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HomeMy WebLinkAbout19801117_regularIf NOTES OF THE REGU1,AR I+EETING OF TIlE EDINA CIl'S COUNCIL HELD AT CITY HALL NOVEEfUER 17, 1980 I 'cu 0 OI -3 a a hstqering rollcall were members Bredesen , Courtney , Richards , Schmidt and Mayor Val1 Valkcnburg. Present also was Mrs. Leslie Turner of the Human Relations Coniniission. 213 JOINT 11. R.A. AND CITY COUNCIL MEETING HELD; RESOLUTIONS ADOPTED APPROVING CIIOSSROADS OF EDINA AS HOUSING DEVELOPMENT PROJECT AND AUTHORIZING ACQUISITION AND SALE OF LKND. Affidavit of Notice was presented by Acting Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearing was held and action taken as recorded. Mr. Hughes recalled that at the November 3, 1980, meeting Council had approved PRD-3 Planned Residential District zoning for the Crossroads project and had set November 17, 1980, as hearing date for approval of the project as a housing development project and authorization . for acquisition and sale of land in connection therewith. He advised that the City Attorney had prepared the necessary resolutions for adoption as directed by Council. Mr. Hughes informed Council that Mr. Henry Hyatt of Crossroads Develop- ment Corporation was present at the hearing. No one requesting to be heard, Councilman Courtney offered the following resolution and moved its adoption: KESOLUTION APPROVING CROSSROADS PROJECT AS A HOUSING DEVELOPMENT PROJECT INVOLVING THE USE OF EPiINENT DOMAIN WHEREAS, the City Council of the City of Edina, by resolution adopted March 4, 1974, did determine and declare that there is a shortage of decent, safe and sanitary dwelling accomodations available to persons of low 5ncome and their families-at rentals they can afford; and WHEREAS, the housing development project proposed by Crossroads of Edina generally located West of Cahill Road and South of West 70th Street in Edina will provide housing for persons of low and moderate income and their families and will help alleviate such shortage; and WHEKEAS, in connection with the project it is necessary to acquire, by eminent' domain if required, land described as follows: Lot 1, Block 1, and Lot 1, Block 2, Findell Second Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Together with all that part of Amundson Avenue, now or hereafter vacated, dedicated by the plat of said Findell'Second Addition, including the East 275 feet of the North 1/2 of said Amundson Avenue (being that part of said Amundson Avenue abutting Lot 2, Block 1, of said plat of Findell Second Addition). NOW, THEREFORE, BE IT RESOLVED, that the said housing development project pro- posed by Crossroads of Edina is hereby approved as a housing development project under Minnesota Statutes, Sections 462.415 to 462.711, and Housing and Redevel- ' opment Authority of the City of Edina, Minnesota is hereby authorized to carry out said housing development project and to do all things necessary to promote the successful completion of said project, including, if necessary, exercise of its power of eminent domain to acquire the above described property. BE IT FURTHER RESOLVED, that the Community Development Block Grant Funds received by the City in the amount of $366,000 be transferred to the Housing and Redevel- opmenr: Authority of the City of Edina, Minnesota, to be used to carry oat said project. Motion for adoption of the resolution was seconded by Councilwoman Schmidt, Rollcall : Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: Richards Resolution adopted. Councilman Courtney then offered the second resolution and moved its adoption as follows: RESOLUTION OF HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF EDINA, MINNESOTA CONCERNING CROSSROADS OF EDINA WHEREAS, Crossroads of Edina is proposing to construct 64 townhouses on land generally located West of Cahill Road and South of West 70th Street in Edina, Minnesota, 26 of which shall be for persons of low and moderate income and their families; and WHEREAS, the City of Edina has approved the project as a housing development project providing housing for persons of low and moderate income and their f milies . NOW, THEREFORE, BE IT RItSOLVED, that the Housing and Kedevelopment Authority of Edina, Minnesota ("H.R.A.") hereby finds, determines 2nd declares: 11/17/80 214 1. That the project is necessary to help alleviate a shortage of decent, safe and sanitary housing for persons of low and moderate income and their families, and should be carried out and completed as a housing development project under Minnesota Statutes, Section 462.415 to 462.711 (the "Act"). 2. That it is necessary, for completion of the project in a manner consistent with the ordinances and planning objectives of the City of Edina, that there be acquired the following described real estate: Lot 1, Block 1, and Lot 1, Block 2, Findell Second Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. dedicated by the plat of said Findell Second Addition, including the East 275 feet of the North 1/2 of said Amundson Avenue (being that part of said Amundson Avenue abutting Lot 2, Block 1, of said plat of Findell Second Addition). That acquisition of the above described property is necessary to complete That the H.R.A. proceed to use every reasonable effort to procure the above - Together with all that part of Amundson Avenue, now or hereafter vacated, 3. the project. 4. described property by negotiation and direct purchase, if possible, or under the H.R.A.'s right of eminent domain, if necessary, and that the staff and attorney of the H.R.A. be instructed and directed to use every reasonable effort to procure the above described property by negotiation and direct purchase, but, if not successful, to file the necessary petition in eminent domain to acquire such property and prosecute such action to a successful conclusion or until abandoned, dismissed, or terminated by the H.R.A. or the Court; that the H.R.A. staff and attorney and the H.R.A. officers do all things necessary to be done in the acquisition of said property by negotiation and purchase and, if necessary, by eminent domain. 5. with the acquisition procedures established by or under the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended . 6. That the H.R.A. employ an appraiser to appraise and determine the value of said property for purposes of acquisition pursuant to said Federal Act. 7. That the H.R.A. sell said property to Crossroads of Edina, a limited part- nership, pursuant to the Act and pursuant to the Sale Agreement and Development Contract and Deed of Conveyance of Land for Development presented to this meeting and hereby ordered filed tith these minutes. 8. the H.R.A. are hereby authorized and directed to execute and deliver said Agree- ment and Deed, and 2ny and all other docunents required to be executed and delivered by the H.R.A. in connection with the acquisition and sale of said property, and to do all other things and take all other action as said officers deem necessary or adviseable to acquire and sell said property, to execute and carry out said Agreement and Deed and to fully carry out the intents and purposes of this resolution. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. That the acquisition of said property be done at all times in full compliance . That the Chairman or Vice Chairman and Secretary or Assistant Secretary of Rollcall : Ayes: Nays : Richards Resolution adopted. Bredesen, Courtney, Schmidt, Van Valkenburg The agenda for the joint H.R.A. and City Council meeting having been covered, the joint meeting was adjourned. . PUBLIC HEARING ON PROPOSED STORM SEWER IMPROVEMENT NO. P-ST.S-165. Hr. Hoffman advised Council that lOOX petitions had been received to construct a storm sewer in One Corporate Center, Phase V, and that the property owners are requesting the assessment be spread over a 10-year period. of cost for the improvement is being prepared and recommended this matter be continued to the Council meeting of December 1, 1980, when the cost figures have been determined. storm sewer Eo. P-Sf.S-165 'to December 1, 1980, was seconded by Councilman Courtney. I He indicated that an estimate - Motion of Councilman Richards continuing the hearing on proposed- Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. jlEwEY HILL THIRD ADDITION GRANTED FINAL PLAT APPROVAL EITH CONDITIONS. presented Dewey Hill Third Addition for final plat approval, noting this property is located North of W. 78th Street and West of Glasgow Drive. He recalled that Council had approved PRD-3 Planned Residential District rezoning for this property in August, 1980, and advised that the proponent is now requesting final plat Mr. Hughes approval. Mr. Hughes pointed out that the subdivision plan illustrates two 3.0 $15 s I CU 0 m -3 U a on the westerly portion of the property which front on Shaughnessy Road on which two condominium buildings would be located; a pond area in the middle portion which is located on an outlot; and the easterly portion which would be the location for three condomiumium buildings and is also an outlot. that the easterly outlot vould be further subdivided when the proponent would develop that portion of the site. The proponent is now anticipating construct- ion of the two buildings that front on Shaughnessy. Staff would recomiiend final plat approval with these conditions: 1) that Council adopt a resolution whereby the City and developer exchange deeds for Outlots A and B, 2) that there be a subdivision dedication of $7,902 for the property, and 3) that a maintenance agreement be entered into whereby the developer is obligated to maintain the ponding area in the middle portion of the property which extends onto a portion of City property on the north. Mr. Hughes announced that Mr. Larry Laukka of Laukka and Associates, Inc., was present to answer any questions. In response to question of Mayor Van Vallcenburg regarding the subdivision dedication fee, Mr. Hughes responded that the fee was determined based on the overall develop- ment of Dewey Hill I, I1 and 111; that two installments have already been paid for Dewey Hill I and XI, leaving a balance of $7,902 due for Dewey Hill 111. . Councilwoman Schmidt questioned Mr. Laukka concerning site grade levels, build- ing heights, location of air conditioning units, service road and cul-de-sac grade elevation, berming and landscaping, with the explanation that these all were concerns expressed by property owners on Glasgow Drive. Mr. Laukka reiter- ated that the proposed development plans as presented at the hearing for rezoning and preliminary plat approval have not been changed; that the rlans presented at that hearing were thoroughly discussed znd are a matter of record. that Dewey Hill I, I1 and I11 are really considered one development and the con- cepts and themes created in the previous plats are being carried on in Dewey Hill I11 to sustain the quality of the entire development. City Manager Rosland advised that he and Mr. Hughes had met with Mrs. Dominic Sciola, 7005 Glasgow Mr. and Mrs. Robert Clark, 7701 Glasgow Dr., on Ncvember 14, 1980, and had reviewed the proposed development plans with them in response to their concerns. Mr. Robert'. Clark questioned the elevation of the service road and cul-de-sac and a potential problem of objectionable automobile lights; asked if any provision had been made for a walking path for the area; and expressed concern about the construction noise. Mr. Laukka indicated that he was not prepared to develop the easterly portion of the subdivision at this time in response to the question of putting in berming before construction began on the westerly site. stated that the proposed development plans have been thoroughly gone over at the rezoning hearing and that Council should now bring this to a vote. Councilman Richards offered the following resolution and moved its adoption: It is proposed He stated Councilman Richards Thereupon, RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DEWEY HILT4 THIRD ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled Dewey Hill Third Addition, platted by Laukka and Associates, Inc. and First Edina National Bank and the City of Edina, and presented at the Regular Xeeting of Nov- ember 17, 1980, be and is hereby granted final plat approval, subject to the following conditions: 1) exchange of deeds between the City of Edina and Laukka . and Associates, Inc., for the Outlots in the north central portion of the plat, 2) payment of subdivision dedication fees, and 3) execution of a maintenance agreement between the City of Edina and Laukka and Associates, Inc., which pro- vides for maintenance of that portion of the ponding area located on City property. Motion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall : Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: Schmidt Resolution adopted. Councilwoman Schmidt requested clarification of the action taken when final re- Southwest Edina Plan to a higher density as allowed Fn this plat when it was rezoned to PRD-3. City Attorney Erickson explained that the rezoning did in effect amend the Plan, but only as it relates to the specific property legally described in that amendrcect; that this rezoning does not affect any balance of property in the City still under the Plan. ,.zoning was granted' for Dewey Hill I11 and asked if that action amended the HANSEN AND"MARTINS0N G-IWITED FINAL REZONING AND PRELIMINARY PUT APPROVAL. Mr, Hughes presented Hansen and Martinson for final rezoning and prelhninary plat approval for this property approximately one arid a half acres in size located on the north side of Vernon Avenue and east of Lincoln Drive. He re- called that Council had granted preliminary zoning approval to PRn-3 Planned Residential District in order to allow the construction of 8 townhouse units. 11/ 11/ 80 216 The proponents have now returned with f inal development plans which include site plans, utility plans, unit plans and building elevations and landscaping plans, Rezoning approval has been recommended by the Community Development and Planning Commission for this parcel. Mr. Hughes advised that necessary variances have been granted by the Board of Appeals. with these conditions: '1) that final zoning would be conditioned on final platting, 2) that landscape plans and schedule be provided, and 3) that the set-back vari- ances be granted. these conditions: 1) developer's agreement be executed, 2) subdivision dedication fee be paid and 3) easements for utilities must be shown on the plat. Nr. Hughes stated Nr. Bob Nartinson, one of the proponents, was present to answer questions. In response to Councilman Courtney's question, Nr. Hughes stated density for the site would be less than 6 units per acre. There being no further discussion, Councilman Bredesen offered Ordinance No. 811-A140 for second reading and moved its adoption: Staff has recommended final zoning approval Staff would also recommend preliminary plat approval with I ORDINANCE NO. 811-A140 AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 811 BY A?IDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE CITY COuh7CIL OF EDINA, MINNESOTA, ORDAINS: Section 1. enlarged by adding the following thereto: "The extent of the Planned Residential District (Sub-District PRD-3) is enlarged by adding the following thereto: That part of the South 577 feet of the West 180 feet of the East 60 rods of the Southeast Quarter of the Southwest Quarter lying North of the State Highway, which is in Sub-District PRD-3". Sec. 2. age and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Ordinance adopted. Paragraph 4 of Section 4 of Ordinance No. 811 of the City is This ordinance shall be in full force and effect upon its pass- I ATTEST : 3&%- LLJL Acting City Clerk Councilman Bredesen then offered the following resolution granting preliminary plat approval to Hansen and Martinson and moved its adoption: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO HANSEN AND MARTINSON BE IT RESOLVED by the Edina City Council that that certain plat known as Hansen md Martinson, platted by Harvey Hansen and Robert Martinson, and presented for preliminary plat approval at the Edina City Council Meeting of November 17, 1980, be and is hereby granted preliminary plat approval, subject to the following conditions: 1) execution of a developer's agreement, 2) subdivision dedication fee be paid, and 3) utility easements must be shown on the plat. Notion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None , Resdution adopted. AI, JOHNSON CONSTRUCTION COMPANY ZONING REQUEST GRANTED FIRST READIiG. of Notice were presented by Acting Clerk, approved as to form and ordered placed Affidavits on file. Mr. Hughes presented the zoning request of A1 Johnson Construction Company for rezoning of the one and one-fourth acre parcel generally located south of W. 76th Street and east of York Avenue from R-1 Residential District to 0-1 Office District. He advised that the proponents have submitted preliminary plans for an office building on this site that would contain approximately 20,000 square feet of floor area, and access would be by way of a single curb cut on West 76th Street. He further stated that staff has reviewed these pzans and zoning ordinance requirements have been met for the proposed floor area and parking provisions, with the one to the south, was originally designated as suitable for development of low and moderate income housing. However, rezoning to Office District of the property surrounding the subject site has, in staff's opinion, made the develop- ment of housing at this location impractical and the only logical ilse is an office use. Staff feels the plans submitted are excellent plans and.wel1 suited for the site and would recommend granting first reading of the zoning ordinance I Mr. Hughes reminded Council that this parcel, along .L 11 .L I I LIU to 0-1 Office District conditioned on final platting of the property and a coinmitnicnt by the proponents to Council to develop the property according to the plans submitted. Mr. Jack Lynch of BRW and Mr. David Bennett of Pfeyers and Bennett Architects, were present to represent the proponents. Mr. Lynch advised that the building will be the corporate headquesters for the A1 Johnson Construct- ion Company, n heavy construction company involved in the construction of concrete darns and bridges throughout the nation. Mr. Bennett explained the plans for a two story signature building elevated one story above the ground with a central atrium and with covered visitor parking under the building, the long axis of which would orient north-south. Mr. Bennett stated that the property owner is very enthusiastic about this design and is satisfied with estimated cost figures. However, Mr. Bennett said he could not make the commitment on behalf of the property owner to this specific building plan. Councilman Richards raised the question of the 35 foot strip of land between the subject property and York Avenue, presently part of Klodt's First Addition, and indicated that a land trade or purchase between owners would result in a more logical utilization of that strip. Mr. Bennett indicated this land strip was being discussed by Mr, Klodt and the A1 Johnson Construction Company, but that the building plans were not dependent upon the acquisition of any addit- ional land. In response to Councilman Courtney's question of a second curb cut to the subject property, Mr. Hughes stated that a second driveway would be too close to the 76th and York intersection and would interfere with traffic turning patterns, Mr. Ray Johnson, 7500 York Avenue, expressed concern for additional traffic the office building might generate and stated the residents at 7500 York would hope the proposed building would be equal in quality to the building to the south. There being no further discussion, Councilman Richards offered the following Ordinance for first reading on the condition that before final zoning is granted the property owner will commit in writing to the office building plan here presented and work out a resolution of the 35 foot land strip located between subject property and York Avenue: 217 In response to question of Councilman Richards, ORDINANCE NO. 811-A142 AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 811 BY ADDING TO THE OFFICE DISTRICT (0-1) THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: amended by adding the following thereto: addition of the following described property: Section 1. Paragraph 1 of Section 8 or Ordinance No. 811 of the City is "The extent of the Office District (Sub-District 0-1) is enlarged by the The north 330.00 feet of the east 188.00 feet of the west 500.50 feet of the east 859.375 feet of the Southeast Quarter of the Southwest Quarter, of Section 32, Township 28, Range 24, Hennepin County, Minnesota. Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. LIONS GATE 1ST ADDITION GRANTED FINAL REZONING ARD PRELIMINARY PLAT APPROVAL. Mr. Hughes presented Lions Gate 1st Addltion for final rezoning from R-1 Resi- dential District to PRD-3 Planned Residential District and preliminary plat approval, noting this property is generally located west of Cahill Road and north of West 78th Street. He advised that the approximate 1.5 acres of residual property from the condemnation for Delanep Boulevard and the adjoining 6.1 acres will be developed by Rraemar Associates and they have now presented final development plans which include grading, utility, unit and landscape plans and elevation drawings. The plans are for 89 condominium units located in eight buildings ihich represent an overall density of about 8.5 units per acre; two enclosed parking spaces and .5 exposed parking spaces per unit are provided. Staff believes the proponents have prepared an excellent development concept for the site. Variances will be required for some exposed parking areas located in the setback of Delaney Boulevard but the concerns expressed by staff to the Community Development and Planning Commission regarding setback variances, curb cuts, landscape plans and schedule have been allayed by plan modifications and staff would now recommend final. zoning and prelimtnary plat approval conditioned on final platting and acceptance of a Sale Agreement for the 1.5 acre parcel. Mr. Hughes recalled that this matter had been continued from the November 3, 1980, meeting in order for the City Attorney to finalize the terms and language of the Sales Agreement covering the west 1.5 acres of the subject property owned by the City which the developer proposes to purchase from the City. Ericlcson informed Council that the Sales Agreement has been finalized and there is essential agreement with the developer on terms of the sale, except for a definition of prc-sale of units. Mr. Jack Barron, of Braemar Associates, suggested that this be worked out between their lawyer, Mr. Thiele and the City Attorney, with the Council's approval. Mayor Van Valkenburg directed Councilman Richards to work with Mr. Erickson to prepare a final draft of the City Attorney IS/ 17 / 80 Sales Agreement for Council approval before the Agreement is signed. man Courtney then offered Ordinance No. 811-Al32 for second reading and moved its adoption on the condition that the language of the Sales Agreement be nego- tiated with the developer and the Agreement be executed before publication of the Ordinance, as follows : Council- ORDINANCE NO. 811-A132 AN ORDIIN&'CE MENDING THE ZONIWG ORDIMANCE NO. 811 BY ADDING TO THE PT.,A"ED RESIDENTIAL DISTRICT (PRD-3) THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. enlarged by adding the following thereto : "The extent of the Planned Residential District (Sub-District PRD-3) is enlarged by the addition of the following property: That part of Outlot 1, HEATH GLEN, according to the recorded plat thereof, Hennepin County, Ninnesota, lying Easterly of a line drawn 30 feet Easterly of and parallel with the following described line: Commencing at the intersection of the southerly extension of the centerline of Glasgow Drive as dedicated in said plat of HEATH GLEN, and the centerline of West 78th Street (Old State Highway No. 5); thence northeasterly along the centerline of West 78th Street a distance of 250.9 feet to a point of curve to the right; thence northeasterly along the tangent line of said curve, a distance of 6.32 feet to the point of beginning of the line to be described; thence northwesterly, deflecting to the left 90 degrees, a distance of 210.43 feet to a point of curve to the right with a radius of 238.23 feet and a central angle of 67°41'30"; thence along said curve 281.46 feet to a point of reverse curve; thence along a 250 foot radius curve; concave to the West, to the North line of said Outlot 1 and there terminating, and That part of the Southwest Quarter of the Southeast Quarter of Section 8, Township 116, Range 22, Hennepin County, Minnesota described as beginning at the intersection of the west line of the East Half of said Southwest Quarter of the Southeast Quarter of Section 8 with the south line of the north 20 rods (330 feet) of said Southwest Quarter of the Southeast Quarter of Section 8; thence westerly, along said south line of the north 20 rods (330 feet) of the Southwest Quarter of the Southeast Quarter of Section 8, a distance of 0.89 feet, more or less, to the east line of the west 40 rods (660 feet) of said Southwest Quarter of Southeast Quarter of Section 8; thence southerly, along -: said east line of the west 40 rods (660 feet) of the Southwest Quarter of the Southeast Quarter of Section 8, a distance of 516.68 feet, more or less, to the northerly right-of-way of West 78th Street, thence easterly along said * northerly right-of-way of West 78th Street, a distance of 0.91 feet, more or less, to said west line of the East Half of the Southwest Quarter of the Southeast Quarter of Section 8; thence northerly, along said west line of the East Half of the Southwest Quarter of the Southeast Quarter of Section 8 to the point of beginning, and All that part of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 8, Township 115, Range 21, lying south of the North 20 rods. thereof, westerly of the following described Tract A, northerly of the- following described Tract B. Tract A - a strip of land over and across the Southwest 1/4 of the Southeast 1/4 of said Section 8, said strip being all that part of said Southwest 1/4 of the Southeast 1/4 which lies within a distance of 33 feet on each side of the following described centerline: From a point on the centerline of main tract of the Ninneapolis, Northfield and Southern Railway, distant190 feet Northeasterly from the South line of said Section 8; thence running in a Northwesterly direction at an angle of GO degrees 44 minutes with said center- line of the main tract for a distance of 485 feet to the point of beginning of the centerline being described; thence deflect to the right in a North- easterly direction at an angle of 65 degrees, 40 minutes for a distance of 800 feet, more or less, to the centerline of Old Township Road along the east line of said Southwest 1/4 of the Southeast 1/4 and there terminating. Tract B - A strip of land over and across the Southwest 1/4 of the Southeast l/4 of Section 8, Township 116, Range 21, such strip being all that part of the above-described tract which lies within a distance of 40 feet on each side of the following described centerline; Beginning at a point on the West boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 8, distant 14.5 feet North of the Southwest corner thereof; thence running in a Northeasterly direction at an angle of 88degrees, 27 minutes, with said West boundary for a distance of 796.9 feet; thence deflect to the left on a 4 degree, 00 minutes curve, with a delta angle of 25 degrees, 47 minutes for a distance of 644.6 feet; thence on a tangent to said curve for a dis- tance of 558.2 feet; thence deflect to the right on a 7 degree, 30 minute curve, with a radius of 764.5 feet for a distance of 765 feet and there t ennina t ing . Paragraph 4 of Section 5 or Ordinance No. 811 of the City is I I k - l . I 11/17/80 219 SCC. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Bredesen, Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt , Van Vallcenburg Nays: None Ordinance adopted. ' ATTEST: LLbL- Acting City Clerk Councilman Courtney then offered the following resolution and moved its adoption: XESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO LIONS GATE 1ST ADDITION BE IT RESOLVED by the Edina City Council that that certain plat known as Lions Gate 1st Addition, platted by Braemar Associates, Inc., and presented at the Regular Meeting of the Edina City Council is hereby granted preliminary plat approval subject to final platting and an executed Sales Agreement. Motion for adoption of the resolution vas seconded by Councilman Bredesen. Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. cu 0 ffl 1-9 e 5 MOBIL OIL COMPANY APPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS DECISION HEARING DATE SET. As recommended by Mr. Hughes, Councilman Richards' motion was seconded by Councilwoman Schmidt, setting December 1, 1980, as hearing date for an appeal from a Board of Appeals and Adjustments decision with regard to variances required to permit opening of a fourth service bay on property located at 5354 France Avenue South. (Part of Lot 18, Block 1, South Harriet Second Addition.) Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. YORK CONDO HOTEOUNERS ASSOCIATION TEMPORARY VARIANCE UPHELD UPON APPEAL; 6 PfONTH PERIOD STIPULATED. approved znd ordered placed on file. of Appeals and Adjustments on October 23, 1980, had granted approval of a temporary one year 26-stall parking variance, subject to various conditions. stated that the variance related to provision of onsite parking for 7200 York Avenue, the "Existing Building", one of four buildings in the complex. Mr. Hughes recalled that when the condominium building to the west of the Existing Building was under consideration, certain height and parking variances were required, and when this was heard by the Board of Appeals in 1979, some of the residents of the Existing Building had appeared to request additional surface parking stalls be constructed around the Existing Building as a condition to granting the variances for the westerly building. The Board of Appeals granted the variances for the westerly building on the condition that the developer would be required to con- struct 50 additional surface parking stalls o would be located along the driveway on the Building. Mr. Hughes advised that the developer had entered into an Agreement with the City, that was placed of record, obligating the developer to construct the 50 parking stalls prior to September 1, 1979; that 24 spaces were constructed on the west side of the buildi at the developer has not constructed the 26 spaces to be located on the default of the Agreement. Fol ault, certain members of the homeowners association of the the Existing Building met with the Planning staff and advised that the majority of the members of the association did not want to see the re- maining 26 parking stalls constructed. StafE's response was that the developer was obligated to construct those stalls and if he were to be released from the obligation a new variance would have to be granted. The majority of members of the homeowners association of the Existing Building thereup petitioned the Eoard of Appeals to release the developer from the obligation. that was heard by the Board at its October 2, 1980, meeting and at which the temporary variance was granted for a period of one year, subject to various conditions, one being that the developer would transfer $20,000 to the home- owners association to be placed in a reserve account to be maintained specifi- cally for construction of additional parking should it be needed or be required by the City in the future. Following the.granting of the tenporary one year 26-stall parking variance, the appeal now before Council was received from a Affidavits of Notice were presented by Acting Clerk, Mr. Hughes advised Council that the Board He th_e Existing Building, 26 of which portion of the Existing portion of the building and is now in This is the request , inority of members of the homeowners association who requested that the 26 arking stalls be constructed now according to the Agreement between the developer and the City. In rcspoiise to question of Councilman Richards, Nr. Hoffman stated that construction estimates now in use allow $300 to $600 per surface parking space, but that estimate does not include provision for lighting, landscaping, etc. Councilman Bredesen asked if a penalty would be imposed on the developer for default of the Agreement. bir. Hughes responded that a remedy, rather than a penalty, would be to withhold issuance of a Certificate of Occupancy for the newly constructed westerly building, which is being withheld by the City at the present time. bhyor Pan Valkenburg asked about vacancies and was informed that * there are 11 vacant units in the Existing Building that when occupied would add to the parking needs. Mr. Gregory Rothnem, attorney representing the York Condo Honeowners Association, informed Council that at a special Association meeting held June 19, 1980, a unanimous vote had been cast with two abstentions, to peti- tion the Board of Appeals for the 26-stall one year parking variance, with the condition that the developer deposit with the Association a sufficient amount oE funds to currently construct the 26 stalls if the need is perceived after a one year period. Mr. Rothnem stated that the majority of members of the Association felt there was no real shortage of parking; that if a shortage did develop in the future the funds on deposit would provide for construction of the 26 stalls, and that there was concern about traffic safety if the stalls were constructed because of the tight curve and inclined grade in that area. Residents or owners of units in the Existing Building appearing and speaking against the construct- ion now of the parking stalls were: Betty Wallentine, Joan Rush, Rallace Knut- son, Bill Rickoff, Ralph Lederman, Loren Law, Cliff Carlson, George Thomas and Clayton Brown. of the 26 parking stalls were: Emmett Burke, Leslie Desnick, Janet and Maurice Halpern. Council from these residents: Lawrence Everett, Norman Goldberg, Lucy Harks, Miriam Luck and Eldred Arp, After further discussion, Councilman Courtney moved that Council uphold the decision of the Board of Appeals and Adjustments to approve the temporary one year 26-stall parking variance subject to the conditions as required by the Board. Councilman Richards then commented that experience has shown that the additional parking will be needed, and that he felt a shorter period of time would allow a realistic evaulation of parking needs; further, that the parking requirements as established by City ordinance should be met. concern about the traffic safety factor,and felt the homeowners should try to resolve that hazard before the variance matter is brought back for review after the temporary evaulation period. Councilman Richards then offered the motion that Council uphold the decision of the Board of Appeals and Adjustments to approve the temporary 26-stall parking variance for a 6 month period, subject to the following conditions: I Residents appearing and speaking in favor of construction now Written communication favoring construction now was also received by The motion failed for lack of a second. Councilwoman Schmidt expressed -I 1. 2. The three parking spaces are constructed east of the east garage entrance prior to November 23, 1980. A reserve account with $20,000 and accrued interest is maintained specifi- cally for construction of additional parking. provide proof of the 'reserve at the City's request. The City reserves the right to require construction of a maximum of 26 additional parking spaces at any cime in the future. The variance will be reconsidered by the Board of Appeals and Adjustments in six months for final disposition. The Agreement between the City and York Condo Inc., drafted pursuant to the conditions estdblished in variance No. B-79-1, is modified to release York Condo Inc., of responsibility to construct 26 parking spaces at 7200 York Avenue So. after the York Condo Homeowners Association has received and documented receipt of the $20,000 reserve fund established in condition No. 2 above. The form and efficacy of the variance and conditions is approved by the City Legal Counsel. York Condo homeowners. must 3. 4. 5. 6. I Motion was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays : Bredesen Motion carried. Councilman Bredesen stated he voted nay because a Planning principle is involved which has been upheld in the past. Councilman Richards left the meeting at this point. HEARING ON EASEMENT VACATION NORTH 60' LOT 19, EDINA INTERCHANGE CENTER CONTINUED TO DECEWER 15, 1980. As recommended by Nr. Rosland, motion of Councilwoman Schmidt was seconded by Councilman Rredesen, continuing the hearing on an ease- ment vacation for the North 60' Lot 19, Edina Interchange Center to December 15, - 1980, to allow proper publication of easement hearing. Ayes: Nays: None >lo tion carr-led . Bresescn, Courtney, Schmidt, Van Valkenburg 11/17/80 221 EASEMENT FOR ROAD PURPOSES FOR BIEREMAlI ASSOCIATES PROPISRJY , NORTHWEST CORNER OF W. 78TI-l I?ND CAHILL, VACATED. Affidavits of Notice were prescntcd by Acting Clerk, approvcd and ordered placed on file. Plr. Hoffman presented the petition of Braemar Associates for vacation oE an easement: for road purposes on properky generally located along the Northwest corner of W. 78th Street and Cahill Road, Mr. Rosland advised that the easement vacation is required for the development by Braemar Associates of this property which has been granted final rezoning and preliminary plat approval, and would recommend the easement be vacated subject to the execution of the Sales Agreement between Braemar Associates and the City for the west 1.5 acres of the subject property owned by the City which the developer proposes to purchase froin the City. Councilman Courtney offered the following resolution and moved its adoption, with the conditon that the resolution not be filed until the Sales Agreement between Braemar Associates and the City has been executed: -- RESOLUTION VACATING EASEPENT FOR ROAD PURPOSES ON PROPERTY GENERALLY LOCATED AT NORTHWEST CORNER OF W. 78TH AND CAHILL WHEREAS, a resolution of the City Council, adopted the 3rd day of November, 1980, fixed a date for a public hearing on a proposed vacation of easement for road purposes; and 'WiEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 17th day of November, 1980, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such ease.ment or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described easement be and is hereby vacated effective upon execution of the Sales Agreement between Braemar Associates and the City: A strip of land ever under and across the Southwest Quarter of the South- east Quarter of Section 8, Township 116, Range 21, Hennepin County, Minnesota, said strip being 7 feet in width contiguous with and adjoining the Westerly side of the following described Tract A, described as beginniog at the Northerly boundary of the following described Tract B and extending in a Northerly direction for a distance the centerline of said following described Tract A. Also together with that part of the Southwest Quarter of the Southeast Quarter of Section 8, Township 116, Range 21, Hennepin County, Minnesota, which lies between the west boundary of the last described 7 foot strip and the northerly boundzry of the following described Tract B and a line described as beginning at a point on the centerline of the following des- cribed Tract A drstant 145.00 feet northerly of the point of beginning of the centerline of said following described Tract A; thence southwesterly to a point on the northerly boundary of said following described Tract B, said point beginning 320 feet westerly from the east line of said Southwest Quarter of the Southeast Quarter as measured along the centerline of said following described Tract B, and said line there terminating. Tract A - A strip of land over and across the Southwest 1/4 of the Southeast 1/4 of said Section 8, said strip being all that part of said Southwest 1/4 of the Southeast 1/4 which lies within a distance of 33 feet on each side of the following described centerline: From a point on the centerline of main tract of the Hnneapolis, Northfield and Southern Railw3.y, distant 190 feet Northeasterly from the South line of said Section 8; thence running in a Northwesterly direction at an angle of 60 degrees, 44 minutes with said centerline of the main tract for a distance of 485 feet to the point of beginning of the centerliile being described; thence deflect to the right in a Northeasterly direction at an angle of 65 degrees, 40 minutes for a dis- tance of 800 feet, more or less, to the centerline of Old Township Road along the east line of said Southwest 1/4 of the Southeast 1/4 and there terminating. Tract B - A strip of land over and across the Southwest 1/4 of the Southeast 1/4 of Section 8, Township 116, Range 21, such strip being all that part of the above-described tract which lies within a distance of 40 feet on each side of the following described centerline: West boundary of the Southeast 1/4 of the Southwest 1/4 of said Section 8, distant 14.5 feet North of the Southwest corner thereof; thence running in a Northeasterly direction at an angle of 88 degrees 27 minutes, with said West boundary for a distance of 796.3 feet; thence deflect to the left on a of 210 feet, wher, measured along Beginning at a point on the 222 4 degree, 00 iiiinutes curve, with a delta angle of 25 degrees, 47 minutes for a distance of 644.6 fcet; thence on a tangent to said curve for a distance of 558.2 fcet; thence deflect to the riglit on a 7 degree; 30 min- ute curve, with a radius of 764.5 feet for a distance of 765 feet and there t erinina t ing . Tract C - A strip of land 10 feet in width lying immediately adjacent to it on the Northerly side of Tract B described as beginning at a distance of 890 feet Northerly from the West boundary of the said Southwest 1/4 of the Southeast 1/4 and extending in a Northeasterly direction for a distance of 200 feet (when measured along said centerline). and that the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, azld filed with the Register of' Deeds in accordance with Ninnesota Statutes, Section 412.851 after the above described condition has been met. Hotion for adoption of the resolution was seconded by Councilwoman Schmidt. I Rollcall : Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Resolution adopted. YEAR vrI CO~UNITY DEVELOPNENT BLOCK GRANT APPLICATION SUBMISSION APPROVED. AS recommended by Nr. Hughes, Councilman Bredesen offered the following resolution and moved its adoption: RESOLUTION AUTHORIZING SUB'MISSION OF THE CITY OF EDINA CONMUNITY DEVELOPNENT PROGRAH TO HENNEPIN COUNTY FOR CONSIDEMTION AS PART OF THE URBAN HENNEPIN COUNTY COtfi?ILNITY DEVELOPMENT BLOCK GRANT &PLICATION, OF 1974, AS &ENDED IN ACCORD WITH THE HOUSING AND ComrnITy DEVELOPMENT ACT TJHEREAS, the City of Edina has executed a Cooperation Agreement with Hennepin County agreeing to participate in the Urban Hennepin County Community Develop-. ment Block Grant Program; and MIERIIAS, the Community Development Program has been prepared consistent with the Comprehensive Urban Hennepin County Community Development strategy and the Community Development Program Regulations; and WHEREAS the Community Development Program has been subject to citizen review pur- suant to the Urban Hennepin County Citizen Participation Plan; NOW, THERE, BE IT RESOLVED that the City Council of the City of Edina approve the proposed Community Development Program and authorizes the execution of the appli- cation material and its transmittal to Hennepin County for consideration as part of the Year VI1 Urban Kennepin County Community Development Block Grant Applica- tion. Motion for adoption of the resolution was seconded by Councilman Courtney. I Rollcall : Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Resolution adopted. MILDRED NASTERS' CONCERN REGARDING TRAFFIC SAFETY AT LUNDS PARKING LOT DISCUSSED. Council's attention was directed to a letter from Mildred Hasters, 6200 Hansen Rd., asking Council's assistsnce in helping to develop a plan to make the heavily-used lot safer for pedestrians and vehicles. Mr. Rosland indicated that staff had been unable to reach Ms, Masters by telephone, but that she would be contacted . regarding this matter. No action was taken. ATJARn OF BID FOR GARBAGE HAULING IN MORNINGSIDE CONTINUED TO DECEMBER 1, 1980; . BID AWARDED FOR GAP;BAGE HAULING FOR CITY PROPERTIES. Mr. Rosland presented tabu- lation of bids received in response to Advertisement for Bids for garbage hauling in Horningside and for City properties. Bids submitted for Morningside were: Woodlake for one pick-up per week at $93.00 per year for 1981 and $105.00 per year €or 1982; Vierkant for two pick-ups per week at $108.00 per year for 1981 and $108.00 plus cost of living and fuel surcharge for 1982. He advised that only one bid had been submitted for City properties: Able at $5.46 per yard, $1.60 per receptacle for 1981 and $6.83 per yard, $2.00 per receptacle for 1982. Mr. Rosland further pointed out that the present rate for weekly garbage pick-up in Edina of private haulers ranges from $72.00 to $90.00 per year. Courtney indicated he had received some 5mput from Morningside residents but would recommend award of bid for garbage hauling for Plorningside be continued to December 1, 1980, to allow for publicity in the Edina Sun and additional input from residents, Xr. and Mrs. Rollie Thompson, 4545 Meadow Road, informed Council that the service they and the other two homes in their block have.been receiving from Vierkant has been very irregular and unsatisfactory and that they would be happy with dependable and regular once a week pickup. moved that award of bid for garbage hauling for Morningside be continued to Councilman Councilman Courtney December 1, 19S0, to allow for ad.ditona1 input from residents. Motion was 223 seconded by Councilwoman Schmidt. Ayes : Brcdesen, Courtney, Sclunidt, Van Vallcenburg Nays: None Motion carried. Councilwoman Schmidt then moved award of bid for garbage hauling for City prop- erties to Able Sanitation at $5.46 per yard, $1.60 per receptacle for 1981 only. Motion was seconded by Councilman Bredesen. Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Motion carried. AWARD OF BIDS FOR AMBULANCE, AERIAL PLATFORM AND FIREFIGHTING GEAR CONTINUED TO DECEMBER 1, 1980. As recommended by Mr. Rosland, award of bids for ambulance, aerial platform and firefighting gear was continued to December 1, 1980, by motion of Councilwoman Schmidt, seconded by Councilman Courtney. Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: Noire Motion carried. BID ATJARDED FOR LIQUOR STORE BROCHURES. Mr. Rosland presented tabulation of bids for liquor store brochures showing Metro Printing low bidder at $1,500.00 and Zip Printing at $1,726.00, Councilman Courtney's motion for award of bid for liquor store brochures to Metro Printing at $1,500.00 was seconded by Council- woman Schmidt. Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF NOVEMBER 12, 1980, REVIEWED. Mr. Hoffman advised that a request via petition from residents near Brookside Terrace to close the crossing of the MN & S Railroad at Brookside Terrace and a request to also install "STOP" signs at the crossing kiad been received. crossing had been closed temporarily for maintenance and it has now been determined that the Railroad intends to reopen it shortly. Residents were concerned about excessive speeds on Brookside Terrace and eliminating the crossing would make it: a deadend street which wouldhelp wolve the problem, Subsequently, a number of the residents of Brookside Terrace have advised Council by written statement that they are opposed to the closing of the c2ossing. Mr. Hoffman stated that the Traffic Safety Committee supports maintaining the subject crossing from the standpoint of providing two access points to the area for public safety vehicles. Mr. Truman Smith, 4429 Brookside Terrace and Mr. Lloyd Wertz, 4501 Brookside Terrace, spoke in support of leaving the crossing open and for installation of "STOP" signs at the crossing. $.IN & S Railroad at Bfookside Terrace and to refer the matter of the "STOP" sign He recalled that the Councilwoman Schmidt's motion to keep open the crossing of the back to the Traffic Safety Committee for recommendation man Courtney. Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Motion carried. was seconded by Council- Mr. Hoffman then advised that a request had been received from residents along Interlachen Boulevard to present suggestions for resolution of safety concerns in that area. These concerns included pedestrian safety, bike safety, speeding, accidents and overall traffic volumes. He advised that the Cokittee approved contacting the Hennepin County Department of Transportation to discuss the feasi- bility of installing "STOP" signs, improving sight distances and providing for a pedestrian walkway. Mr. Dan Berenberg, 5400 Interlachen Blvd., stated he had written the letter of request and that in speaking with many of the people who live along the boulevard they want the stop signs to reduce speeding and other solutions to improve safety, and they were looking for a strong statement of support fron the Council. Mrs. Shirley Felton, 5505 Interlachen Blvd., stated she together with 13 other residents present from the area were also backing the request for Council support in this matter. Councilman Courtney moved that Mr. Boffman together with representatives of the residents contact Hennepin County Department of Transportation and discuss the feasibility of installation of "STOP" signs, improvement of sight distances and provision of a pedestrian walkway for Interlachen Boulevard; report back to the Traffic Safety Committee for their recommendations to Council OR December 15, 1980, Motion was seconded by Councilman Bredesen. Ayes: Nays: None Motion camied. Bredcsen, Ccurtney, Schmidt, Van Valkenburg Councilman Courtney's motion was seconded by Councilman Bredesen, accepting Sec- tion B of the Traffic Safety Committee Minutes of November 12, 1980, and approving the Conlmittee's recommendation that I-) mid-block crosswalk be eliminated on West GGth Street east of Prance Ave. South and a crosswalk be established at France 2$-$enue at West 66th Street with appropriate striping; 2) that "STOP" signs be installed to control traffic on Brook Drive at the intersection 01 Galway Drive and McGuire Road; and 3) that "STOP" sign be iiistalled for westbound traffic on Maloney Avenue at Lincoln DrivejCounty Road 18 Frontage Road. Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Motion carried. ARCHIE BERG NOTICE OF CLAIM NOTED. Mr. Rosland advised Council of a Notice of Claim filed by Archie Berg against the city, and advised the matter has been referred to the City Attorney and to the insurance company. No action was taken. I FEES AND CHARGES FOR PARK ARD RECREATION, BUILDING AND HEALTH DEPARTIIENTS APPROVED. Mr. Rosland presented schedule of recommended 1981 fees and charges for the Park and Recreation Department which have been approved by the Park Board. He stated he concurred with the Board's recommendation with the exception of fees for the Art Center which were increased as of September 1, 1980, and recommended Art Center fees remain at those amounts. non-patron greens fees for Braemar Golf Course be eliminated. . Councilman Bredesen moved approval of Park and Recreation Department fees and charges for 1981 as recommended with the exception that there be no illcrease in the Art Center fees and that the non-resident, non-patron greens fees at Braemar Golf Course be elimi-' nated. Fiotion was seconded by Councilman Courtney. Further, Mr. Rosland recommended the non-resident, Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Motion carried. Mr, Rosland presented schedule of recommended 1981 fees for the Building Department including building permit fees, plumbing fees and heating and gas permit fees indicating an approximate 10% increase. recommended 1981 fees for buildiilg permits, plumbing fees, and heating and gas permit fees was seconded by Councilman Courtney. Councilwoman Schmidt's motion approving . Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Motion carried. Mr. Rosland advised that an overall increase of about 10% is recommended by the Health Department for 1981 fees for food establishments, vending machines and food vehicles. Councilman Bredesen's motion was seconded by Councilwoman Schmidt approving recommended 1981 license fees for food establishments, vending machines and food vehicles. Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Motion carried. GENERAL REVENUE SHARING EXPENDITURES FOR ENTITLEMENT I1 APPROVED. Affidavits of Notice were presented by Acting Clerk, approved and ordered placed on file. Mr. Rosland advised that a public hearing was conducted on November 10, 1980, as required by Statute, znd that no comments were received. motion was seconded by Councilwoman Schmidt authorizing the following General Revenue Sharing Expenditures for Entitlement I1 in 1981 as shown in relationship to the overall budget for the City: Councilman Courtney's Revenues - Source Amount Property Taxes $4,451,775 Sales Taxes 931,313 Service Charges/User Fees 1,006,100 ' Licenses and Permits 198,600 Fines and Penalties 196,000 Income from Other Governments 341,242 Federal General Revenue Sh'aring 225,000 $7,350,000 Activity Education Police Fire Roads/Transport /Public Works sewers / Sanit at ion Libraries ParksjRecreation Health/Hospitals Social Services/\!elfare General Administration Financial AdministratiodDebt Service Reserve for Contingencies To tal I Expenditures GRS Funds Other Funds Total -0- $125.000 $1,733,474 $1,858,474 .loo; 000 1:027,890 2,116,546 87,480 952,126 195,388 35 , 451 593,248 323,427 60,000 $225,000 $7,125,030 1,127,890 2,116,546 87,480 -0- 952,126 195,388 35 , 451 593,248 . 323,427 60,000 - $7,350,030 Ayes : Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Eotion carried. 225 cu FIRE-LIFE SAFETY/EDTNA SCHOOLS REPORT AND SCHEDU1,E APPROVED. I4r. Rosland presented the report of the Ediiia Board of Education showing the recommended lif e-safety remodeling program and schedule for Edina Schools, advising that staff concurs with the report with the exception that -sprinkling is recommended for the cafeterias and gymnasiums in the elementary schools instead by the School Board. He stated this recommendation was based on the study prepared by the Edina Fire Department in January, 1980, in which three basic fire protection objectives were stressed: 1) prompt and safe exiting of students and staff, 2) optimum safety for firefighters during fire attack, and 3) property conservation. Fire and Building staff recommend sprinkling vs. smoke detectors to meet these objectives in a life-safety remodeling program for the Schools. Councilman Bre- desen commented that this is an unproven concept and questioned if the expense can be justified. Assistant Chief Paulfranz advised that on a square footage basis smoke detectors are more expensive than sprinklers; that the issue involved is not one of dollars but safety for firefighters. seconded by Councilman Courtney to approve the Board of Education report on life- safety remodeling and schedule for Edina Schools with the recommendation that sprinkling be installed in the cafeterias and gymnasiums in the elementary schools. of smoke detectors as proposed Councilwoman Schmidt's motion was Ayes: Courtney, Schmidt, Van Valkenburg Nays: Bredesen Motion carried. REQUEST FOR RE-HEARING REZONING OF LOT 2, BLOCK 2, WARDEN ACRES R-1 TO R-2 REFERRED TO COUNSEL. Mr. Rosland presente4the request of Evans R. Meineke for re-hearing of the application for rezoning of Lot 2, Block 2, Warden Acres from R-1 Residen- tial District to R-2 Multiple Residential District, advising that the rezoning had been denied at the October 20, 1980, Council meeting when the proponent had not appeared at the hearing. time of the meeting. City Attorney Erickson opinioned that City ordinance provides that Council could re-hear the rezoning request if there is a change of conditions or other new evidence affecting this land, and if so iylr. Meineke could re-apply for rezoning; but lacking change of conditions or new evidence, Council could not re-hear it for a period of one year. to Mr. $kineke that his attorney contact City Attorney Erickson to determine if there is a change of conditions or new evidence to allow Council to re-hear the rezoning application. Mr. Meineke contended that he misunderstood the Mayor Van Valkenburg suggested No formal action was taken. d: CAJ3L.E TV ORDINANCE HEARING DATE SET FOE DECEHBER 1, 1980. Mr. Rosland recommended December 1, 1980, as hearing date for first reading of the proposed Cable TIT Ordinance at which hearing Council will consider the recommendation of the South- west Suburban CATV Study Commission for a cable communication system for Edina and the cities of Eden Prairie, Hopkins, Minnetonka and Richfield, Minnesota. He advised that the following would also be considered: 1) The technical ability, financial condition, legal qualification and character of Minnesota CableSystems- Southwest; 2) The plans for construction and operating the system including the schedule for construction and development, and the existing policies of Minnesota CableSystems-Southwest; and 3) The application of Minnesota CableSystems-Southwest's proposal to existing Minnesota Law and the regulations of the State Cable Board and also the requirements of the invitation for applications and preliminary ordinance delivered to each applicant. to ground rules for the hearing, Mr. Rosland suggested each cable company be allowed a 15-minute presentation, with the two unsuccessful bidders being heard first and then the successful bidder, Minnesota CableSystems-Southwest. Council- man Courtney then offered the following resolution and moved its adoption: RES OLUT I ON BE IT RESOLVED by the Edina City Council that December 1, 1980, be set as the date for public hearing on proposed ordinance granting a franchise to Minnesota Cable- Systems-Southwest to operate and maintain a cable communication system in the City; and BE IT FURTHER RESOLVED that the following will also be considered: 1. The technical ability, financial condition, legal qualification and character 2. In response to question of Mayor Van Valkenburg as of Minnesota CableSystems-Southwest; The plans for construction and operating the system including the schedule for for construction and development, and the existing policies of Minnesota CableSystems-Southwest; and The application of Minnesota CableSystems-Southwest's proposal to existing Minnesota Law and the regulations of the State Cable Board and also the requirements of the invitation for applications and preliminary ordinance delivered to each applicant. 3. Eiotion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall.: .- hjres: Eredcsen, Courtney, Schmidt, Van Valkenburg Nays: None ' Resolution adopted. 11/17/80 22 f;,OODDALE SCIIOOL USE COPIIIITTEE SURVEY PUNDING APPROVED. Nr . Rosland advised that . the Wooddale School Use Commlittee is secking conunuiilty input by means of a survey of approximately 1,300 residents in the Uooddole area; that the School District will allocate $500 towards cost of the survey and the Committee is requesting the City to also provide $500. Nayor Van Valkenburg suggested the draft of the survey questionnaire be reviewed by the School Board and the City Council. Councilman Bredesen's motion was seconded by Councilman Courtney authorizing the expenditure of $500 for the Wooddale School Use Survey and requesting that the survey questionnaire be brought back to Council for approval. . Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Ho tion carried. I BIDS TO BE TAKEN FOR PUBLIC IlIPROVEEIENTS. As recommended by blr. Hoffman, Council- man Bredesen offered the following resolution and moved its adoption: RESOLUTION APPROVING PLAhTS AND SPECIFICATIONS DIRECTING ADVERTISENENT FOR BIDS CONTRACT #80-10 (ENG) SUB GRADE CORRECTION & STORM SEWER IMPROVENENT NO. ST.S. 165 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, PlINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. tin the following notice of bids for improvements: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 FOR PROPOSED IM?ROVE$lENTS AND The Clerk shall cause to be published in the Edina Sun and Construction Bulle- ADVERTISEMENT FOR BIDS CONTRACT #SO-10 (ENG) SUB GRADE CORRECTION & STORM SEWER IIPROVEMENT NO. ST.S. 165 BIDS CLOSE DECEMBER 12, 1980 I SEALED BIDS vi11 be received and opened in the City Council Chambers in the Edina City Hall, 4801 I?. 50th Street at 11:OO A.M., Friday, December 12, 1980 and the Edina City Council will meet at 7:OO P.M., Monday, December 15, 1980-to consider said bids for sub graded correction and storm sewer. approximate quantities of the major items: The following are 3,050 C/Y, Muck excavation 1,500 C/Y, Pitrun granular fill, F & I 592 L/F, 54" and 72'' R.C.P. storm sewer 164 Tons, Bituminous for street repair .Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. 4801W. 50th St., Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. $25.00 (by check). specifications with a bona fide bid. and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. Bids should be addressed to the City Engineer, City of Edina, Bids received by the City Engineer, either through the mail Plans and specifications are available for a deposit of Said deposit to be returned upon return of the plans and No bids will be considered unless sealed The City Council Florance B. Hallberg City Clerk Notion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg' Nays: None Resolution adopted. ART CENTER ADDITION BIDS TO BE RECONSIDERED. question as to the bids on the Art Center addition, Mr. Kojetin advised that the project is being re-bid, that the Park Board will review the bids on Dec- ember 9, 1980, and will bring the Board's recommendation to Council at the meeting of December 15, 1980. No action vas taken. In response to Mayor V.m ValkenburgIs 8TH ANNUAL PEOPLENAKING WORKSHOP TO BE HELD NOVEMBER 22, 1980. burg announced that the 8th Aanunl Peoplemaking Workshop, sponsored by the Edina Mayor Van Valken- 11 i .i7 so 227 Ikiincin Relations Conunission, is scheduled for Saturday, November 22, 1980, at Edina kcst High School, featuring keynote speaker Dr. Richard Hey. _I CIYS OF EDINA EWLOYEES CHRISTMAS PARTY TO BE DECEFIBER 19, 1980. burg reiiiinded Counc3.1 that the annual Edina Employees Christmas Party will be Mayor Van Valkcn- on December 19, 1980. PRELTNINARY CENSUS BUREAU COUNT FOR EDXNA RELEASED. figures received by Mail-O-Gran from the U. S . Census Bureau, thyor Van Valkenburg stated that the count for the City of Edina is 46,000, but that he questioned the According to preliminary accuracy of that figure. HEALTH INSURANCE BENEFIT FOR DEPENDENT COVERAGE INCREASED APPROVED. As recommended by Mr. Rosland, Councilwoman Schmidt's motion was seconded by Councilman Courtney approving for 1981 an additional $10.00 per employee for health insurance for those on Eamily coverage. No action was taken. Ayes: Nays: None Motion carried. ---_ Bredesen, Courtney, Schmidt, Van Valkenburg CLAIMS PAID, for payment of the following claims as per Pre-List: Revenue Sharing, $225,095.00; Park Fund, $27,082.91; Edina Art Center, $25,825.54; Park Construction, $47,758.11; Park Sinking, $303,995.50; Swimining Pool, $553.39; Golf Course, $315,990.49: Recreation Center, $61,901.18; Gun Range, $4,419.00; Water Fund, $116,650.88; Sewer Fund, $99,075.73; Liquor Fur,d, $607,504.66; Con- struction Fund, $210,112.33; PIR Fund, $7,267.68; IBR Fund, $567,923.30; IBR Fund #2, $4,350.15; Total, $3,084,321.81; and for confirmation of payment of the follow- ing claims: General Fund, $41,322.12; Park Fund, $154.00; Art Center, $48.47; Swimming Fool, $13.66; Golf Course, $2,530.62; Recreation, $167.11; Gun Range, $105.97; Water Fund, $1,163.85; Liquor Fund, $190,774.72; Total, $236,280.52. Motion of Councilman Bredesen was seconded by Councilwoman Schmidt General Fund, $458,806.06; __ Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg .- Nays: None '. -_ Motion carried. ._ No further business appearing, the Mayor declared the meeting adjourned. Adjourn- ment at 11:lO p.m. _- I..- - Acting City Clerk