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HomeMy WebLinkAbout19790604_regular, If6 MINUTES , ,* V” - I :‘1 . .I OF THE IZEGU1,AR PlEETING OF THE . EDINA CITY COUNCIL UELD i\l’ CITY HALL JUNE 4, 1973 . I .,w Answering rollcall were members Courtney, Richards, Schmidt , and Pfayor Van Valkzn- burg. Planning Commission and Dr.Richard Simmons of the Advisory Ilealtli Board. RECOGNITION OF EDLNA POLICE RESERVES. resolution which was unanimously adopted, and made presentations to those named as follows: Present also were Mrs. Helen l4cCLelland of the Community Deve1opnient:hnd Playor Van Valkenburg read the following RESOLUTION OF CONGRATULATIONS WHEREAS, the Edina Police Reserves are an integral service with the Edina Police Department; and IWEREAS, the Edina Police Reserves provided 1,738 hours of volunteer service to the residents of the City of Edina during 1978; and TJHEREAS, the Edina Police Reserves worked with the followhg activities during the year: Farch of Dimes . Special Park Patrol Edina Jaycees Vice-president Mondale Visit Wooddale School Carnival- . High School Football School Patrol Special Holloween Patrol Edina Fourth of July Celebration and marry other duties; and TEEREAS, the Edina Police Reserves save the residents of Edina countless dollars while providing support to the Edina Police Department; and WHEREAS, the Edina Police Reserves maintain the highest professional attitudes, standards of performance, and ezhics; EOW THEREFORE BE IT RESOLVED, b~7 the City Council of the City oE Edina, Minnesota, that (Name of Officer) a member of the Edina Polibe Reserves having volunteered (Number of Hours) in the service of the City of Edina and the Edina Police Department be commended and heartily thaked for excellent service to Edina. Recognized were: Tim &ne, 294 1/2 hours; Loren Hallonquist, 267 hours; Plarc Thielnan, 254 hours; Ronsld Craig, 204 3/4 hours; Sandi Quint, 167 3/4 hours; Michael Bodeen, 165 1/4 hours; Scott Johnson, 133 3/4 hours; Jens Zovesrud, 106 hours; Kay Torbenson, 73 1/2 hours; and Peter Semenkewitz, 66 hours. Hopkins Raspberry Festival 7 I PUBLIC HEARING CONDUCTED ON PUBLIC IMPROVEMENT. sented by Acting Clerk, approved as to form and ordered placed OIL file. Affidavits of Notice were pre- Due notice having been given, public heasicg was conducted and actioz? taken as here- iqafter set forth. A. COWTRUCTION OF PE’ILLMENT STREET SUEFACING WITH C0NCP;ETE CURB AND GUTTER .? AND SIDEWALK IFPROVENEXT NO. P-BA-239 IN THE FOLLQWING: York Avenue from I?. 74th Street to I?. 76th Street Rorth slde of W. 76th Street froin Parlclaxnm to Xerxes Avenue Sidewalk on East side of York.Avenue and North side of W. 75th Street from- York A.renue to Xerxes Avenue , West side of York Avenue from I.T. 74th Street to I?. 76th Street ‘N, 76th Street frcm York Avenue West to the West line of Ebenezer Society Property 3. CO3STRUCTION OF SIDEWALK INPROVEMENT NO. P-S-26 Hr. Rosland presented total estimated construction cost of $239,591.77 of which $209,866.37 is proposed to be funded by tax-increment financing, and a portion of the project is to be assessed against tlie following: Lot A, Zbenezer Society 1st Addition; and Lot 5, Lyndale Builders Association. The proposed rates of assessment are $20.00 per lineal fcot for property abatting Pork Aveme €or a tokal of 1,208.72 assessable feet, and $10.00 per lineal foot for property abutting the North side of W, 76th Street for a total of 555.C9 ssessable feet. Xr. Hoffman advised that the sidewalk on the Kest side of York Avenue Erom‘M. 74th Street to I$. 76th Street; and on W. 76th Street from York Avenue Vest to the Nest line of Ebenezcr Society propsrty is proposcd to be a separate- project to be funded by municipal state-aid fiinds. the project evolved from an Agreement dated June 26, 1.978, between the Ediira Housing and Redevelopment Authority (HM) and Yorkdale To&hcnies of Edina, JXd. , and that rhe City will do the Work wh:i.ch the KRA agreed LO do in said Agreeai&it. Nr. Erickson stated that Council would need to authorize the executioii os a3 A~reemeiit: between the City and the HRA in vhich the NlU ~Otlk? request the ‘City. to do the Work and qon completion 3f the ‘Work the ‘HRA would pay tlie cost thereof to the City. improvement and is of the present opinion that the proposed j.mproven;cnt will add Lot 1, Block 1 axd ‘ He explained that It was ais0 noted that thc Gity Assessor has reviewed the proposed I .. 6/4/79 117 value at lea.;t equal to the pr lman 'Cot;r:ney offered tti t. No objoctions being heard, lution and moved its adoption: .. .--- _. WSOLUT TON. GREERING IMPROVEMENTS HA-239 AND S-26 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvements: 1. CONSTI3JCTION OF PEFWANENT STREET SURFACING WITH CONCRETE CURE AND GUT'I'ER AND SIDEWALK INPROVEMENT NO. P-BA-239 IN THE FOLLgWING: York Avenue from W. 74th Street to W. 76th Street North side of W. 76th Street from Parklawn to Xerxes Avenue Stdewalk on East side of York Avenue and North side of W. 76th Street from York Avenue to Xerxes Avenue West side of York Avenue from W. 74th Street to W. 76th Street W, 76th Street from York Avenue West to che West line of Ebenezer Society property 2. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. P-S-26 and at the hearing held at the time-Xid-place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvements, includtng all proceedings which may be necessary 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: No. 1 Above PER"ENT STREET SURFACING WITH CONCRETE CURB AND GUTTER Wo. 2 Above SIDEWALK IMPROVEMENT NO. S-26 AND SIDEWALK IMPROVEMENT NO. BA-239 and the cost of the major portion of Permanent Street Surfacing with Concrete Curb and Gutter and Sidewalk Improvement No. BA-239 shall be paid from Tax-Increment Financing and a portion of the project to be specially assessed therefore shall include Lot 1, Block 1 and Lot A, Ebenezer Society 1st Addition; azid Lot 5, Lyndale Builders Association; and the cost of Sidewalk Improvement No. S-26 shall be paid from Mun-icipal State Aid Funds. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nqs: None Resolution adopted. Councilman Courtney then offered the following resolution and moved Its adoption: RESOLUTION EE'IT TISOLVED by the Edina City Council that the City Manager is hereby authorized to enter into an Agreement with the Edina Housing and Redevelopment Authority (14RA), by which the HRA requests that the City undertake and perform, and ishe City agrees to undertake and perfom, certain work in the vicinity of Yorkdale Townhomes of Edina, Ltd., pursuant to a Purchase and Sale Agreement and K2development Contract dated June 25, 1973, betdeen the HRA and Yorkdale Tomhomes of Edlna, Etd., in- cluding the construction of sidewalks, street lighting ~ sodding, construction of median cut, construction of turning lane improvements and installation of perman- ent street surfacing and curb on York Avenue, and BE IT FURTHEE RESOLVED, that said Agreement shall also provide that the HRA upon . completion of said work shall pay to the City the cost thereof, together with any additional costs usually added to work done by the City for engineering znd clerical services, such total cost to be paid by the €IRA upon deniand nade by the City. Motion. for adoption of the resolution was seconded by Councilri.romzn Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Reso lut icn adopted . EASFXENT VACATION, -A LOT 2 BLOCK 3, SCHEY~S PARR VIEW ~RD ADDITIGN - CONTINUED - To J'mE 18, 1979. Xr. Hoffman recalled that the Scheys had given the CiZy an ease- ment over Lot 2. Block 3. Sc!iey's Park View 3rd Addition in 1971, for drai.nage arid storage of water Ercm the cul-de-sac on Tralee Drive. Mr. Gerard Gaynor has purchased this lot and is now petitioiling Che City Council. to vacate that portion of the easernent located over the easterly portion of the lot, thus creating a buildable site. Wr. Hoffman stated that staff recommends vacating the portion of the easement as petitioned, but retaining the easewnt on the low portion of the lot for drainage and storage of water, including the storm sewer area and subject to Northern States Power retaining their easement along the north lor line. lilr. Ifoffninn stated chat the normai procedure for giving notice had been folloued and that Xr. Czpior had apparently contactd the omer of Lot 3, b~it had bee11 utiable to contact the owner of Lot 3. Subsequently, In response to qiiestion of Nayor Van Valkcnburg, Mayor Van Valkenburg stated tliak he felt I. n notice should be sent to all owners of Schey's ,kirk View 3rd*A&!ition because . 1 of the restrictions and covenants in exi$tlciice for the subdivision, raised the question of whcther there had been a cost to tlic City at the time the easement was obtained and if the City should now be compensated for vacating part of the easement at this time. the hearing on the easement vacation oE Lot 2,'Block 3, Scliey's Park Yiew'3rd Addition t.0 June is, 1979, so that notice can be sent to everyone in'Schey's Park View 3rd Addition and requesting staff to come back with information as to any value to the City for this easement vacation. man Richards. Ayes: Nays: None Xotion carried. Fir. Riellards Couiicilnian Courtney then moved to contfnue. Motion vas seconded by Council- *. . .I Courtney, Richards, Schmidt, Van Vdkenburg IEAkING DATE SET FOR VARIOUS PLANNING MATTERS. Councilman Richards' motion setting hearing date of June 18, 1979, for the follow- ing Planning matters was seconded by' Couficilwoman Schmidt : Appeal of Board of Appeals & Adjustments Decision - Rauenhorst Corporation Variances; 2) Single Family District to PRD-4 Planned Residential District; 4) Peterson Replat - R-1 Single Family District to R-2 Two Family District. As recommended by YE. Hughes 1) Administrative Phi Amendment - Radisson South; 33 Netro Consultants - R-1 . Warden Acres, Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays:' None Hotion carried. 1 FAINTING' OF BRAENAR ARJ3NA CEILING APPROVED. quotes for painting of Braemar Arena ceiling with aluminum paint showing SiJanson and Yo2ngcld-e inc. at $2,250.00 and Perferred Painting and Decorating at $2,275.00. Councilman Courtney's motion for award to recommended low quote, Swanson and Youngdale Inc. at $2,250.00 was seconded by Councilman Richards. Mr . Rosland presented tabulations. of Ayes: Courtney, Richards, Schmidt, Van Vallcenburg Nays: veNone Motion carried. I PAIWTI~G OF CURB HOUSE "BEIIS DISCUSSED, 3fr. Rosland recalled that at the rr?e&ting of March-19, 1979, Council had authorized the City Manager to grant permission to Steve2 Rice to paint hok rncmbers on curbs in the City. 'adviged that both Mayor Van Valkenburg and he had received several phone calls from residents objecting to the numbers, together with letters from Mr. William Iriorn and Hr. Robert De brey who requested that numbers not be painted at their hojnes. Nr, De brey questioned the aesthetic effect, whether the numbers really are fuDctiona1 and objected to the procedure in which. the White Rabbit Cozpany would paint first and then contact residents the burden of contacting the company on the residents if the number was not . vanted. Mayor Van Valkenburg asked Mr. Rice, who vas present, if it would be . possible.to geC permission from the resic?ent before painting the numbers. Mr, Rice responded that this would be difficult to do becanse many people would notrbe home and that he had found through past experience that favorable response 17Oilld be 'aBout the same whether or not people had been contacted in advance. Kr. Rosland advised that staff had polled a number of residents in the. Couxtry Club arearand -that sonie we& apathetic, others had no opinion one way or the other, sone thou& *the numbers were of. benefit and others objected to them. Bfr. Rice suggested he could re-word the leaflefwhich is distributed to homes to clarify thk fact that no one is obligated to pay. allow the number painting on curbs to continue with the understanding that 4 Xr. Rice would clarify the wording of the notice so residents nculd understand they were not obligated to pay for the serSrice, and that Mr. Rosland would respond to Mr. De hey. Motion vas seconded by Councilwoman Schmidt. * FE to collect the fee, placing the Councilnan Richards then moved to Ayes : Courtney, Richards, Schmidt, Van ValkcenSurg Nays: None ., Kotion carried. D-;WGER@US WEAPONS ORDDXNAXCE DISCUSSED. Mr. Rosland referred to a letter received from Darcy Szarzynski of G. D. Anderson & Associates, 7701 Normndalc Road, requesting an appearance before" CouncLl to discuss ;he dangerous weapons ordi-- nance, specifically use of bow and arrow, and that he had requested Chief Swanson to review the ordinance. Chief Swanson advised that neither the City ordinance or State Statutes address the subject of bow and arrow per se biit speak sf danger- ous wea?ons ar,d trhar: bow and arrow could be catagorized as such if it is-beingb used haphazardly or recklessly. He stated than zzn officer responding to a call regarding use of bow and arrow would exercise discretion and if it is being used 119 I I recklessly or haphazardly would advise the person using it to cease., brit if it 'wet% being used with care mch 8s target practice, the off her would prbbaH1y persit such use. .Mr. Darcy Sza~%ynski, Ekini: present. stated that he iia3 spplying under Ordinance No. 1001, Sec. 13, for a permit to allow his brother, Toin, and him to shoot carp with bow and arrow in the City, and explained that they had been doing this unaware of the City ordinance until an officer informed them it was illegal. Mr. Szarzynski explained that carp shooting is done by shooting at an angle into the water so there is no danger of the arrow ricocheting, that it is on a 25 foot string, and is done at close range. recreational sport would be beneficial because carp is considered a rough fish by the Department of Natural Resources and destructive to game fish. further stated he felt indiscriminate shooting could be controlled by issuing permits only to responsible adults who would exercise care and discretion in the use of bow and arrow. Mr. Richards expressed concern for others, especially children, who may be using the parks and creek areas for recreation and that he did not feel it was a compatible activity. Mr. Rosland suggested, inasmuch as bow and arrow is not classified as a dangerous weapon unless ic is used recklessly or dangerously and therefore would ZoE-normally require a permit, that the Darcys discuss with ChieE Swanson where and when they might be able to shoot bow and arrow in safety. Chief Swanson agreed it could be handled in that manner. formal action was tzken but it was unanimously agreed to refer the matter to the Police Department. He argued that this Mr. Darcy No FABRI-TEK DEED RESTRICTION DISCUSSED. Mr. Hughes introduced I4r . Malcolm Reid, attorney representing Fabri-Tek, Inc., 5901 County Road 18, and WET, a California real estate- trust, who by letter had requested an appearance before Council. Mr. Reid recalled that Fabri-Tek had executed an Agreement with the City dated February 26, 1955, in which Tract A, the parcel of land on which the Pabri-Tek building is located, shall be considered a single parcel of land and that the restriction severly limits Fabri-Tek's options with regard to the property. stated that Febri-Tek and UMET is requesting removal of the single parcel re- striction so that Fabri-Telc cap- lease a portion of its building and/or sell a part of the property located ir, Tract A. had a chance to study the request and discuss it with staff which would have to be done before removal of such a restriction could be Considered and-that there were also ancillary problems involved. of Pabri-Tek to remove the single parcel restriction on Tract A to staff and the Comnunity Development and Planning Commission for review and recommendation with the understanding that the ancillary problems would also be resolved, was second- ed by Councilwoman Schmidt. He Mr. Erickson commented that he had not Mr. Richard's motion to refer the request Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: N0r.e Motion carried. COLONIAL CHURCH OF EDINA PARKING LOT IKPROVEMENT NO. P-12 AUTHORIZEC. Mr. Kosland recalled that the 100% petition of the Colonial Church of Edina for parking lot had been continued from Nzy 21, i979, and gave estimated cost of construction at $34,734.81. with a ParkiDg Lot Agreement dated November 11, 1977, Setween the Church and the City, zlid wishcs to pay for the cost of the improvement on an assessment Sasls over a 10-year period. Mr. Ericlcson advised that an agreement woqld have to be signed between the Church and the City providing for such special. assessment irr view of the fact that the parking lot will be constructed on City property for the Church's use but the cost thereof will be assessed against Church property. Councilman Courtney offered the following resolution and moved its adoption: The Church has requested the City to construct the lot in accordance RESOLITTION ORDERING IMPROVEMENT P-12 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. signed by The Coionial Church of Edina, has been filed requesting the Council to construct a parking lot improvement upon property in the City of Edina described as f 01-loes : Lot 1, Block 1, Colonial Church of Edina First Addition, accordirrg to .the plat therecf on r'ile and of record in the office of the County Recorder for Eenncpin Cbunty , Minneso t.a and to assess the entire cost against, the property of The Colonial Church of Ed ina . 2. The making of said improvenient in accordance with said petition is hereby ordered pursuani to Minnesota Statutes, Section 429,031 (3) , (Session Laws of 1961, Chapter 525, Section 2). Said improvenent is hereby designated -and shall be refermd to in all subsequerit proceedings as PARKING LOT 1FE'ROVEME;ilT It is hereby-found and detemined that a petition, dated Nay 21, 1979, ~ No. I?-1.2. The entire cost of said improvement is he~eby ordered to be assessed against the property of The Colonial Church of Edino described as Follows:* to the plat thereof on file and OF record in the office of the County Potion for adoption of the resolution was seconded by Councilwoman Schmidt. . I .-. Lot I, Block 2, Colonial Church of Edi.na First Addition, according ,? Recorder for Hemepin County, Minnesota. ,. 1 4 -t Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. .* Councilman Courtney then offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that the Nayor and City Nanages are hereby authorized to enter into an Agreement for Special Assessment for Parking Lot with The Colonial Church of Edina, which Agreement states that the Colonial Church of Edina requests that the City construct a parking lot upon Lot 1, Block 1, Colonial Church of Edina First Addition, and, BE IT FURTHER RESOLVED, that the entire cost of the parking lot be assessed against the property owned by the .Church and described as Lot 1, Mock 2, Colonial Church of Edina First Addition, all as set out in said Agreement for 4 Special Assessment for Parking Lot. Mozion for adoption of the resolution was seconded by Councilwoman Schmidt. * I- RESOLUTION ,* Rollcall: Ayes: Courtney, Richards, Schmidt, Van Valkenburg * 1.4 ' Nays: None Resolution adopted. LOW AKD XODERATE INCOME HOUSING COXMITTEE TO BE APPOINTED. As a follow-up to the seminar on Low and Moderate Income Housing held on April 21, 1979, and in order to prepare a Comprehensive Plan under the Mandatory Planning Act, >fayor Van Valkenburg requested that staXf and Council members submit names of persons to serve on a committee that 170Uld function as a soundini board for 101.7 and moderate income housing needs and who would work with staff in recommending a housing policy for the City, It was agreed that names would be submitted so that the Mayor could appoint the committee at the June 18th meeting. No formal action was takea. DRE:Lfl\IIlJiL!Y COI+MUNITY W,ALTH SERVICES PLAN PIIESENTED . Xr . Rosiand presented the Preliininary Com,ucity Health Services Plan for 1980-51 for revim by Council and advised that the Advisory Board of Health recommended approval. Schmidt referred to the increased case loads indicated in statistics for the City 2nd advised that the City could anticipate increased use of subsidized community health services as a direct result of add5tional housing units for the elderly and low and moderate income households. No formal action was taken. IESERAXCE RENE\JAI.LS DISCUSSED. tIr. Rosland advised that it has been the City's indication to insurance carriers the past few years that if there were not signi- ficant increases in the current poiicy rates that there would not be a competitive =egotiation sought for three years from the last one sought, thac this has been followed as the costs of receiving annual bids and potential switching carriers because of bid and start-up costs for a bid increase premium costs. He stated' that if there is no desired change in this policy, that renewal quotations wfll be presented for review at the June 18th meeting. Councilman Courtney-'s motion to continue the policy of not seeking competitive negotiations if there appears to be no significant increases for a period of three years from the last seeking of such proposals was seconded by Councilwoman Schmidt. I . Councilwornan t Ayes : Courtney, Richards, Schmidt, Van Vallcenburg Nays: None * Notion carried. POLICE TMINIEu'G COURSE REPORTS RECEIVED. &yor Van Valkenburg acknowledged ' reports submitted by Sgts. Clabo and Kane on a Firearms and Classroom Instructor Training Course recently attended and expressed appreciation for sane. BOARD OF REVIEV TO NEET JUNE 5, 1979. the Board of Review mecting scheduled for 4 p.m. June 5, 1979. FRANCIS J. GRINLEY RETIREMENT ZOTED. be retfring from her position as City Cashier on June 5, 1979, Mayor Van Valkea- burg exqxessed the appreciation and thanks of the? Couacil for a job well done over the 20 years she served wit11 the City, and wished her vel1 in her yesrs of retiremect . Pkayor Van Valkenburg reminded 'Council of Noting that Mrs. Francis J. Grinley would .' 6/4/79 .. 121 COPfJ"3lKNSYVIS :;?'LTlrI' OF lIU?4AN SI<RVZCTS NEEDS DISCUSSED. that a letter had just bcen m.cbi.v&l from' Fir'. Russ Strlcker, Executor Illrector Mr . Roslnnd advised ---__ --- ..-.-- -I' of South Reniiepin Human Services Council, with regard to their "Proposal for a Comprehensive Study of Human Services Needs in South liennepin" . suggested it would be helpful if Edina would clarify its commitment to the proje'ct, following Souncil endorsement at the meeting of April 16, 1979, and asked consideration of a $4,008 financial commitment to the project. Mr. Rosland advised that staff strongly felt that an inventory of human services and a necds assessment was essential and recommended approval of the $4,000 as Edina's commitment. Nrs. Schmidt strongly urged Council to m&e this commitment to South Hennepin Human Services Council, citing that the results of the compre- hensive study would enable the suburban communities to assess their needs and present them to the Metropolitan Councii as opposed to having the Metro Council make the decisions. She further advised that the Hennepin County Board of Commissioners were considering whether or not to set up a Community Action Agency which would be a master agency over the suburban agencies and through which all Federal funding would flow, and stated this would diminish the effectiveness of the suburban agencies as well as curtail their imput into any decision making process. Following further discussion, Mr. Rosland suggested this matter be deferred and a decision be made at the June 18th meeting. No formal action was taken. The letter - LEAGUE OF MINNESOTA CITIES CONFERENCE TO BE HELD. Councilman Courtney and he would be attending the League of Minnesota Cities Conference to be held June 13-15, 1979, at the Radisson South. Mr. Courtney announced that the various cable television compariies would have exhibits at the conference and urged Council members to avail themselves of this opportunity to learn more about cable television. No action was taken. DOG ORDINANCE TO BE CLARIFIED. meeting Council had given the Durenbergers a variance under ordinance No. 302 to allow three dogs at their residence, and that Ordinance No. 311 was not in agreeinent with Ordinance No. 302 as to number of animels allowed and should be clarified. to retain the zuthority to grant permission for more than two animals and that Ordiiiarice No. 311 should be amended to reflect this. Mr. Rosland advised that the amended Ordinance No. 311 would be brought back to Council at the next meeting. No formal action was taken. Mr. Rosland advised that Mr. Rosland recalled that at the May 21, 1979, Mayor Van Valkenburg stated that it was th2 intent of the Council ORDINANCE NO. 1222 TO BE MODIFIED TO ALLOW TRAPPING OF NUISANCE BEAVERS. Nr. Roslaad advised that an increase in the number of beavers in the City has resulted in a serious loss of good trees in certain parts of the City, and that under the ordinance now in effect, trapping with use of steel-jawed leghold traps is prohibited. As this is the only effective means of trapping these nuisance beavers, Mr. Rosland recommended that Ordinance No. 1222 be modified to allOT.7 the City to use or authorize the use of steel-jawed leghold traps to trap beavers which become destructive. Nayor Van Valkenburg recalled that it was the intent of the Council to allow this exception and suggested that an amendment to Ordinance No. 1222 be brought back to Council for passage. No formal act ion was taken. BIDS TO BE TAKEN FOR VARIOUS IMPROVEMENTS. - Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIOXS DIRECTING ADVERTISEEIENT FOR BIDS As recommended by Mrs Eloffman, FOR PROPOSED IMPROVEMF,NTS ANT? FOR IPPROVEMENTS NO. SS--342A, TW-326A, ST. S-161, S-23, S-24, EA-239 , P-12 AND CON. REP. 79-3 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed inprovemetits set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. * 2. The Clerk shall cmse to be published in the Edina Sun and Construction ' Bulletin the following notice of bids for improvements: (Official ?ublicat.ion) CITY OF EDLNA 4801 W. 50TH STREET EDINA., MINNESOTA 554 24 I HENNEPIN COUNTY , MINNESOTA CCIXCRETE CURB AND GUYi'EK, CONCRETE SII)EGIALiL\'S, COWCXETE STKEET RI':PP-%R, LWD 13LTUMLMOUS PARKING LOT I?lPROVEMENTS NO. SS-342AY WM-326A, SL.S-161, S-23, 5-24, Bk'~-239, * P-1.2 AND CON. XEP. 79-3 SEALED BIDS will be received and opened in the Council Chanibers in Edina City Hall, 4801 W. 50th Street at 11:OO A.M., June 15, 1979, and the Edina City Council will meet at 7:OO P.H., Monday, June 18, 1979 to consider said bids for- Sanitary Sewer, \?atermain, Storm Sewer , Concrete Sidewalk, Concrete Street Repair and Bituminous Parking Lot. tied. The following are approximate quantities of the major itenis : These will be three separate bids and not -. Improvement No.'s SS-342A, N!l-32GA, St.S.-161 245 L/F, 8" V.C.P. 248 L/F, lk" Copper W.M. 29,200 C/Y; Excavation 80 Hrs. Dozer time - 21 Each Catch Basins 2,000 L/F, 12" thru 30" R. C.P. 11,400 S.Y, Sod ' Improvement No.'s S-23, S-24, and Con. Replacement 79-3 5,000 C/Y, Excavation 68,400 S/F, 4" Con. Walk 4,EO S.F, 6" Con. Walk 333 S.Y, 6" Concrete Street Replacement 257 L/F, 6" B6 Integral Curb 13,000 S.Y, Sod 5,060 S.Y, Dri-wall Retaing Wall - improvement No.'s BA-239 and P-12 3,100 C.Y, Excavation 6,556 L/P, B6-18 aEd B6-24 Curb and Gutter 18,685 S. P, 4" Concrete Sidewalk '. a 4,539 Tons, Minn. D.O.T. 2331 Base and Binder and 2341 Wear Bituminous * 270 Tons, FA3 Traprock Seal Coat -10,415 S.Y, Sod Bids shall be in a sealed.envelope with a statement thereon showing the work covered by the bid. Edina, 4801V. 50th Steeet, Edina, Minnesota 55424, and be mailed or submitted pers'onally to the City Engineer, Bids received by the City Engheer, either through the mail or by personal submission, after the time set for receiving t5,eT-, nq be returned unopened. Vork must: be done as described in plans and specifications on file in the office of the City Clerk. of $25.00 (by check). Said deposit will be returned upon return of the plans and specifications with a bona fide bid. No bids will 3e considered unless sealed and accompanied by a bond or certified check payable to uhe City Clerk in the amount of at least ten (10) percent of the amount of base bid. Council reserves the right to reject any or all b-ids. SY ORDER OF THE EDINA CITY COUNCIL. . Hds should be addressed to the City Engineer, City of Plans and Specificiations are available for a deposit The City Florence B. Hallberg .. City Clerk Hotion for adoption of the resol-cltion was seconded by Councilman Rtchards. I SI -- . Rclllcall: Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nayst None, . Xesolution adopted. ORDIHkCE NO. 434-A4 GRANTED FIRST READING. Nr. Rosland presented ordinance No. 434-A4 for First Reading, noting that the ordinance as amended prohibits above ground smimming pools. for First Reading with waiver of Second Reading and moved its adoption: Councilman Richards offered Ordinarzce Eo. 434-A4 I ORDINANCE NO. 4344.4 I All ORDINANCE &ENDING ORDINAFICE .NO. 434 TO PROITIBIT ABOVE GROUND S'(.!IPLblIWG POOLS THE CITY COUNCIL OF THE CITY OF EDINA, bIINNESOTA, ORDAINS: of the citizens of Ediria, the Council does hereby determine and ordain that above ground svimning pools shall be prohibited. the following amendments are hereby made to Ozciinance No. 434: Section 1. For the promotion of thz health, safety and general welfare Sec. 2. For the purpose of implementing the fcregoirig dcteminatipn,,. (a) Sec. 6 (b) is hereby amended to read as fOllOF7S: .- "(b) Nall Design. The top elevaticn of the pool w~alls shall not exceed by' more than eight inches <he higlies t ground elevation abutting the pool walls at any po2r.t. In determining such higlicsL ground elevation, no elevation increases shall be considered that are duc to fill placed or grading doile in violation of See. 6(j) of this ordinlmce. To a depth of three feet gram the watcr level, the walls shall hc vertical. No right zcgle projection shall be pdrmittcd rgith exception of steps at *the shallow end." (b) Sec. 6(g) is hcreby nm'cndecl to read as follows: J. ' "(6) Pool Deck. Unobstructed deck areas not less than 48 inches wide shall be provided to extend entirely around the pool. Pool decks shall be constructed above, but not more than 9 inches above, the noriiial water line. Thc deck area shall be Constructed of impervious material, and the surface shall be such as to be smooth and easily cleaned and of non-slip construction. The deck shall have a pitch of at least: one-fourth inch to the foot, designed SO as to prevent back drainage into the pool. drain pipe linea shall be at :east two inches in diameter; drain openings shall have an open area of at least four times the cross-sectional area of the drain pipe. The deck drain system shall have indirect connection to the sani- tary sewer. The deck drains shall not be connected to the recirculation system piping." If deck drains are provided, (c) Sec. 6(j) is hereby added, to read as follows: I I "(j) Aboveground Swimming Pools; Fill. Swimming pools that are constructed or erected wholly above ground are and shall be prohibited. NO fill shall be placed or gradtng done on the property to raise the ground elevation for the purpose of raising the top elevation of the pool walls." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. Motion Eor adoption of the ordinance was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Van Valkenburg Nays : S chmid t Ordinance was, therefore, granted First Reading only. MODIFIED BUILDING DESIGN FOR HALLA ENTERPRISES R.L.S. APPROVED. Mr. Hughes recalled that- Council had given final approval for Halla Enterprises Registered Land Survey at the meeting of May 21, 1979, and advised that the Kerr Company, developer for the property, has submitted a slightly modified building design. He indicated the building will be in the same location and be the same height and size, but felt it is a better design in many respects tha the original one and recommended zpproval. Councilman Courtney's motion to approve the modified building design for Halla Enterprises Registered Land Survey was seconded by Councilman Richards. Ayes: Courtney, Richards, Van Valkenburg Nays: None Notion carried. ' Abstaining: Schmidt, because of a possible conflict of interest. 123 i LIQUOR STATEMENTS AS OF JANUARY 31, 1979 AND FEBRUARY 28, 1579, were reviewed 2nd ordered place on file by notion of Councilman Courtney, seconded by Council- woman S chmid t . Ayes : Courtney, Richards , Schmidt , Van Valkenburg Nays: None Motion carried. CL4IMS PAID. Moticn of Councilwoman Schmidt was seconded by Councilman Courtney 'for paymen; of the following claims as per Pre-List dated 6-4-79: Fund; $26,164.12; Park Fund, $5,985.88; Edina Art Center, $5,255.72: Park Con- struction, $155.93: Swimming Pool, $1,592.92; Golf Course Fund, $6,365.33; Recre- ation Center, $1,259.60; Gun Range, $335.00; l?Jater Works, $2,174.67; Sewer Rental, $1,298.30; Liquor Fund, $337.62; Construction Fund, $185.12; Total, $51,110.71; and for confirmation of payment of the following claims as per Pre-List dated 5-31-79: General Fund, $19,696.91; Park Fund, $777.14; Gdina Art Center, $128.40; Swimming Pool, $44.73; Golf Course, $2,011.83; Arena, $2,578.48; Gun Range, $14.18; Water Fund, $1,970.56; Sewer Fund, $57.31; Liquor Fund, $94,552.31; Total,' $122,131.85. General Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None MDtiol: carried. Council's agenda having been covered, Councilwoman Schnidt's motion for adjourn- ment was seconded by Councilman Richards. Adjournment a'c 5:55 p.m. Acting City Clerk