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HomeMy WebLinkAbout19820503_edina_city_councilMINUTES EDINA CITY COUNCIL MAY 3, 1982 Answering rollcall were Members Bredesen, Richards, Schmidt and Mayor Courtney. - WALK FOR MANKIND PROCLAMATION ISSUED. which was received by Mrs. Patricia Gislason, 5205 Minnehaha Blvd.: IJHEREAS, Project Concern of Minnesota, Inc., has promoted community involvement in Minnesota for 13 years; and WHEREAS, Project Concern of Minnesota, Inc., has promoted the Walk for Mankind involving over 79,000 youth and adults in Minnesota; and WHEREAS, Project Concern of Minnesota, Inc., shall set aside the week of May 9 through May 15, 1982, to promote the Walk for Mankind and educate the community in the problems of poverty; and WHEREAS, Project Concern of,Minnesota, Inc., provides health care to 40 clinics around the world and in the U. S.; and WHEREAS, their motto is "Feed a man a fish, you feed him for a day. man to fish, you feed him for a lifetime." NOW, THEREFORE, I, C. Wayne Courtney, Mayor of the City of Edina, do hereby proclaim the week' of May 9 through May 15, 1982, to be in Edina and do urge all citizens to take note of this worthy occasion. The Mayor read the following proclamation PRO CLAMAT ION Teach a WALK FOR MANKIND WEEK MARTH COURT IMPROVEMENTS CONTINUED TO MAY 17, 1982. Being adxised by.Mf. Rosland that the developer has requested continuation of the Marth Court improvements, Member Richards' motion was seconded by Member Schmidt, continuing Improvements Nos. P-BA-254, P-C-140, P-SS-364 and P-WM-349 until May 17, 1982. Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. MILLPOND WEED CONTROL IMPROVEMENT NO. WC-1 AUTHORIZED. that the improvement hearing,for weed control for the Millpond had been scheduled Mr , Rosland recalled - because of a petition of property owners. Clerk, approved as to form and ordered plzcecl on file. given, public hearing was conducted and action taken as hereinafter recorded: 1. HARVESTING OF AQUATIC WEEDS FROM MINNEHAHA CREEK MILL POND Mr. Rosland presented total estimated improvement cost at $7,600.00, pro- posed to be assessed against 63 properties at $95.83 per assessable lot,. with the first cutting to take place the first part of June and the second cutting in late summer.' the Fresh Water Biological Institute on Mr. Edward Wambold, 4804 W. Sunnyslope, said that he spoke for neighbors who favor cutting the weeds this year, but studying a long term solution for future years. Mrs. Ray Johnson, 4805 E. Sunnyslope, requested that the weeds be cut in early August, rather than waiting until the end of the month. Mr. Ray Johnson suggested that the specifications call for cutting weeds at a certain depth and starting at the dam and working upstream. Sunnyslope recalled that the man doing the cutting last year said that he was not to cut by his property. Mr. Hughes explained that the estimate'of cost given for the project did not include anyone to inspect the project, and that the cost would be increased if an inspector would have to be present during the cutting. Mr. Ronald Hardy, 4506 Browndale Ave., said that he supports the proposal, but recomrdended that the contractor be requested to post a Letter of Credit in order to protect Browndale Park. He recalled that the contractor who did the work last year ruined the sod where he drove across the park and also that refuse was stored along the bank of the creek for several days. Mr. Hardy also objected that the contractor started work too early in the morning on July 4. - that the City would try to strengthen the specifications, but warned that there are not many weed cutters from whom to chose. In response to a question of Mr., Ted Edin, austere budget and that approximately 15% would have to be added to the estimate for an inspector. Mr. Frank Lushine of Browndale Avenue, said that 78 canoes passed his house last Sunday, and suggested that the City should pay more than * $1,500 toward the project. Mayor Courtney recalled that the City's State Aids had been cut and that the Council must do what is best for the entire City. Mr. Ros- land recalled that Indianhead Lake residents have paid $27,000 to eliminate problems in their lake. that some sort of ratio be developed so that those residents living on the creek should pay more. Being advised by Mr. Hughes that only those residents who contri- Affidavits of Notice were presented by Due notice having been .. Mr. Hughes recalled that a meeting had been scheduled at May 5, 1983 to discuss future solutions. Mr. Eugene Roberts; Jr., 4917 E.. Mr. Rosland said Mr. Hughes explained that the City tried to have the cutting done on an I An unidentified gentleman in the audience suggested 5/3/82 80 buted to the fund last year were sent notices of this meeting, Member Bredesen suggested that the properties by the Browndale Bridge should also be assessed for the improvement. Mr. P. W. Hitzelbergcr, 4812 14, Sunnyslope and Mr. James Gray, 4909 E. Sunnyslope encouraged cutting the weeas this year, but looking for a more permanent solution for future treatment. that residents who did not receive notice of this hearing could not be included in the assessment but that they could be asked to help pay the cost. No further discussion being heard, Member Schmidt moved that the improvement be authorized as recommended and that a letter be sent to other neighbors asking them to parti- cipate in the assessment and advising that a hearing on the weeds will be con- ducted each year. adoption : City. Attorney Erickson'said She thereupon offered the following resolution and moved its RESOLUTION ORDERING WEED CONTROL INPROVEMENT NO. FJC-1 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement : 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 advised of the pertinent facts, does hereby determine to proceed with the con- struction of said improvement, with the condition that the weeds be cut in early August, rather than later in the month, and further with the understanding that other property owners considered to be benefited be asked to participate in the cost of the assessment, including all proceedings which may be necessary in emin-. ent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated WEED CONTROL DIPROVEMENT NO. WC-1 IN MINNEHAHA CREEK MILLPOND and shall be referred to in all subsequent proceedings as ..- WEED CONTROL IWROVEMENT NO. WC-1 and the area to be specially assessed therefor shall include Lots 1 thru 22, Block 4, Lots 1-thru 18, Block 14, and Lots 4 thru 8, Block 5, all in Country Club District Brown Section, Lots 1 thru 4, Block 1, Lots 1 thru 12, Block 6, and Lots 2 and 4 thru 9, Block 3, all in Country Club District Sunnyslope Section; . Lots 1 and 2, Block 1, Sunnyslope Addition-Eitel Replat and Parcel 2000, Section 18, Township 28, Range 24. lotion for adoption of the resolution was seconded by Nember Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Resolution adopted. HEARING DATES SET FORVARIOUS PLANNING MATTERS. Motion of Member Bredesen was seconded by Member Schmidt, setting May 17, 1982, for hearing date for the fol- lowing Planning matters: 1. Corkins Addition - Preliminary Plat Approval (generally located in -. 2. M. H. Haymaker - R-1 Residential District to PRD-3 Planned Residential the Southwest quadrant of Schaefer Road and Interlachen Blvd. District (generally located in the Southwest quadrant of Summit Ave. and Interlachen Blvd. Jack Helms - R-2 Residential District to PRD-2 Planned Residential District (generally located South of Vernon Avenue and East of'Vernon Court 3. Ayes : Bredesen, Richards, Schmidt , Courtney Nays: None Motion carried. ORDINANCE NO. 811-A160 SECOND READING DENIED. Mr. Hughes recalled that Ordin- ance No. 811-A160, regulating mechanical amusement devices, had been granted First Reading at the Council Meeting of April 19, 1982. Member:'Richards said that he would oppose adoption of the ordinance inasmuch as he believed that the C-1 Zoning District is closer to residential areas and would impact too greatly on the neighborhood. He emphasized that the mechanical amusement devices which have been licensed at Rigotto's Restaurant were illegal inasmuch as the Zoning Ordinance has not allowed such use in the C-1 Commercial District. Mr. Rosland pointed out that machines have not caused any problem at this location and said that he disliked hurting someone's business unless the machines were really a nuisance. Mayor Courtney said that he believed that, if any change is to be made ... . in Ordinance No. 811-A160, the hearing should be continued for full Council con- sideration and that the owners of Rigotto's should be told that the matter is still under discussion. Member Schmidt suggested that, if a problem should develop, the ordinance could be amended at any future time. It was clarified that mechanical amusement devices in Clancy Drug Store's basement had been legal at the time that they were installed and could be grandfathered in. I' Mem- 51 31 82 ber Bredesen's motion that Ordinance No. 811-1A160 be amended to allow one mecli- anical amusement device in the C-1 Commercial District was seconded by Member Richards. Rollcall. : Ayes : Bredesen, Richards Nays : Schmidt , Courtney Motion lost. Member Schmidt then offered Ordinance No. 811-A160 as passed at First Reading. Motion was seconded by Mayor Courtney. Rollcall : Ayes : Schmidt, Courtney Nays : Bredesen, Richards Motion lost. MINNEHAHA CREEK MANAGEMENT POLICY ADOPTED. Mr. Hughes recalled that the Minne- haha Creek Management Policy had been continued from the Council Meeting of April 19, 1982, so that Mrs. Shirley Taylor, Mr. Dudley Parsons and Mr. Norman Crosby could work with Mr. Hughes in developing a resolution to be presented to the Department of Natural Resources and the Minnehaha Creek Watershed District. Mrs. Taylor expressed her satisfaction with the resolution which Mr. Hughes submitted for Council approval. Mr. Crosby also spoke in support of the resolu- tion. No further discussion being heard, Member Bredesen offered the following resolution and moved its adoption: (Member Richards absented himself during the entire discussion and vote.) RESOLUTION BE IT RESOLVED that the Edina City Council 1. Continues to support the basic objectives of the Headwaters Control Structure which are to reduce creek flows during high water periods and thereby reduce flooding and to increase creek flows during low water periods and thereby enhance recreational opportunities; and 2. Structure Management Policy with the following modifications: Supports in general terms the objectives of the Proposed Headwaters Control The proposal for "special flows" during the summer months should be deleted due to adverse effects on wildlife populations; An adequate base flow for the open water season should be provided to insure recreational uses during June, July and August; To insure such a base flow, the ware? budget for May 15 through September should not be less than 4,000 acre feet; The rapid and drastic draw downs of Lake Minnetonka in early spring and late fall months should be reduced to accomplish the objectives of the Head- waters Control Structure; The policy should be designed to allow for maximum flexibility to respond to changing-conditions and in order to determine a proper and equitable balance between lake levels and creek flows. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Schmidt, Courtney Nays: None Abstaining: Richards NOISE REGULATIONS CONSIDERED. Mr. Rosland called Council's attention to the complaint of a resident who said that her neighbospersists in playing their loudspeaker too loud and that 'the matter has become a real neighborhood problem. Member Schmidt said that she had received a call saying that the neighbor was using his loudspeaker and hedge trimmer at the same time and that the noise was most objectionable. Mr. Rosland advised that he is checking into the matter to see what action the City can take. No formal action was taken. BRAEMAR PATH GRADING BID AWARDED. Mr. Rosland presented a tabulation of two bids received for grading of Braemar Path showing G.L. Contracting low bidder at $9,520.00 and Matt Bullock Contracting at $10,320.00. Member Schmidt's motion was seconded by Member Bredesen for award to recommended low bidder, G.L. Contracting at $9,520.00. Ayes : Bredesen, Richards, Schmidt , Courtney Nays: None Motion carried. POLICE PROFESSIONAL LIABILITY INSURANCE BID AWARDED. Mr. Rosland presented tabulation of three bids for a $500,000 Police Professional Liability Insurance Policy which showed Blue Ridge Insurance low bidder at $9,948, Transit Casualty Company at $9,954.00 and Calvert Insurance Company high bidder at $10,G50. Member Bredesen's motion for award to Transit Casualty-for- broader. coverag& was 5/ 3/82 seconded by Member Schmidt. Ayes : Bredesen, Rikhards, Schmidt, Courtney Nays: None Plotioiz carried. PUBLIC OFFICIALS LIAEILITY INSURANCE BID AWARDED. Mr. Rosland presented tabula- tion of bids for a three year policy for insurance for public officials showing ' JJestern World low bidder at $11,139, International Surplus Lines at $12,500, and Midland Insurance at $12,787. Member Bredesen's motion for award to recom- mended low bidder, Western World, was seconded by Member Schmidt. Ayes: Brsdesen, Richards, Schmidt, Courtney Nays: None Motion carried. Member Bredesen thereupon offered the following resolution indemnifying public officials and moved its adoption: BE IT PaSOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA: 1. That the City of Edina shall indemnify and provide defense for the Mayor and City Council, as well as for all boards and commissions of the .City appointed by the City Council, against judgments or any amounts paid in settlement actually and reasonably incurred in connection with any tort claim or demand arising out of an alleged act or omission by said Mayor and Council and board and commfs- sion members occurring within the scope of their employment or official duties. 2. board and commission members shall not apply in any case of malfeasance in office or willful or wanton neglect of duty. 3. The indemnity granted by this resolution shall not exceed the limitations set forth in Minnesota Statutes, g46604, or such greater amount as may result from the City of Edina having procured liability insurance pursuant to Minnesota Statutes, §466.04. Motion for adoption of the resolution was seconded by Member Schmidt. RESOLUTION . The indemnification and defense provided for said Mayor and Council and. Rollcall : Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None I Resolution adopted. EOINA FOUIWATIOB APPOINTNENTS APPROVZD. As recommended by the Nayor, Xexber Bredesen's motion was seconded by Member Schmidt, for reappointment of Hr. Rich- ard Wyatt and Mr. Robert Sherman for a three ye:ar term of office oh'.the Edina . Foundation, which term of office will run to June, 1985. Ayes : Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. - DR. DONALD PRYOR RETIREMENT ANNOUNCED FROM EDINA SCHOOL DISTRICT. Mr. Rosland advised council of the retirement of Dr. Donald I. Pryor from the Edina School District and that a reception will be held for him on May 20,from 3 to 5 p.m. Member Schmidt thereupon offered the following resolution and moved its adoption: RESOLUTION OF APPRECIATION TO DR. DONALD I. PRYOR WHEREAS., Dr. Donald July 1, 1955, with loyalty and dedication to duty; and WHEREAS, Dr. Donald I. Pryor originally was employed by the School District as Administrative Assistant, being promoted in 1959 to his present position which WHEREAS, in an effort to better serve the Edina School District, Dr. Pryor continued his studies in the field of education, earning his Doctorate from the University of Minnesota in 1978; and WHEREAS, Dr. Pryor has given generously of his time and efforts toward the bet- terment of Edina School District No. 273; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby extend to its expression of appreciation to him for serving the School District well and faithfully and does further extend its best wishes for good health, success and prosperity for many years to come; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the pages . of the Pfinutes Book of the Edina City Council and that a suitable copy be pre- sented to Qr, Pryor upon this occasion of his retirement from the Edina Public School System. Motion for adoption of the resolution was seconded by Member Richards and unani- mously carried. I. Pryor has served Edina School District No:273 since . . now carries the title of Director of Business Services; and DR. DONALD I. PRYOR 5/3/82 83 H.O.M.E. APPOINTMENT NC IINEE REQUESTED. Mayor Courtney advised that the Council has been requested to appoint a person to serve as a member of the H.O.M.E. Com- mittee and asked that Council submit nominations for the position. action was taken. No formal LEAGUE OF WOMEN VOTERS TOWN MEETING DATE SET. Mr. Rosland advised that the Edina League of Women Voters are interested in conducting a Town Meeting at which, among other items of interest, Edina in the 80's will be discussed. was moved by Member Schmidt and seconded by Member Richards that the Town Meet- ing be held on May 25 between 7 and 9 p.m. and that representatives from all service clubs.be invited. it Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. . COLONIAL WAY SIDEWALK PETITION RECEIVED. by Member Schmidt, referring ii petition for a sidewalk abutting Colonial Way to the Engineering Department for processing. Motion of Member Richards was seconded Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. ORDINANCE NO. 211-A1 GRANTED SECOND READING. Member Schmidt offered the.follow- ing ordinance for Second Reading and moved its adoption: ORDINANCE NO. 211-A1 AN ORDINANCE AMENDING ORDINANCE NO. 211 TO REQUIRF: COMPLIANCE WITH THE ZONING ORDINANCE (NO. 811) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: . Section 1. Section 19. times be located only in a zoning district where such machines and the number thereof, are allowed by the applicable provisions of the Zoning Ordinance (No. 811). Sec. 2. This ordinance shall be in full force and effect upon its passage Ordinance No. 211 is hereby amended by adding a new Section 19. Compliance with Zoning Ordinance. All machines shall at all and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. Rollcall : ' Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Ordinance adopted. ,' I ATTEST : ayo r r City Clerk U U ORDINANCE NO. 171-A7 ADOPTED ON SECOND READING. lowing ordinance for Second Reading and moved its adoption: Member Schmidt offered the fol- - ORDINANCE NO. 171-~7 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO INCREASE THE AMOUNTS OF CERTAIN FEES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The amount of .the following described Fee Number of Schedule A to Ordinance No. 171 is amended to read as follows: Amount $100.00 per machine for machines not described in Fee No. 5b Section l(a) Sec. 2. age and publication. Motion for adoption of the ordinance was seconded by Member Bredesen. This ordinance shalLbe in full force and effect upon its pass- Rollcall: Ayes:. Bredesen, Richards, Schmidt, Courtney Nays: None Ordinance adopted. , ATTEST : dhd. h- City Clerk e. M& or 0 .. CLAIMS PAID. Motion of Member Schmidt was seconded by Member Bredesen for pay- 5/3/82 ment of t,,e following claims as per Pre-List dated May 3, 1982: $50,509.87; Park Fund, $8,974.82; Art Center, $3,089.24; Swimming Pool, $1,173.66; Golf Course, $9,755.53; Recreation Center, $1,255.77; Water Fund, $2,137.19; Sewer Fund, $8,478..32; Liquor Fund, $2,210.94; Construction, $177.40; Total, $87,762.74; and for confirmation of payment of the following Claims: General Fund, $8,265.03; Park Fund, $774.19; Art Center, $287.90; Swimming Pool, $32.46; Golf Course, $705.51; Arena, $296.53; Gun, $62.82; Water Fund, $1,703.02; Sewer Fund, $37.16; Liquor Fund, $142,308-22; Construction, $4,300.00; Total, $198,773.04. General Fund, Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. No further business appearing, the Mayor declared the meeting adjourned. .ment at 8:25 p.m. Adjourn- d, fh City Clerk