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HomeMy WebLinkAbout19830516_regular282 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT .CITY HALL MAY 16, 1983 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor - Courtney. THOMAS OMESTAD CONGRATULATED. of Congratulations to Thomas Omestad, which resolution was unanimously adopted: WHEREAS, Thomas Omestad, an honor student of Edina High School, graduated from the University of Minnesota in Economics with a grade point average of 3.91; and WHEREAS, Thomas Omestad was one of ten students to win the coveted Carnegie Endowment for International Peace Internships, under whose sponsorship he will spend six months with Foreign Policy magazine in Washington, D.C.; and %REAS, Thomas Omestad will be assisting authors with research and reviewing manuscripts and hopes for a career in foreign policy; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby commend Mayor Courtney presented the following Resolution RESOLUTION OF CONGRATULATIONS THOMAS OMESTAD -for his outstanding academic accomplishments and does wish him every success in his future endeavors; and BE IT FURTHER RESOLVED that this resolution be spread upon the pages of the Minutes Book of the Edina City Council and that an appropriate copy be presented to him. e- RUTH HORSTMANN COMMENDED FOR TOYS FOR TOTS PROGRAM. Mr. Rosland advised that Ruth Horstmann of the Edina Fire Department has been the coordinator of the Edina Toys for Tots Program sponsored by the Marine Corps Reserves for the past three years of participation by the City. As coordinator she has organized the drop- off areas, the City-wide publicity, along with the pick-up of toys donated which are then distributed through the Marine Corps Reserves to agencies and referred individuals, thereby making Christmas an extra special day for some lucky needy children. with a Certificate of Appreciation from the Marine Corps Reserves. -The CounCil joined in thanking Ruth for her time and,effort:in this program. MINUTES of the Regular Meeting of April 18, 1983, and the Special Meeting of April 25, 1983, were approved as submitted by motion of Member Schmidt, seconded by Member Turner. Mr. Rosland commended her for this volunteer effort and presented her PUBLIC HEARING CONDUCTED ON GOLF TERRACE IMPROMNT NO. P-BA-260. Notice were presented by Acting City Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearing was conducted and action taken as hereinafter set forth: Affidavits of A. PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER P-BA-260 IN THE FOLLOWING : Golf Terrace from Wooddale Avenue Westerly 2100 Feet Plus or Minus Mr. Rosland presented total estimated construction cost for Permanent Street Surfacing with Concrete Curb & Gutter at $122,173.41, with the estimated amount to be paid by the City at $61,086.71 and the estimated amount to be assessed at $61,086.70, proposed to be assessed against 3,848.48 assessable feet at an esimated cost of $15.87 per foot ... Engineer Hoffman explained that construction of this improvement, if approved, could be accomplished in 1983 with the except- ion of a finishing seal coat.which will be applied in June of 1984. Assessments would then be levied in 1984 with the initial installment due in 1985. *his improvement is proposed to be assessed over a ten year period at an annual rate of interest not to exceed the amount allowed by law. hearing has been called as a result of concern over the deteriorated condition of the curb and some portions of the street. Kenneth and Grace Manick, 4705 Golf Terrace, stating they do not wish to parti- cipate in the proposed concrete curb and gutter replacement project. Kovpick, 4708 Lakeview Drive, pointed-out that her lot is partly on Golf Terrace and that there is no curb and gutter on the Lakeview Drive main side; and that talking to Mr. Hoffman he indicated the curb and gutter was proposed to stop at the driveway. She stated that she did not see the need for curb and gutter and that it would look strange if it were only constructed on part of her lot, but that she was supportive of the street improvement. view Drive, commented that he was in favor of the street improvement but did not see where curb and gutter would enhance his property. the project as proposed were John Barton, 4700 Golf Terrace and Dick McGuire, 4615 Golf Terrace. Member Richards stated that he would support. the project, but suggested the City Engineer work with the two property owners on Lakeview Mr. Hoffman stated this Note was made of a letter from Susan John Burritt, 2706 Lake- Speaking in favor of 5/16/83 ., 283 Drive to determine a termination point for the curb and gutter at the Lakeview Drive point. ing resolution and moved its adoption: There being no further comment, Member Richards offered the follow- RESOLUTION ORDERING IMPROVEMENT NO. ~~-260 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: A. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER BA-260 IN THE FOLLOWING: _- Golf Terrace from Wooddale Avenue Westerly 2100 Feet Plus or Minus 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, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easemnts and rights for con- struction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as: I PERMANENT STREET SURFACING WITH CONCRETE CURB AND..GUTTER IMPROVEMENT NO. BA-260 and the area to be specially assessed therefore shall include Lots 1 thru 6, Block 1; Lots 1 thru 6, Block 2; Lots 1 thru 7, Block 3; Lots 1 thru 7, Block 4; and vacated streets, Hansen & Park 1st Addition, Country Club District; Lots 1 thru 9, Block 2, Lots 1 thru 4, Block 3; Lots 1 thru 3, Block 4; and vacated streets, Golf Terrace Heights Addition. Motion for adoption of the resolution was seconded by Member Bredesen. P m c) a co Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. m KENNETH "CHIP" GLASER REZONING REQUEST FROM PID PLANNED INDUSTRIAL DISTRICT TO C-1 COMMERCIAL DISTRICT CONTINUED TO 6-6-83. Member Bredesen's motion was seconded by Member Schmidt, to continue the public hearing on the Kenneth "Chip" Glaser property for rezoning to June 6, 1983. As requested by the proponent, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. NORMANDALE BLUFF PRELIMINARY PLAT REFERRED BACK TO PLANNING COMMISSION. Mr. Hughes recalled that this matter was heard by Council at its meeting of April 18, 1983. At that time a subdivision was requested for the property generally located west of Rolf Avenue and south of W. 64th Street and involved the creation of one new buildable lot lying to the south of the existing dwelling on the site which is composed of 4.5 lots. the matter be referred back to the Community Development and Planning Commission so that an alternate plan could be reviewed for the site. that Mr. Wallace submitted a revised proposal at the last Planning Commission meeting which again requested three lots on the property, all of which conform with the requirements of the Zoning Ordinance both from a lot width and lot area standpoint. In order to conform, the existing house would be remodeled and - the southerly addition to the house would be eliminated. Also, the garage would be remodeled from a 3-stall to a.2-stall garage. An existing lot line on the site is now proposed to be the division of Parcel B from Parcel C. However, a sideyard setback variance from the existing dwelling would be required after it is remodeled prior to issuance of a building permit for Parcel C to the south. Mr. Hughes pointed out that the northerly lot is different as there is no lot line in existence which separates Parcel A from Parcel B; therefore a subdivi- sion is being requested to separate the two parcels. The subdivision would be conditioned upon the garage being remodeled so as to maintain a 5-foot setback from the property line. recommended approval conditioned upon, 1) remodeling of the garage, and 2) sub- division dedication, with the understanding that Parcel C to the south would be buildable only with the remodeling of the existing dwelling and the granting of the'variance required. answer any questions. abuts in April she had engaged an engineering consultant to review her property in relation to the proposed subdivision. 1) the presence of a house high above the east of 6433 Mildred Avenue would not enhance property value or saleability, and 2) surface water entering her property from the northeast is causing some distress presently and any increase will cause severe erosion and damage. Duncan Wallace, proponent, had at that time requested that Mr. Hughes explained After reviewing the revised plan, the Planning Commission Mr. Hughes stated that the proponent was present to Arlene Joern, 6433 Mildred Avenue, stated that her home Parcel C of the subject property and that since the Council meeting - The consultant's letter had stated that Also listed were several recommendations if the pro- 5/16/83 284 posed subdivision were to be approved. Mrs. Joern submitted to the Council a statement of unanimous opposition to the proposed subdivision which had been signed by surrounding property owners, and expressed the neighborhood concern that the proposed subdivision will diminish the openness. She stated further that the Edina Comprehensive Plan provides that further subdivision of developed single family lots should be allowed only if the neighborhood character ar,d symmetry are preserved and that the proponent's plan is in conflict with the Plan. Responding to question of Mayor Courtney, subdivision met the Zoning Ordinance requirements and did in his opinion coincide with the Comprehensive Plan. Member Schmidt asked if the water run-off problem could be addressed. quested the topographic survey would be reviewed to determine if storm sewer or other drainage methods are required. Fredrick Oftel, 6400 Mildred Avenue, stated that he felt a 75-foot lot is the minimum for a house to be put on, and that the existing dwelling on the property cannot fit on a 75-foot lot. 6412 Rolf Avenue, presented a map of neighborhood lots on which were marked . those lots exceeding 75 feet, and reiterated his opposition to the proposed subdivision. depth and area is not enough to automatically grant approval of a subdivision, 2) consideration of opposition of property owners in the immediate area should be weighed in making a decision, and 3) that the subdivision be-denied as it would alter the character of the neighborhood. contended that Mr. Wallace's claim of undue hardship was not valid as defined in the State statute. Also noted was a letter from Rodger Rostad, 6433 Rolf Avenue,.in which he voiced his concern and strongly objected to the subdivi- sion as now proposed. Member Bredesen stated that he preferred the first plan over.Ehe revised one now submitted; that he did not feel 75-foot lots are not in keeping with the character of the neighborhood, that he considered proposed three lot subdivision buildable and moved preliminary plat approval, subject to the conditions outlined by the Planning Commission. seconded by Mayor Courtney. proposal and would not support the revised subdivision plan showing three 75-foot lots. of the open 75-foot lots adjacent to the park and that he would be supportive of a two lot subdivision for the site. Member Turner advised that she could not support the motion because of the inconsistency of the proposed subdivision with the spirit of the Comprehensive Plan and that subdivisions should be allowed only if they maintain the character and symmetry of the neighborhood. out that though the 75-foot lots meet the Zoning Ordinance requirement, Council should consider not just the footage but the present dwelling on the property which is located in the center of the site, and that she could not support the motion. The question of procedure was raised by Member Richards and Attorney Erickson advised that, 1) the matter could be referred back to the Planning Com- mission for further review, 2) staff could be directed to prepare a statement of Findings of Fact for Council's review and action at the next meeting, or 3) because State statute allows a period of 120 days from the time of application for a pro- posed subdivision for action by Council, the matter could be continued to allow for a response by the proponent. presented and moved that Council direct the Community Development and Planning Commission to again review the proposed subdivision and that the Commission be advised that Council would support a two-lot subdivision of the subject property. Motion was seconded by Member Richards. Mr. Hughes affirmed that the proposed Mr. Hughes stated that at the time a building permit is re- Robert Price, He argued that 1) meeting minimum lot requirements as to width, Mickey Keiffer, no address given, s- ' the The motion was Member Richards stated that he also liked the first He added that one of the issues pointed out was the extension Member Schmidt pointed Member Bredesen thereupon withdrew the motion as Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. GRACE CHURCH OF EDINA APPEAL FROM BOARD OF APPEALS & ADJUSTMENTS DECISION HEARING CONDUCTED. Mr. Hughes presented the appeal of Grace Church of Edina, 5300 France Avenue So., from the Board of Appeals'and Adjustments decision, advising that the request for parking setback variances was heard by the Board of Appeals on March 17, 1983, and April 21, 1983, and at the later meeting the Board denied the request. explained that Grace Church is proposing to expand its surface parking area along France Avenue to.West 52nd Street. family homes which had been acquired by the Church. maintain a 24-foot setback from France Avenue and a 20-foot setback from West 52nd Street. construction on the site and stated that Grace Church is currently in the process of a major expansion of its facilities. The Zoning Ordinance requires that park- ing for relfgious-institutions in the R-1 District maintain a 50-foot setback. Thus, the need for a 30-fOOt parking setback variance is required and was denied by the Board of Appeals. been sent to affected property owners as required, Council would not act on the Grace Church has now appealed the Board's decision to Council. Mr. Hughes The new parking area replaces seven single The proposed parking wpuld Mr. Hughes presented a graphic showing the present status of-the Mr. Hughes noted that inasmuch as legal notices had not 5/16 / 83 appeal at this meeting, but would receive testimony from the Church and the neighborhood. Member Turner noted that the Zoning Ordinance under revision and questioned what the proposed setback requirements would be. Mr. Hughes explained that staff would propose that the setback for church parking areas be reduced from 50 feet to 20 feet and that setback from abutting properties be increased from 5 feet to 10 feet. present as spokesman for the Church. He noted that the Church has been in this location on France Avenue for over 40 years and because of its phenomenal growth the current expansion of its facilities had been undertaken. worked with the City staff in developing the master-plan to build in an orderly fashion. He noted that the plan showed an approximate 13-foot setback from the abutting Halifax Avenue properties, that a berm is proposed for along France Avenue and that there would be landscaping and a retaining wall to allow park- ing in two levels so that only about one-third of the parking would be seen from France Avenue. of the neighborhood by this expanded parking area which would eliminate parking on the streets and would provide better traffic control. that a petition signed by over 300 members of Grace Church had been presented to Council requesting the granting of the parking setback variance along the Church's property on France Avenue and on 52nd Street. Member Richards asked what the Church's plans were for the future and what communities the members came from. Mr. Sentman replied that Grace Church's master plan was a matter of'public record and future expansion may extend the sanctuary'to .the Westto provide approximately 1,700 to 2,000 seats in the auditorium and chat the park- ing now planned which would provide for 626 cars would be adequate. that funds are not available at this time for additional expansion, and that the majority of people attending are Edina residents and Minneapolis residents from the area East of France Avenue, with some attending from Richfield, Bloom- ington, St. Louis Park and Eden Prairie. Member Schmidt commented that in her opinion Grace Church has been forthright and open during this whole process, that they have tried to plan adequate off-street parking and have worked with staff to accomplish this. Member Bredesen submitted that the basic question was where the parking lot should be positioned, inasmuch as they could meet the Zoning Ordinance requirement if it were located to the rear of the property. Mary Thatcher, 5309 Halifax Avenue, speaking for the neighborhood association, stated that they recognize that Grace Church has been a part of the community for many years but that the neighborhood is concerned about the impact of the Church's expansion by the removal of single family homes, the loss of privacy, the increase in traffic'and its dominance in a neighborhood of single family homes. Mrs. Thatcher submitted that 1) the additional parking the setbacE'--r variance would provide could be used to support a larger auditorium expansion, 2) that the large parking lot takes away the residential atmosphere of the neighborhood and should because of size have the maximum setback and landscaping, and 3) that a two level parking ramp is undesirable in a residential area and for these reasons the neighborhood association is asking Council to deny the variance to help maintain the quality, appearance and lack of congestion in the neighborhood. Edward Dahlin, 5219 France Ave., stated he was not opposed to the parking lot or the Church but would like to see a 50-foot setback and landscaping of the parking area. Sandy Williams, 5221 France Ave., presented a petition of neighbors from Minneapolis requesting that the denial of the 30-foot variance by the Board of Appeals be upheld by Council. Wesley Weber, 5101 Gorgas Avenue, expressed concern about the additional traffic, plans for future expansion of the Church, lighting for the parking lot, and the impact of the Church on the neighborhood. Bob Dutcher, 6241 Halifax Avenue, noted that there would be a 15-foot drbp from the top of the ramp to Halifax Avenue. Karen Liptek, 5324 Ewing Ave., presented a petition from residents on Ewing Av., stating they are very much in favor of Grace Church adding on a parking lot/ ramp to their existing facility and hope that the variance they are requesting is granted to ease the parking situation they currently face. 6001 Concord Ave., commented that she attends Grace Church and parishioners have been asked in the church bulletin to have concern for the neighbors and to park their cars so as not to cause problems. stated that he admired the ability of Grace Church members to expand at such a rate and that their work should be encouraged and promoted, but that expansion at this location should only be within the requirements of the Zoning Ordinance and any additional expansion should be carried on in areas where space is open and available like the Church is doing in Roseville. should not be granted. Jody Smith, 5201 Halifax Ave., questioned the need for the additional parking if the Church continues to use shuttle buses to the municipal ramp. Ralph Callway, 5324 Halifax Ave., commented .there .is.too&much traffic generated by the Church in this location and that they should establish a satellite church at another location and not enlarge their parking here. Paul Sentman, 6500 Parnell Ave., was The Church has He added that the Church desires to respond to the concerns Mr. Sentman noted He added * Naomi Hendricks, Gene Caddis, 5112 Gorgas Avo, He stated that the variance Also .. 5/16/83 286 speaking in opposition were Bob Boettcher, 5241 Halifax Ave., Dave Miller, 5241 France Ave., and Devere Brekke, 5221 Halifax Avenue. No further comments being heard, Mayor Courtney reiterated that Council could not take action at this meeting. Mr, Rosland noted that one of the Council Members would be out of town at the next regular meeting and because of the importance of the issue all five members should be present to vote on the appeal. agreed to continue the hearing to June 20, 1983, and staff was directed to publish and mail the required notice. Lt was unanimously EASEMENT VACATION FOR LOTS 2 AND 3, BLOCK 1, CROSSTOWN HILL CONFIRMED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoffman recalled that the hearing on the easement vacation for Lots 2 and 3, Block 1, Crosstown Hill had been conducted at the Council meeting of April 18, 1983, as petitioned by PearsodElmer Townhouses for vacation of drainage and utility easement to allow construction of a 5-unit townhouse project. Because required notice had not been published prior to the hearing Council is requested to confirm the adoption of the resoluting granting the easement vacation. appearing to be heard, Member Bredesen's motion was seconded by Member Schmidt confirming Council's adoption on April 18, 1983, of a resolution vacating the easement for drainage and utility purposes for Lots 2 and 3, Block 1, Crosstown Hill. No one Ro1lcal-l: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. PORTION OF -SON ROAD EASEMENT FOR ROAD AND UTILITY PURPOSES VACATION GRANTED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. vacation of easement for road and utility purposes for a portion of Amundson Road, recalling that Council had granted rezoning to PRD-3 Planned Residential District 2n April, 1983, for this property being developed by Gittleman Corporation. The City currently owns a 60-foot right of way on diagonal across the property which was acquired for continuation of Amundson Avenue from Cahill Road to Dewey Hill Road. However, the road was abandoned and the vacation is requested to allow con- struction of a proposed 108 unit condominium project for the site. Staff would recommend granting easement vacation for road and utility purposes with the condi- tion that Gittleman Corporation re-route the existing storm sewer and construct additional storm sewer through the property for drainage purposes. No objections being heard, Member Bredesen offered the following resolution and moved adoption: Mr. Hoffman presented the petition of Gittleman Corporation for RESOLUTION VACATING EASEMENT FOR ROAD AND UTILITY PURPOSES FOR PORTION OF AMUNDSON ROAD WHEREAS, a resolution of the City Council, adopted the 21st day of March, 1983, fixed a date for a public hearing on the proposed vacation of the following des- cribed easement for road and utility purposes as follows: That parr of the Southwest 1/4 of the Northeast 1/4 of Sebtion 8, Town- ship 116, Range 21, described as follows: Beginning at the Southwest comer of Lot 1, Block I, Braemar Oaks; thence Southwesterly at an angle of 106O 49' 58"-as turned clockwise from the South line of said Lot 1- to an intersection with a line 818 feet Northerly of and parallel with West a distance of 62.69 feet; thence Northeasterly to the Southeast cornex of Outlot A, Braemar Oaks; thence Easterly to the point of . beginning. All according to the United States Government survey, and to the recorded plat, Hennepin County, Minnesota; and the South line of said Southwest 1/4 of the Northeast 1/4; thence WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 16th day of May, 1983, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street 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 authority of any person, corporation, or municipality 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 vacation, to continue maintaining the same, or to enter upon such street 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 above described street easement is hereby vacated with the condition that the property owner (Gittleman Corporation) re-route the existing storm sewer on the property as approved by the City and effective upon receipt of a new utility easement in recordable form, duly executed and delivered without cost to the City of Edina, and that the Clerk is authorized and directed 5 1161 83 287 m 5 to cause a Notice of Completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. CONCERNS OF WATERMAN AVENUE RESIDENTS DISCUSSED. the concerns of Waterman Avenue residents regarding the problems created by tenants occupying 6309 Waterman Avenue had been discussed at the May 2, 1983, Council meet- ing. Mayor Courtney recalled that Attornev Erickson read a statement with.regard to that discussion pertaining Y to a citizen's accusation that Member Richards had a conflict of interest because of his openly admitted former representation of the alleged property owner. The statement concluded that Member Richards had not acted illegally or unethically and that neither Member Richards nor Council had taken any action on this matter to date which would require disqualification of Member Richards. even the appearance of impropriety, Member Richards excused himself and left the Council chambers. has been done: 1) Mr. Erickson has research the City ordinances and advised the Council of possible action that could be taken to correct any violations, 2) the Police Department has patrolled Waterman Avenue frequently, 3) the Animal Control Officer has passed the address three times a day to check for ordinance violation. Mr. Rosland also stated that George Coyne, the owner of the property, had been contacted and that he has put the property up for sale as a lot and is seeking a buyer. effort to make them better citizens. neighbors, Mr. Rosland advised that the departments involved would continue their efforts to address these concerns. Member Schmidt raised the question of Zoning Ordinance violation with regard to the number, transient occupancy and relation- ship of the occupants and made a motion that the City Attorney pursue the question of whether the occupants constitute a "family" within the meaning of the ordinance. Mr. Erickson pointed out that the Zoning Ordinance does not require occupants be related in order to be a family, but it is required that 1) that there be a kind of permanent household framework, 2) lack of transient occupancy, and 3) some supervision, parental authority or guidance activity in order to constitute a single family dwelling as defined by various court cases. that although she was sensitive to the frustration of the neighbors, she felt the remedy was to pursue strict enforcement of the City ordinances. said that he too sensed the neighbor's frustrations, but that there are certain rights that are granted to property owners and it would be difficult to apply a rule uniformly. across the community that would not serve a disservice to people. just because they were unrelated and living together, or were renters and that he could not support the motion to bring possible suit against the property owner. Mayor Courtney declared that the motion had failed for lack of a second. He added that the staff and City Attorney would continue to pursue remedies and options to resolve the problems created by the tenants of the subject property. Member Bredesen urged continued contact with Mr. Coyne to indicate the displeasure of Council with what has been occuring and the owner's reaction and that he be advised that if necessary the City will have to consider taking specific action against the.irresponsible conduct of the tenants. Member Turner's motion was seconded by Member Schmidt that this matter be placed on the Council Agenda of.June 6,,1983, for an update report. In order to avoid Mr. Rosland reported that since the last meeting the following Mr. Coyne had said that he could go and talk to the occupants in an In response to the voiced concerns of the ' Member Turner stated Member Bredesen I After further discussion Ayes: Bredesen, Schmidt, Turner, Courtney Nays: None Motion carried. -- - - __ ---. ;? .. . -" Nember Richards returned to the Council Meeting at this point. MINNEHAHA CREEK WATERSHED DISTRICT REPORTIHIGH WATER INVESTIGATIONS DISCUSSED. Mr. Rosland directed Council's attention to a report from E. A. Hickok and Assoc- iates, Engineer for the Minnehaha Creek Watershed District, made to the Watershed District regarding high water investigations of Minnehaha Creek in the Cascade Lane vicinity of Edina. The report resulted from property owners Zn Edina and St. Louis Park issuing complaints.about the flaoding problems they are experiencing and the purpose was .to identify possible causes and solutions to high water condi- fions that may,have developed in recent years. Mr. Rosland stated that the Water- shed District would like representation from Edina at their next board meeting on June 16, 1983, to present the City's response to the recommendations contained in the report. who had presented data to show that the water flows during the past several winters were not a result of how the Gray's Bay Dam had been operated but due to climatic conditions causing water to come over the spillway and that if the Mr. Hoffman advised that he had met with Mike Panzer, hydrologist, 5/16/83 288 dam were not in place water would have been flowing down the creek during the winter months causing ice jams at 56th Street as was experienced in the past. One of the conclusions of the report indicated that the basement slab elevations at 4604 and 4609 Cascade Lane are below the 10, 50 and 100-year water level elevations and that flood insurance maps show these homes in the flood plain and therefore should require flood insurance. Mr. Hoffman pointed out that one of the recommendations concerned flood proofing by the construction of a dike a maximum of 5 to 6 feet in height along the north bank of the creek up- stream of Highway 100. A lift station or some other means of conveying local runoff trapped upland of the dike to Minnehaha Creek would also be necessary. However, the City would have to provide the dike for all'homes in the floodplain. Flood proofing could result in exclusive benefits to improved properties within the floodplain. Therefore, costs of such a project may be the responsibility .- of benefited property owners. mitted by law to allow property owners to build at their own cost some flood prevention barrier on their property which would not encroach into the flood plain. Mr. Hoffman stated that it was also recommended that a control structure be built at the Brawndale Avenue Dam which could alleviate some of the high-water problems. Ze pointed out that if the water level were lowered in the Millpond to lessen the flooding in the Cascade Lane area, it would encourage more aquatic weed growth and dredging of the Millpond may then be necessary. District is seeking a resolution from.the Council asking the Watershed District to proceed with further investigation of the feasibility of such inprovement. Member Turner then offered the following resolution and moved its adoption: I As a possible alternative, the City is now per- Minnehaha Creek Watershed - RESOLU~ION WHEREAS, high water conditions on Minnehaha Creek in the vicinity of Cascade Lane in Edina has caused flooding of backyards for residents in the area, and WHEREAS, the Edina City Council has been concerned with the affect of the high water to the property of these residents, and WHEREAS, the City has worked with the Minnehaha Creek Watershed District to protect the interests of Edina residents who border Minnehaha Creek, and WHEREAS, the Council and staff have reviewed the report of E.A. Hickok and Associates, Engineer for Minnehaha Creek Watershed District, on the subject of High Water Investigations - Minnehaha Creek and Cascade Lane Vicinity, Edina, dated May 11, 1983; NOW, TITEREFORE BE IT RESOLVED, that the Edina City Council supports further investigation of possible solutions to the high water conditions to be reported at the June 16, 1983, Minnehaha Creek Watershed District meeting. Motion for adoption of the resolution was seconded by Member Bredesen. i Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Nays: None Member Richards abstained. SPECIAL USE ALLOT?ED/EASEMENT ON LOT 1, BLOCK 1, GRAYTOWER ESTATES. Mr. Rosland recalled that the petition for vacation of open space easement kn order to con- struct a tends court had been heard at the March 7, 1983, Council-Meeting and .that Council had denied the request. the site and the proponent has reduced the square footage needed and is asking Council to reconsider the matter. Neal Erickson, the property owner, stated that this is a unique and very isolated section of the .lake and the problem arises because of the multi-level grades on the property. walls have been constructed on the southwest section of the property where dwelling is located and therefore the tennis court cannot be moved further up on the site. the easement line to follow that-contour and that the rest of the area is flat. In response to Member Richards, Mr. Erickson stated that he intends to build no permanent structure, only the tennis court surface and a fence around it. Member Schmidt questioned if other property on Mirror Lakes had the.same easement restric- tion and Mr. Erickson replied that there are no restrictions upon the majority of the land surrounding the lake. Member Turner commented that the City had adopted a policy of 100-foot conservation restrictions from any body of water. Richards submitted that the proponent's request had been modified and that he felt recreational use such as the type proposed should be permitted on open space and offered the following resolution for adoption: RESOLUTION ALLOWING SPECIAL USE ON EASEMENT BE IT RESOLVED that the Edina City Council hereby allows the use'of a triangular shaped approximate 500 square feet within the City'.s open space easement on Lot 1, Block 1, Graytower Estates for a tennis court. Motion €or adoption of the resolution was seconded by Member Schmidt. Subsequently, Council Members had inspected He explained that retaining He also noted that the lake shoreline juts in at this point causing I Member . Rollcall : Ayes: Richards, Schmidt, Courtney Nays: Bredesen, Turner Resolution adopted. 289 RUTH PLOTNICKY/DRIVEWAY AT 5521 KELLOGG AVENUE CONCERN DISCUSSED. Nr. Rosland recalled that Mrs . Ruth Plotnicky, 5525 Kellogg Avenue , had appeared before Council on April 4, 1983, to express her concern'regarding the expansion of the driveway at 5521 Kellogg Avenue which property abuts hers. At that meeting the matter was referred to the City Attorney for a legal interpretation of the City ordinance with respect to driveway setback requirement. Mr. Erickson's opinion letter had stated 1) that the City does not have any ordinances which prohibit or restrict the placement of a private driveway along a property line, 2) that the police power of a municipal corporation is exercised only by the enactment of an ordi- nance and 3) private legal remedies are available for a property owner for trespass and nuisance in connection with the use of a driveway. voiced her strong objection to the expansion of the driveway to her lot line and presented argument supporting her contention that the City ordinance requires a 5-foot sideyard setback and that such requirement does not allow a driveway to be placed within the setback. She also presented an opinion letter from her counsel, Robert G. Gunderson, stating that even though the ordinances do speak directly to this question, the spirit and intention-of the ordinances of the City of.Edina. would prohibit such an expansion. Mr. Erickson explained that there could be no parking of vehicles within the 5-foot setback but that the ordinance did not restrict driving within the setback, and suggested he could talk with Mrs..Plot- nicky ' s counsel to see howb they had .arrived at their conclusions. Member Turner' s motion was seconded by Member Richards to direct Attorney Erickson to confer with Mrs. Plotnicky's counsel on the City's ordinances pertaining to driveways-in the R-1 Residential District and to report back at the-June 6, 1983, Council meeting. Mrs. Plotnicky again . . Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. BID AWARDED FOR PUBLIC IMPROVEMENTS (CONTRACT #83-3). ulation of bids for Public Improvements Nos. St.S-172, SS-364, WM-349 and C-140 showing Q.R.S. Corporation low bidder at $47,437.55; G.L. Contracting, Inc. at $50 , 704.34; Northdale Construction Company at $53,406.70 ; Sarah Inc. at $56 , 814.20 and Hayes Contracting at $61,374.75 against Engineer's estimate of $51,142.75. Mr. Rosland presented tab- Member Turner's motion was seconded by Member low bidder, Q.R.S. Corporation at $47,437.55. Ayes: Bredesen, Richards, Schmidt, Turner, Nays: None Motion carried. Bredesen for award to recommended Courtney BID AWARDED FOR HARVESTING OF AQUATIC WEEDS IN MIRROR LAKES. ed the bid of Midwest Aqua Care, Inc, for the harvesting of aquatic weeds in . Mirror Lakes at $9,880.00, as sole bidder. Mr. Hughes explained that Interlachen Gol&:Bourse is contributing $2,000.00 with the City's share being $1,500.00 and the remainder of the cost to be assessed against benefited property owners. Mr. Rosland present- Member Richard's motion was seconded by. Member Schmidt west Aqua Care, Inc. at $9,880.00.. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. -- for award of bid to Mid- TRAFFIC SAFETY COMMITTEE MINUTES OF MAY 10, 1983, APPROVED. motion was seconded by Member Schmidt to approve the following recommendations: 1) The removal of the "NO PARKING'' restrictions on the east side of Summit Avenue between Interlachen Boulevard and Vernon Avenue, 2) That Council adopt a resolution to Hennepin County requesting modification of the existing signal to bring the appearance of the signal up to the standards of the surrounding area , 3) That a "DO NOT BLOCK DRIVEWAY" sign be installed at 6220 Waterman Avenue; Member Bredesen's and also acceptance of Section B of the Minutes. ~ -. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. Member Bredesen then offered the following resolution and moved its adoption: WEST 66TH STREET/SOUTHDALE EXIT TRAFFIC SIGNAL MODIFICATION RESOLUTION WHEREAS, the City of Edina Traffic Safety Committee has reviewed the existing traffic signal, and WHEREAS, the existing signal is not up to the standard of signals in the Southdale area, and WHEFtEAS, there is concern by the Traffic Safety Committee react properly to the existing signal, and WHEREAS, the Edina City Council concurs with the findings Safety Committee; construction to other that motorists do not of the Edina Traffic 5/16/83 NOW, THEREFORE, BE IT RESOLVED, That the Edina City Council requests Hennepin County to upgrade the existing signal to the standards of other signals in the Southdale area. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. YEAR IX COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPROVED. that at the March 21, 1983, meeting Council had held a public hearing and had approved a budget for Year IX Community Development Block Grant Program. The budget has subsequently been approved by the Hennepin County Planning Area Citizens Advisory Committee and can now be submitted to the Hennepin County Board. Member Bredesen offered the following resolution and moved its adoption: Mr. Hughes recalled I * RESOLUTION APPROVING PROGRAM FOR YEAR IX COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS WHEREAS, the City of Edina has executed a Joint Cooperation Agreement with Henne- pin County establishing participation in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it; and WHEREAS, the proposed use of Community Development Block Grant funds by the City has been developed consistent with the Urban Hennepin County Statement of Object- ives and the Housing and Community Development Act of 1974, as amended, and WHEREAS, the proposed use of Community Development Block Grant funds was developed in cooperation with local citizens and the appropriate Urban Hennepin County Planning Area Citizen Advisory Committee; BE IT RESOLVED, that the City Council of the City of Edina approved the proposed program for use of Year IX Urban Hennepin County Community Development Block Grant funds by the City and authorizes submittal of the proposal to Hennepin County for consideration for inclusion in the Year IX Urban Hennepin County Community , Development Block Grant Statement: of Objectives and Projected Use of Funds. Motion for adoption of the resolution was seconded by Member Schmidt. I Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. I SANITARY SEWER CONNECTION HC-8 AUTHORIZED ON 100% PETITION; BID AWARDED. advised that a 100%-petition as been received for construction of house connection Being for sanitary sewer at 4003 Sunnyside Road (Lot 2, Block 2, BerkeleyHeights - PINS 07-028-24-44-0048) Member Schmidt offered the following resolution and moved its adoption: RESOLUTION ORDERING SANITARY SEWER CONNECTION HC-8 UPON PETITION THEREFOR BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. It is hereby found and determined that a petition has been filed requesting the Council to construct sanitary sewer improvement connection at 4003 Sunnyside Road and to assess the entire cost of the improvement against the property of the petitioner, and that said petition has been signed by all owners of real property where said improvement is to be located. 2. The making of said improvement 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 improvement is hereby designated and shall be referred to in all subsequent proceedings as follows: SANITARY SEWER CONNECTION NO. HC-8 The entire cost of said improvement is hereby ordered to be assessed against Lot 2, Block 2, Berkeley Heights where said improvement is to be located. Motion for adoption of the resolution was seconded by Nember Turner. I i I I I Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. Member Schmidt then moved for award of contract without Advertisement of Bids (said award being less than $5,000) for the cost of the entire for construction of Sanitary Sewer Connection No. HC-8, located at 4003 Sunnyside Road, to Raymond Haeg Plumbing, Inc. at $4,059.00. Motion was seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. EMS AMBULANCE SERVICE GUIDELINES DISCUSSED; AMBULANCE FEES APPROVED. Mr. Rosland advised that the Fire Department staff had worked with Dr. G. Patrick Lilja, 5 116 1 83 291 U Medical Director for Edina Fire Paramedic Service, in developing EMS transpor- tation guidelines which he summarized as follows: 1) Patients in critical condition should continue to be taken to Methodist Hos- pital or Fairview Southdale Hospital, depending on which is closer. If the family wishes transportatation to a hospital other than Methodist or Fairview Southdale, a medical control physician should immediately be contacted who will advise appropriate transportation. 2) If the patient wishes transportation to a hospital within the City of Minnea- polis, medical direction as to the appropriateness of the transport to an in-city hospital should be discussed with the controlling medical physician. 3) If there is a high likelihood that the.patient will not be admitted, transport could be taken to either Fairview Southdale or Methodist and the Emergency Physician there could contact the private physician unless restricted by the patient's health insurance carrier. Mr. Rclsland added that a study has been made of the ambulance fee schedule and would recommend the following ambulance fees: Level One - $155.00 Service would consist of BLS services that an EMT could accomplish without the assistance or presence of a Paramedic and would include vital signs, oxygen, splinting, backboard without extrication and bandaging. Level Two - $200.00 Service would involve procedures that only Paramedics can perform and would include I.V.'s, drugs, monitor, G-Suit, extrication, etc. Level Three - $250.00 Service would include cardiac arrest and any Code 3 transport. Extra Fee - $25 .OO Add on fee for transport to hospitals other than Fairview Southdale and Methodist. Member Breseden commented that the ambulance service should be self-supporting and that a reasonable attempt should be made towards that goal in the future. Mr. Rosland explained that an approximate cost per run is $184.00 and that the City does receive a subsidy from Hennepin County. seconded by Member Turner to adopt the recommended fee schedule as presented. Member Bredesen's motion was Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion adopted. KLEIN VS. CITY OF EDINA STIPULATION APPROVED AS AMENDED. Mr. Rosland recalled that at a Special Meeting on March 7, 1983, Council had directed the City Attorney to explore avenues for possible settlement of the Robert B. Klein vs. City of Edina lawsuit. In summary, the Order provides that the City grant to plaintiff the application and petition sought to allow use of the plaintiff's property, subject to certain conditions and restrictions as provided in Exhibit By and that restrictive cove- nants as set forth in Exhibit C would be executed by Intervenor Darrell H. Boyd and the Plaintiff. Exhibit B provides: 1) The setback for any building from the east and south lot lines must be at least 35 feet, 2) All drainage from the drive- way must be directed down the driveway to Claredon Drive, 3) Any slope exceeding a 2:l ratio must be retained, 4) Specific landscaping must be provided, and 5) A guard rail must be installed. covenant that no more than one dwelling unit shall be constructed or occupied on thei; respective property. Mrs. Darrell Boyd stated that they they consider the proposed access to the Klein property totally impractical because of the width and g2ade level, and that.a restriction for one dwelling unit should be made. She stated that they are willing to place the same restriction on their property. Mrs. Boyd further suggested that the setback from the east and south lot lines be 90 feet and 60 feet. Mrs. Richard Emmerich pointed out that the Klein property has not changed duriqg the past 15 years and that a very long access with a 10 foot retaining wall next to her house will be required to which they object. She stated that as Interve- nors in this lawsuit, they would like to see it resolved and that attempts have been maqe over the past several years to negotiate with the Kleins which have not been successful. Mrs. Emmerich added that they have two concerns: that only a single dwelling be allowed to be built on the Klein property and that a 35-foot setback would not be in keeping with the distance between the properties in the neighborhood. Thomas H. Goodman, Attorney for Plaintiff,'stated that when con- tacted by the attorneys for the City as to possibility of settling this suit, he had worked with Mr. Klein to draw up a list of conditions which would be minimally acceptable to the Kleins for settlement. and the Kleins stand ready to sign same. petition by the City, the suit will be dismissed. question regarding the setback requirement, Mr. Goodman stated that the 35-foot setback is appropriate as indicated by the City staff and that it is the maximum A Stipulation has now been prepared for signing by all parties involved. Exhibit C provides that the Kleins and the Boyds She stated they feel the lawsuit should go to trial. The Stipluation was prepared In response to Member Richard's Upon granting of the application and 5/16/83 292 setback to which Mr. Klein can agree. Stipulation was brought to Council with the expectation that it would be accept- able to all parties, but that the setback requirement appears to be in dispute. The Stipulation as presently drafted contains all the restrictions and conditions which the City thought important for resolving the lawsuit and Mr. Erickson therefore proposed the Council consider execution thereof. commented,that since receiving a copy of Stipulation and the conditions thereto which the City had negotiated on its behalf, they have tried to deal with the two issues most important to them: 1) the density issue becauseit affects the character of the neighborhood and because of the traffic that would be committed to the access driveway, and 2) how to protect his property and work with the width of the driveway. Member Turner stated consideration should be given to expanding the setback requirement to give all parties a chance to come to agree- ment. Mayor Courtney commented that if the Council did not sign the Stipulation there would be more legal costs if the suit went to trial. stated his position remains the same and that the Courts should decide the issue and that he would not approve the Stipulation. After further discussion, Member Schmidt moved that Council. approve the Stipulation as presented and authorize the signing for Defendant. then moved to amend the motion by substituting 50 feetinstead of 35 feet as the setback requirement in the Stipulation. Member Schmidt. City Attorney Erickson stated that the Richard Emmerich Member Richards Motion was seconded by Member Bredesen. Member Turner The-motion to amend was seconded by Mayor CouztnejT'called for a rollcall vote. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner Nays : Courtney Motion carried. Mayor Courtney stated that the motion now is to approve the Stipulation and author- ize signing for Defendant on the condition that the setback requirement be changed to 50 feet. Rollcall : Ayes: Bredesen, Schmidt, Turner Nays : Richards , Courtney Motion carried. CITY MANAGER ANNOUNCES APPOINTMENT OF CITY CLERK.- Mr:RosIand.aiiiiounced the appointment of Marcella M. Daehn to the position of City Clerk effective June.1:; 1983, and advised that Florence-Hallberg Norback.is retiringras-of Play 31,-1983. LONG RANGE PLANNING MEETING SCHEDULED. on Long Range Planning be held at 7:OO p.m. on Monday, June 13, 1983. It was Mr. Rosland suggested that the next session I .unanimously agreed to meet on that date. AMM ANNUAL MEETING DATE NOTED. Mr. Rosland advised that Mayor Courtney and he would be attending the Annual Meeting of the Association of Metropolitan Munici- palities on Thursday, May 26, 1983. HENNEPIN COUNTY SHADE TREES DISEASE PROGRAM OPPOSED. Mr. Rosland advised that, because the State of Minnesota has totally eliminated state matching funds to participating municipalities for the shade trees disease control program, Henn- epin County is proposing the establishment of a program whereby a special levy would be made on all property:in.Hennepin County with the proceeds to be placed in a special fund administered by the County and where the proceeds generated will be used to provide 50/50 matching grants to participating municipalities for sanitation and reforestation services. Mr. Rosland recommended that the City fund its own program and voice its objection to the proposed County program. He explained that the City is continuing to maintain trees on public property, is doing some reforesting and still sends the City Forester out in response to resident's calls. would cost the Edina taxpayers more in the long run than if we funded our own shade tree disease control program. should inform Commissioner Richard Kremer that Council is opposed to the proposed . Mayor Courtney stated that participation in this program I It was unanimously agreed that Mr. Rosland Hennepin County program . .. RICHARD W. KEDZIQR NOTICE OF CLAIM NOTED. Mr. Rosland called Council's attention to a Notice of Claim filed by Richard W. Kedzior, advising that the matter has been referred to the insurance company and to the City Attorney; action was taken. No formal STJRVEY AM) APPRAISAL OF DR. PAUL CARSON'S PROPERTY AUTHORIZED. Mr. Rosland recalled that Council had viewed the property of Dr. K. Paul Carson, Jr., 6001 -- Pine Grove Road, $or possible ;puhlfc: .open;spaEe,and would recommend that the City take the following action: 1) hire a registered land surveyor to survey the property,. and 2) obtain a formal appraisal of the property. Member Richard's I 5/16/83 , 293 motion was seconded by Member Turner authorizing a survey of the property and a formal appraisal. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. SECOND READING OF ORDINANCE NO. 1120-Al (CABLE TV) WITHDRAWN FROM AGENDA. Being advised by Mr. Rosland that a request was made to withdraw the Second Reading of Ordinance No. 1120-Al (Cable TV) from the Agenda it was unanimously agreed to take no formal action on the matter. .- FIRST READING OF MINNEGASCO FRANCHISE ORDINANCE CONTINUED TO 6-6-83. As recommended by Mr. Rosland because of the late hour, ilt was unanimously agreed to continue First Reading of the Minnegasco Franchise Ordinance to June 6, 1983. RESOLUTION ADOPTED APPROVING LEGISLATION FOR ASSESSMENT OF SPECIAL PROJECTS. Mr. Rosland advised that the Council must approve by resolution the special legis- lation (Chapter 59) passed in the 1983 Session. following resolution and moved its adoption: WHEREAS, the 1983 Minnesota State Legislature passed Minnesota Session Laws, 1983, Chapter Number 59 at the request of the City of Edina, and WHEREAS, the City of Edina desires to utilize the power given it by the Legisla- ture under the law, and WHEREAS, Minnesota Statutes, Section 645.021 require that the special legislation does not become effective until approved by a majority of the local governing body prior to the next legislative session, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina approves Minnesota Session Laws, 1983, Capter Number 59, and instructs its Clerk to send the appropriate certificate to the Secretary of State of Minnesota with a certified copy of this Resolution of Approval. Motion for adoption of the resolution was seconded by Member Richards. Member Turner offered the RESOLUTION OF APPROVAL Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. BIDS AUTHORIZED FOR VARIOUS PUBLIC IMPROVEMENTS. Member Schmidt offered the following resolution and moved its adoption: As recommended by Mr. Hoffman, RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEmNT FOR BIDS BE IT RESOLVED BY THF, CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice of bids for improvements: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS BITUMINOUS STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO.'S P-BA-254, P-BA-260 CONTRACT #83-4 (ENG) BIDS CLOSE JUNE 16, 1983 SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 W. 50th Street at 11:OO A.M., Thursday, June 16, 1983. The Edina City Council will meet at 7:OO p.m., Monday, June 20, 1983 to consider said bids. The following are approximate major quantities: 725 C/Y, Excavation 350 Tons, C1. 2 Gravel 1200 Tons, Bituminous and Seal Coat 5300 L/F, Concrete Curb and Gutter 3000 S/Y, Sod Bids shall be in a sealed envelope with a statement thereon showing the work 5/16 / 83 covered by the bid. Bids shall be addressed to the City Engineer, City of Edina, 4801 W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Bids received by the City Engineer, Work must be done as described in plans and specifications on file in the office of the City Clerk. deposit of $25.00 (by check). Said deposit to be returned upon return-of the plans and specifications with a bona fide bid. ed 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 allbids. BY ORDER OF THE EDINA CIrk COUNCIL. Plans and specifications are available for a No bids will be consider- I Florence 91. Hallberg City Clerk j Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. CLAIMS PAID. Motion of Member Schmidt was seconded by Member Bredesen €or payment of the following Claims as per Pre-List: $43,143.15; Art Center $9,107.98; Swimming Pool $2,787.20; Golf Course $31,709.34; Arena $13,295.39; Gun Range $271.32; Water Fund $18,272.14; Sewer Fund $157.385.19; Liquor Fund, $71,446.94; Construction $230.67; IBR Fund $13,769.00; for a Total of $555,486.74. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. General Fund, $194,068.42; Park Fund No further business appearing, Mayor Courtney declared the meeting adjourned at..ll:55 p.m. I Acting City Clerk