HomeMy WebLinkAbout19810615_regular157 MINUTES
OF REGULAR COUNCIL MEETING
JUNE 15, 1981
OF EDINA CITY COUNCIL HELD AT wry HALL
Answering rollcall were members Schmidt, Turner and Mayor Courtney.
MINUTES of May 4, 1981, were approved as presented by motion of Member Schmidt,
seconded by Member Turner.
Ayes: Schmidt, Turner, Courtney
Nays: None
Moiion carried,
HONOR AMERICA PROCLAMATION ADOPTED. The Mayor issued the following Proclamation I which was unanimously adopted by the Council:
PROCLAMATION
The fervent outpouring of emotion by the American people is usually associated with
the waving of the Flag.
It has been stated that the American Flag represents all facets of our country.
What is good and also what needs to be changed.
only to maturity, but also to youth.
It symbolizes both the inalienable rights of each individual and his equally
inalienable responsibilities. The history of our flag and its development is a
dramatic part of our heritage.
To focus attention of the American people on their country’s character and heri-
tage, the Congress has set aside the 21 days froin Flag Day through Independence
Day as a period to honor America. Therefore, by virtue of the powers vested in
this office, I do hereby proclaim the twenty-one days, Flag Day through Inde-
pendence Day, as a period to HONOR AMERICA, that there be public gatherings and
activities at which the people can celebrate and honor their country in an
appropriate manner.
It belongs to all groups, not
PUBLIC HEALTH/COMMUNITY HEALTH NURSE WEEK NOTED.
Proclamation which was unanimously adopted by the Council:
WHEREAS, the City of Edina is concerned about the health and well being of its
people, and it is appropriate that we recognize the many contributions made to
the health of our residents by hblic Health/Community Health Nurses working in
a variety of settings; and
WJAEREAS, these nurses serve the people of Edina by promoting the highest level of
welhess, independence and self care that is possible for an individual’ to
attain; and
WHEREAS, services to the sick and disabled are provided in a manner that assists
many to convalesce quickly, others to regain higher functioning levels, and some
to die with dignity and comfort in their own homes; and
WHEREAS, these nurses have shown competence in the prevention of disease and
promotion of health; and
WHEREAS, these Public Nealth/Community Health Nurses have provided effective
leadership in developing comprehensive health services for residents in Edina;
NOW, THEREFORE, I, C. Wayne Courtney, Mayor of the City of Edina, Minnesota,
hereby proclaim the week of June 21 through 26, 1981, to be
PUBLIC HEALTH/CONMUXITY HEALTH NURSE WEEK
in the City of Edina.
The proclamation was accepted by Ms. Yvonne Hargens , Director o-f Public Health.
Nursing for the City of Bloomington.
SIDEWALK IMPROVEMENTS NOS. S-28 and S-29 AUTHORIZED; IMPROVEMENTS NOS. P-BA-248,
P-BA-249 and P-BA-250 CONTINUED TO JULY 6, 1981. Affidavits of Notice were pre-
sented by Clerk, approved as to form and ordered placed on file.
notice given, public hearings were conducted and action taken as hereinafter Set
forth.
A. PERMANENT ’STREET SURFACING WITH CONCRETE CURB AND GUTTER IIPROVEME” NO. P-BA-
248 IN THE FOLLOWING:
Grove Street from Johnson Drive to Cul-de-sac
The Mayor issued the following
PROCLAMATION I
.
,
‘
Fursusnt to due
Only three members of the Comcil being present, iilember Schmidt’s motion was
seconded by Member Turner continuing the hearing of Street Improvement P-BA-248
until July 6, 1981. Motion carried unanimously.
B, SIDEWALK IMPROVEMENT NO. P-S-28 (S.A.P. 120-020-10) IN THE FOLLOWING:
Xerxes Ave. from Heritage Drive to W. 66th Street
W. 66th Street from Xerxes Ave. to France Ave. (S.A.P. 120-138-02)
C. SIDEIqALR LMPROVEF.IEY5’ NO. P-5-29 (S .A.P. 120-020-11) IN THE FOLLOWING:
Jhiprovements Nos. P-S-28 and P-S-29
affecting the same properties , the hearings were conducced concurrenrly . being paid from State Aid Funds and generally
Xr. I
61 15/81
'3
158
Rosland emphasiz d th t there will be no
and also that , under present City policy,
ssessment against abutting properties
snow removal will be the responsibility
of the City.
with the sidewalk to be five feet wide and constructed of Portland cement concrete.
Ms. Ethel Kort, 6324 Xerxes Ave., and the resident at 6322 Xerxes Ave., said that
they opposed the improvement on the grounds that a sidewalk will detract from .
their property. Objections were also heard from an unidentified lady in the audi-
ence. In response to a question of Ms . Esther Luckow, 6416 Xerxes Ave., Ffr. Hoff-
man said that he did not know whether Richfield would be installing sidewalks on
the East side of Xerxes, He concurred with Ms. Luckow that the only really safe
way to cross TJ. 66th Street would be to install a pedestrian overpass, even though
there is a traffic signal on 66th Street and Xerxes Ave.
ber Turner that the Council has previously discussed the problem but that no
further action had been taken, inasmuch as pedestrians seldom use the overpasses.
He explained that the improvements .are 'being proposed in an attempt to provide a
safer area of pedestrian transportation. Mr. Hoffman also advised that any side-
walk which might be constructed on York Ave. would have to be assessed against
abutting properties, since York Ave. is not a County or a State Aid road. Mr.
Byron Napier, 6344 Xerxes Ave., was told that attempts will be made to save boule-
vard trees and plantings in all cases. Mr. Hoffman told Efr. Darrell Roepke, 6108
St. Johns Ave., manager of an abutting property, that property owners must be
responsible for moving their own sprinkling systems. No further discussion was
heard.
D. STRZET SURFACING WITH CONCRETE CURB AND GUTTER AND S1DETqALT.C IMPROVEMENT NO.
He explained that total estimated construction cost is $29,493.18,
R Mr. Hoffman advised Mem-.
(See Resolution Ordering Improvement later in Minutes .)
P-BA-249 IN THE FOLLOWING:
Dewey Hill Road from Delaney Blvd. to Gleason Road (S.A.P-120-138-02)
STREET SUICFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. E.
Being advised that proper notice had not been given for P-BA-250, Member Turner's
motion was seconded by Member Schmidt and unanimously carried, continuing both
Dewey Hill Road Improvements Nos. P-BA-249 and P-BA-250 to July 6, 1981.
s@@dt- thereupon offered the following resolution and moved its adoption :
. P-BA-250 IN THE FOLLOWING:
Member
offered the following resolution and moved its adoption:
BE IT RESOLVED by the City Council of the City of Edina, Wnnesota, 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 folloving
proposed improvements :
Ri3SOLUTION ORDERING IME'ROVEElENTS NOS. S-28 AND S-29-
A. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. P-S-28 IN THE FOLLOWING:
B. COXSTRUCTIOE OF S1DENAI.X IIPROVEMENT NO. P-S-29 IN THE FOLLOWING:
Xerxes Ave. from Heritage Drive to W. 66th Street
South side of W. 66th Street from Xerxes Ave. to France Ave.
and at the hearing held at the time and place specified in said notice, the Council
has duly considered the views of all persoas interested, and being fully advised
of the pertinent facts does hereby determine to proceed with the construction of
said improvement, including all proceedings which may be necessary in eininent
domain for the acquisition of necessary easements and rights for construction and
matntenance of such improvements ; that said improvements are hereby designated
and shall be referred to in all subsequent proceedings as follows :
.
Improvement No. A above - SIDEWALK IMPROVEMENT NO. S-28
Improvement No. B above - SIDEWALK ImROVEMEfiT NO. S-29
and the cost of said improvements is to be paid from Municipal State Aid Funds. .
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
-Ayes : Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
OXDINAXE NO. 8114147 GRANTED FIRST READING.
by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented
the petition of Landico, Inc., for a zoning change for property located on the
West side of France ave. and South of Morningside Road from C-4 Commercial Dis-
trict to PRD-5 Planned Residential District as recommended by the staff and the
Affidavits of Notice were presented
Community Ilevelopnent and Planning Commission,
is the vacant Morningside Texaco station and that the density and requested set-
backs are similar to those of the Regency on 51st and France, and that approval
should be subject to approval of setback variances by the Board of Appeals and
submission of an acceptzble overall development plan.
Schmidt's concern about a&iitj.ond on-street parking in +he area, Mr. Hughes said
that he would assume that visitors would be able to use enclose'd on-sight parking
which is in excess of enclosed parking required by ordinance. Mr. Hughes also
assured the Mayor that the proposed buildings would be no higher than adjacent
residential properties.
Mr. Hughes explained that the site
In response to Member
Mr. Howard &lLz of Landico was present as was an mi-
61 15/81
159
dentifiecl gentleman in the audience who espressed concern regarding the sufficiency
bf parking 0x1 the site.
Ordinance No. 811-A147 for First Reading as follows, with the condition that Second
Reading be granted only on approval of setback variances by the Board of Appeals
and Adjustments an! upon submission by the developer of an accepLable overall dev-
elopment plan:
No furth'er discussion being heard, Member Schmidt offered
ORDLNANCE NO. 811-AI47
01aXNANCE AMENDING THE ZONING ORDINNCE (NO. 811)
BY ADDING TO THE PLANNED FSSIDENTUL DISTRICT (pm-5)
THE CITY COUNCIL OF EDINA, l~lIh??ESOTA, ORDAINS:
Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is ea-
"The extent of the Planned Residential District (Sub-District PRD-5) is enlarged
The North 149.7 feet of Lot 79, Morningside (which is in Sub-District PRD-5)."
Sec. 2. This ordinance shall be in full force and effect upon its passage and
larged by adding the following thereto :
by the addition of the following property:
publication.
LEO EVANS PRD-2 ZONING REQUEST CONTINUED TO JULY 6, 1981. Affidavits of Notice
were presented by Clerk, approved as to form and ordered placed on file. Mr.
Hughes presented the peticion of Mr. Leo Evans for zoning change of property gen-
erally located South of Vernon Ave. and East of Olinger Road from R-1 Residential
District to PRD-2 Planned Residential District and advised that the staff and Com-
munity Development and Planning Commission had recommended approval, subject to
the following conditions and modifications:
provide the required setback from the South property line;
stalls should be provided on the site; and 3) Final zoning to be conditioned on an
acceptable overall development plan and final platting. He explained that the
subject property abuts developed single family lots on the South and Hawke's Lake
on the East, with single dwellings across Vernon Ave. to the North and two-family
dwellings across Olinger Eoad to the West. Mr. Hughes pointed out that the pro-
perty was designated as low-density attached residential use in the Western Edina
Plan and that the draft Comprehensive Plan also designates the property for low
density attached residential use. Coiincil was advised that preliminary plans
call for a 36 unit town house development for the property which would be served
by a private road with two entrances on Vernon Ave. Mr. Hughes added that the
overall. density of four imj.ts per acre approximates the density of single family
densities in general, with most of the lots abutting to the South measuring approxi-
mately 11,000 square feet in area (which equals about four units per acre) and that
other multi-f amily developments in the vacinity have considerably higher densities
Mr. Roger D. Clemence, representing the developer, suggested that, since there are
five members on the council and only three members were present at this meeting,
no vote should be taken at this time. Mr. Erickson opined that Council should
hear evidence at this time but that the hearing could be continued to the next
meeting and a vote taken at that time.
1981, for the record which proposed the following modification to the Community
Development and Planning Commission's recommendations : 1) that the property be
designated PRD-1, rather than PRD-2 which action would insure the neighbors that
there would be densities in the 4 unit per acre range rather than the 6 unit per
acre figure potentially allowable in a PRD-2 District; 2) that a median setback of
80 feet and a minimum distance of 70 feet from town homes to ehe South property
line be established which would provide a median setback of 80 feet and a mini-
mum distance of 70 feet from town homes to the South property line in that portion
of the property running from the East line 05 the Wegner property to Hawkes Lake;
3) that a well-planted and be-med buffer zone of 30 to 40 foot depth would be
planted along this section to the South property line in accordance with wishes of
residents; and 4) that, where chere had been seven units shown in the first 275
feet of the property East of the Wegner property, the nunber of dwellings would be
cut to six in order to reduce the general impact of housing along the South pro-
perty line; and 5) that it be understood that the total count of 36 dwelling units
not be changed.
ting forth conditions agreed upon at a June 3rd meeting between residents and the
proponent, the request that
and concern that once the project is starred, it must be conipleted. A letter
objecting to the proposed zoning Erein Nr. and 3llr.s. Earl W. Carson was also noted.
Also objecting to the proposal were Eessrs. John Cochran, 5513 Mero:i.d Drive, Johr,
Forney, 5821. Kerold Drive, Tom Space, 5900 Mcrolrl Drive and Bruce Stone
5721 Kawkes Drive, who advised CounciL that the Hzwtces Lake prcrpesrty OTTX-I~~S had
not been notified of this hearing.
that the plan has been misrepresented to neighbors and that the density 1s no!: four
units per acre, since one piece of 3.and ofi the East side of Rawlces Lake sholllrl not
have been included in the acreage calculated by the developer.
a
3 a a
0 m 1) Unit 3 should be eliminated to
2) Some guest parking
Mr. Clemence read a letter dated June 15,
Reference was also made to a statement submitted by neighbors set-
the derrsity oE the project be reduced by eleven units,
Mrs. b-lricki Gamer, 5816 Merold Drive, objected
Size analyzcJ klie
neighborhood and said that this would be the only area in the City in which there
was no buffer between single family and multiple residence properties. Mr. and
Nrs. Dennis Wegner, 5705 Olinger Rood, urged that the project be denied since
they would have seven families looking over their back yard. They suggested that
the proposed buffer sl!ould be continued and that the 80 foot setback should be
continued to Olinger lid. Mr. Wegner suggested that a single building condominium
might be more acceptable. Mr. Clemence said that there has been confusion about the
setback distance from the _rear property line along Pierold Drive and that only one
corner of the property which would be reduced to 45 feet, and agreed that the
length of the buffer would be no problem. He explained that-the town houses will
sell for a minimum of $150,000 each, and said that reducing the plans to 25 units
would be less than if the land was developed with singie family homes. Nr. Cle-
mence added that all of the property along IIawkes Lake are not buildable lots.
He emphasized also that there will be further modifications to the plan and that
it is designed to retain existing vegetation and to recognize the old right-of-way
of Highway 169. Nr. Clemence also said that there has been no experience of dif-
ficulty in selling town houses. No further discussion being held, Member Schmidt
moved that the hearing be continued to July 6, 1981, and asked that Council be
furnished with drawings which would indicate the proposed grade of the development
both from Herold Drive and from Vernon Avenue. Motion was seconded by Member
Turner.
Ayes: Schmidt, Turner, Courtney
Nays: None
Motion carried.
In response to a request from the audience, the Mayor asked that notices of the
continued hearing be sent to property owners.
ONE CORPORATE CENTER PHASE 6 GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of
notice were presented by Clerk, approved as to form and ordered placed on file.
Mr. Hughes presented preliminary plat for One Corporate Center Phase 6, as recom-
mended by the Community Development and Planning Commission and advised that this
proposed plat is generally located East of Ohms Lane and West of Netro Blvd. He
explained that, as with Phase 5, a townhouse type office development is proposed
with eight one and two story buildings and that, for traffic circulation and parking
purposes, the plat Tcill be joined with Phase 5.
mendation for approval is based on the following conditions:
CTty of an executed Devel-oper's Agreement;
tion covering a small part of the Northeasterly portion of the property abutting
Nine Mile Creek, which restriction is necessary to provide a 50 foot setback
from the creek which will be slightly relocated in connection with the construc-
tion of I?. 71st St; 3) Receipt of a grading permit from the Nine Mile Creek
Watershed District; 4) Execution of an agreement between the proponent and the
City regarding the design of the townhouse offices, which agreement will be identi-
cal to that prepared for Phase 5; 5) Approval of the requested variance by the
Board of Appeals. In respocse to a question raised by Mrs. Alison Fuhr, Mr. Bahne-
man advised that energy efficiency of buildir\.gs of this type can be brought up to
standard by use of additional insulation.
division dedication had already been made to the City.
member Schmidt offered the following resolution and moved its adoption:
Mr. Hughes advised that recom-
1) Receipt by the
2) Receipt of a conservation restric-
It was also pointed out that the sub-
No objections being heard,
RESOLUTION' APPROVING
FINAL PLAT OF ONE CORPORATE: CENTER PHASE 6
BE IT RESOLVED by the Edina City Council that that certain plat known as One Cor-
porate Center Phase 6, platted by Ryan Construction Company of Minnesota, Inc.,
and presented at the Edina City Council Meeting of June 15, 1981, is hereby
granted preliininary plat approval.
Motion for adoption of the resolution was seconded by Member Turner.
Ayes : Schmidt , Turner, Courtney
Nays: None
Resolution adopted.
LOIS 7TH ADDITION GRANTED FINAL PLAT APPROVAL.
for final plat approval for Lois 7th Addition as recommended by the Community
Development and Planzling Commission,
raised, it was clarified that the City had requested this plat to clarify a legal
description.
that the property was already zoned Planned Industrial District. 310 further dis-
cussion being heard, Member Turner offered the following resolution and moved
its akoption:
Mr. Hughes presented the petition
The question of subdivision dedication being
Mr. Hughes pointed out that nr3 new intensity is being created in
RESOLWIQN GRANTTNG FINAL PLAT AFPROVAL FOR
LOIS 7TH ADDITION
BE IT RESOLVED by the Edina City Council that that certain plat known as Lois 7th
Addition, platted by John R. Paulson and Tais V. Paulson, husband and wife, and
presented at the EJina City Council MaeCing of June 15, 1981, be and is hereby
grznted Final Plat Approval.
G/ 15/81
Motion for adoption of the reso1ut:lon was seconded by Member Schmidt,
Rollcall :
Ayks : Schmidt , Turner, Courtney
Nays: None
Resolution adopted.
161
MRS. MARY LOU HINES REQUEST FOR TWO ADDRESSES FOR ONE SINGLE FAMILY HOME DENIED.
Council's attention was called to a letter from Mrs. Mary Lou Hines, 5601 Oakla~ni
Ave., requesting the City to assign a street address to the walk-out entrance to
her home which faces W. 56th St. She advised that this request is being made to
have a separate mailing address for their manufacturer's representative business,
Associated Craftsmen, Inc., and that the business activitied in the lower level
of their home will not conflict with the Zoning Ordinance.
Council that there are no similar cases in the City and that there has been a
Mr. Bahneman advised
policy to use only one address because it would
calls a3d for the Post Office. Member Turner's
Member Schmidt.
Ayes: Schmidt, Turner, Courtney
Nays: None
Motion carried.
be confusing for fire and police
motion €or denial was seconded by
STREET IMPROVEMENT NO. BA-247 BID AWARDED. Mr. Rosland presented tabulation of
twelve bids received for Street Improvement No. BA-247 (Phase 11) showing Buesing
Bros. Trucking, Inc. low bidder at $212,617.06, Wangerin, Inc. , at $221,439.44;
Acton Construction Co. , Inc. , at $234,820.00; G. L. Contracting, Inc. , $245,348.60;
M. G. Astleford Co., Inc., at $245.350.80; A.C.G. Mechanical, Inc., at $249,897.10;
and Northdale Construction Co., Inc., at $299,950.00, against Engineer's estimate
of $240,051.00. Member Schmidt's motion for award to recommended low bidder, Eues-
ing Bros. Trucking, Inc., at $212,617.06, was seconded by member Turner.
a
3 a U
CD
Ayes : Schmidt , Turner, Courtney
Nays: None
Motion carried.
USED PORTABLE GENERATOR SET BIDS CONTINLqD TO JULY 6, 1981. As recommended by Mr.
Rosland, motion of Member Schmidt was seconded by Member Turner, continuing award
of bSd for a used portable generator until July 6, 1981.
Ayes : Schmidt , Turner, Courtney
Nays: None
Motion carried.
PORTABLE BLEACHERS ON TRAILER BID AWARDED. Mr. RDs1an.d presented tabulation of two
bids for six portable bleachers on a trailer showing Minnesota Playgrounds 1.057
bidder at $9,830.00 and Park Products, Inc., at $10,935.00. Motion of Member Turner
for award to recommended low bidder, Ennesota Playgrounds, at $9,830 .OO was seconded
by Msmber Schmidt.
Ayes : Schmidt , Turner, Courtney
Nays: None
If0 tion carried.
PLAYGROUND EQUIPMENT BID AWXDED.
for niiscellaneous playground equipment, showing Earl F. Anderson & Associates low
Mr . Rosiand presented tabulation of two bids
bidder at $6,499.10 and Bob Klein & Associates at $7,210.00.
Schmidt was seaonded by Msmber Turner for award to recommended low bidder, Earl I?.
Anderson Sr Associates , at $6,499.10.
Ayes : Schmidt, Turner , Courtney
Nays: None
Motion carried.
Motion of Member
*
GOLF CART BID AWARDED. Mr, Iiosland presented tabulation of two bids for three
replacement golf carts showing Golf Car Midvest low bidder at $5,450.00 and Cush-
man Motor Company at $7,005.00.
low bidder, Golf Car Midwest, at $6,450.00 was seconded by Member Schmidt.
Member Turner's motion for award to recommended
Ayes : S chnidt , Turner , Courtney
Nays: None
Mot ion carried.
BnhENAE: GOLF COURSZ IRPJ%ATION WELL REPRIII BID AWARDED.
tabulation of three bids for repairs to Braemar Golf Course Irregation Well NO..^
showing Bergerson Caswell
at $10,000.00 and Layne Minnesota at $10,770.00.
award to recornmended lob7 bidder , Bergerson Caswell, Inc., at $9,600 .00 was
secondcd by Member Turner.
Mr. Rosland presented
Inc. , low blddnr at $9 , 600.00 , Keys \ifell. Drilling co .
Motion of Nember Schmidt for
Ayes : Schmidt:, Turner, Courtney
Nays: None
Mot ion carried.
61 15/81
162 .,
FIRE HOSE BID AWARDED. Mr. Rosland presented tabulation of two bids for 400 feet
of 4 inch fire hose showing Oswald IIose Company at $1,800 and Elidcentral Co. at
$2,400. Motion of Member Turner for award to recommended low bidder, Oswald Hose
Company, at $1,800, was seconded by Member Schmidt.
Ayes : Schmidt , Turner, Courtney
Nays: None
Motion carried.
CITY INSURANCE RENEWALS FOR 1981-1982 ANARDED. Nr. Rosland recalled that, it has
been City policy to remain with an agent and company for a period of three years
unless annual rates increased substantially and advised that rates for renewal
for 1981-82 (the second of three years) will remain constant, with increase in
premium reflecting the change in rate base (payroll, property values, sales, etc.)
As. recommended by 3%. Rosland member Schmidt's motion vas seconded by Member Turner,
for renewal of insurance for 1981-1982 as follows:
I
Coverage
General Liability
Company
Home
Premium
$ 66,956
Workers Compensation Home 236 , 708
Liquor Liability Home 21,120
Auto Liability & Auto Physical Home 14 , 500
Buildings/Contents & Business Interruption Continental 16,018
Mobile Equipment Continental *
Transit Continental 3c
Voting Machines Home 247
Fine Arts Home 8
Money and Securities Con tinen tal *
Ambulance Attendants Nor thbrook 900 * Included in Buildings package.
Ayes : Schmidt , Tumer , Courtney
Nays: None
Motion carried.
Mr. Rosland then recommended that the City increase its umbrella coverage which
has been at $3,000,000 for at least 6 to 7 years to $5,000,000, advising that the
$3,000,000 coverage will cost $12,075.00 and $5,000,000 coverage will cost
$13,075, with either policy to .be placed through John H. Crowther with the R.L.I.
Insurance Company.. Mr. Rosland explained that, while the City has never utilized
its umbrella policy to date, increasingly large awards made by the Courts 'have
made him suggest the higher limits, both to protect the City and any injured person.
Mr. Erickson pointed out that State Statutes provide that cities are liable for
their torts to the extent of $300,000 if more than one person is injured in the
same accident and that the City waives that maximum if it has insurance and that
it is then liable for the extent of the insurance that it carries, if in excess of
the $300,000. He clarified that, if the City has insurance limits of $3,000,000, I
it is liable for that amount, and added that, while govemnent immunity has been
questioned over the years, it has never been overturned.
axthorizing $3,000,000 umbrella insurance from John H. Crowther with the R.L.I.
Insurance Company at $12,075.00, was seconded by Member Turner.
I
Member Schmidt's motion
Ayes : Schmidt , Turner, Courtney
Nays: None
MOtioE carried.
HEEWAN HILLER ASSORTED PARTITIONS AND KARDWARE PURCHASED. Mr. Rosland advised
Council of an opportunity to purchase assorted partitions and hardware which have
been used by Larkin-Hoffman for $2,500, and explained that these partitions, if
new, would cost $16,000.
partitions and hardware was seconded by member Turner.
Member Schmidt's motion authorizing purchase of the
Ayes: Schmidt, Turner, Courtney
Nays: None
&tion carried. I- TRAFFIC ShETY COFDfITTEE MINUTES OF JUNE 9, 1981, REVIETED.
that
striping and other advisory and warning devices to promote safety on the roadway
in the area of 65th and Gleason Road, and also that the Police Department closely
monitor accident statistics through the start of the 1981/52 school year when
greater traffic may be expected and also for approval of action talcen by the
Traffic Safety Committee in Section C. Motion was seconded by Member Turner.
Member Schmidt moved
a survey be undertaken by the Engineering Department as to signs, centerline
Ayes: Schmidt, Turner, Courtney
Nays: None
Motion carried. 7.
SE3DIVISIOS DEDICATICS GUIDELINES REVIEW CONTINUED TO JULY G , 1381. As recommended -
..
61 15/81
m 0
B)
by Mr. Itosland, Member Schmidt's motion continuing discussion of subdivision dedi-
cation guidelines review to July 6, 1981, was seconded by Member Turner.
Ayes : Schmidt , Turner, Courtney
Nays: None
ASSOCIATION OF METROPOLITAN MUNICIPALITIES POLICY STUDY CObMITTEES/ISSUES DISCUSSED.
Mr. Rosland advised Council that the Board of Directors of the Association of Metro-
politan Municipalities will be appointing
to begin the process of developing legislative policy for the 1983-54 legislative
tjiennium and asked that those interested in serving on an AMM committee to let
him know. No action was taken.
Legislative Policy Study Comniittees
STATE HEALTH ADVISORY COMMITTEE APPOINTMENTS MADE.
adoption of a resolution appointing Member Schmidt
Healty Advisory Committee and Mr. Velde as Edina's
by Member Turner:
BE IT RESOLVED by the Edina City Council that Mrs.
RESOLUTION
Mayor Courtney's motion for
as Edina's member on the State
alternate member was seconded
'I i
June A. Schmidt be and is
hereby appointed as Edina's member on the State Health Advisory Committee and that
Mr. David Velde be and is hereby appointed as Edina's alternate member on the
State Health Advisory Committee.
Rollcall :
Ayes: Schmidt, Turner, Courtney
Nays: None
Motion carried.
EDINA/BLOOMINGTON LAND EXCHANGE APPROVED.
Bloomington, R.H.P., the Radisson South and the City of Edina for the exchange
of land and a Joint Powers Agreement was presented to the Council.
thereupon offered the following resolution and moved its adoption:
The agreement between the City of
Member Turner
RESOLUT~ON APPROVING AGREEMENT
BE .IT RESOLVED by the Edina City Council that that agreement for the exchange of
land between the City of Bloomington, R.P.P., Radisson South and the City of Edina
be and is hereby approved; and
BE IT FURTHZR RESOLVED that the Mayor and Manager are hereby authorized to enter
into such agreement.
Motion for adoption of the resolution was seconded by Member Schmidt.
Rollcall :
Ayes : Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
Member Turner then offered the following resolution and moved its adoption:
RESOLUTION EXPRESSING THE CITY OF EDINA';S DESIRE TO
DETACH AND ANNEX CERTAIN LANDS FROM AND TO BLOOMINGTON
AND FROM AND TO EDINA
.WHEREAS, the City Council of the City of Edina is the official governing body of
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 Exhibit A (the
"RHP 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 concur-
rent resolutions of the two councils of the two municipalities pursuant to Minne-
sota Statutes Section 414.061; and
WHEREAS, it is the desire of the Cfty of Edina that the RHP Property described 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 resoluticns 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 Radisson South Property
described in Exhibit B be concurrently detached from the City of Edina and annexed
to the City oE Bloomingtoix; and
WHEREAS, this resolution is being adopted concurrently with a similar resolutf.oa
by the Citjl Council ol' the City of Bloomington approving the detachment and
annexation of the properties as provided above and is to he contingent upon adop-
tion by the Bloomington City Council of said resolution;
NObJ, THEKITFORE, BE 11 TdSOLYED by the Ci~y Council of the City of Edina iii hgular
Meeting assembled, that the above described concurrent detachment atid annexation
of said properties he effective i.ipoii the issuance of the order of the Mnnesota
Plunicj-pal Board or at such later date as provided by the Board in its order.
61 15/81
EXIIBIT A --- The "UIP Prop e r t y It)
Tlle following described land in the County of Hennepin, State of Plinnesota:
That part of the Northeast Quarter of the Xorthwest Quarter, Section 18, Township
116, Range 21, lying North of the Northerly right-of-way line of Interstate
Highway Number 494, said Northerly right-of-way line is described as follows :
Commencing at the Northwest corner of the Northwest Quarter of said Section 18;
thence on a bearing of South along the West 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 a 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-
ofsway line to be descr2bed; thence South 59 degrees 17 minutes 55 seconds East
to eaid point "A1'; thence South 73 degrees 02 minutes 49 seconds East a distance
Of 528.11 feet; thence South 88 degrees.00 minutes 39 seconds East a distance of
I5O=33 feet; thence North 89 degrees 10 vinutes 30 seconds East a distance of
271*57 feet; thence Easterly along a tengential 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 corner of said North-. .
west Quarter of the Northeast Quarter; 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-
pin. County, Minnesota, thence Vesterly along said Northerly right-of-way line to
the West. line of said Northwest Quarter of the Northeast Quarter; thence North
Except, however, for such portions of the foregoing property as may now Or here-
after as a result of the platting of the foregoing property while in the City of
Bloomington, be subject to easements for public streets, roads or highways
*
I . -
. cribed in Book 2354 of'Deeds, page 169, office of the Register of Deeds, Henne- - .
- along said Vest line'to the point of beginning.
, (EXHIBIT B)
(the "Radisson South Property")
The following described land in the Gounty of HeMepin, State of Minnesota:
That part of Lot 3 lying East of the East line of Lot 2 and its Northerly exten-
sion 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 office of the Registrar of Titles in and for Hennepin
County, Minnesota.
Except, however, for such portions of the foregoing property as are within, or
subject to easements for, the right-of-way of State Highway No. 100, including
within this exception the frontage road along the Vest side of, and within, said
right-of-way.
Motion for adoption of the resolution was seconded by Member Schmidt.
Rollcall :
Ayes : Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
- JANES VAN VALKENBURG REAPPOINTED TO EDINA FOUNDATION. As recommended by the Eayor,
Member Schmidt's motion was seconded by Member Turner, reappointing Mr. James
Van Valkenburg to a three year term of office on The Edina Foundation Board of
Directors, which term of office will run to June, 1984.
Ayes : Schmidt , Turner, Courtney
Xays: None
Motion carried.
VAN VALKENBURG PARK GRAVEL SALE APPROVED.
Van Valkenburg Park, noting that it willbe necessary to remove gravel in order to
have a satisfactory grade. He recommended that bids be taken for the gravel, with
the proceeds going toward cost of the park development.
authorizing the sale of gravel (based on amaxCmun bid) from Van Valkenburg Park,
with the understanding that proceeds from the sale be used to defer the expense of
the park development, was seconded by Member Turner.
lfr. Hoffman explained the elevation of
Member Schmidt's motion
Ayes : Schmidt, Turner, CmrLney
Mays: None
-Hotion carried.
oi 1.51 81
165 - H .R.A. LAND ACQUISITION HEARING DATE SET. As recornmcndcd by Nr . Hughes, Member
Schniidt's motion setting July 6, 1981, as hearing date for acquisition of lnnd,
generally located West of York Ave. and North of Parklaxa Ave. extended, for the
H. R.A. was seconded- by Member Turner.
Ayes : Schmidt, Turner, Courtney
Nays: None
Motion carried.
MAYOR COURTNEY APPOINTED TO LEAGUE OF. MINNESOTA CITIES BOARD. timber Turner
advised Council of her pleasure that Mayor Courtney had been appointed to the Board
of Directors of the League of Ninnesota Cities. .
CEIL SNITH APPOINTED TO BOARD OF NOMEN IN CITY GOVERNMENT.
her congratulations to lls, Ceil Smith upon her appointment to the Board of idomen
in City Government.
Meniber Turner offered
LEAGUE OF MINNESOTA CITIES REPORT TO BE AVAILABLE AT NEXT MEETING.
advised that she will distribute notes taken at the League of Minnesota Cities .
Annual Meeting at the next Council Meeting and expressed her zppreciation for being
able to attend.
Member Turner
STORM DAMAGE hSSESSMENT/CLEAN-UP REPORT GIVEN.
mately $2,000,000 property damage was caused by the June 14, 1981, tornado and
advised that approximately$1,000,000 of this damage took place in the 50th and
France business area, with park damage estimated at $45,200.00.
clean-up efforts have been outstanding and complimented the City staff for their
excellent work and cooperation. Mr. Rosland advised that City crews are picking
up trees and branches on City boulevards. No action was. taken.
NOTICE OF MOTION AND MOTION TO COPPEL ARBITRATION FOR FIREFIGHTERS SERVED ON CLERK.
Council was advised that the Clerk had been served with "Notice of Motion and
Motion to Compel Arbitration" on behalf of the International Association of Fire-
fighters, Local 1275. The Notice was referred to the City Attomey. No formal
action was taken. .
Mr . Rosland reported that approxi- m 0
CT) He said that
a
MARK BERNHARDSON NBQD ASSISTANT CITY MANAGER. Mr. Rosland recommended the pro-
motion of Mark Bernhardson to Assistant- City Manager, advising that, should Mark
no longer work for the City, .the position would revert to Administrative Assistant.
Member Schmidt's motion naming Mr. Bernhardson Assistant City Manager 57as seconded
Ayes : Schmidt , Turner, Courtney
Nays: None
Motion carried.
by Member Turner. '. r
HUMAN RELATIONS COMMISSION FUNDS GRclrNTED FOR PEER EDUCATION PROGRAM. Nr. Rosland
advised that the Human Relations has asked to spend $SO0 which is in their budget
for training two student leaders in the Peer Education Program. Advising that
this request has come from the Community Task Force on Chemical Abuse Problems,
Member Turner's motion that the funds be allocated as budgeted was seconded by
Member Schmidt .
Ayes : Schmidt Turner, Courtney
Nays: None
Motion carried.
TAX FORFEITED LANDS DECLAEED NON-CONSERVATION AND FOR SALE. Mr. Rosland presented
Hennepin County Tax Forfeited Land Classification List No. 660-NC, advising that
these lands are not needed by the City. Member Schmidt thereupon offered the
following resolution and moved its adopt ion :
RESOLUTION
WHEREAS, the City Council of the. City of Edina has received from the County of
Hennepin a list oE lands in said muizicipality which became the property of the
State of Minnesota for non-payment of real estate taxes, which said list
has been designated as Classification List No, 660-KC; and
WHEREAS, each parcel of lsnd described in said list has heretofore been clnssiEicd
by the Board of County Commissioners of Henriepin County, Xint~eso ta, as non-con-
servation land and the sale thereof has herstofore been authorized by said Board
of County Commissioners ;
NOIJ, THEREFORE, BE IT RESOLVED by satd City CounciL, acting pursuant to Mimesota
Statutes 282, that the said clsssification by, said Board of County Commissj-oners,
of each parcel of land be and the same is hereby approved, and. that the sa1.e of
each such parcel of land be and the same is hereby approved.
Notion for adopti.on of the resolution was seconded by Member Turner,
6/15/81
Ayes : Schmidt , Turner, Courtney -
Nays: None
$10 t ion carried.
P-BA-250 NEW HEARING DATE SET. As reconimended by Nr. Hoffman, Member Turner
offered the following resolution and moved its adoption:
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
PERMANENT STREET SUXFACING WIT11 CONCRETE CURB AND GUTTER
S .A.P. 120-138-03 .
1.
the feasibility of the proposed improvemcnt described in the form of Notice of
Hearing set forth below, and as to the estimated cost of such improvements, said
report is hereby approved and directed to be placed on file in the office of the
City Clerk.
2. This Council shall meet on Monday, July 6, 1981, at 7:OO p.m. in the EdZna City
Hall, to consider in public hearing the views of all persons interested in said.
improvements.
3.
place and purpose oE said meeting to be published in the official newspaper once
a week for two successive weeks, the second of which publication is to be not
less than three days from the date of said meeting, and to mail notice to all
AND SIDEWALK IPPROVEMENT NO. P-BA-250
The City Engineer, having submitted to the Council a preliminary report as to
The City Clerk is hereby authorized and directed to cause notice of the time,
affected properties in substantially the following
(Official Publication)
4801 W. 50TK STWET
CITY OF EDmA
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEmING
form:
PERMANENT STREET SURFACING
IMPROIEblENT NO. P-BA-250
WITH COHCRETE CURB AND GUTTER AND SIDEWALK
S .A.P. 120-138-03
"HE EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, July 6, 1981,
at 7:OO p.m., to consider the following proposed improvement to be constructed
under the authority granted by Minnesota Statutes, Chapter 429. The approximate
cost of said improvement is estimated by the City as set forth below:
PERMANEXT STREET SURFACING WITH CONCRETE CURB AND GUTTER
ABD SIDEWALK
ESTIMATED '60ST
Improvement No. BA-250
S .A.P. 120-138-03 $173,231.38
Dewey Hill Road from Delaney Boulevard to Cahill Road
The areas proposed to be assessed for a portion of the cost of the proposed'.
improvement hcludes : Outlot B , TJilliam Wardwell Lewis Park Addition, Lots 1
thru 3, Block 1, Dewey Hill Estates; (1) All units in Dewey Hill West, A Condomi-
nium - Apartment Ownership No. 219.
BY ORDER OF THE CITY COUNCIL.
Florence B. Hallberg
City Clerk
Hotion for adoption of the resolution WBS seconded by Uember Schddt.
Rollcall : c-
Ayes : Schmidt , Turner, Courtney
Nays: None
Resolution adopted.
CLAINS PAID. Motion of Meinber Turner was seconded by Xember Schmidt for payment
of the following Claims as per Pre-List dated June 15, 1981: General Fund, ..
$119,102.99; Park Fund, $15,264.27; Art Fund, $58,139.73; Swimming Pool,
$2,030.21; Golf Course, $16,832.31; Arena, $13,427.33; Gun Range, $128.76; Water
Fund, $22,398.79; Sewer Fund, $119,161.43; Liquor Fund, $83,135.41; Construction
Fund, $73;b05.37; Total, $522,627.60; and for confirmation of payment of the
following Claims:
Park Construction, $74.10; Golf Course, $800.78; Recreation, $6,476.20; Water -
Fcnd, $15.00; Liquor Fund, $302,241.80; Construction, $30,071.26; Total, )i
$429 , 771.64.
General Fund, $89,824.60; Park Fund, $131.10.; Art Fund, $136.80;
Ayes : Schmidt, Turcer, Courtney
Nays: None
Hot: ion carried.
No further business appcaring, the Xia37or declared the rceetfng adjourned at lGrOO
p .m. *.
#
I '* Ci'ty" Clerk . Iy