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HomeMy WebLinkAbout19810406_regular.. MINUTES OF REGULAR COUNCIL MEETING APRIL 6, 1981 Answering rollcall were members Bredesen, Richards, Schmidt., Turner and Mayor 82 I. . 1 OF EDINA CITY COUNCIL HELD AT CITY HALL ~ + Courtney . 1 PilNUTES of Narch 16, 1981, were approved as submitted by motion of Councilwoman Schinidt , seconded by Councilman Bredesen. .- Ayes: Nays: None .. Mot ion carried. Bredesen, Richards, Schmidt, Turner, Courtney- I ,- EDINA WEST GIRLS' BASKETBALL TEAM COMMENDED. Councilwoman Turner offered the following resolution and moved its adoption: RESOLUTION OF COMtBNDATION TO EDINA-WEST GIRLS ' BASKETBALL TEMf WHEREAS. the Edina-West Girls Basketball Team -placed second in the Lake Confer- ence Girls' Basketball Tournament and won first place in the Region Six Tournament, compiling a record of 18 wins and 3 losses prior'to the State Tournament; and WHEREAS , the Edina-Vest Girls ' Basketball Team, under the able and dedicated leadership of Edina-West Coach Bill. Welch and Assistant Coaches Molli O'Boyle and Gordy Juliar, performed magnificently in the Minnesota Girs ' Basketball Tourna- ment; and WHEREAS, the Edina-West Girls Basketball Team exemplified the highest standards of good sportsmanship and athletic proficiency as representat5ves of the City of Edina; BOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,. on behalf of the citizenry as a whole, that all members of the Edina-Vest Girls' Basketball Team be pablicly commended for their outstanding accomplishments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to Lynn Anderson, >Essy Barbe, Carla Bishop, Jo Colleran, Jessie Domek, Kim Dulin, Carron Harris, Kathy Hurley, Liz Kelley, Karen Kolzow, Elise Kratchman, Mary Mc Donnell, Sherri Rodgers, Julie Schmiel and Kathy Wallace and to Student Yaager . Tiffy Boyd, to Head Coach Bill Welch, Assistant Coaches Molli O'Boyle and Gordy Juliar, Director of Athletics Sara Lykken and Principal James Cabalka. Motion for adoption of the resolution was seconded by Councilman Bredesen agd unanimously carried. ' . STREET IMPROVEMENT NO. BA-247 AUTHORIZED. Mr. Rosland recalled that the public hearing f@r Permanezt Street Surfacing with Concrete Curb and Gutter and Creek . Crossiizg Improvement No. P-BA-247, proposed to be constructed in W. 72nd Street between Ohms Lane and Metro Blvd., had been continued from the meeting of March 16, 1981, because of discussion on the method of assessing the project. He recalled that the total estimated construction cost of $413,737.94 is proposed to be assessed against 800 lineal feet of abutting property at $33.00 per lineal foot and against 760,000 assessable feet of gross floor area at $50.96 per square foot. Mr. Hoffman referred to a letter from Mr. Patrick G. Ryan of Coldwell Banker, advising that representatives from Edina Place, Inc., Ryan Construction, Welsh Construction and Garron Corporation met regarding the proposed construc- tion and subsequent assessments and that "all concerns expressed at the Council Meetings were discussed and satisfied". The letter advised that Ryan Construc- tion Company and Edina Place, Inc., "agree with-and encourage the City of Edina to deal with the assessment on a gross floor area basis within the assessed area instead of on a square footage of property area". Construction Co., claimed that he represented 70% of the effected property owners in the area, including Prudential Insurance, Mr. Maurice Lava and Welch Construc-- tion Co., and said that at a meeting of those property owners it had that there is a definite need for the road and that they all support the-improve- ment project. No further discussion being heard, Councilwoman Schmidt offered the . resolution and moved its adoption: . BE IT RESOLVED by the Council of the City of Edina, Ninnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: A. CONSTRUCTION OF PERK"EN11 STREET. SUEFACING VITH CONCRETE CURB- AND GUTTER AND CREEK CROSSING IMPROVENENT NO. P-BA-247 IN THE FOLLOWING: Mr. Dennis Doyle of Welch 1 RESOLUTION ORDERING IPFPROVEEIENT NO. BA-247 * W. 72nd Street between Ohms Cane and Metro Blvd. and at the hearing held at the time 2nd place specified in said notice, the Council has duly considered the views of all persons interested; and being fully advised of the pertinent facts, does hereky determine to proceed with the con- struction of said improvement, including all proceedings which may be nekessary . 4/6/81 in eminent domain and for, the acquisition of necessary easements and rights for construction and maintenance of such improvement. designated and shall be referred to in all subsequent proceedings as PEIUihdENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND CPSEE; CROSSING IMPROVEMENT NO. BA-247; and.the area to be specially assessed therefor shall include Lot 1, Block 1; Lot 5, Block 2, Edina Interchange Center; Lots 13, 14, 16 thru 22, Block 1 and part of Outlot A, Edina Interchange 3rd Addition; Lots 1 thru 3, Lots 5 and 6, Block 1, Edina Interchange 3rd Addition; Lots 1 thru 3, Lots 5 and 6, Block 1; Edina Interchange Center 4th Addition; Lot 1, Block 1, Edina Interchange 8th Addition; Lots 1 and 2, Block 1, Edina Interchange 7th Addition; Parts of meets and bounds description Section 9, Twp. 116, Range 21 (Pins 09-118-21-24-0009) also to be known as parts of One Corporate Center Phase 4 and Phase 6. Motion for adoption of the resolution was seconded by Councilwoman Turner. That said improvement is hereby /I Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. ORDINANCE NO. 811-Al42 (AL JOHNSON CONSTRUCTION COMPANY) ZONING HEARING CON- TINUED. by Councilman Rredesen, continuing hearing date for Second Reading of Ordinance No. 811-A142 (Al Johnson Construction Company) until April 20, 1981. As recommended by Mr. Hughes, Councilwoman Schmidt's motioE was seconded Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. OAK POND OF INTERLACHEN PRELIMINARY PLAT APPROVAL HEARING DATE SET. As recom- mended by Mr. Hughes, Councilwoman Schmidt's motion was seconded by Councilman Bredesen, setting hearing date for preliminary plat approval for Oak Pond of Interlachen for April 20, 1981. Ayes: : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. ONE CORPORATE CENTER PHASE IV GRANTED FINAL PLAT APPROVAL. Mr. Hughes pre- sented One Corporate Center Phase IV for final plat approval, noting that this plat is generally located East of Ohms Lane and North of W. 74th St. He advised that the proposed 5.4 acre plat is being proposed to clarifiy the legal des- . cription for the site which is presently zoned 0-2 Office District and that the proponents intend to develop a six-story office building similar to the 3 build- ings they have recently constructed in the vicinkty. In response.to a question of Councilman Richards, Nr. Hughes explained that land was dedicated to the City along Nine Mile Creek at the time Edina Interchange Center I11 Addition was platted and that he believed the understanding.at that time was that this dedica- tion covered the de'dication for the entire site. Mr. Pat Ryan, representing Edina Place, Inc., emphasized that they are only replatting Lot 22 and dividing Lot 21 and that no further dedication would have been required had they not attempted to clear the legal description in this manner. that it will not be fair to other property owners in the area if an additional dedication is not made. Councilman Richards then offered the following resolution and moved its adoption: Councilman Richards contended RESOLUTION GRANTING FINAL PLAT APPROVAL FOR ONE COWORATE CENTER PHASE IV . BE IT RESOLVED by the Edina City Council that that certain plat known as One Corporate Center Phase IVY platted by Ryan Construction Company of Minnesota, Inc., and presented at the Edina City Council Meeting of April 6, 1981, be and is hereby granted final plat approval, subject to the condition that a subdivision dedication of $7,500.00 be paid. Motion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall : ." Ayes : Bredesen, Richards, Turner, Courtney Nays : Schmidt Resolution adopted. In response to Ivlr. Ryan's question as to whether they would get credit for the land already dedicated when they plat One Corporate Center Phase VI, Councilman Richards said that they should'bring a map of: the entire area showing the land that was already dedicated. ORDINANCE NO. 431-A3 GRANTED FIRST READING. Mr. Kosland advised that, as directed by the Council, letters were sent to the thirteen property owner? who had sewer available but had not been connected or zssessed, to the seven property owriers for whom sewer ik available but who would need to install their own lift stations since the sewer line is'not low enough to serve their property, and to approxi- 4/6/81 84 mately GO property owners who have sewer available but who have not connected to it. He advised that the seven properties that would have to install-their'own ' lift stations have called and confirmed their particular situatioh and recorn-* mended that these people be given a variance to retain and biennially pump their septic-tanks as proposed in Ordinance No. 712. Mr. Rosland said that eight of __ the property owners who had sewer available but had not connected or been assessed have contacted the staff to explain their particular situations. the following who spoke at this meeting: Brookside Ave., said that, while they really would like to install a sewer, they would find it an economic hardship for another year or two. sized that the McAllisters had been generous when they agreed to 'request sewer and water to help their neighbors, since their cesspool is in good condition. was generally agreed by Council that the McAllisters should not be required to prove a hardship since they had relied on the advise of the City staff that installation of the improvements would not necessarily mean that they would be required to connect. ith Ave., and was told that a small lift station would be necessary to serve the property. Mr. Rosland explained that their drain field would be allowed to exist but would have to be replaced only if it should break down. send a copy of the ordinance to Mr. Doepke. Mr. Donald Nelson, 6709 Indian H5lls Road, said that he has four acres of unplatted land which he will be plat- ting in the next few years and that, at this time, he does not want to create a situation which would limit this platting. Mr. Rosland told Mr. Nelson that'he could bring his problem to the Board of Appeals. In response to Mr. Erickson's comment that, even if someone has a properly operating system, they will have to connect to the sanitary sewer system, Mr. Rosland expressed concern about the financial hardship that would be imposed on those who would be assessed for a lif station. Mr. Erickson clarified that, under the proposed ordinance, even if the system is operating and has not failed, owners must hook up within six months after receiving notice from the City to hook up or else take the matter to the Board of Appeals. too low to connect to the existing sewer lines. Councilman Richards said that these lots should be allowed to do whichever is least expensive. Mr. Erickson said that he believes that the question of construction of a sanitary sewer shodd be UT to the Board of Appeals. ing ordkance for First Reading: They included Mr. and Mrs. Roland McAllister,. 4363 Mr. Hoffman empha- It Mr. Mark Doepke spoke for his mother who lives at 6125 Zen- - Hr. Velde will - MK. Velde referred to three lots on Drmandale Road that are Councilman Bredesen thereupon offered the follow: ORDINANCE NO. 431-A3 AN ORDINANCE AMENDING ORDINANCE NO. 431 TO REQUIRE CONNECTIONS TO THE SANITARY SEWER SYSTEM AND WAmR SYSTEM AND TO PERMIT WAIVER OF THE CONNECTION.REQUIREMENT THE CITY COUNCIL oFTH9 CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 10 of-Part 3 of Ordinance No. 431 is hereby amended to read as follows: "Sec. 10. division; Naiver of Connection Requirement., Any person required by Section 9 -hereof to connect to sewer and has failed to do so shall have 6 months from the time written notice is given to complete hook-up in the case where the septic system has not failed. then has the right to have the connection installed as outlined in Section 11. Written notice may be given no earlier than 6 months prior to expiration of 2- year time period as outlined in Section 9. fafled, the pe.rson shall be in violation of this ordinance if no hook-up is made in 10 calendar days. lined in Section 11, 15 calendar days after notice has been given. The written notice shall be prepared and mailed by certified mail, or delivered by the City Public Health Sanitaria, Building Official, or City Planner on order of the City Manager. If such connections are required because of the subdivision of a lot in the R-2 District, or because of platting or subdivision or property to permit sale of individual townhouses or individual lots, such connections shall be-made in connection with such platting or subdivision, and approval of such plat or subdivision by the City Council may be conditioned upon and withheld until completion of the required ccnnections. Provided, however, that any connection requirement may be waived by the Building Construction Appeals Board upon request of the owner of the property for which the waiver is requested and upon a finding being made by the Board that a hardship exists that is not a mere inconvenience and that is caused by the physical character of, and cost of complying with, the connection requirement and not by the owner or any persons hzving an interest in the property, and that the waiver will not be substantially detrimental to the public welfare or to other lands or improvements in the neighborhood of the Also, as a condition to granting such waiver, the owner -or owners -of the property or properties shall execute and deliver to the City a recordable . agreement in form and substance acceptable to the City Manager, providing that the City shall not be liable to any owners or occupiers of the property for any damage or injury to persons or property resulting from a lack of the required Failure to Comply; Notice; Withholding of Approval of Plat or Sub- If not done at the end of that time . ', the City In the case of systems that have The City shall have the right to make the connection as out- ._ .property. 4/6/81 separate and independent connections, that all owners of the property or proper- $5 ties served by less than the required separate and independent Connections shall1 share equally ip any costs incurred as a result al: not having the required sep- arate and indepkndent connections, shall pay equally all sewer and water charges made for services to such property or properties, and that the City may determine tlie charges for water and sewer usage by allocating consumption equally among all properties using the common connection and totaling the separate charges based on such allocation, and the City may discontinue water and sewer services to such property or properties pursuant to Ordinance No. 1111, even though such discontinuance will affect properties in addition to that of the persons causing the'delinquency. with Ordinance No. 712. Councilman Bredesen then offered Ordinance No. 712-A1 for First Reading: All properties given a variance for connection must comply 0F;DINANCE NO. 712-A1 AN ORDINANCE AMENDING ORDINANCE NO. 712 REGULATING PRIVATE SEWAGE DISPOSAL SYSTEMS, REQUIRING ISSUANCE OF A PERMIT AND PAYMENT OF A FEE FOR . I CONSTRUCTION THEREOF, AND PRESCRIBING PENALTIES. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sections 4 and 5 of Ordinance No. 712 are hereby repealed and the conditions and requirements as set forth in the State of Minnesota Pollu- tion Control Agency Regulations 6MCAR 3 4.8040 - Individual Sewage Treatment Sys- tems Standards are hereby incorporated in its entirety, including Appendix A, E, Cy Dand E. 0 Sec. 2. "(c) Section 6 is hereby amended to read as follows by the addition of: Each sewage disposal system remaining active on any property shall least biennially, be pumped and inspected by a licensed scavenger, and such pumping be recorded on a form provided by the City. Any variance from this requirement can be granted by the Clty Manager or his appointed representative, only after facts have been presented and substantiated which indicate a less frequent pumping schedule will neither damage nor effect the absorbancy of the drainfield. and publication. BID AWARDED FOR SAND, ROCK AND BITUMINOUS MATERIALS. Mr. Rosland presented tabu- . & Aggregate tied low bi.dders at $3.22, N. W. Aggregates $3.28, G & T Trucking at $4.00 and Edward Kraemer & Sons at $4.50 (all delivered); Tabulation for Buck- shot (delivered) was given showing Fischer Sand & Aggregate low bidder at $6.42, . N. W. Aggregates at $6.73 and Prior Lake Aggregates at $6.87; Gravel Base (delivered) showed G & T Trucking low bidder at $3.72, N. W. Aggre- gates at $4.33, Fischer Sand & Aggregate at $4.34; Edward Kraemer & Sons at $4.25, B.ury & Carlson at $4.45 and Prior Lake Aggregates at $4.50; Limestone FA5 (delivered) showed Edward Kraemer & Sons low bidder at $4.25, Bryan Aggregates, Inc., at $4.33, G & T Trucking at $4.46 and Midwest Asphalt Corporation at $4.65; Tabulation' for Ready Mix Bituminous Materials (picked up) showed Widwest Asphalt Corp. low bidder at $19.75 and $25.00 for Winter Mix, Bury ti Carlson, $19.95 (alternate bid), and $22.15 Winter Mix; Cut-back Asphalt, Cdelivered) showed Koch Asphalt Company the lone bidder at $1.00; Tabulation for Hydro-Fluosilicic Acid showed Hawkins Chemical at $8.35 per cwt. and Van Waters & Rogers at $9.29; Tabulation for Liquid Chlorine showed Hawkins Chemical at $16.00 per cwt. and Van Waters & Rogers at $15.66 per cwt. by Councilwoman Turner for award to recommended low bidder in all cases, notihg1that Hydro-Fluosilicic Acic and Liquid Chlorine were awarded based on a tied bid. a -3 . Sec. 3. This ordinance shall be in full force and effect upon its passage i .lation of bids for Concrete Sand showing Prior Lake Aggregates and Fischer Sand Tabulation for Tabulation for Motion of Councilman Richards was seconded Ayes: Bredesen, Richards, Schmidt;Turner, Courtney Nays: None Mot ion carried. BID AWARDED FOR WATER TREATMENT CHEMICALS. Mr. Rosland presented tabulation of two bids' for Water Treatment Chemicals showing Hawkins Chemical low bidder at $24.35 for tied bid for Hydrofluosilicic Acid and Liquid Chlorine against tied bid of Van Waters & Rogers at $24.95 per unit. . Councilman Bredesen's motion was seconded by Councilwoman Schmidt for award to recommended low bidder, Hawkins Chemical at $24.35 per unit. - Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None I& tion carried. * RADAR UNITS BID AWARDED. Mr. Rosland presented tabulation of two bids for four speed measuring devices (radar units) showing M.P.H. Industries, Inc., low bidder at $2,078.00 and Kustom Signals, Inc., at $7,400.00 and recommended award to low bidder, M.P.H. Industries, at $2,078.00.(1979 prices as per State Contract No, M-8355). Councilman Bredesen's mgtion for. award to recommended low bidder, M.P.H. .- Industries, Inc., was seconded by Councilwoman Turner. , Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. -. SOD BID AWARDED. Mr. Rosland presented tabulation of three bids for 14,000 yards of sod laid for Creek Valley Soccer Field,' Braemar Football Field and Arneston Acres. Tabulation showed Duane's Landscaping, Inc., low bidder at $9,800.00 (70C per yard) , Landscaping Services, Inc. , at $10,500.00 (75C per yard) and C & W Turf Nursery at $13,090.00 (93.5~ per yard). award to recommended low bidder, Duane's Landscaping, Inc., was seconded by Council- man Bredesen. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney * Nays: None Motion carried. Councilwoman Schmidt's motion for "TRAFFIC PAINT BID ArJARDED. Mr. Rosland presented tabulation of three bids for 200 gallons of white traffic paint and 450 gallons of yellow traffic paint showing Vogel Paint & Wax, Inc., low bidder at $3,959.50, Earl F. Anderson & Associates, Inc., at $4,952.00 and Diamond Vogel Paint- Center at $5,051.00. Schmidt's motion was seconded by Councilwoman Turner for award to recommended low bidder, Vogel Paint &Wax, Inc., at $3,959.50. Councilwoman Ayes: Bredesen, Richards, Schmidt, Turner, Courtney . . Nays: None * Motion carried. COIIPUTER TERMINALS AND LINE HOOK-UP BIDS &4ARDED. tion of bids for communication system for LOGIS participation showing Tele-Ter- Mr. Rosland presented tabula- - minals bid of $6,140.00 for a direct computer line between Edina City Hall and LOGIS Computer Center. each and 2 printers at $730 each for a total of $8,150.00. that Tele-Terminals offered the only compatible equipment for LOGIS.. Council- woman Schmidt's motion was seconded by Councilwoman Turner for award to recom- mended bidder, Tele-Terminals in both cases. Bid of Tele-Terminals was given for 3 terminals at $2,230 Council was advised Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None $io tibn carried. INFILTRATIOH INFLOW STUDIES CONTINUED TO MAY 4, 1981. As recommended by Mr. Hoff- man, Councilwoman Schmidt's motion continuing discussion of infiltration inflow studies was seconded by Councilwoman Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Notion carried. J&?ARY 5, 1981, MINUTES CORRECTED. Councilwoman Schmidt's motion was seconded by Councilwoman Turner that the Minutes of January 5, 1981, be corrected to reflect that the Edina Chamber of Commerce would be requesting issuance of Wine Licenses, rather than Wine and Strong Beer. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney . Nays: None Motion carried. FISCAL DISPARITIES LITIGATION CONTINUED TO APRIL 20, 1981. Mr. Rosland recalled that the City:.of Edina and the City of Bloomington had supported the City of Shak- opee in its action opposing the Fiscal Disparities law, and that Shakopee is now planning to challenge the Supreme Court decision upholdipg the law. Mr. Rosland advised that Edina is being asked if it will attach its name to this new action and also.whether Edina will be willing to help financially. The Mayor recalled that Bloomington and Edina were most particularly affected and suggested that some support might be appropriate. As'requested by the Council, Mr. Erickson said that he would submit a history of the statute and the conflicts involved for further consideration. No formal action was taken. D 1981 POLICE AND FIRE DEPARTMENT UNION CONTRACTS RATIFIED. that negotiatians have been concluded for the Fire and Police Department union contracts. 1981 for the Police Department: increase for all employees) ; $10 per month for the coverage. (Same dollar amount for general City employees); 3) ment to six weeks after twenty years (to encourage personnel particularly in physically demanding entry level position to terminate employment earlier than Mr. Rosland advised . He pointed out the following changes for a one'year contract for 1) .Increase in base wages by 10% (the same 2) For those with family coverage, an increase: of An increase in the severance pay package from a maximum of four weeks at retire- 41618 1 87 age 55 retirement; and 4) Pay an additional 112 pay for for thosa who work on any of nine holidays. reached with the firefighters' union: 1) Increase in base and supplemental wages by 10%; age; 3) Modification in language on notification of shift changes; 4) Modi- fying three,hour minimum from 2400 to 0600 to 2200 to 0730 (increase); fication in vacation package to bring closer to area wide rates; tion of holiday pay set up to eliminate work holidays (except Christmas) and instead grant three floating holidays off. to each member which, if unused, is compensated for by an additional 1/2 time pay for the City; 7) Increase in clothing allowance by $25 per year to be paid in semi- annual installments; 8) inclusion of the current educational incentive plan in the contract; and 9) Modification in severance pay in the same manner as police. Mr. Rosland advised that all changes are within the budget, and recommended that the Council adopt the contract as presented. Councilman Richards questioned the educational incentives offered, recalling that it had been decided to eliminate these incentives. Mr Rosland confirmed that the incentive plan was cut tack about three years ago. Councilman Bredesen took issue with the health benefits included in the contracts, referring to the fact that there is no incentive for employees to chose a health care plan with reduced cost for benefits and that he believed that the system is "counter productive". offered five options on their health plan. Councilman Richards suggested that it might be worthwhile to hold a special meeting so that Council could get more background on the contracts. motion ratifying the 1981 Fire and Police Department Union Contracts, with the . recommendation that Council have more input into the negotiating process next year, was seconded by Councilwoman Turner. Mr. Rosland listed the following changes for the year 1981 2) Increase of $10 per month for insurance for those with family cover- 5) Modi- 6) Modifica- additional pay for those scheduled to :The fact was questioned that employees are Following lengthy discussion, Councilwoman Schmidt's Rollcall : Ayes : Schmidt , Turner, Courtney Nays: Bredesen, Richards Motion adopted. MILL POND WEED CUTTING COST SHARING APPROVED. the City contracted for cutting and harvesting of weeds in the Mill Pond, cost of . which was shared with the Minnehaha Creek Watershed District paying $2,500 and the City and the creekside residents each paying $1,450 toward the cost of $5,400. He advised that he has received a low bid of $6,675 for two cuttings this year and . that the Watershed District will consider its financial participation at its meeting of April 16, 1981. Mr. John Kvam, 4925 E. Sunnyslope Etoad, an&Mr. Bruce Gethin, 4707 Sunnyside Road, eipressed satisfaction with last year's +results, AS recommended by Mr. Hughes, Councilman Bredesen's motion was seconded by Councilman Richards authorizing the staff to send pledge statements to creekside residents which would be returned by April 20, 1981, indicating neighbors' willingness to contribute as they did last year for a total estimated cost of $75.00 per home. Mr. Hughes recalled that in 1980, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None * Motion carried. DANDELION SPRAYING DISCUSSED. In response to a question from the Council, Mr. Rosland advised that the City sprays its own property' for dandplions each year but clarified that the work is dependent on wind and rain. WINFIELD DEVELOPMENT TINE SCHEDULE APPROVED. Mr. Rosland presented a time sched:: ' ule for information and public hearings for the Winfield Development proposal. Council informally approved the following schedule: April 14, 1981 - Staff to present proposal to Park Board; April 20 - Staff to bring update to Council; April 29 - Developers to bring proposal to Community Development and Planning Commission; May 18 - Public Hearing before Council. PERSONNEL COMMITTEE NAMES REQUESTED. is still in need of recommendations for the Personnel Committee. No action was taken. BREDESEN PARK PROPOSED IMPROVEMENTS DISCUSSED. Councilwoman Turner as to the status of the Bredescn Park improvements approved on August 4, 1980, Mr. 'Rosland advised that the improvements at this time are contingent. on the County being willing to 'sell bonds for the Watershed District. He explained that the project could be done next winter if the sale of bonds is approired, .but that there could otherwise be a delay of four to six years. action was taken. ENERGY ME$TING DISCUSSEIi. inar to be conducted by Building Inspector John Schirmang at the City Hall on No action was taken. No action was taken. - Mayor Courtney reminded the Council that he In response to a question of No ,' Councilwoman Turner was advised that the Energy Sem- 4/6/81 88 . April 22, 1981, is a "trial ballood' and that, if it is successful, further energy seminars will be held. No formal action was taken. LEGISLATIVE ISSUED OPPOSED. Minnesota Cities, Councilwoman Turner offered the following resolutiori and mqved its adoption: Referring to "Action Alert" from the League of RESOLUTION BE IT RESOLVED that the Edina City Council does hereby oppose the following'pro- posed legislation: Manufactured Homes as a Permited Use (H.R. 671) Sale of Wine in Grocery Stores Establishment of One Class of Beer; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be forwarded to the Legislators representing the City of Edina with the request that they take all action possible in opposition to the proposed legislation. tbtion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. HISTORIC PRESERVATION QUESTIONS RAISED. from Mr. Harsh Evanson, questioning procedures in regard to the designation of Councilman Richards referred to a letter properties as historic sites. €or consideration at the'next Council Meeting. MORNINGSIDE AREA BUSINESS'DISTRICT DISCUSSED. he had received regarding the relocation of a beauty shop to the Texaco property. Following general discussion of the area as a wliole, it was 'informally agree2 - that the matter should be referred to the Community Development and Planning Com- mission. No action was taken. The letter will be distributed to Council members No action was taken. Mr. Richards referred to a question' Bi2lNNUA.L COMPiUNITY HEALTH PLAN MEETING MOTED. an invitation for Council members to attend to the Biannual Communitv Health Plan- Councilwoman Schmidt referred to I ., . ning Meeting for cities in the South suburban area. -attended the Metropolitan Council and its 6th Annual State of the Region Event, along with Members Turner and Bredesen. demands of health care are increasing and that resources are decreasing and em- phasized the importance of education of the community in helping to recognize how medica? costs can be reduced and in preventing health problems. She reported that she had -. .I She emphasized that the costs and KO action was taken. MANAGER ROSLAND TO SERVE ON BIANNUAL COMMUNITY EEALTH PLANNING BOARD. advised that he had been asked to serve on a panel. for the Biannial South Henne- pin Community Health Planning Meeting but had declined to accept until he had advised Council, since he will be asked to react to the findings of the study. emphasized that the study is not completed but that he will be reacting on his own thoughts and theories, rather than on the Council's behalf. sen said that he has no objection to Nr. Rosland's serving on the panel, but that he does not expect to support any recommendations of the.Committee since he be- l-ieves-.that those recommendations are not based on any factual or.documenta1 need. He expressed concern that the inventory in which the City was interested was be- ing brushed over quickly and said that Mr. Rosland should be aware that he believes that the assessment of needs is only the result of personal opinion and has no scientific background. Mr. Rosland He Councilman Brede-. No formal action was taken. LETTZRS OF CONMENDATION TO BE DISTRIBUTED TO COUNCIL. The Mayor referred'to let- ters received from residents thanking the Police and Fire Departments for assist- ance and asked that copies of all letters of thanks and commendation to city per- sonnel be distributed to the Council. ' 1980 CENSUS FIGURES NOTED. that he does not believe that the population figure of 46,073 is high enough to reflect the City's actual population. No action was taken. The Mayor.referred to the 1980 census report and sard ADDITIONAL POLICE TICKETING REQUESTED. laints of cars "rolling through" stop signs and asked that the Police Department be more alert in issuing tickets for this type of violation. ORDINANCE NO. 1302-A1 GRANTED" FIRST READING. As recommended by Mr. Rosland, Councilwoman Schmidt offgred the following ordinance for First Reading: The Mayor said that he had received comp- ORDINANCE NO. 1302-A1 TO ANEND THE PEIQffT FEES AN ORDINANCE AMENDING ORDIN-4NCE NO. 1302 ! ., 1 1 4 /6 / 8 1 89 Q ffl b THE CITY COUNCIL OF I'HE CITY OF EDLNA, MINNESOTA, OlIDBINS: 10 ws : premises in the City the Scavenger shall obtain a permit in writing froin the City Clerk which shall contain the name of the owner or occupant and the address of the premises, along with other information which may be required, including, but not limited to: Date of pumping; capacity of tank; and percentages of scum and sludge. This information must be provided to the Public Health Sanitarian. In . case of an emergency, the scavenger may render services at any premises without a permit, provided verbal notification is given in advance to the City Clerk, if the' emergency occurs within regular business hours, and provided a permit is obtained on the next business day. See. 2. publication. Section 1. Section 6 of Ordinance No. 1302 is hereby amended to read as fol- Sec. 6, Permit Required. Before rendering services as a scavenger to any This ordinance shall be in full force and effect up6n its passage and ORDINANCE NO. 901-A9 GRANTED FIRST READING. As recommended by Mr. Rosland, Councilman Bredesen offered the following ordinance for First Reading: ORDINANCE NO. 901-A9 AN ORDINANCE AMENDING ORDINANCE 901 TO REGULATE THE SALE OF INTOXICATING LIQUOR, AND TO ESTABLISH LICENSE FEES FOR LICENSES FOR THE SALE OF INTOXICATING LIQUOR THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. License Required. Section 8 of Ordinance No. 901 is hereby ' Sec. 8. License Required. No person shall, directly or indirectly upon any amended to read as follows: pretense or by any device, manufacture, import, sell, exchange, barter, dispose of or keep for sale any intoxicating liquor on Sunday without first having obtained a Sunday Sale License or on any day other than Sunday without first having ob- tained an On-sale License. Such licenses shall permit the On-sale of intoxicating liquor only. Licenses as herein described may only be issued to: 1) a club which held a Club License prior to January 1, 1940, for the sale of intoxicating liquor; or b) a temporary license to a current On-sale License holder for a period not to exceed 24 hours in connection with the Edina Foundation Ball. No license shall be issued to any club which after January 29, 1934, has been convicted of any will-. ful violation of any law of the United States, or the State of Minnesota, or any local ordinance, with regard to the manufacture, sale or distribution of intoxi- cating liquor, or to any club whose license, of either kind, under this ordinance. is after said date revoked for any willfulviolation hereof, or of such laws." Sec. 2. and publication. This ordinance shall be in full force and effect upon its passage EDINA/BLOOMINGTON LAND EXCHANGE RESOLUTIONS ADOPTED. Mr. Rosland presented reso- lutions, similar to those adopted by the City of Eloomington, providing for the exchange of the 30 acre Cardarelle property which lies just South of Braemar Park and for the Winfield property which lies East of France Ave. and West of Pork ' Ave. and recalled that the Cardarelle property is proposed to be exchanged for the Radisson South property. are sent to the Municipal Commission, an agreement will be worked out which will be signed by the Cities of Edina and Bloomington, Mr. Cardarelle and the Radisson South owners. $6,000,000 value on the Radisson South building and land. ington has approved zoning for the Cardarelle property for two office warehouses and two office buildings which will have a combined value of approximately 3.9 million dollars. Mr. Cardarelle explained that he has already paid his subdivi- sion fee by donating other land to the City of Bloomington. Mr. Rosland also explained that the agreement with the City of Bloonington for the Winfield pro- perty is good for one year and that, if not annexed by that time, additional' negotiations will have to take place. Mr. John Waters said that he is the attorney for the owner of land at the Southwest corner of T.H. 494 and County Road 18 and expressed his client's concern that they are losing all access to County Road 18 by virtue of the'County's taking of that access and that, as the result, he is being faced with a land locked parcel. Mr. Waters said that the subject property is zoned R-1 and that there may be problems if this parcel remains in Bloomington and the Cardarelle property is in Edina. He said that this land exchange would be detrimental to his client without having some commitment worked out. He agreed that the same problem would exist even if the land trade is not made. No further conments being heard, Councilman Richards thereupon offered the following resolution and moved its adoption: Mr. Rosland clarified that before these resolutions Mr. Rosland explained that the Edina Assessor has placed a He added that Bloom- - RESOLUTION EXPPZSSING THE CITY OF EDINA'S DESIRE TO AND FROM AND TO EDINA . DETACH AND ANNEX CERTAIN LANDS FROM AND TO BLOOMINGTON WHEREAS, the City Council of the City of Edina is the oi"ficia1 governing body of 4/6/81 .- 90 the City of Edina; and WHEREAS, the City Council finds that certain property now located in the City of Bloomington, County of Hennepin, State of Minnesota, described in Exliibit A (che "Cardarelle Property") which is attached hereto and made a part hereof , abuts the . City of Edina and is properly subject to the concurrent detachment and annexation by concurrent resolutions of the two councils of the two municipalities pursuant to Minnesota Statutes Section 414.061; and WHEREAS, it is the desire of the City of Edina that the Cardarelle Property des- cribed in Exhibit A be concurrently detached from the City of Bloomington and annexed to the City of Edina; and WHEREAS, the City Council further finds that certain property now located in the City of Edina, County of Hennepin; State of Minnesota, described in Exhibit B (the "Radisson South Property") which is attached hereto and made a part hereof, abuts the City of Bloomington and is properly subject to concurrent detachment and annexation by concurrent resolutions of the two councils of the two municipalities pursuant to llinnesota Statutes Section 414.061; and WHEREAS, it is the desire of the City of Edina that the Radisson South Property described in Exhibit B be concurrently detached from the City of Edina and annexed WHEREAS, this resolution is being adopted,concurrently with a similar resolution by the City Council of the City of Bloomington approving the detachment and annexa- tion of the properties as provided above and is to be contingent upon adoption by the Bloomington City Council of said resolution; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina in Regular Meeting assembled, that the above described concurrent detachment and annexation of said properties be effective upon the issuance of the order of the Minnesota . Municipal Board or at such later date as provided by the Board in its order. I -to the City of Bloomington; and - EXHIBIT A (the "Cardarelle Property") The following described land in the County of-HeMepin, State of Knnesota: That part of the Northeast Quarter of the Northwest Quarter, Section 18, Town- ship 116, Range 21, lying North of the Northerly right-of-way line of Igterstate Highway Number 494, said Northerly right-of-way line is described as follows : Commencing at the. Northwest comer of the Northwest Quarter of said Section 18; thence on a bearing of South along the Vest line of said Northwest Quarter a distance of 929.14 feet; thence North 88 degrees 10 minutes 30 seconds East a distance of 1411.95 feet; thence North 1 degree 49 minutes 30 seconds West a distance of 330 feet to 2 point hereinafter referred to- as point "A'!; thence North 59 degrees 17 minutes 55 seconds West to its intersection with the West line of the Northeast Quarter of the Northwest Quarter of said Section 18, said intersection being the actual point of beginning of the Northerly right- of-way line to be described; thence South 59 degrees 17 minutes 55 seconds East to said point "A"; thence South 73 degrees 02 ninutes 49. seconds East a distance of 528.11 feet; thence South 88 degrees 00 minutes 39 seconds East a distance of'< 150.33 feet; thence No&h 88 degrees 10 minutes 30 seconds East a distance of 271.57 feet; thence Easterly along a tangential curve to the left, having a radius of 7489.44 feet, to the East line of said Northeast Quarter of the North- west Quarter and there terminating; and That part of the Northwest Quarter of the Northeast Quarter, Section 18, Town- ship 116, Range 21, described as beginning at the Northwest comer of said North- west Quarter of the Northeast Quaker; thence East along the North line of said Northwest Quarter of the Northeast Quarter a distance of 675 feet; thence South, parallel with the West line of said Northwest Quarter of the Northeast Quarter, to the Northerly right-of-way line of Interstate Highway Number 494, as des- cribed in Book 2354 of Deeds, page 169, office of the Register of Deeds, Henne- pin County, Minnesota; thence Westerly along said Northerly right-of-way line to the West line of said Northwest Quarter of the Northeast Quarter; thence gorth along said West line to the point of beginning. . (Exhibit B) /. .. -- (the "Radisson South Property") The following described land in the County of Hennepin, State of Minnesota: That part of Ut 3 lying East of the East line of Lot 2 and its Northerly extension and lying South' of the South line of Lot 4 and its Westerly extension, all in Block 1, Replat of Edina Interchange Center, according to the plat thereof on file or of record in the off5ce of the Registrar of Titles in and for Henne- pin County, Ninnesota, except that part thereof which lies Northeasterly of the following described line: Lot 3 distant 230 feet North of the.Southeast corner thereof; thence run Northwesteriy to a point on t&e Northeasterly line of said Lot 3 distant 30 feet Northwesterly of its inliersection with the East line of said Lot 3 and there terminating. - Beginning at.a point on the East line of said 4/6/81 9% Motion for adoption of the resolution was seconded by Councilman Bredesen, Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. Councilman Richards thereupon offered the following resolution and moved its adoption : RESOLUTION EXPRESSING THE CITY OF EDINA'S DESIRE TO DETACH CERTAIN LAND FROM BLOOMINGTON FOR CONCURRENT ANNEXATION TO EDINA WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina; and WHEIZEAS, the City Council finds that certain property now located in the City of BLoomington, County of Hesmepk, State of Minnesota, described in Exhibit I (the "Winfield Property") which is attached hereto and made a part hereof, abuts the City of Edina and is properly subject to concurrent detachment-and annexation by concurrent resolutions of the two councils of the two munici- palities pursuant to Minnesota Statutes Section 414.061; and WHEREAS, it is the desire of the City of Edina that the Winfield Property described in Exhibit I be concurrently detached from the City of Bloomington and annexed to the City of Edina; and WHEREAS , this resolution is being adopted concurrently with a similar resolu- tion by the City Council of the City of Bloomington approving the detachment and annexation of the property as provided above and is to be contingent upon adoption by the Bloomington City Council of said resolution: lar meeting assembled, that the above described concurrent detachment ana annexation be effective upon the issuance of the order of the Minnesota Munici- pal Board or at such later date as provided by the Board in its order. a 0 a 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY couNcIL OF WE CITY OF EDINA in reg+ a a EXHIBIT I (the "Winf ield Property") The following described land in the County of Hennepin, State of Mnnesota: Lot 1, Block 1, Northwestern Financial Center Addition and all that part of the Northwest quarter of Section 5, Township 27, Range 24, lying North of Inter- state Highway 494. Motion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall : Ayes : Bredesen, Richards, Schmidt , Turner, Courtney Nays: None Resolution adopted. Councilman Richards-then raised the question of what can be done to prevent this type of problem from arising at a future date. ask the City Attorney to work out an ordinance which would eliminate such a possibility. No further action was taken. Mr. Rosland said that he would P LIQUOR FUND as of January 31, 1981, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilwoman Turner, seconded by Councilwoman Schmidt. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. CLAIMS PAID. for payment of the following Claims as per Pre-List: Park Fund, $15,061.12; Art Center, $773.12; Park Construction, $49.13; Swimming Fool, $53.03; Golf Course, $3,573.51; Arena, $35,309.83; Gun Range, $151.45; Water Fund, $15,170.28; Sewer Fund, $116,911.34; Liquor Fund, $4,884.82; Construction, $302,583.90; IBR, $39,054.00; IBR 11, $149,551.13; Total, $873,287.54; and for confirmation of payment of the following Claims: $83,628.25; Park Fund, $21.01; Art Center, $43.27; Golf Course, $1,444.37; Arena, $2,160.05; Gun Range, $14.51; Water Fund, $375.79; Liquor Fund, $255,076.17; Construction, $24,327.00; Total, $367,093.42. Motion of Councilwoman Turner was seconded by Councilwoman Schmidt General Fund, $190,160.88; . General Fund, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. No further business appearing, the Mayor Zeclared the meeting adjourned at 10:l4 p .m. .. .I ..