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HomeMy WebLinkAbout19810706_regularMINUTES OF REGULAR COUNCIL MEETING OF EDINA CITY COUNCIL HELD AT CITY HALL JULY 6, 1981 167 Answering rollcall were members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. MINUTES of May 18, June 1 and 15, 1981, were approved as submitted by motion of? Member Turner, seconded' by Member Schmidt. Ayes : . Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. PUBLIC IMPROVEMENTS AUTHORIZED. approved as to form an'd ordered placed on file. Affidavits of Notice were presented by Clerk, Pursuant to due notice given, public hearings were conducted and action taken as hereinafter set forth. A. STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. P-BA-249 IN THE FOLLOWING: Dewey Hill Road from Delaney Blvd. to Gleason Road P-EA-250 IN TKE FOLLOWING: B. STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. Dewey Hill Road from Delaney Blvd. to Cahill Road Public hearings on 3mpruvements Nos. P-BA-249 and P-BA-250 were conducted concur- rently. Mr. Rosland recalled that Council had previously authorized construction of Street Surfacing with Concrete Curb and Gutter and Sidewalk Improvement NO. P-EA-249 as listed above, but because of improper notice this hearing is again be- ing conducted. He presented total estimated construction cost at $199,590.51, advising that this improvement is proposed as a continuhtion of the upgrading of the City's Municipal State Aid Street System and that, in accordance with City policy, the assessable rate per front foot of single family residential property is $22.00, with $33.00 being the assessable rate per front foot for multiple residential property, and added that all sidewalk costs are proposed to be paid from Municipal State Aid Funds. Mr. Rosland presented total estimated construc- tion cost for Permanent Street Surfacing, Concrete Curb and Gutter and Grading Improvement No. P-BA-250 at $173,231.38, with $37,411 .OO proposed to be assessed against multiple dwellings at $33.00 per assessable foot and against single family dwellings at $22.00 per front foot. Council's attention was called to a letter from Mr. C. J. Quinlan, 5601 Dewey Hill Road, requesttng that a sidewalk be constructed along Dewey Hill Road between Delaney Blvd. and Cahill Road. Council was advised that there are paths through William Wardwell Lewfs Park which should be adequate to reach the Cahill Shopping Center and also for walking or jogging. Mr. Hoffman also pointed out that, if the improvement is authorized, parking should be restricted to the South side of the street. Mr. Donald Berg- quist of Dewey Hill West was told that all three Devey Hill West units would be equally assessed at an estimated cost of $75.00 per condominium unit. discussion was heard. (See Resolution Ordering Improvements later in Minutes .) C. No further PERELANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. PrBA- 248 IN THE FOLLOWING: Grove Street from Johnson Drive to M.N.&S. Railroad Tracks Recalling that this hearing had been continued from the Council Xeeting of June 15, 1981, so that corrected notice could be glven, Mr. Rosland. presented total estimated construction cost at $66,383.88, proposed to be assessed against 1,461.19 assessable feet at $37.69 per foot. had been received for the improvement, as well as to a letter from Mr. K. L. Kasden, 5521 Grove St., requesting the Council to authorize the improvement. Ik. Hoffman pointec? out that the City has insufficient right-of-way on the North side of the street 2nd will have to negotiate for additional right-of-way in order to construct the project. offered the following resolution and maved its adoption: He referred to a petition ihich No objections being heard, Member Schmidt RESOLUTION ORDERING ILPROVEMENTS NOS. BA-248, BA-249 AND BA-250 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that this Council heretofore caxsed notice of hearing to be duly published and mailed to owners of each parcel within the area prcjposed to be assessed on the following proposed improvements : A. CONSTRUCTION OF STREET SURFACING XITH CONCRETE CuliB AND GUTTER AND SIDEWALK IMPROVEMENT NO. I?-BA-249 IN THE FOLLOIJING: Dewey Hill Road from Delaney Blvd. to Gleason Road B. CONSTRUCTION OF STIiEET SURFACING WITH CONCRETE CURB AND GUTTER IMF'ROVEMENT NO. P-BA-250 IN THE FOLLOWING: Dewey Hill Road fron! Delaney Blvd. to Cshill Road C. CONSTWCTION OF PERMANENT STREET SURFACING WITH CONCRETE CUEU3 AND GUTTER IMPROVEMENT NO. f-IIA-248 IN THE FOLLOtdII'?G: Grove Street froin Johnson Drive to X.N.6 S. Railroad Tracks i 7/6/81 and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advisedof the pertinent facts does hereby determine to proceed with the construc- tion of said improvements, including all proceedings which may be necessary in emilient domain for the acquisition of necessary easements and rights for construc- tion and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: Improvement No. A above - STREET SURFACING AND CONCRETE CURB AND GUTTER AND Improvement No. B above - STREET SUIIFACING WITH CONCRETE CURB AND GUTTER Improvement No. C above - PERMANENT STREET SURFACING WITH CONCRETE CURB and the area proposed to be assessed for Improvement No. BA-249 above shall include Lots 9 and 10, Block 2, Schey's Parkview Third Addition; Lot 7, Block 3, Schey's Parkview Third Addition; Lots 1, 5, 6, 19, Block 1, Holands 1st Addi- tion, Lots 1 thru 3, Block 1, Lots 1 and 2, Block 2,.Fjeldheim Addition; Lots 9 thru 15, Block 3, Kemrich Knolls Addition; Lot 2, Block 2, William Wardwell Lewis Park Addition; the Easterly 90.0' of the Westerly 280.0' of the Southerly 163.0' of the Easterly 792.54' of the S)ri of the SEk of the Nwk, except road, Sec. 8, Township 116, Range 21; Lots 1 thru 4, Block 1, Hyde Park Addition; Lots 1 thru 4, Block 1, Hyde Park 2nd Addition, Lots 1 thru 3, 18, 19, 26 and Outlot E, Block 1, Dewey Hill Addition; Lots 1 and 14 Block 1, Lyle Buchanan Addition and Outlot A, Dewey Hill Estates Addition; and the area proposed to be assessed for Improvement No. BA-250 above shall include Outlot By William Ward- well Lewis Park Addition; Lots 1 thru 3, Block 1, Dewey Hill Estates; (1) All units in Dewey Hill West, A Condominium - Apartment Ownership No. 219; and the area proposed to be assessed for the cost of Improvement No. BA-248 above shall include Lot 1, Block 1, Warden Acres Scheflo Replat Addition; Lot 1, Block 1, Lots 1 thru 3, Block 2, Warden Acres Austin Replat Addition; Lot 38, Varden Acres Addition; Lot 1, Block 1, Lots 1 and 2, Block 2, Warden Acres Peterson Replat Addition; Lot 15, Block 1, Edina Parklands Addition; Part of Lot 5 and Lot 6, Garden Park Addition. Mction for adoption of the resoyution was seconded by Member Turner. SIDEWALK IIPROVEMENT NO. BA-249 IMPROVEMENT NO. BA-250 AND GUTTER 1MPRO.VEMENT NO. BA-248 I Rollcall : Ayes: Bredesen, Richards, SchmLdt, Turner, Courtney Nays: None Resolution adopted. WINFIELD DEVELOPMENT ZONING REQUEST CONTINUED TO AUGUST 3, 1981. Mr. Ros-land recalled that the Winfield Development request for Mixed Use Development zoning for the area generally located South of W. 76th Street and West of Yo had been continued from June 1, 1981. As recommended by Mr. Rosland, Member Richards' motion was seconded by Member Turner continuing the matter further to August 3, 1981. Ayes : Bredesen, Richards , Schmidt , Turner, Courtney 'Nays: None 140 tion carried. Avenue LEO EVANS PHI-2 ZONING REQUEST CONTINUED TO SEPTEMBER 14, 1981. Mr. Eughes pre- sented the request of Mr. Leo Evans for zoning change, which petition had been continued from the Council Meeting of June 15, 1981, so that the developer could respond to concerns expressed at that time. Mr. Roger D. Clemence, representing the developer, showed drawings of the proposal as originally proposed, along with new graphics showing newly proposed plans which, he said, responded to the con- cerns of the residents. Mr. Clemence said that the proposal still has the capacity for modification. He reviewed the proposed elevation at Vernon Ave., Merold Dr. aad Wycliffe Road and pointed out that the road will not extend into single family areas. Mrs. Ronald Gamer, 5816 Merold Drive, spoke in behalf of property owners in the area, and said that it is a false premise that a reduction in density to 25 units is below what could be platted on the property. spoke to a local architect, Howard Golta, who did a study of this parcel of land four years ago. She showed two plats containing.20 and 21 lots on the property. Mrs. Gamer spoke of residents' concern that they do not yet know who the builder will be and concern also that a builder might make changes in the prelim- inary plans "that are better made before voting on the First Reading, rather than later". Mrs. Gamer also expressed her concern about the accuracy of the Environ- mental Quality and Planning Commission Minutes of May 27, 1981, in'which it was stated that as many as 4.8 single family lots per acre could not be platted on this property and said that the density in the surrounding area is about 3 to 3.2 units per acre. She objected also that the Minutes pointed out that PRD-2 rezoning was compatible with the Western Edina Plan, "when, in fact, this area is designed for low densicy (four units per acre maximlim)" with PRD-2 allowing I She said that neighbors 7/6/ 81 0 169 for six.units per acre and four story units which she considered totally inconsis- tent with the low density designation and with the surrounding neighborhood density and building heights. Mrs. Gamer also requested that, if the project is approved, a landscaping bond be posted for the entire buffer area along the South property line before any construction is started and also that the entire South buffer zone landscaping be put in, if and when the construction begins. Council's attention was also called to a letter from Mr. and Mrs. Earl Carson, 5908 Merold Drive, objecting to the project. Mr. Alexander Sherbanenko, 5812 Merold Drive, read from the Western Edina Land Use Plan and said, that in con- formance with the Plan, the density should be reduced by eleven units. The Mayor read a memorandum from Mr. Hughes, stating that the Density Clarification Policy should not affect the density for this property. Speaking in opposition to the project were Mrs. Diane Wegner, 5705 Olinger Road, who objected that her 513 foot lot would be bordered by twelve dwelling units. Mr. and Mrs. Thomas Spaeth, 5900 Merold Drive, were particularly concerned that the property would not sell and that the townhouse developments are an "unknown" as to how they will be accepted. It was pointed out by neighbors that the subject property is an integral part of the neighborhood and a continuation of existing back yards. Mrs. Gamer requested that the hearing be continued to find out 1) if there is a market for townhouses; 2) whether a builder has been retained; 3) the quality of work done by the builder; 4) how:densities deviate from the Western Edina Plan; and 5) how the development could more closely conform to the surrounding area. It was suggested that Council study the plan further in light of the changes made since the last meeting. Mr. Clemence spoke of his original request for PRD-1 zoning and said that the PRD-2 zoning had been suggested by the City staff because no variances would be required. He asked that the record show that Mr. Goltz said he believes that the plan pre- sented tonight is better than the plan presented by the Planning Commission. Mr. Clemence said that questions of the builder and the marketability of the project are items that can be addressed at a later time. Mr. Dennis Wegner, 5705 Olinger Road, asked that the 80 foot buffer be continued all around the property and spoke of his concern about retzinfng natural vegetation in the area. sen expressed his concern about the tentativeness of the development and the fact that there is no other development in this area which could be used as an example of the way the final development would appear. concept cannot change once it has been approved, but that there is nothing in the City ordinances which describe the quality that will be put in a building or how large that building might be, Member Richards spoke about the various types of development along Vernon Ave. and said that he could sGpport 25 or 26 townhouses but that he would not support 36 townhouses. Other suggestions of the Council were the possibility of double bungalows or single family houses backing up.:to the existing single family homes, with mul'tiple units on the Vernon Ave'. end of the property. but that she thought a clustering of housing would preserve more open space. As recommended by the Mayor, Nember Richards, moved that the hearing be continued to September 14, 1981, to give Mr. Clemence an opportunity to work with Mr. Evans to provide additional plans for the site. Member Brede- Mr. Erickson clarified that a Member Turner said that she agrees with the Westem Edina Plan Ayes : Bredesen , Richards, Schmidt , Turner, Courtney Nays: None Motion carried. ORDINANCE NO. 811-A145 GRANTED SECOND READING; PUBLICATION TO BE WITHHELD. Mr.- Hughes presented Ordinance No. 811-A145 for Second Reading, r.ecalling that Centex H&es Midwest/Manor Homes of Edina have requested a zoning change from R-1 Residential District to PRE-3 Planned Residential District for property generally located East of County Road 18 and North of the Crosstown Highway. Mr. Hughes advised that the developer is appealing the denial of the Board of Appeals and Adjustments for a variance of developer still wishes to proceed with the zoning. subject to the City of a subdivision dedication fee and of a conservation restriction. Erickson advised that the developers have been told that, if the granting of the appeal results in a change of their approved plan, they will have to go through the Comunity Development and Planning Commission and Council again to have the plan approved. Esmber Richards then offered Ordinance No. 811-A145 for Second Rezding, with the condition that publication be withheld subject to final platting and with final platting being conditioned on receipt by the City of a subdivision dedication based on the value of the land at the time of final plat- ting and receipt by the City of a conservation restriction and moved its adoption: .25 enclosed parking spaces per unit but that the Second Reading was recommended final platting, with final platting to be conditioned on receipt by Mr. ORDIELUCE NO. 811-A145 AN OEDlXiri\TCE SEXDING THE ZONING ORDIEANCE NO. 811 BY ADDING TO THE PLANNED RESIDENTIAL - DISTRICT (PRD-3) -- THE CITY COUNCIL OF ED%$, MINNESOTA ORDAINS: 7/6/81 Section 1. enlarged by adding the following thereto : "The extent of the Planned Residential District (Sub-District PRD-3) is enlhrged by the addition of the following property: That certain parcel of real property situated in the County of Hennepin, State of Minnesota, and described as follows: That part of the Southwest Quarter of Section 31, Township 117, Range 21, described as beginning at a point on the West line of said Section 1589.04 feet North of the Southwest corner of said Southwest Quarter; thence East to a point 1629.21 feet North of the South line of said Section as measured along a line drawn parallel to the East line of said Southwest Quarter of Section 31 from a point on the North line -of said Southwest Quarter 990 feet West of the Northeast comer of said Southwest Quarter, the said South line of said section being a straight line between the Southwest . comer and the South Quarter comer of said Section 31; thence South along said parallel line 536.43 feet, more :or less, to a point in said parallel line distant 1086.14 feet North of the South line of said Southwest Quarter, said South line being a straight line between the closing corner for the Northwest corner of Section 6, Township 116, Range 21, and the South Quarter comer of said Section 31, thence Kest to a point on the West line of said Southwest Quarter distant 1059.36 feet North of the Southwest comer of said Southwest Quarter; thence North along said West line 529.68 feet to the point of beginning; except that part of the above described tract lying Westerly of a line parallel with and 40 feet Easterly of the following described line: comer for the Northwest corner of Section 6, Township 116, Range 21; thence South 87 degrees, 24 minutes and 02 seconds East (Assuming the West line of the Northwest Quarter of said Section 6 as bearing North 4 degrees, 19 minutes and 05 seconds West) a distance of 693.43 feet; thence North 46 degrees 21 minutes and 27 seconds West a-distance of 854.85 feet to the actual point of beginning of the line to be described; thence North 21 degrees, 55 minutes and 42 seconds West a distance of 617.2 feet; thence along atangential curve to the right with a radius . of 1819.86 feet and a central angle of 16 degrees, 16 minutes and 40 seconds, a distance of 517.02 fee; thence Northerly tangent to the * above described curve, a distance of 200 feet and there terminating, * according to the Government Survey thereof. age and publication. Motion for adoption uf the ordinance was seconded by Member Schmidt. Paragraph 4 of Section 5 of Ordinance @?. 811 of the City is I Commencing at the closing I Sec. -2. This ordinance shall be in full force and effect upon its pass- 1Bu Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : 44L4-*2 4. L&- City Clerk OAKPONDS OF INTERLACHEN GRANTED FINAL PLAT APPROVAL. Pmdsof Interlachen for final plat approval as recommended by the staff and Plan- ning Commission, aild recalled. that the former owner dedicated $3,750 in con- nection with the Registered Land Survey for this property several years ago. Mr. Hughes recommended that, based on City guidelines, the subdivision dedica- tion now required should be reduced by that amount. estimated the value! of each lot to be $22,000. the following resolution and moved its adoption- Mr. Hughes presented Oak City Assessor Johnson Member Schmidt thereupon offered -i .A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR OAK PONDS OF INTEWACHEN BE IT RESOLVED by the Edina City Council that that certain plat entitled Oak Ponds of Interlachen, platted by Donald D. Byerly and Marlys J. Byerly, husband and wife, and Oak Ponds of Interlachen, a general partnership, by Halley Land Cor- poration, a general partner of Oak Ponds of Interlachen, and presented at the Regular Heeting of the Edina City Council of July 6, 1981, be and is hereby granted final plat approval, subject to receipt by the City of an executed Dev- eloper's Agreement and subject further to receipt by the City of a Subdivision Dedication Fee in the amount of $18,000, said fee being $21,750 less $3,750 which was previously paid in connection with a prior subdivision. . -* 7/6/81 , Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney' Nays: Richards, who repeated his objection made on May 4, 1981, that he believed the plat would depreciate Mr. Gensmer's property and that he wouldfavora nine or ten lot plat. Resolution adopted. ONE CORPORATE CENTER, PHASE VI CONTINUED TO JULY 20, 1981. As recommended by Mr. Hughes, Member Schmidt's motion was seconded by Member Turner, continuing final plat approval for One Corporate Center, Phase VI, to Jiily 20, 1981. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. I LOTS 2 AND 3, BLOCK 6, MENDELSSOHN, LOT DIVISION APPROVED. the staff and the Community Development and Planning Commission, Member Bredesen As recommended by offered the following resolution and moved its adoption: - RESOLUTION WHEREAS., the following described tracts of land constitute various parcels: a 0 Lots 2 and 3, Block 6, Mendelssohn; and WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following new and separate parcels (hereir, called "Parcels") : Lot 2, Block 6, Mendelssohn, except the South 5 feet thereof; and Lot 3, and the South 5 feet of Lot 2, Block 6, Mendelssohn; and . WHEREAS, 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 separate tracts of land do not interfere with-the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other pro- vision thereof, and subject, however, to the provision that no further subdivi- sion be made of said Parcels unless made in compliance with the pertinent ordi- nances 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 Member Richards. ' . Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. LOTS 18 and 19, BLOCK 3, DEWEY HILL SECOND ADDITION, 'LOT DIVISION CONTINUED. Member Schmidt's motion was seconded by Member Richards, continuing the hearing. on the division of Lots 18 and 19, Block 3, Dewey Hill Second Addition so that the owner of Lot 18 is made aware that his buildable width is decreased by about 12 feet as a result of the lot division. Ayes : Nays: None Motion carried. Bred.esen, .Richards, Schmidt, Turner, Courtney LINCOLN LONDONDERRY BUSINESS PARK FIPST ADDITION DIVISIOU APPROVED. mended by the staff and the Community Development and Planning Commission, Member Richards offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land:. Lot 1, Block 1, Lincoln Londonderry Business Park First Addition; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows: As recom- RESOLUTION That part of Lot 1, Block 1, Lincoln Londonderry Business Park Zirst Addition, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Nimesota, lying South- erly of the following described line and Its extensions: Comenci'ng at the Northwest corner of said Lot 1; thence on an assumed bearing of South IS degrees 00 minutes 11 seconds East, along the Westerly line of Lot 1, a distance of 212.00 feet to the beginning of the line to be described; thence North 79 degrees 59 minutes 49 seconds East, a dis- tance of 90.81 feet; thence North 89 degrees 41 minutes 47 seconds East 'a distance of 165.27 feet; thence South 71 degrees 07 minutes 12 seconds .- 172 East term That 7/6/81 a distance of 69.00 feet to the Easterly: line of Lot 1 and there nating. Containing 2.596 acres; and part of Lot 1, Block 1, Lincoln Londonderry Business Park First Addition, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Iiinnesbta, except that part lying Southerly of the following described line and its extensions: Commencing at the Northwest corner of said Lot 1; thence on an assumed bearing of South 18 degrees 00 minutes 11 seconds East, along the West- erly line of Lot 1, a distance of 212.00 feet to the beginning of the line to be described; thence North 79 degrees 59 minutes 49 seconds East, a distance of 90.81 feet; thence North 89 degrees 41 minutes 47 seconds East, a distance of 165.27 feet; thence South 71 degrees 07 minutes 12 seconds East, a distance of 69;OO feet to the Easterly line WHEREAS, it has been. determined that compliance with the Subdivision and Zon- - of Lot 1 and there terminating. Containing 1.620 acres; and ing Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. SO1 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for anyotherpurpose or as to any other provision thereof , and 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 €or adoption of the resolution was seconded by Member Turner. Rollcall : Ayes : Bredesen, Richards, Schmidt , Turner, Courtney Nays: None Resolution adopted. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. As recommended by Mr. Hughes, Member Bredesen's motion setting hearing date foe the appeal from the Board of Appeals-and Adjustments of York Condo Association for August 3, 1981, and for. . - July 20, 1981, for the following: 1. 2. 3. Appeals + from Board of Appeals and Adjustments Decisions. - Centex Homes Mid- west, Inc., and Rauenhorst Corporation . Preliminary Plat Approval - Brandt Addition Zoning Change and Lot Divisions - Dr. John Beecher - Lot 1, Block 1, Enroth's First Addition - C-4 Commercial District to C-2 Commercial District and Com- munity Development Corporation - R-1 Residence District to SR-5 Senior Citi- zen Residence District for property generally located West of York Ave..and North of Parklawn Ave . extended. Ayes : Nays: None Motion carried. Bredesen, Richards , Schmidt , Turner,' Courtney SOUTHDkE FIED1,AN STRIPS NAINTENANCE DISCUSSED. Mr . Rosland called Council's attention to a letter from Mr. Kirk vickersham, deploring the lack of mainten- ance of the median strips in the'area of and surrounding the Southdale Shopping Center. strips, at the expense of maintenance of other areas in the City, but said that inasmuch as France Ave., W. 66th Street and York Avenue are all County roads, 5 the maintenance of those'roads is the responsibility of the County. ioned, however, whether the County would provide maintenance for their median strips. should write a letter to Commission Rremer, with a copy of the letter to the Southdale Merchants' Association and to Mr. Wickersham, requesting that they up- grade the maintenance of the median strips to a satisfactory level. STREET IMPROVEMENT NO. BA-249 BID AWARDED. ten bids for Permanent Street Surfacing with Concrete Curb and Sidewalk Irnprove- ment No. BA-249 (S.A.P. 120-138-02) showing Blacktop Service Company low bidder- at $112,447.00; Valley Paving, Inc., at $116,620.30; Northwest Asphalt, Inc., at $118,582.30, Bury & Carlson, Inc., at $119,354.35; and Shafer Contracting Co., Inc., at $156,300.00, against Engineer's estj-mate of $149,020.00. Member Turner's motion for award to recommended low bidder, Blacktop Service Company, at $112,447 .OO, was seconded by Member Bredesen. Ik. Rosland pointed out that the City could cut the grass in the median He quest- FoAlowing discussion, it was informally decided that the City Manager I Mr. Rosland presented tabulation of Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Hays: None Motion carried. 7/6/81 USED PORTABLE GENERATOR SET BID AWARD CONTINUED TO JULY 20, 1981. As recom- mended by Mr. Kosland, Member Bredesen's motion continuing award of bid for a used portable generator set until July 20, 1981, was seconded by Member Richards. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney -- Nays: None Motion carried. REPLACEMENT OF EVAP CONDENSOR FOR BRAENAR PAVILION BID ANIRDED. Mr. Rosland presented tabulation of bids for replacement of an evap condensor at Braemar Pa.vilion.showing J. C. Patz low bidder at $6,222.00, Vilter Manufacturing Corp. at $9,587.00 and Halstead Mitchell at $10,612.00. Member Bredesen's motion was seconded by Member Richards for award to recommended low bidder, J. C. Patz, at $6,222.00. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. CASH PaGISTER BID AWARDED. Mr. Rosland advised that three bids had been taken for a new cash register showing Minnesota Cash Register - DTS 520 at $5,330.00, and National Cash Register - NCR 2950 at $9,175.00. low bid of Northwest Cash Regidter.- Micros 455 RCT at approximately $4,850, does not give the capability needed. recommended bidder, Minnesota Cash Register - DTS 520, was seconded by Member Bredesen. He explained that the verbal Member Richards' motion for award to Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. TOWN TAXI COMPANY ADDITIONAL LICENSES ISSUED. ban Yellow Taxi Company, appeared to object to issuance of 30 additional licenses for newly acquired .cabs which they purchased from Southwest Suburban Cab Company. Mr. Finke advised that these unlicensed cabs have been operating at Southdale and that there is barely enough business for those cabs already licensed. He added that even after Town Taxi had been warned to cease operating the unlicensed cabs on June 24, they were still operating at Southdale on July 26 and suggested that these licenses not be granted in light of this ordinance violation and also that Town Taxi be further penalized in accordance with provisions of the ordinance. Mr. Steven A. Harvey, President of Town Taxi, cabs. He 'explained that when they bought Southwest Suburban, they told. them that they would be licensed in Edina but that they had never told them that they could sit on the stands until they were licensed. involved in having to. drive empty cabs back to Richfield after they had driven passengers to Edina. to sell their business by August 1, 1981. withhold issuing the additional licenses to Town Taxi and also opined that the City would not be liable for injuries in case of accidents involving unlicensed cabs. Elember Richards said that he believes that more competition is better than less, and that the market place will dictate rates. that if the ordinance was deliberately violated, there should be some penalty. Member Richards motion for approval of issuance of license for 24 taxicabs was sec- onded by Member Bredesen. . Ayes : Bredesen, PLchards, Turner Nays: Schmidt, Courtney Motion carried. Mr. John Finke, a driver for Subur- apologized for not licensing the He discussed the financial hardship Note was made that Suburban Yellow Cab Company is negotiating Mr. Erickson said that the City could. The Mayor said that he believed Mr. Rosland advised that decals will now be issued for all licensed taxicabs. PLATFORM TENNIS COURT REGUUTIONS CONTINUED. . Mr ; asland recalled that on March 16, 1981, the Council had adopted a moratorium which banned the construction of platform tennis courts, pending the adoption of an ordinance regulating their use and location. He advised that the Planning Department has concluded that Platform Tennis Courts are basically compatible with residential land uses and no distinction can be found between this use and other accessory recreational uses, such as swimming pools and lawn tennis courts, and explained that, by present ordinances, such courts must maintain five foot rear and side yard setbacks. mended that the moratorium be lifted. MemSer Schmidt said that she believed that ' the people objecting to construction of a proposed platform tennis court have a valid objection and that the -ordinance should be amended to provide for some type of screening, landscaping and further setbacks. Concern was also expressed about noise and lighting. Being advised that the Planning Departmnt had found that neither Bloonington or St. Louis Park had ordinances which would be pertinent, it was informally decided that calls should be made to Wayzata, Minnetonka and White Bear to see if they have ordinances on platform tennis courts and the matter be continued untii that inEormation is available. No formal acticn was taken. Mr. Rosland also advxsed that the Planning Department has recom- 7/6/81 174 TREE REPLACEMENT/GROUND REPAIR POLICY CONFIRMED. Mr . Rosland recommended that-' : the City establish a policy under which boulevard properties would be repaired. He recommended removal of stumps and provision of black dirt or peat for filling the holes, with the understanding that residents be responsible for raking out the fill and sodding or seeding. He further recommended that replacement of all boulevard trees destroyed by the storm be accomplished by putting all requests into a pool as has been the policy with trees destroyed because of Dutch elm disease. It was also recommended that people could plant their own trees as a contribution to the City, but with the understanding that the City cannot guar- antee that cost of the trees can be used as an income tax deduction. Member Schmidt's motion was then seconded by Member Bredesen, approving the recommenda- tions of the City Manager as they pertain to replacement of trees and ground . : repair for boulevard trees blown down by the tornado. .& Ayes: Nays: None Motion carried. Bredesen, Richards, Schmidt, Turner Courtney ART CENTER COMMITTEE APPOINTMENT APPROVED. Bredesen's motion was seconded by Member Schmidt, approving the appointment of Mrs. Phyllis Haywa to the Art Center Committee to replace Mrs. Sue Dah1 Foss. As recommended by the Mayor, Member Ayes : Nays: None Motion carried. Bredesen, . Richards, Schmidt, Turner, Courtney .? TRAIN WHISTLES DISCUSSED. Mr. Rosland called Council's attention to an opinion of Mr. Erickson written in response to a request of NN&S Railroad for the City to enact an ordinance, either prohibiting the blowing of train whistles in Edina or specifically directing the whistle blowing. Xr. Brickson advised that his research indicated that the City would not be liable for damages in case of an accident, because the adoption of such an ordinance would "be a discretionary act, and under M2nnesota Statutes 5466.03, the City is not liable for claims based on a discretionary act.". It was informally decided that the staff should look into safety problems and into the possibility of installing automatic grade crossing arms at intersections and report back to the Council. SUNDAY LIQUOR HOURS CHANGE REJECTED. Council's attention was called to a letter from Mr. Burt Dean, General Manager of the Edina Country Club, requesting peds- sfon to start serving liquor at 10 a.m. on Sundays as now permitted by recent State legislation. tfember Schmidt's motion granting permission for lzcensed : clubs to serve liquor between 10 a.m. and midnight on Sundays died for lack of a second. No further action was taken. DONAHUE ENGINEERING CHOSEN INFILTRATION INFLOW STUDY CONSULTANT. Mr. Rosland advised Council that Donahue Engineering Company has been chosen to serve as consultant for the infiltration inflow study. No action was taken. SUBDIVISION DEDICATION GUIDELINES REVIEW CONTINUED TO JULY 20, 1981. As recom- mended by Mr. Rosland, Member Richards' motion was seconded by Member Bredesen, continuing review of subdivision dedications guidelines to July 20, 1981. Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: gone . Motion carried. POLICE DEPARTMENT CRIME REPORTING POLICY DISCUSSED. Member Bredesen referred to recent editorials in the Edina Sun and the Tribune which were critical of the Police Department's policy whereby the names of victims or witnesses to a crime may be withheld from publication. editorial to be admirable, but that he believed the Tribune's editorial to be unfounded and distasteful and expressed his support for the Police policy. formal action was taken. He said that he believed the Sun's No MEMBER TURNER'S PARTICIPATION IN JULY 4 EDINA FEST RTJR NOTED. expressed congratulations to Member Turner for her participation in the July 4 Edina Fest Run. Mayor Courtney PARKING ,RESTRICTIONS ESTABLISHED FOR EDEN AVZ . AND DEWES HILL ROA~. AS recom- - mended by Mr. Hoffman, Member Schmidt offered the following resolution and moved their adoption : _. RESOLUTION RELATING TO PARKING RESTRICTIONS ON DEWEY HILL ROAD (S .A.P. 120-183-03) WHEREAS, the City of Edina has planned the improvement of M.S.A.S. 138 (Dewey Hill Road) from Cahill Road to Delaney Blvd.; ant3 MHEIIEAS, the City of Edina whll be expend5ng Nunicipal State Aid Funds on the improvement of this street; and "HEREAS, this improvement does not provide adequate width for parking on both . 7/6/81 sides of the street, approval of the proposed construction as a Municipal State Aid Street project must, therefore, be conditioned upon certain parking restrictions; and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City of Edina has been determined; NOW, THEREFORE IT IS HEREBY RESOLVED that the City of Edina shall restrict the parking of motor vehicles on the South side of M.S.A.S. 138 (Dewey Hill Road) at all times. RESOLUTION RELATING TO PARKING RESTRICTIONS ON EDEN AVENUE (S.A.P. 120-163-02) \?HEREAS, the City of Edina has planned the 'improvement of M.S.A.S. '163 (Eden Avenue) from Arcadia Avenue to Vernon Avenue; and WHEREAS, the City of Edina will be expending Municipal State Aid Funds on the improvement of this street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must, therefore, be conditioned upon certain parking restric- tions; and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City of Edina has been determinedj NOW, THERl3FORE, BE IT RESOLVED that the City of Edina shall restrict the parking of motor vehicles on both sides of M.S.A.S. 163 (Eden Avenue) at all times. Motion for adoption of the resolutions was seconded by Member Turner. Rollcall : Ayes : Nays: None Resolutions adopted. Bredesen, Richards , Schmidt, Turner, Courtney ' COMPREKENSIVE PLAN AMENDMENT AUTHORIZED. As recommended by Mr. Rosland, Member Turner offered the following-resolution and moved its adoption: WHEREAS, the Metropolitan Council is charged with controlling sanitary sewer flows through projections contained in the Metropolitan Waste Water Development Guide; and WHEREAS, the current Waste Water erojections for the City of Edina will severely limit filture development in the City; NOW, THEREFORE, BE IT RESOLVED that the Mayor and Macager are authorized and directed to seek amendment to the 1990 sewer projections as contained in the Metropolitan Waste Water Developmsnt Guide from 7,110,000 gallons per day to 8,170,000 gallons per day. Motion for adoption of the resolution was seconded by Msmber Schmidt. RESOLUTION Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. OAK PONDS OF INTEPUCHEN IMPROVEMENTS AUTHORIZED ON 100% PETITIONS. Mr . Hoffman reported that petitions for Sanitary Sewer, Storm Sewer, Watermain, Gravelling and Street SurTacing for Oak Ponds of Interlachen had been received in his office. Said petition also requested the Council to assess the entire cost of said improvements against the property of such owners. offered the following resolution and moved its adoption: Member Schmidt then RESOLUTION ORDERING OAK PONDS OF INTERLACHEN IMPROVEMENTS NOS. SS. 359, ST.S-166, WE-344, C-135, AND BA-251 NOTE: See correction UPON PETITION THEREFOR in 8/17/81 Minutes. BE IT RESOLVED by the City Council of the City of Edina, IEnnesota, as follows: 1. It is hereby found and determined chat petitions have been filed requesting the Council to construct sanitary sewer, storm sewer, watermain, gravelling and street surfacing improvements in Oak Ponds of Interlachen and that the Developer now owns all property which will abut and be assessed for the improvements and that said petitions have been signed by the developer. 2. The making of said improvements in accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). Said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: SANITARY SFMER IIPROVEIBNT NO. SS-359 STORM SEWER IMPROVEMENT NO. ST.S-166 WATERMAIN IMPROVEMENT EO. WM-344 GMVELLING IMPROVEMEKT NO. C-135 PERMANENT STREET SURFACING WITH COIJCXETE CURB AND GUTTER IMPROVEMENT NO. EA-25 1 17% The entire cost of said improvements is hereby ordered to be assessed against . the properties located in Oak Ponds of Interlachen. Motion for adoption of the resolution was seconded by Member Richards. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. BIDS AUTHORIZED FOR OAK PONDS OF INTERLACHEN IMPROVEMENTS. As recommended by Mr. Hoffman, Member Bredesen offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS I- FOR PROPOSED IIPROVEMENTS AND DIRECTING ADVERTISEEENT FOR BIDS SANITARY SEWER 1NPROVEbf"IT NO. SS-359, STORM SEWER IIPROVENENT NO. ST. S-166 WATERMAIN IYPROVEMENT NO. TJM-344 GRAVELLING IMPROVENENT NO. C-135 PERMANENT STREET SURFACINT WITH CONCRETE CURB AND GUTTER NO. BA-251 . BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisemat for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. let& the following notice of bids for improvements: (Official Publication) , , The Clerk shall cuase to be published in the Edina Sun and Construction Bul- CITY OF EDINA 4801 I?. 50TH STREET EDINA, MINNESOTA 55424 - -- ADVERTISEMENT FOR BIDS CONTRACT #81-9 (ENG) WATERElAIN IMPROVEEfENT NO. Wf-344 GRAVELING IMPROVEMENT NO. C-135 SAhrITARY SEWER IMPROVEIENT NO. SS-359 STORM sm?ER IMPROVEMENT NO. ST.S-166 ~ BIDS CLOSE AUGUST 13, 1981 SEALED BIDS will be received and opened in the City Council Chambers in the Edina City Hall, 48-1 TJ. 50th Street at 11:OO a.m., Thursday, August 13, 1981. The Edina City Council will meet at 7:OO p.m., Monday, August 17, 198i to consider said bids for watennain, graveling, sanitary sewer and storm sewer for'the Oak Ponds of Interlachen developroent. hate quantities of major items: _--_ - - 1900 Tons, Class 2 Gravel The following are approx- -- 900 L/F, 6" D.I.P. Watermain 600 L/F, 8" V.C.P. Sanitary Sewer Pipe 180 L/F, 18" Arch R.C.P. Storm Sewer Pipe 290 L/F,. 15" R.C.P. Storm Sewer Pipe 340 L/F, 12" R.C.P. Storm Sewer Pipe 9 Each, Ifanholes and Catch Basins Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 W. 50th Street, Edina, Ifinnesota, 55424, and may be mailed or sub- mitted personally to the City Engineer. either through the mail or by personal submission, after the time set for receiv- ing them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. $25.00 (by check). specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least 10 (10) percent of amount of base bid. The City Council , - reserves the right to reject any or all bids. Bids received by the City Engineer, Plans and specifications are available for a deposit of Said deposit to be returned upon return of the plans and- BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution Xollcall : Ayes: Bredesen, Richards, Schmidt, Nays: None Resolrztion adopted. Florence B . Hallberg City Clerk was seconded by Member Mchards. Turner, Courtney BIDS AUTHORIZED FOR IMPROVEMEhTTS NOS. S-28, S-29, E-30 AND CONCRETE REPLACEPENT . IMPROVEfiIENT NO. 81-10. As recommended by Mr. Hoffman, Member Richards offered 4 ..- --- I the following resolution and moved its adoption: 7/6/81 RESOLUTION APPROVING PLANS AND SPECIFICATIONS DIRECTING ADVERTISEMENT FOR BIDS FOR CONCRETE SIDEWALK IME'ROVEMENT NOS. S-28 AND S-29 FOR PROPOSED IMPROVEMENTS AhD CONCRETE ALLEY PAVING IMPROVEMENT NO. E-30 AND CONCRETE REPLACEMENT IMPROVEMENT NO. 81-10 SEALED BIDS will be received and opened in the City Council Chambers in the 177 Edina City Hall, 4801 W. 50th Street at 11:OO a.m., Thursday, August 13, 1981, and the Edina City Council will meet at 7:CO p.m., Monday, August 17, 1981, to con- sider said bids for Concrete Sidewalk, Concrete Alley Paving and Concrete Replace- ment. 2060 C/Y , Common .Excavation 861 X/Y, Concrete Paving 400 S/Y, 6" and 8" Concrete Replacement 600 Tons Class 2 Gravel Bids shall be in a sealed envelope with a statement thereon showing the work cov- ered by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted person- ally to the City Engineer. mail or by personal submission after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. (by check). Said deposit to be returned upon return of the plans and specifica- tions with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. The'City Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. The following are approximate quantities of the mzjor items: 26,108 S/F, Concrete Sidewalk . 2778 S/Y, Sod Bids received by the City Engineer, either through the Plans and specifications are available for a deposit of $25.00 Florence B. Hallberg City Clerk Motion for adoption of the resplution was seconded by Member Bredesen. Roll call : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None .Res o lut ion adopted . SANITARY SEWER IMPROVEMENT NO. SS-360 AUTHORIZED ON 100% PETITION. The City Engineer reported that a petition to connect to sanitary sewer had been.received in his office, signed by the oTmer of Lot 11, Block 5, Parkwood Knolls. tion also requested the Council to assess the entire cost against the property of such owner. Member Richards thereupon offered the following resolution and moved its adoption: Said peti- RESOLUTION ORDERING SANITARY SEWER IHPROVEMENT NO. SS-360 UPON PETITION TKEREFOR BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: . 1. the Councj-1 to construct a sanitary sewer improvement for Lot 11, Block 5, Park- wood Knolls, and to assess the entire cost against the property of the petitioner and that said petition has been signed by the owner of real property where said improvement is to be located. 2. ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). referred to in all subsequent proceedings as SANITARY SEER IEPROVEMENT NO. SS-360. The entire cost of said improvement is hereby ordered to be assessed against Lot 11, Block 5, Parkwood Knolls, where said improvement is to be located. Motion for adoption of the resolution was seconded by Member Schmidt. It is hereby found arid determined that a petition has been filed requesting The making of said improvement in accordance with said petition is hereby Said improvement is hereby desigaated and shall be Wllcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. TOXIC CONTMINENTS TO BE DISCUSSED. lls?mbn,r Uchards referred to the concern of Mr . Wallace Olson, 5002 Bruce Ave., over the contamhation of game animals in areas that have been sprayed with TCDD, and the resulting fear that this herbicide enters the food chain of hmam who eat that game. Council read articles provided In their meeting packets before Mr. Olson addresses the Council on the subject at the meeting of August 3, 1981. No action was taken. Nember Richards asked that LIQUOR REPORT as of Nay 31, 1981, was presented by Hr. Dalen, reviewed and ordered 7/61 81 placed on file by motion of Member Schmidt, seconded by Member Richards. Ayes: Nays: None Motion carried. Bredesen, Richards, Schmidt, Turner, Courtney AUDIT REPORTS REVIEWED. the City of Edina and for the Housing and Redevelopment Authority be accepted and placed on file was seconded by Member Turner. Member Schmidt's motion that the 1980 Audit Reports for Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried . I CLAIMS PAID. of the following Claims as per Pre-List: $181,786.80; Art Fund, $15,309.43; Park Construction, $28.50; Swimming Pool, $2,535.99; Golf Course, $35,212.04; Arena, $13,962.16; Gun Range, $609.56; Water Fund, $76,143.75; Sewer Fund, $57,414.50; Liquor Fund, $19,951.93; Construction, $161,993.13; PIR Fund, $6,943.15; IBR Fund, $515,561.78; IBR Fund #2, $100,746.99; Total, $1,933,064.06. Motion of Member Turner was seconded by Member Schmidt, for payment General Fund, $744,864.35; Park Fund, Ayes : Bredesen, Richards, Schmidt, Turner, Courtney. Nays: None ** Md tion carried. b. No further business appearing, Ifember Schmidt's motion for adjournment Was sec- ' onded by Member, Turner. Adjournment at 10:25 p.m. . . #A iiYf&, City Clerk * I