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HomeMy WebLinkAbout19810817_regular' MINUTES 198 OF REGULAR COUNCIL MEET'ING. OF EDINA CITY COUhCIL HELD AT CITY HALL AUGUST 17, 1981 ." Answering rollcall were members Bredesen, Richards, Schmidt, Turner and Nayar Courtney. MINUTES of August 3, 1981, were approved as submitted-by motion of Member Brede- sen, seconded by bfember Turner. ,. Ayes : Nays: None Motion carried. . Bredesen, Richards, Schmidt, Turner, Courtney CONSTITUTION WEEK PROCLAIMED. The Mayor issued the following Proclamation: PROCLAMATION TmEREAS, it is the privilege and duty of the American People to commemorate the one hundred ninety-fourth anniversary of the adoption of the Constitution of the United States of America with appropriate ceremonies and activities; and TJHEREAS,' Public Law No. 915 guarantees the issuing of a proclamation, by the . '. President of the United States of America, designating September 17 through 23 of each year as Constitution Week; NOW, THEREFORE, I, C. WAYNE COURTNEY, by virtue of the authority vested in me as Mayor of the 23, 1981, as and urge all privilege of body of laws City of Edina, do hereby proclaim the week of September 17 through CONSTITUTION WEEK citizens to study the Constitution, to express gratitude for the American citizenship in our Republic functioning under the superb - the Constitution of the United States of America. ' ORDINANCE NO. 811-A150 ADOPTED; SECOND READING I?AIVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes pointed out the need for additional penalty provisions for Ordiaance Np. 811 in order to better enforce the ordinance. sen offered Ordinance No. 811-A150 for First Reading, with waiver of Second Read- ing and moved its adoption as follows: ORDINANCE NO. 811-A150 AX 0PJ)I"CE AMJINDIXG THE ZONING ORDINANCE (NO. 811) TO IECLUDE IMPRISONMENT AS A PENALTY FOR THE VIOLATION THEREOF AND TO INCREASE THE FINE FOR THE VIOLATION THEREOF TO $500 . No objections being heard, Biember Brede- I Section 1. Paragraph 8 of Section 14 (Administration) of Ordinance No. 811 is hereby amended to read as follows: Y3ec. 8. Violation a Misdemeanor; Penalty. The owner of a building or premises in or upon which a violation of any provision of this ordinance has been coininitted or shall exist; or the lessee of the entire building or entire premPses in or upon which a violation has been committed or shall exist, shall be guilty of a misdemeanor, punishable by a fine of not more than $500 for each and every day that such violation continues or imprisonment in the City or County jail for a period not exceeding ninety (90).days, or both, with costs of prosecution in any case to be added. Any such person, who, having been served with an order to remove any such violation, shall fail to comply with said order within'ten days after such service, or shall continue to violate any provision of the regula- tions made under authority of this ordinance in the respect named in such order, shall also be subject to the civil penalty of not to exceed $500." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of-the ordinance was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays:. None Ordinance adopted. ATTEST : I&- City Clerk 8.d- - CECERE ADDITION GR&?TED.PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approvsd as to form ami ordered placcd on file. Mr. Zfughes presented Cecere Addition for preliminary plat approval, advising that the sub- ject property, located East of Ryan Ave. and South of W. 65th St. extended, is a develope'd single family lot. He exnlaAned that: the existing dwelling is 4ocaFed 8/17/81 on the West end of the lot and fronts on Ryan Ave., and that the proponent has submitted a subdivision plan whereby the existing lot would be divided to create a new lot fronting on Parnell Ave. Mr. Hughes advised that the proposed dedica- tfon is identical to other divisions approved in past years for all other lots located between Parnell and Ryan Avenues, as well as other lots in the area, and that the staff and Community Development and Planning Commission have recommended approval. No objections being heard, Member Bredesen offered the following reso- lution and moved its adoption: BE IT RESOLVED by the Edina City Council-, that that certain plat entitled Cecerc Addition, platted by Antonio, Inc., and presented at the Edina City Council Meet- ing of August 17, 1981, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Richards. RESOLUTION Rollcall : Ayes: Bredesen, Richards, Tubnet, Courtney Nays: None Abstaining: Schmidt Resolution adopted. - MICHAEL-NORTHWESTERN PARTNERSHIP APPEAL FROM BOARD OF APPE4LS AND ADJUSTMENTS DECISION CONTINUED TO AUGUST 31, 1981. Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the appeal of Michael-Northwestern Partnership from the Board of Appeals and Adjust- ments denying the following variances: 66 parking space variance; 1 foot build- ing setback variance; 10 foot parking setback variance to side property line; 5 foot parking to building setback variance; 25 foot parking to street setback variance (North side); 20 foot parking to street setback variance (East side) 33 foot parking to street setback variance (South side);'2 foot parking drive aisle width variance; 5 foot parking space depth variance; 16.3% lot coverage variance (30% permitted) ; Loading berth variance; Parking Screening variance. Mr. Hughes recalled that the subject property is zoned 0-1 Office Building District and is developed with a highly non-conforming office building and non-conforming accessory parking lot and is located at 6400 France Ave. S. (Part of Lot 1, Block 1, Southdale Office Park). He explained that the Zoning Ordinance does not per- ' mit the modifications proposed by the property owner unless the entire site and the building are brought into conformance with the current ordinance, and that the owner is either una5le or unwilling to complete these modifications. Hughes recalled that the City has granted parking variances for approximately 10 percent of required parking at large office buildings, bur that these buildings have the ability to easily construct the required parking within non-required landscaped areas if additional parking shou3.d be required, while the subject property does not afford that opportunity. of Appeals and Adjustments determined that the scope and magnitude of the vari- ances required for the proponent's plan and the staff's plan were excessive and could not be approved, concern about the intensity of land use and the lack of green space on the site, as well as the City policy issues which should properly be determined by the Council. Hughes advised that the proponent has agreed to remodel the building to include an atrium and corridors, which will reduce office space, and are investigating the possibllity of leasing Crosstown Highway right-of-way from the County on a 25 year lease for parking. ponent, explained the hardships involved in conforming to ordinance requirements and urged that the building be allowed to continue as,a non-conforming use. MS. Fisher recalled that the setback of the building was reduced when France Ave. was widened, and showed landscape plans proposed along W. 65th Street. She explained that the parking proposed should be adequate, inasmuch as one of the proposed ten- nants will have safety deposit vaults for rent (which, she said would require only four spaces), and a corpozate jeweler company which would not be an intensive use. Iys. Fisher emphasized that the proponent would be glad to enter into a proof cf parking agreement and agreed that the proponents would meet all Building and Planning requirements including sprinkling the building. proponent be allowed to continue to use the building as a non-conforming use. John Shardlow, principal project Planner, advised that the County would not approve granting a landscape easement, but pointed out that the nearest dwelling is 290 feet from the site in question. In response to a question or the Council, Mr. Shardlow said that it: would be very costly, but feasible, to construct a ramp if it should be necessary. issue, Xember Bredesen asked ~IGW the City decides if there is actually a parking problem. the City, but that siirveys would have to be conducted at various times of the day. Member Richards' motion was then seconded by Member Turner, that the hearing be Affidavits of Notice were presented by Mr. Council was advised that the Board Council was further advised that the Board expressed proponent's property rights, and suggested that the- case involved Mr. Ms. Linda Fisher, a3 attorney.representing the pro- She urged that the Mr. Stating that he would abstain from voting on.this Mr. Hughes said that the decision would be at the sole discretion of 8/ 17/81 200 continued to August 31, 1981, so that the proponents would have an opportunity to draft a proof of parking agreement for staff approval and could get in touch with residents to the North'to see if they would have any objections to the side yard setback variance. . Ayes : Richards, Schmidt, Turner, Courtney Nays: None Abstaining: Bredesen Motion carried. MANOR HOMES OF EDINA GRANTED FINAL PLAT APPROVAL. Mr. Hughes presented Manor Homes of Edina for final plat approval, recalling that this plat is generally located East of Lincoln Drive and North of Edina West Condominiums and that the requested variance had been denied by the Board of Appeals and Adjustments. He recommended approval, subject to receipt 05 payment of a.$40,000 subdivision dedi- cation fee. Mr. Hoffman added that the plat approval should also be subject to closing with First Wisconsin Trust Company. All other requirements having been met, Member Richards offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that that certain plat known as Manor Homes of Edina, platted by Centex Homes Midwest, Inc., a Nevada Corporation, and presented at the Edina City Council Meeting of August 17, 1981, be and is hereby granted final plat approval, subject to payment of a $40,000 subdivision dedica- tion fee and the closing with First Wisconsin Trust Company. Motion for adoption of the resolution was seconded by Member Bredesen. I Rollcall : Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. . PLANNING HEARING DATES TO BE SET. motion was seconded by Member Bredesen, granting permission to publish notice for any Planning hearings 57hich may .come before Council on September 21, 1981. As requested by Mr. Hughes, NemEer Schmidt's Ayes : Bredesen, Richards , Schmidt, Turner, Courtney Nays: None ' Motion carried. . BOARD OF APPEALS DECISIONS CONTINUED TO AUGUST '31, 1981. Roslazid, Member Bredesen's motion was seconded by Member Schmidt, continuing until August 31, 1981, the following public hearings on appeals from the (Build- ing) Board 02 Appeals Decisions: 2) Lot 1, Block 2, Parkwood Knolls (5400 Akers Lane). As recommended by Mr. . 1) Lots 25 and 26, Auditors Subdivision No. 325 (5113 Schaefer Road) Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. BLOCKS 1 AND 2, BROOKLINE ADDITION EASEMENT VACATION APPROVED. Rosland advised that this hearing is being repeated because improper notice was given at the previous hearing on June 1, 1981, No objections being heard, Mem- ber Schmidt offered the following resolution and moved its adoption: Affidavits of not- . ice were presented by Clerk, approved as to form and ordered placed on file. Mr. RESOLUTION VACATING EASmNT FOR UTILITP AND DRAINAGE PURPOSES WHEREAS, a resolution of the City Council, adopted the 20th day of July, 1981, fixed a date for a public hearing on a proposed vacation of easement for utility and drainage purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given aad the hearing was held on the 17th day of-August, 1981, at which time all persons desir2ng to be heard were given an.opportunity to be heard thereon; and WHEXEAS, the Council deems it to be in the best interest of the City and of-the public that said easement vacation be made; and WHEREAS, the Council has.considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the aathority of any person, corporation, or municipality I owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vaca- tion, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portior? of the uti:ity and drainage easement is liereby vacated effective as of August 18, 1381:* I- - 16. Sf 17/81 The Southerly ten (10) feet of Lot 2, Block 1, and adjacent 1/2 of vacated street; and the h'ortherly ten (10) feet of Lot 1, Block 2, and adjacent 1/2 of vacated street, all in Brookline Addition; and that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the trasfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minne- sota Statutes, Section 412.851. Motion for adoption of the Resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. MRS. ALISON FUHR COMMENDED. The Mayor presented copies of the Metro Monitor to Mrs. Alis:on Fuhr, which publication contained a picture of Mrs. Fuhr taken with respect to her work as Chairman of the Metropolitan Council's 205 Water Quality Advisory Committee. capacity. No formal action was taken. The Mayor congratulated Efrs. Fuhr for her efforts in this ROOF REPAIR CONTRACT AWARDED. Mr. Rosland presented tabulation of two bids sub- mitted in response to Advertisement for Bids in the Edina Sun and the Construction Bulletin. Tabulation for roof repair and restoration of Public Works buildings at 5146 Eden Ave., 6721 2nd St., and 5901 Ruth Drive showed Keehn Brothers low bidder at $57,910.00 and Peterson Maintenance Corporation at $58,640.00, against Engin- eer's estimate of $75,276.00. Turner for award to recommended low bidder, Keehn Brothers, in the amount of $57 , 910 .OO. Member Schmidt's motion was seconded by Member Ayes: Bredesen, Richards, Schmidt, Turner, Courtney I$qys: None Motion carried. CONCRETE SURFACING IEPROVE?AEKTS AND REPAIRS' BID AWARDED, SUBJECT TO STATE AID APPROVAL. Nr. Rosland presented tabulation of eight bids received in response to Advertisement for Bids in the Edina Sun and the Construction Bulletin for Side- walk Improvement s-28 and s-29, Alley Paving Improvement No. E-30 and miscellan- eous coiicrete repairs showink Gmderson Bros. Cement Contractors low bidder at $97,541.85; Victor Carlson & Sons, Inc., at $99,770.45; Thomas & Sons Construction, $105,895.00, Henderson 6 Lemke, Inc., $109,999.91; Abhe and Svoboda, Inc., at $140,109.18. son Bros. Cement Contractors at $97,541.85, subject to State Aid approval, was seconded by Member Turner. Member Schmidt's motion for award to recommended low bidder, Gunder- Ayes : Bredesen, Richards, Schmidt , Turner, Courtney Nays: None Motion carried. PUBLIC I3PROVEMERTS CONSTRUCTION BID AWARDED. Mr . Rosland presented ta,bulation of eight bids for Improvement Nos. SS-359, WM-344, ST.S-167 and C-135 showing Kirkwold Construction Co. low bidder at $62,381.45; G. L. Contracting, Inc., at $69,006.40; Birchville Construction, Inc., at $69,171.43, M. G. Astleford Company, Inc., at $72,763.10 and Progressive Contractors, Inc., at $83,688.55, against Engineer's estimate of $78,028.60. mended low bidder, Kirkwold Construction Co., was seconded by Member Schmidt. Member Bredesen's motion for award to recom-. Rollcall : Ayes : Bredesen, Richards, Schmidt , Turner, Courtney Nays: None . ,140 tion carried. CREEK VJLLEY TENNIS COURT RESURFACING BID AWARDED. Nr . Rosland presented tabula- tion of two bids forrepair and resurfacing two tennis courts at Creek Valley Park, required because of damage by the tornada.and adviskd that attempts are being made to collecr.the cost from the insurance company. Tabulation showed Tennis West low bidder at $2,664.00 and J. L. Distributors at $2,877.30. Member Schmidt's motion was seconded by Mzmber Turner, for award to recommended low bidder, Tennis West at $2,664.00. Ayes : Bredesen, Richards Schmidt, Turner, Courtney Nays: None Motion carried. ' MANHOLE ADJUSTING RINGS RID AWARDED. Mr. Rosland presented tabulation of two bids for 50 mahole adjustin; rings, showing Ess Bros., Inc., low bidder at $2,750.00 and'Meenah Foundry at $2,950.00. Turnen, 'for award to recouiniended low bidder, Ess Bros. Notion of Hember Schmidt was seconded by Member Inc., at $2,750.00. 8/17/ 81 Ayes : Bredesen, Richards, Schmidt , Turner, Courtney Nays: None Motion carried. . . ONE-WAY SNOW PLOW FOR NEW DUW TRUCK BID AWARDED. Mr. Rosland presented tabula- tion of two bids received for a one-way snow plow for the new dump truck showing McQueen Equipment Co., low bidder at $1,770.00 and McNullen Company at $1,883.00. Motion of Member Turner €or award to recommended low bidder, McQueen Equipment Co., was seconded by Member Schmidt. I .. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. BOND RATING PURCHASES &PROVED. motion vas seconded by Member Bredesen, authorizing expenditure of not to exceed $4,000 for bond ratings from Standard and Poors and $foodys. As recommended by Mr. Dalen, Pkmber Richards' Ayes: Nays: None Motion carried. Bredesen, Richards, Schmidt, Turner, Courtney , TRAFFIC SAFETY COPDIITTEE MINUTES OF AUGUST 11, 1981, REVIEWED. Member Bredesen's motion was seconded by Member Turner, approving Section A and accepting Sections B and C of the Traffic Safety Committee Minutes of August 11, 1981. AGes : Nays: None Motion carried. Bredesen, Richards , Schmidt , Turner, Courtney SANITARY SEVER IMPROVEMENT NO. SS-228 CONNECTION CHARGE AUTHORIZED. As recom- mended by Mr. Rosland, Member Schmidt offered the following resolution and moved - its adoption: BE IT RESOLVED by the Edba City Council that connection charges in the amount of $1,224.81 be levied against Cot 7, Block 8, Indian Hills (06-116-21-31-0018) over a six year period at 7% percent. Motion for adoption of the resolution was seconded by Member Turner. RESOLUTION : Roll call : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney . Nays: None Motion carried. * COMMUNITY TASK FORCE REPORT ON CHEMICAL ABUSE ACCEPTED. that the Community Task Force Report on Chemical Abuse had been continued from the Council Meeting of August 3, 1981. Member Turner recalled that in March, 1980, the City Council and the School Board had recommended the formation of a task force to study and review recommendations designed to meet needs in Edina. She recalled further that Council had approved that report and has taken a signifi-: cant part in implementing those recommendations. Nembers of the Task Force who were present were Mmes. Sue Bonoff and Nancy Atchison and I&. Donald Brundage who has been functioning as Chemical Abuse Prevention Coordinator for the School District and who is on the staff of Youth and who described the work he is doin with alcohol and drug abuse. Member Richards suggested that a public campaign fe instigate& which would emphasize one number to call for help and that publicity be placed in the liquor stores. Mrs. Bonoff advised that a consultant has been hired to serve junior high sbudents and that, as recommended by the Task Force, Project CHarlie has moved into the EiKLd 'of working with junior high students. She re- ported also that, as recommended bv the Task Force, support formed, including Concerned Persons Group, and Edina Families in Actio=. $is. Katie Kelly who will be working with chemically dependent junior high students. Hrs. Bonoff advised that a Student: -Assistance Policy bas notv been adopted by the School District, a community center has been located in the fdrmer-Edina East Upper Division Building and in the WooddaLe School Building, and that a media campaign will be developed. 3ks. Bonoff said that, she would also like to see elementary school counselors- and classes in parenting skills. 1982 BUDGET HEARING DATES SET. Motion of Member Schmidt was seconded by Member Bredesen, setting 1982 Budget Hearings for 4 p.m. on September 14 and 17, 1981, in the Manager's Conference Room. Uecause'Member Richards will not be present, the budget will be reviewed with him' at an earlier date. Mr. Rosland recalled - groups have been She emphasized the work of Team Voluntary Action Corp, Edina Peer ActTon Corp,. I In response to a question of Piember Bredesen, No formal action was taken. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney ^I Nays: None t tion carried. ' 8/17/81 203 SPECIAL ASSESSMENT HEARING DATES SET. Richards offered the following resolution and moved its adoption: As recommended by Mr. Dalen, Ember I a 0 cn -2 a 5 I - RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR WATERMAIN IMPROVEMENTS NOS. WM-338, WM-339, WM-341, WM-343 GRADING IMPROVEMENT NOS. C-131, C-133 AND MAINTENANCE IMPROVEMENT NO. M-1981 -BE'ITRESOLVED by the City Council of the City of Edina, Minnesota, as folloWS: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed assessments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspec- tion pending hearings thereon as herein provided. 2. This Council shall meet at the time and place specified in the Notice of Hear- ing forms hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official newspaper in accordance with law is hereby approved. STORM SEWER IMPROVEMENTS NOS. ST.S-1.63, ST.S-164, ST.S-165, ST.S-166, SANITARY SEWER IMPROVEMENTS NOS. SS-354, SS-355, Ss-357, ss-358 STREET IMPROVEMENTS NOS. BA-227AY BA-242, BA-243, BA-244 Notices being as follows: (Official Publication CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING FOR ASSESSMENTS STORM SEWER IMPROVEMENTS NOS. ST.S-163, ST.S-164, ST.S-165, ST.S-166 WATERMAIN IMPROVEMENTS NOS. WM-338, Wf-339 , WM-341, TJM-343 GRADING IMPROVEMENT NOS. C-131, C-133 AND MAINTENANCE- IMPROVEMENT NO. M-1981 SANITARY SEWER IMPROVEMENTS NOS. SS-354, SS-355, Ss-357, SS-358 STREET IMPROVEMENTS NOS. BA-227A, BA-242, BA-243, BA-244 EDINA CITY COUNCIL will meet at the City Hall, 4801 West 50th Street, Edina, Minnesota, on Monday, September 21, 1981, at 7:OO P.M. to hear and pass upon all objections, if any, to the following proposed assessments. These assessments are now on file in the office at the Edina City Clerk and open to public inspection. Assessment on the foilowifig will be payable in three equal install- ments over a period of three (3) years with interest on the entire assessment ' at the rate of 7vA per annum from the date of the resolution levying the assess- ment to December 31, 1982. 1. CONSTRUCTION OF STORE1 SEWER NO, 163 '. CONSTRUCTION OF WATERi?5AIN NO. 339 CONSTRUCTION OF SAKITARY SEWER NO. 355 District description: DM'ENS 1IEAi)os~s JJ)DITION 2 thru 10, Block 1, Danens Meadows Addition CONSTRUCTION OF WATERMAIN NO. 341 CONSTRUCTION OF SAKITARY SEWER NO. 35? CONSTRUCTION OF GRADING IbPROVEPENT NO. C-133. District description: FINDELL ,Q)DITI@N thru 4, Block 1; Lots 1 thru 4, Block 2; Lots 1 thru 4, Block 3; Lots 1 thru 5, Block 4; Lots 1 thru 4, Block 5; Lot 2, Block 8, Findell Clark Addition, The following described lots will be assessed ONLY for Storm Sewer No, 164 and CONSTRUCTION OF GRADING IMPROVEMENT NO. C-131 The area proposed to be assessed for said improvement is as follows: Lots ' 2. CONSTRUCTION OF STORM SEWER NO. 164. .* The area proposed to be assessed for said improvement is as follows: Lots 1 , Grading Improvement No. C-133: Lots 1 thru 5, Block 6; Lots 1 thru 6, Block 7, Findell Clark Addition. CONSTRUCTION OF WATEIQIAIN NO, 343 CONSTRUCTION OF SAMTARY SEWER NO. 358 District description: HANSEN-PjA,RTENSDN 1ST ADDITION: The area proposed to be assessed for said improvement is as follows: That part of the S 577 ft of the W 180 ft of the E 60 rods of SI& of the SI?% lying N of State Wry., Sec. 31, Twp. 117, Range 22 (New Division: Lobs . 1. thru 8, Block 1, Hansen-Elartinson Is5 Addition). CbNSTRUCTION OF SANITAXY SEWER NO. 354 District description: "IDEN ACRES PETERSOT? REPIS1 and 3, Block 1; Lots 2 thru 4, Block 2, Warden Acres Peterson Replat 3. CONSTRUCTION OF STORM SEWER NO. 166 4. CONSTRUCTION OF WATERMAIN NO. 338, . The area proposed to be assessed for said improvement is as follo~s: Lots 2 8/17/81 204 Assessment on the following will be payable in ten equal installments over a period of ten (10) years with interest on the entire assessment at the rate of 7% per annum from the date of the resolution levying the assessment to December CONSTRUCTION OF STOR31 SEWER NO. 165 District description: EASENENT'LLNE FRON NINE MILE CREEK ON THE EAST SIDE OF METRO BLVD THRU @NE CORPORATE CENTER PHASE FIVE ADDITION The area The area proposed to be assessed for said improvement is as .foll'ows: defined as One Corporate Center Phases Three thru Five; Lot 18, Block 1 (09-116- -21-23-0011); That part of Lot 19, Block I, lying Nly and Wly of One Corporate Center Phase 5 (09-116-21-24-0017); That part of Lot 20, Block 1, lying Wly of One Corporate Center Phase's (09-116-21-24-0018); that part of Lot 21, Block 1, lying Sly and Wly of One Corporate Center Phase 5 (09-116-21-24-0019); That . part of Gov't Lot 2 desc as beg at most Nly cor of Outlot A, One Corporate Center Phase 5 th SWly along NWly line thof dis 262.45 ft to an intersection W line of E 23.36 acres of said Lot 2 th Nly along said W line to a pt 142.57 ft Sly of hqq cor thof th S 86 deg 05 min 50 sec E dis 156.91 ft th S 32 deg 18 min 25 sec E dis 53.48 ft to beg (09-116-21-24-0021), all in Edina Inter- change Center Third Addition.. District description: LONG BRAKE TRAIL AND LONG BRAKE CIRCLE IN DEWEP HILL 2ND ADDITION. The area proposed to be assessed for said improvement is as follows: part of the E% of S\J% of SEk lying N of State Hwy 5, S-of N 20 rods thereof and W of County Road 28, Sec. 8, Twp 116, Range 21; Lots 9 thru 12, Block 1 Lyle Buchanan Addition; Lot 7, Block 1 & Outlot 1, Heath Glen Addition; Dewey Hill Nest, A Condominium, Apartment Ownership No. 219 (58 units), Lot 3, Block 1, Outlots A and B, Dewey Hill Estates; Lots 1 thru 16, Block I, Lots 1 thru 4, Block 2, Lots 1 thru 28, Block 3, Dewey Hill Second Addition; Lots 1 and 2, Lot 3 and th part of Outlot B said Add'n lying E of a line running from the NW cor of said Lot 3 to a point on the S line of said Outlot B a dis of 66;5 ft W from the SE cor thof, Block 2 and Outlot A, Smisek Addition; Windwood Edina Condominiums, Apt. Ownership No, 99 (206 units). 31, 1982. .. 5, 6. CONSTRUCTION OF STREET IMPROVEliENT NO, BA-227A ~ r DELIKEY I3LVD FKOM W. 78TH STREET TO DEWEY HILL iOAD, That .: 1- 7. CONSTRUCTION OF STREET IMJ?ROVEEIENT NO. BA-242. . District description: BROOKSIDE AVENUE FROM INTERLACHEM BOULEVARD TO BROOK- SIDE COURT The area proposed to be assessed for said improvement is as follows: - 4350- 60-70-80 Brookside Court, A Condominium, Apartment Ownership No: 71(229 Units); N 50 ft of S 100 ft of E 173.6 ft of Lot 44; N 66 ft of E 173.6 ft of Lot 44; S 50 ft of E 173.6 ft of Lot 44, Auditor's Subdivision No. 176; Lots 12 thru 15, each lot incl adj 3 ft of Main Av vac.; that part of Lot 16 & 17, th pt of of each lot lying E of W 16 ft inc adj 3 ft of Main Av vac.; E 170.3 ft of Lot 18 inc adj 3 ft of lain Av vac.; Lot 22, except W 186 ft 'thereof incl adj 3 ft of Main Av vac.; E % of Lot 23 inc adj 3 ft of lfain Av vac.; E 180 ft of Lot of E 182.6 ft of Lot 26 inc adj 3 ft of Nain Avyac.; S 36 ft of E 182.6 ft of . Lot 26 incl adj 3 ft of Main Av vac.; Brookside Terrace Addition. Lots 4 thru 8, Edina Terrace Addition. District description: HABITAT COURT FRON LINCOLN DRIVE TO CUL-DE-SAC; ROUSHAR The area proposed to be assessed for said improvement is as.follows: : Lots 1 . '24 inc adj 3 ft of Main Av vac.; S 5 ft of E 182.6 ft of Lot 25 and N 48 ft Lot 1, Block i, Paul E. Olson & Son, Inc. Sub'd. 8, CONSTRUCTION OF STREET IlPROVEEIENT NO. BA-244., COURT FRO11 LINCOLN DRIVE TO CUL-DE-SAC thru 14, Block 1, The Habitat Addition -. 9. CONSTRUCTION OF STREET IEPROVEliENT NO. BA 243. District description: ALL STREETS IN PARJWOOD KNOLLS 21ST ADDITION. The area proposed to be assessed for said improvement is as follows: Lots 1 " .thru 3, Block 1; Lots 1 thru 10,.Block 2; Lots 1 thru 17, Block 3; Lots 1 thru >ssesmf on ~ie followimg will be payable in one (1) installment collectible with real estate taxes payable in 1982, with interest on the enkAe assesmt at the rate of 74% per annrrm. District description:. 50TH STREET AND FRANCE AVENUE BUSINESS DISTRICT. '1 The,area proposed to be assessed. for said improvement.is as follows: 2 -Lot: 21, 22 and S 42% ft of-Lot 20 and N 7% ft of Lot 23, ex rd; that part 05 Lot 24 lying S of the N 37 ft; N 37 ft of Lot 24; Lot 25 and N 147 ft of tot 29 and E 1 ft of N 147 ft of Lot 30; Lot 26 thru 28 and S 3 Tt of Lot.29 also N 65 ft, of S 119.9 ft of Lot'30 and E 1 ft; of 4 133 ft of Lot'30 ex st;-T.7 P19.9 . 7, Block 4; Parkwood Knolls 21st Addition, ._ .- 10, Ca!STRUCTION OF PfAINTENANCE IlPROVk4ENT El-1981 A $ -. i .- s 8/17/81 205 ft: of Lot 33; S 126 ft of Lot 34 and E 13 ft of Lot 35; W 28 ft of E 41 ft of S 90 ft of.Lot 35; Com at a pt in S line of Lot 35 dis 41 ft W from SE cor thof th N 90 ft th E 28 ft th N 36 ft th W to E line of W 74.2 ft of Lot 35, th N along said E line to N line of S 160.3 ft of Lot 35 th W along N line to W line thof th S to SW cor thof th E to beg also th part of S 150.3 ft of Lot 36 lying Ely of a line running from a pt in S line 'thof dis 21.9 ft W from SE cor thof to a pt in N of E 172 ft of S 150 ft of N% of Lot 36 ex st; th part of S 150.3 ft of Lot 36 'lying Wly of a line running from a pt in S line thof dis 21.9 ft W from SE COT thof to a pt in N line thof dis 21.45 ft W from NE cor thof ex st; th part of the following desc premises lying below the elevation of 899 feet mean sea level 1929 adjustment: Lot 43, Aud Sub'd /I172 and the S 2 ft of E 6 ft of N 166.5 ft of Lot 43 and that part of Lot 43.lying S of N 166.5 ft thof and E of RLS 1426 and Nly of a line dram from the most Sly and Ely cor of Tract A, RLS 1426 to a point on the E line of \J 107 Et of Lot 44, Aud Sub'd 6172 dis 151.05 ft N of S line . thof also that part of Tract A, RLS 1426 lying S of N 123 ft thof; Tract A, RLS 1426 and the N 166.5 ft of E 60 ft of Lot 43, Aud Sub'd ill72 and th part: of Lot 43 lying S of N 166.5 ft thof and. E of RLS 1426 and Nly of a line dram from the most Sly and Ely cor of Tract A, RLS 1426 to a point on E line Of w 107 ft of Lot 44, Aud Sub'd /I172 dis 181:05 ft N of S line thof except,that pt of the above desc premises lying below the elevation of 899 ft mean sea level 1929 adjustment desc as follows: the S 43.5 ft of N 166.5 ft of W 54 ft of E 60 ft of Lot 43 and the S 2 ft of E 6 ft of N 166,5 ft of Lot 43 ' and th part of Lot 43 lying S of N 166.5 ft thof and.E of RLS 1426 and Nly of a line drawn from the most Sly and Ely cor of Tract A, RLS 1426 to a point on the E l'ine of W 107 ft of Lot 44 dis 181.05'ft N of S line thof also th part of Tract A, RLS 1426 lying S of N 123 ft thof; W.107 ft of N 120 ft of Lot 44; th part of Lot 45 desc as com at a pt in NW cor of Lot 47 th S to SW cor thof th W 13.9 ft th S 1.1 ft th W 36.1 ft th S 2.4 Et th W to 'a pt 7 ft E from W line of Lot 45 th N 134.75 ft th W 4 ft th N to' S line of West 50th St. th. E 87 ft th. S to beg; S 70 ft of E 150 ft of Lot 45 & N 2 ft of 3% of Lot 49; N 102 ft of E% of S% of Lot 49 ex rd; Com at a pt in E line of Lot 49 dis 2 ft S from NE cor thof th S 40.16 ft th W to a pt in W line of E$ of Lot 49 dis 43.3 ft S from NW cor thof th N 41.3 ft to a pt 2 ft S from N line of said lot th E to beg; S 177.5 ft of'lot 31 ex st; S 177% ft of Lot 32 and th part of the N% of Lot 34 lying E of N . 14.75 ft thof and S of Allatas 1st Add'n ex st; the W 49 ft of Lot 47 and th part of the E 51 ft of Lot 47 lying N of the E S'2.45 ft thof; the N 113 ft of the S 183 ft of E 150 ft of Lot 45, Aud Sub'd #172 ex th part thof below the elevation of 897 ft above mean sea level and lying N of a line des as follows: Com at the NE cor of said S 183 ft th on an assumed bearing,of 50 deg 20 min 20 sec along the E line of Lot 45'a dis of 4.15 ft to the point of .beg of the line being desc th West 48.18 ft th Wly 49.02 ft along'a tangential curve to the left with a radius of 101.29 ft th S 62 deg 16 min 17'sec W to a dis of 32.39 ft th SWly 43.93 ft along a tangential curve to the left with a radius of 50 ft to the W line of the E 150 ft of Lot 45 and there ending; E 52 ft of S 150 ft of N% of Lot 36 ex st; all in Auditor's Subdivision 9172. . Lot 8, Lund Kruse Addition. Tract Cy Registered Land Siirvey #1426, Lot 1 and . the W 35 ft of E 172 ft of S 150 ft of Nk of Lot 36, Aud.:Sub'd ill72 ex st.; .. Replat Lot 6, Block 1, Lund Kruse Add.ition'; Lot 1, 'Block.1, Steven's First First payment of this assessment will be payable with the taxes for the year 1981, To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. assessed for the above improvements may pay the whole of the assessment without interest to the City Treasurer on or before November 15, 1981, or make payment. with accrued interest to the County Treasurer. to the District Court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or Clerk of the-City of Edina with thirty (30) days after the adoption of the assessment by the City Council, and by filing such -notice with the District Court within ten (10) days after service upon'the Mayor or Cierk: However, no appeal snap be taken as to an assessment unless a mitten objection signed by the affected property owner is filed with the Clerk of the City of Edina prior to the hearing or'presented to the presiding officer at the hearing. line thof dis 21.45 ft \J from NE cor thof; E 85 ft of W 120 ft . the S 43.5 ft 0f.N 166.5 ft of W 54 ft of E 60 ft of . . ' . cpllectible in 1982. The owner of the property . Any owner may appeal'ehe %assessment -i'ursuant to tfinnesota Statutes, the City cf Edina has adopted standards and @de- : lines for deferring special aSSCSSlllentS against homestead property oxded by persons . _. 65 - years .of age or o?d@r for whom payments wdl.d .be a hardship, To obtain defer- Tent,: a??I?lication must. be filed with the City AsSeSSor7s office by the close of business On the last business day before the City Counc:il meeting set out in the first Paragraph of this notice. FOX further infolmation and application forms, 'I Please call or visit the City Assessorts office, .. 206 8/ 17/8 1 BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Member Schmidt. , Kollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None - Motion carried. WATERHAIN IMPROVEMENT NO. WM-340' CONNECTION CHARGE CORRECTION NOTED. Being ad- vised that an error had been made in the MinutesBof January 5, 1981, relative to a connection charge for Lot 3, Block 1, Crosstown Hill Addition for W.M-340, Mem- ber Schmidt offered the following resolution, and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the assessment of the connection charge for Watermain Improvement No. TJM-340 against Lot 3, Block 1, Crosstown Hill Addition, said watermain assessment to be levied in the amount of $992.17 over a six year period at the rate of 7%. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. IMPROVEMENT NO. ST.S-167 CORRECTION NOTED. an error had been made in-the numbering of ST.S-167 (see Minutes of July 6, 198L) Member Bredesen's motion was seconded by Member Schmidt, correcting the refer- ence to ST.S-166 to read "ST.S-167". Ayes: Bredesen, Richards, Schmidt, Turner, Courtney . Nays: None Motion carried. Being advised by Mr. Hoffman that . PHIIJXPBACON PENSION INCREASE APPROVED. Mr. Rosland recalled that the time the Edina Firemen's Relief Association benefits were revised, it was indicated that the increase service, but of 50, would Nr. Rosland, tion : WHEREAS, the in benefits for those who had resigned with at least twenty years of were not elegible for a pension because they had not reached the age have to be brought back to Council for approval. As recommended by Member Schmidt offered the following resolution and moved its adop- I . RESOLUTION -. City of Edina has approved the increase in benefits for all cur- rent retirees on the Edina Firemen's Relief Association in April, 1981; and IMEREAS, Phillip L..Bacon was in a deferred pension status on the enactment date. of those increases and, therefore, requires individual approval; and TJREREAS, Phillip L. Bacon has been approved for pension by the Relief Association, having reached 50 years of age and having 23 years of service with the Edina Fire Department ; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina does approve raising the pension benefits for Phillip L. Bacon to the level already approved for the current retirees. Motion for adoption of the Resolution was seconded by Member Turner. Ayes:. Bredesen, Richards, Schmidt, Turner, Courtney .~ Nays: None Resolution adopted. TODD PA% HOUSE PURCHASE AUTHORIZED. Being advised by.M~. Rosland.-that the *pur- chase price of the Todd Park house was included in the Park Bond Referendum, and that the owners are now willing to negotiate with the City, Member Bredesen of- fered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the Mayor and Clerk be and are hereby authorized to execute the purchase by the City of the following described property in the amount of $69,500, with apurchase date of August 1, 1982: Motion for adoption of the resolution was secunded by Xember Tumer. Lot 7, Block 13, Cleaveland's Subdivision of Emma Abbott Park, - Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: . None Resolution adopted. METROPOLITAN COUNCIL CONMITTEE OPENINGS ANNOUNCED. Metropolitan Council has announced openings on a Blue Ribbon Task Force that will deal with the issue of the future of health planning in the Twin Cities Metro- politan Area, and that there axe also vacancies on the Council's Advisory Com- mittee on Aging. Council was advised that the in response to a recommendatlon of Mrs. Alison Fuhr, Member 8/17/81 207 Btedasea said that he did not believe that the Council should make recommenda- tions for these vacariies , but that individual. Council members could make recom- mendations could write personal letters' of recommendation. No formal action was taken. RECYCLING PUBLICITY ENCOURAGED. paper suggesting that some recycLing'centers may-be closing because of lack of Mr. Bredesen referred to an. article in the participation on the part of residents and asked that special notice be made in the October Newsletter so that Edina residents would be aware that the need gor materials to be recycled still exists. No formal action was taken. PARKBOARD RECOIIMENDATION ON LEONARD PROPERTY DISCUSSED. of Nember Turner, Nr. Rosland advised that Council would receive copies of the Park Board Minutes describing the Board's action on the Leonard property which is generally. located East of Blake Road and South of Fox Meadow Lane, and emphasized that the Council would make the final decision on the development of the land. No formal action was taken. In response to a question POLICE DISCIPLINARY PROBLEM DISCUSSED. Mr. Rosland advised Council that the City Attorney is working on a Police Depar-iment disciplinary action and recommended that the hearing should take place before a Special Meeting of three Council members, rather than by the Council as a whole. Mr. Erickson clarified that these three members would be a "Hearing Body" and that the entire Council would review the testimony and arrive at a decision at a Special Meeting which should be held before September 15, 1981. Mr. Erickson said that the Council will be advised whether this should be a private or public meeting. seconded by Member Schmidt, that the Mayor appoint a sub-committee of three members to conduct the disciplinary hearing. m 0 m 3. Member Turner's motion was . a Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. Volunteering €or the sub-committee and being appointed by the Mayor were Members Richards, Turner and Courtney, with the understanding that the hearing be held before September 3, 1981. PROSECUTING ATTORNEY DUTIES TO BE STLqIED. As recommended by Mr. Rosland, Mem- ber Bredesen's inotion was seconded by Member Schmidt, appointing Member Richards to study the duties and challenges of the Prosecuting Attorney's Office, along with the possibility of appointing a new Prosecutor. Member Bredesen's motion was then seconded by Member Schmidt that Member Richards serve as an advisor to the staff in regard to this matter. , I 3 Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None *Motion carried. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS JOIITT AGREEMENT APPROVED. As recommended by Mr. Rosland, Member Schmidt offered the following resolution and moved its adopt ion : WHEREAS, the City of Edina, Minnesota, and the County of Hennepin have in effect a Joint Cooperation Agreement, County Contract No. 90442, for the purposes of the United States Department of Housing and Urban Development Community Development Block Grant program; and WHEmAS, the City and the County wish to terminate the Agreement and execute 3 new Joint Cooperation Agreement, County Contract No, 1.0379; NOW, THEREFORE, BE IT RESOLVED, that the current Joint Cooperation Agreement between the City and The County, County Contract No. 90442, be terminated effective September 30, 1981, and a new 3oint Cooperation Agreement between the City and the County, County Contract No. 1G379, be executed effective October 1, 1981, and that the Mayor arid the Xanager be authorized to sign the Agreement on behalf oE the City. Motion for adoption of the resolution was seconded by Member Turner. RESOLUTION Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted, LIqUOR REPORT as of June 30, 1981, was presented by Mr. Dalen, reviewed and ordered pl.aced on file by motion of Member Schmidt, seconded by Member iXchards. Ayes : Bredesen, Richards, Schmidt , Tumer, Courtney . Nays: None lotip carried. 8/17/81 208 CLAIMS PAID. ment of the following Claims as per Pre-List: $5,710.84; Art Center, $7,230.38; Park Construction, $15.05; Swimming Pool, $1,783.59; Golf Course, $51,584.01; Arena, $16,354.88; Gun Range, $45.00; Water Fund, $9,088.18; Sewer Fund, $117,566.41; Liquor Fund,'$91,275.53; Construction * Fund, $310,031.27; Total, $670,906.67; and for confirmation of payment of the following Claims: General Fund, $479,163.45; Park Fund, $396.70; Art Center, $70.81; Swimming Pool, $891.50; Golf Course, $4,377.25; Arena, $21.93; Gun Range, $69.62; Water Fund, $549.35; Liquor, $207,687.66; Construction, $40,611.22; Total, $733.839.49. Notion of Member Turner was seconded by Member Bredesen, for pay- General Fund, $60,221.53; Park Fund, . '- I Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. No further business appearing, the Mayor declared the meeting adjourned. ment at 9:18 p.m. Adjourn- .. .. f '.