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HomeMy WebLinkAbout19801201_regular228 NINUTES OF THE REGULAR bBII.:ETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEEIBER 1, 1980 Answering rollcall were members Bredesen, Courtney, Richards , Schmidt and Mayor Van Valkenburg . EDINANITE BALL RESOLUTION OF APPRECIATION ADOPTED. the following Resolution of Appreciation for the EDINMUTE Ball, which resolu- tion was unanimously adopted: WHEREAS, the Edina Foundation was created to provide a method for people to make bequests and donations for the purpose of funding community supported projects that may not be tax supported; and WHEREAS, The Edina Foundation, in order to obtain funds, decided to establish an annual community event, The Edina Foundation Ball; and WHEREAS, Kay and Ron BacIi, together with Natalie and Arthur Rudin, residents of the City of Edina, established and coordinated a committee, The Edina Foundation Ball Committee, to accomplish the EDINAMLTE Ball; and WEIEREAS, the work of the Bachs and the Rudins, coupled with the work of The Edina Foundation Ball Committee, led to a decidedly successfulBal1 providing nearly $14,000 for the Edina Foundation; and, WqEREAS, The Edina Foundation Ball is certainly established as an ongoing com- munity event and generator of funds for The Eidna Foundation; NOTJ, THEREFORE, BE IT RESOLYED BY THE EDINA CITY COUNCIL that the appreciation of the residents of the City of Edina as expressed by their City Council is hereby conferred upon the EDIHANITE Ball Committee and special appreciation to KAY and RON-BACH and NATALIE and ARTHUR RUDIN for their special leadership that insured The Edina Foundation Ball's success. Phyor Van Valkenburg read RESOLUTION OF APPRECIATION STORM SEWER IMPROVEBENT NO. ST.S-165 APPROVED ON 100% PETITION. Mr. Hoffman recalled that Storm Sewer Improvement Xo. ST.S-165 had been continued from the meeting of November 17, 1980, so that estimated cost of the project could be obtained. He recalled also that Ryan Corporation and Edina Place, Inc., have submitted a 100% petition for installation of a trunk storm sewer line through their properties. He explained that this involves an area of 1,034,793 square feet and that Ryan Corporation has requested that the improvement be assessed an initial 5C per square foot to be levied against property known as One Corporate Csnter - Phases Three and Five, with the remaining balance to be assessed over the entire area of this project. Total estimated cost of the project was given at $136,085.34. be 15.8412: per square foot, with the remaining properties to be assessed at 10.841~ per square foot over a ten year assessment. presenting Ryan Corporation, was in attendance and acknowledged the fact that the cost given by Mr. Hoffman was only an estimate. Councilman Courtney offered the following resolution and moved its adoption: The estimate for One Corporate Center Phase Three and Five would Mr. Alan W. Schackman, re- No objections being heard, RESOLUTION ORDERING STORM SEVER IPPROVENENT NO. ST.S-165 UPON PETITION THEREFOR BS'IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: I. It is hereby found and determined that a petition has been filed requesting the Council to construct a Storm Sewer improvement in One Corporate Center Phase Three and One Corporate Center Phase Five and that the Developers now QWII all= - - property which will abutt and be assessed for the improvement and that said peti- tion has been signed by the developers. 2. The making of said improvement in accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). be referred to in all subseq'uent proceedings as STORM SE[JER IBE'ROVEMENT NO. ST.S- 165. The entire cost of said improvement is hereby ordered to be assessed . against the properties in One Corporate Center Phase Three and One Corporate Center Phase Five where said improvement is to be located. Xotion for adoption of the resolution was seconded by Councilman Richards. ' Said improvement isehereby designated and shall I fill call : Nays: None Resolution adopted. * Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg ORDINANCE NO. 811-A142 SECOND READING CONTINUED TO DECEMBER 15, 1980. Mr. Hughes recalled that First Xeading or Ordinance No. 811-A142 had been granted on Nov- ember 11, 1980, o~ the condition that,before Second Reading, Al Johnson Con- struction Company wouid commit in writing to the building plan as approved by the Communiry Development and Planning Commission and work out a resolution of the 35 foot strip of land located between the subject property and York Avenue. He referred to a letter received from the proponent stating that "It is the in- . 229 cu 0 a a tention of the N. Johnson Construction Co. to construct on the property we pur- chased at 76th and Yorlc Ave. the building as designed and submitted to you by Bather, Ringrose, Wolsfeld, Jarvis, Gardner, Inc." The letter also stated that if neither the land configuration or the economic feasibility of using the build- ing plans did not present any difficulty, the construction would "go ahead as planned". Mr. Jack Lynch and David Bennett were present from Bather, Ringrose Wolsfeld et al. In response to P question of the Mayor, Mr. Erickson said that the requested 0-1 zoning allows the construction of any building which would f5t within the perameters of the ordinance and that he believed that the requirements stipulated at First Reading would be difficult to enforce and unusual for the City to impose. Mr. Bennett said that the unresolved issues would make any definite commitment unrealistic at this time. He assured the Council that, even though the original plan might not be built, the quality of any other design would be equal to that originally proposed. He emphasized that the acquisition of the land is conti.ngent on the zoning. Councilman Richards raised the question of what would happen should the zoning be granted and Al Johnson Co. decide to sell the land' before the building is constructed. As recommended by the Mayor, Councilman Courtney's motion was seconded by Councilwoman Schmidt, that the matter be con- tinued to the next meeting so that officials of Al Johnson Construction Company can make a personal commitment to the Council. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. LOT 20,'-BLOCR 1, OSCAX ROBERTS 1ST ADDITION DIVISION APPROVED. As recommended by Nr . Hughes , Councilman Courtney offered ' the following resolution dividing Lot 20, Block 1, Oscar Roberts First Addition along the party wall, and moved its adoption: WHEREAS, the following described property is at present a single tract of land: Lot 20, Block 1, Oscar Roberts 1st Addition; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : RESOLUTION That part of Lot 20, Block 1, Oscar Roberts First Addition, according to the recorded plat thereof , Hennepin County, Minnesota, lying Northerly of a line described as follows: Beginning at a pgint on the West line of :: said loc distant 35 feet: South of the Northwest: comer thereof; thence Southeasterly to an intersection with a line drawn parallel with and 49.1 feet South of (as measured at right angles) to the North line of said lot, the point of intersection lying 51.0 feet East of the West line of said lot (as measured at right angles thereto); thence East parallel with the North line of said lot a distance of 71.00 feet; thence Southeasterly to- the midpoint of the East line of said lot and there terminating; and That part of Lot 20, Block 1, Oscar Roberts First Addition, according to rhe recorded plat thereof, Hennepin County, Minnesota, lying Southerly of a line described as follows: Beginning at a point on the West line of said lot distant 35 feet South of the Northwest corner thereof; thence Southeasterly to an intersection with a line drawn parallel with and 49.1 feet South of (as measured at right angles) the North line of said lot, the point of intersection lying 51.0 feet East of the West line of said lot (as measured at right angles thereto); thence East parallel with the North line of said lot a distance of 71.00 feet; thence Southeasterly to the midpoint on the East line of said lot and there terminating, according to the plat thereof or of record in the office of the Registrar of Titles in and for said Cpunty; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as sep- arate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as sep- arate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 811 and 801 are hereby waived to allow said division and convey- ance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 811 and subject to the limitations set out in Ordinance No. 811 and said Ordinances are not waived for any other purpose or as to any other provisions thereof , and further subject , however , to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. 12/ 1/80 230 Rollcall : Ayes : Nays: None Resolution adopted. Bredesen, Courtney, Richards, Schmidt, Van Vallcenburg NOBIL OIL CORPORATION APPEAL FROM BOARD OF APFEALS AND ADJUSTNENTS DECISION CONTINUED TO JANUARY 19, 1981. Councilman Courtney's motion was seconded by Councilman Bredesen, continuing the appeal of Mobil Oil Corporation from the Board of Appeals and Adjustments decision relative to part of Lot 18, Block 1, South Harriet Park Second Addition (5354 France Ave. S.) until January 19, 1981. I Ayes: Nays: None Resolution adopted. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg KUHR'S ADDITION PRELIEIINARY PLAT AND ZONING CHANGE HEARING DATE SET. mended by Hr. Hughes, hearing date for preliminary plat and zoning change for Kuhr's Addition, generally located at the Northwest quadrant of Gleason Road and the Crosstown Highway was set for December 15, 1981. As recom- Ayes: Nays: None Motion carried. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg WOODDALE SCHOOL USE CObIEfLTTEE QUESTIONNAIRE DISCUSSED. Mr . Rosland presented the letter and questionnaire proposed to be sent to residents in the Nooddale School area asking their opinions as to future use of the school. the Committee who were present agreed to the changes recommended by Council. Citizens' Resource Center which would be leased to "educational agencies" such 8s ,Store Front/Youth Action, the ABC office, marriage counseling, counseling fcr unmarried mothers , Brownies, Girl Scouts, Campfire Girls , Cub Scouts , Boy Scouts, mental health, human development and energy, and suggested that volun- teers could be responsible for the management of the building and for schedul- ing the various activities. HISTORICAL ARCHITECTUML SURVEY OF COUNTRY CLUB DISTRICT CONTINUED TO NEXT EEETING. &. Foster Dunwiddie, Chairman of the Heritage Preservation Board, recalled that, about one year ago, the Heritage Preservation Board presented to Council a report of a survey conducted on all historic buildings in the City and that, as a result of the survey: the Heritage Preservation Board recommended that the entire Edina Country Club District be considered for a possible nomina- tion to the National Register of Historic Buildings. Mr. Dunwiddie called . Council's attention to the results of the survey and advised that Nrs. Lynn - Spaeth, president of the Minnesota Heritage Preservation Associates, Inc., is .*. prepared to submit the report, along Register, for su3mission to the State Historic Preservation Officer. Following a slide presentation and historic review of the Country Club area, Councilman PZchards' motion 17as seconded by Councilman Courtney , continuing tne matter to the next Council Meeting so that the implication of such designation could be further studied. Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. 3fembers of John Plotnicky, 5525 Kellogg Ave., recommended that the school be used as a No formal action was taken. I with a district nomination to the National MORNINGSIDE AREA GASAGE AND HOUSEHOLD REFUSE COLLECTION CONTRACT AWARDED. Mr . Rosland recalled that the contract award for collection of garbage and household refuse for the 3brningside area had been continued from November 17, 1980, and recalled that recommended low bidder was Vierkant Disposal at $108.00 for two pickups per week. Sunnyside Road, objecting to the service that Vierkant Disposal had given, but added that there had been fewer complaints about Mr. Vierkant's service than any of the previous contractors and said that he had received a number of calls recommending that the Vierkant bid be accepted. the need for two pickups per week when the rest of the City gets along with only one pickup and recommended that Morningside area residents contract privately for garbage and refuse collection. Following lenghty discussion, Counci-lman Court- neyrs motion accepting the bid of Vierkant Disposal for $108.00 annually for two pickups, with the understanding that residents be advised that this is the last year that the City will award a contract, was seconded by Councilwoman Schmidt. Mr. Rosland referred to a letter from Mr. Paul Cowdery, 4053 I Councilman Bredesen' questioned Ayes: Courtney, Schmidt, Van Valkenburg Nays : Bredesen, =chards Motion carried. 12/1/89 cu 0 CD 3 U a 231 FIRE DEPARTMENT AMBULANCE ANI1 AERIAL PLATFORH 13TDS AWARDED, Flr . Rosland recalled that in e3Ch of the past few years, the Council. Iins included in its Budget $90,000 for the Fire Department Capitol Equipment Fund. He explained that the request for purchase of a new ambulance and aerial platform is being presented in anticipation that these €unds will continue to be made avallabie and that, by 1983, when the ambulance and aerial platform are ready for delivery, the funds will be available (including the money from the sale of the old aerial ladder). Mr. Rosland pre- sented tabulation of five bids for a Paramedic ambulance showing Road Rescue, kit. , !iigh bidder at $48,255.00, Modular Ambulance Corp., at $45,737.65, Marion Body Works, IRC., at $43,371.00, Springfield Equipment Co. at $42,815.00 and Prestige Vehicles, Inc., at $37,753.72. He recommended award to the high bidder, Road Rescue, Inc., because he considered it a superior vehicle to the others. Mr. Rosland then presented tabulation of three bids for the aerial platform showing Sutphen Corporation low bidder at $304,865.00, Pierce Manufacturing, Inc., at $313,494.00 and Fire Safety Products at $323,531.00, and recommended award to low bidder, Siitphen Corporation. Councilman Richards expressed concern that the City should be paying $48,255 for a new ambulance when the service is being dup- licated by Hennepin County. handle an emergency faster and more efficiently. the City holds the best record of all municipalities in Hennepin County for its emergency service and that if this should be turned over to the County, the City would be degrading its service level. Discussion ensued as to whether the City is paying more than its share for various Hennepin County services. Following lengthy discussion, Councilman Courtney's motion was seconded by Councilwoman Schmidt for award of bid for the ambulance to Road Rescue, Inc., at $48,255.00. Councilman Courtney explained that the City could Chief Buresh explained that Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays : Richards MD tion carried. Councilman Courtney then moved that bid for the aerial platform be awarded to recommended low bidder, Sutphen Corporation, at $304,865.00. Motion was sec- onded 5y Councilwoman Schmidt. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Mot ion carried . FIRE FIGHTZR TURN-OUT GEAR BID AWARDED. Mr. Rosland presented tabulation of bids for fire fighter turn-our gear showing Mid-Central Fire and Safety Co. low bi-dder at $11,143.00, Fire Safety, Inc., at $11,873.80 and Minnesota Fire, Inc., at $12,805.95. Mid-Central Fire and Safety Co., for. $11,143.00 was seconded by Councilman Court- ney *. Councilwoman Schmidt's motion for award to recommended low bidder Ayes : Bredesen, Courtney, Richards , Schmidt, Van Vallcenburg Nays: None Notion carried. SIGNAL CORPORAT'ION POLICE LIGHT/SOUND SYSTEMS BID AWARDED. E. Rosland presented tabulation of three bids received for four Federal Signal Corporation Police I,ight/Sound Systems showing Law Enforcenent Equipment-Company- low bidder at $907.50 each;. Uniforms Unlimited at $909.00 each and Fire Safety Corporation at $1,049.41 each. Law Enforcenent Equipment Company at $907.50 each, for a total of $3,630.00, was seconded by Councilman Bredesen. ' Councilman Richards' motion for award to recommonded low bidder, . Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. CONCORD WELL REDEVELOPMENT BID AWARDED. Mr. Rosland called Council's a,ttention to three bids received for redevelopment of the Concord Well (No. 4), jetting the well screen with high pressure water to clean and break deposits on the screen, and repair the shaft and pump as necessary before returning the well to opera- tion. Tabulation showed Layne Minnesota low bidder at $2,150, plus a jetting rate of $90.00 per hour, Bergerson-Caswell, Inc., at $2,800.00 plus a jetting rate of $95.00 per hour and Keys Well- Drilling Go. at $2,960.00, plus a jetting rate of $95.00 p2r hour. low bidder, Layne Minnesota Company, at $2,150.00 plus $94.00/hour jetting rate was seconded by Councilman Ccurtney. Councilwoman Schmidt's motion €or award to recommended Ayes : Bredesen, Courtney, Richards, Schmidt, Van Vallcenburg Nays: None Motion carried ICE MACHINE BID AWARDED. Mr. Rosland presented tabulation of two bids for an ice machine for the Vernon Avenue l4unicipal .Liquor Store showing Carbonic Machines 121 1/ so 232 at $3,068.00 and Scottsman Refrigeration at $3,720.00, neither price including installation. Carbonic Machines, Inc . , at $3 ,OGS .OU , was seconded by Councilman Ri'cliards . Councilman Brcdesen's motion for award to recommended' low bidder, Ayes : Bredesen , Courtney , Richards, Schmidt, Van Vallcenburg Nays: None Notion carried. BETROPOLITAN WASTE CONTROL COEDIISSION JOINT USE RENTAL AGREEMENT FOR 1981 APPROVED. As recommended by Elr . Rosland, Councilwoman Schmidt offered the fol- lowing resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that the Mayor and Manager *are hereby authorized and directed to enter into Joint Use Rental Agreement No. 146 with the Metropolitan Waste Control under the same terms and conditions contained in the Agreement which is currently in force. $rotion for adoption of the resolution was seconded by Councilman Courtney. RESOLUTION I Roll call : Ayes : Bredesen, Courtney, Richards , Schmidt , Van Valkenburg Nays: None Resolution adopted. LABORATORY SERVICES AGREEMEXT WITH HENNEPIN COUNTY APPROVED. As recommended by Ek. Rosland, Councilman Bredesen offered the following resolution and moved its adoption : BE IT RESOLVED by the Edina City Council that the Mayor and City Manager are hereby authorized and directed to enter into Agreement No. 10043 with the County of Hennepin, whereby the County agrees to make payments to the City of Edina for analytical and microbiological testing services. Hotion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. RESOLUTION JASON SEEL NOTICE OF POSSIBLE CLAIM NOTED. Council was advised of the receipt by the City Clerk of Notice of Possible Claim regarding an incident involving Jason Seel. The matter has been referred to the insurance company and to the City Attorney. No action vas taken. WINE LICENSE SURVEY TAKEN BY EDINA CHAMBER OF COMMERCE. Councilwoman Schmidt said that the Edina Chamber of Commerce took a survey of members at a meeting which she attended to determine whether members wanted Wine Licenses in the City, but that she did not know the outcome of the survey. No action was taken. HiJMliN RELATIONS COBMISSION MmTING ATTENDED. Councilman Richards said that he had attended a recent Human Relations Commission meeting and found it most inter- esting. No action was taken. RICHARD WYATT APPOINTED TO EDINA FOUNDATION BOARD. The Mayor advised that the Edina Foundation Board has recommended increasing its membership from seven to nine members. ing Mr. Richard Wyatt as a Council representative to the Board and granting auth- ority to the Nayor to make one other appointment as he sees fit, was seconded by Coancilman Courtney. As recommended by the Mayor, Councilwoman Schmidt's motion appoint- Ayes : Bredesen, Courtney, Richards, Schmidt , Van Valkenburg Nays: None Motion carried. MAYOR VAhT VALKENBURG AND DAVID VELDE APPOINTED TO HAZARDOUS WASTE COHl4ITTEE. Being advised by Nr. Rosland that Edina received a letter stating that, while it does not meet the guidelines, Edina is being considered as a "possible" haz- ardous waste disposal site. Councilman Richards' motion appointing Hayor Van Valkenburg and Mr. David Velde as Edina's representatives on the Committee, was seconded by Councilmsn Courtney. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None 3io tion carried. SEIJER SZRVICE AREA ADVISORY BOARD REPRESENTATIVE NAMED. Rosland, Councilman Richards ' motion was seconded by Councilwoman Schmidt, appointing Mr. Dalen as Edina's representative to the Sewer Service Area Advis- ory Board which has been formed to advise and review the activities of the Net? ropolitan Sewer Board. As recommended by Nr. 121 1/80 .* Ayes : Bredesen, Courtney; Richards , Schnddt , Van Vallcenburg Nays: None Mo ticn carried. 233 CABLE TV ORDINANCE HEARING DATES SET. the City Attorney , Councilman Bredesen' s motion was seconded by Councilwoman Schmidt, cancelling the Cable TV Ordinance Hearing for tonight's meeting and setting December 15, 1980 for First Reading of the Cable TV Ordinance, with Second Reading to be held at the special year-end meeting of the Council to be held on December 29, 1980, at 4:OO p.m. As recommended by the City Flanager and Ayes: Bredesen, Courtney, Schmidt, Van Valkenburg Nays: None Abstaining : Richards Motion carried. 1980 SHADE TREE BUDGET RESOLUTIOX ADOPTED. Councilman Courtney offered the following resolution and moved its .adoption: BE IT RESOLVED that the following shade tree program budget for sanitation and replanting of trees for the calendar 1980 is hereby approved and that the City share of said budget is available in the General Fund: As recommended by Mr. Rosland, RESOLUTION SANITATION REFORESTATION -- cu 0 0 -3 Personnel $ 76,250 $ 8,250 Equipment Use 9 , 780 00 Outside Contracts 7;500 00 Miscellaneous 52 , 600 5 , 000 ,a 146 13@ 13 , 250 d: BE IT FURTHER RESOLVED that t:e dyor and City Manager are isereby authorized to execute and submit the 1980 Shade Tree Program application to the Minnesota Department of Agriculture. . Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. LIQUOR FUND as of October 31, 1980, was presented by MI-. Dalen, reviewed and ordered placed on file by motion of CouncilwomaIz Schmidt, seconded by Councilman I Bredesen. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. CLAIMS PAID. Motion of Coucilman Bredesen was seconded by Councilman Richards for payment of the following Claims as per Pre-List: Park Fund, $4,983.48; Art Center, $1,165.30; Park Construction, $924.80; Swimming Pool, $48.18; Golf Course, $3,166.47; Recreation Center, $1,646.59; Gun Range, $12.0;; Water Fund, $4,864.54; Sewer Fund, $492.43; Liquor Fund, $8,386.61; Con- struction Fund, $4,389.50; IBR Fund #2, $324.00; Total, $126,478.81; and for confirmation of payment of the following Claims : General Fund, $63 , 638.32 ; Park Fund, $4.47; Art Center, $29.65; Swimming Pool, $6.35; Golf Course, $1,183.88; Recreation Center, $812.70; Gun Range, $44.58; Water Fund, $553.82; Liquor Fund, $327,960.57; IBR Fund, $5,611.73; Total, $399,846.07. General Fund, $96,074.90; Ayes : Brerlesen, Courtney, Richards , Schmidt, Van Valkenburg Nays: None Motion carcied . No further business appearing, Councilwoman Schmidt's motion for adjournment was seconded by Councilman Courtney and unanimously carried. Adjournment at 9:15 City Clerk