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Home My WebLink About19831121_regular132 MINUTES i OF THE REGULAR EEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL NOVEMBER 21, 1983 I Answering rollcall were Members Bredesen, Schmidt, Turner and:Mayor Courtney. DISPATCHERS AL HINES AND CARL JOHNSON COMMENDED. introduced Al Hines and Carl Johnson, both of whom hold the position of Police Dis- Assistant City Manager Bernhardson patcher, noting that Mr. Hines has been employed by the City since March of 1963 and that Mr. Johnson began his position in August of 1962. Mr. Bernhardson commended them both for their long and loyal service for the City and presented them with a silver pen bearing the Edina Logo. Members of the Council joined in congratulating and thanking them. MINUTES of the Regular Council Meeting of November 7, 1983, and the Special Meeting of November 14, 1983, were approved as submitted by motion of Member Turner, seconded by Member Schmidt. Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. I PUBLIC HEARING CONDUCTED/TREE TRIMMING IMPROVEMENT NO. TT-01 AUTHORIZED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Assistant City Manager Bernhardson recalled that a number of years ago the City contracted out for trimming of trees located on the boulevard and then in the late 1960's and early 1970's the City undertook the tree trimming. Subsequently, the City has been unable to keep up with the trimming program due to the invasion of Dutch Elm disease and storm damage to trees on both the boulevards and City park property. budget time this year the Council directed the development of a possible tree trimming program to be done on an assessment basis. hearing for a proposed tree trimming improvement project is for the first of six areas in the City. It is proposed that one area will be presented each year over the next six years and that it would be approximately six years before trees in each area are- again proposed to be trimmed and assessed. He reported that following the Council's directive, a tree inventory was taken of the area proposed for assessment, bounded by Highway 100 on the west, 50th Street on the south, France Avenue on the East and the northern City boundary line on the north. improvement project, bids would be awarded with the work being done between now and Mky 1, 1984, followed by an assessment hearing with the assessment due and payable in 1985. Issues to be addressed by this hearing are: 1) should the project be authorized, 2) if undertaken, should the entire district or only a portion be assessed, 3) if specially assessed, what portion should be utilized, and 4) the length of the assess- ment. Mr. Bernhardson then presented proposed estimated assessment costs as follows: 1) all properties (1,535 lots) at $36.00 per lot, 2) all properties with..trees (trim- mable and non-trimmable-1,025 lots) at $54,00 per lot, 3) all properties with trimmable trees only (768 lots) at $71.00 per lot, and 4) per trimmed tree basis (1,397 trees) at $39.00 per tree. He noted that these estimates are considerably less than the estimated assessment per dwelling of $155.00 as stated in the Notice of Public Hearing and is due to the fact that bids received for the project came in much lower than anticipated. Staff's recommendation is that: 1) the project be undertaken, 2) that the project be done in the entire section this year, 3) that the assessment be on a per tree basis, and 4) that the assessment be payable in one year (1985). objected to the tree trimming project as proposed in the notice sent to residents: Kelsey Smith, 4801 14. 44th Street, Jack Beegle, 4244 Scott Terrace, William Douglas, 4409 Branson Street, Jeff Schlosberg, 4541 Meadow Road, Donald Tuveson, 4300 Branson Street, Dale Seubert, 4010 MornCngside Rbad, Herbert Knox, 4245 Alden Drive, Paul Lorenz, 4523 Casco Avenue, Ralph Savage,.,4216 Lynn Avenue, William Obert, 4223 Lynn Avenue, Glen Eaton, 4328 France Avenue, James Grant, 4604 Bruce Avenue, John Meste- macher, SO28 William Avenue and Daniel Evans, 4404 Sunnyside Road. Speaking in support of the project were Jacob Van'T Land, 4021 14. 44th Street and Katherine Bradbury, 4624 Drexel Avenue. Mr. Douglas in objection to the proposed tree trimming project as proposed in the mailed notice to residents. calls had been received regarding the proposed project and are of record. Member Bredesen stated he supported the tree trimming project and that the cost should.be assessed against benefitted property owners,instead of being put on the general tax rolls. been that of users' fees, and she felt. tXe project was necessary-to keep the City's trees in a healthy condition. this were important so that citizens could voice their feelings on proposed projects, and could see the process by which the Council arrived at a decision in a fair way. No further comments being heard, Nember Bredesen offered the following resolution and moved its adoption: At Mr. Bernhardson pointed out that this I If the Council authorizes the tree trimming The following persons 1 A petition signed by 92 households was presented by Mayor Courtney noted that numerous letters and telephone Member Turner commented that in recent years Council's general philosophy-has Member Scfimidt said that she felt meetings such as E ., 111 211 83 133 RESOLUTION ORDERING TREE TRIMMING IMPROVEMENT NO. TT-01 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: TREE TRIMMING IMPROVEMENT NO. TT-01 IN THE FOLLOWING: Country Club, Morningside and White Oaks Areas 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 said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary.easements and rights for completion of such improvement; that said improvement is hereby designated and shall be .referred to in all subsequent proceedings as TREE TRIMMING.IMPR0VEMENT NO. TT-01 and the area to be specially assessed far. properties who have trees trimmed under the project at- aDproximately ... $39.00 per tree includes: .. Lots 1-13, Block 1. /Minikahda Vista Third Addition Lots 1-26, Bloc.k.2, .Minikahda Vista Third Addition Lots 1-26, Block..3,'-Minikahda Vjsta Third Addition Lots 1-14, William ScotA's'.Addition .- Lots 16 & i7,'William Scott's Addition Lots 19 ._ & ?O, William Scott's Addition Lots 1-12, A & B Addition "' William Scott's Addition, Peterson Replat Tracts A & B of R.L.S. $1517 .. . .' . . Lots 8 & 9, .Block 1, Fairbairn's Re-arrangement iract A of R.L.S. 1567 Tracts A,B,C,O,& E of R.L.S. 1650 , ,. . Lots:l-3;White Oaks 7th Additidn Lots 1-11,. Block 1, Morningside Oaks Lots 1-27, Riley's Sub. of Lots 3-7,30 & 31, Grimes Homesteao Lots 1-3, Block 1, MacGregor's Addition ..... . _. _, .' . . Lots lr3, Block 1, Arden Park .. .. .. Lots 1-26, Block 4, Minikahda Vista.T.h:ii'd ,Addition _. ' .: ,Lots 1-11,. Block .2, Arden Park . . .Lots 3-54, Auditor's Subdivision 1161 Lots-1-3; Leerskov 1st 'Addition .f. Tracts B,C & 0 of R.L.S. f549 Lots 1-12; Block 1, Berkley Heights Lots 1-7, Block 2, Berkley Heights ~6tj 7-9, .Block 2, Fairbairn's'Re-arrangement Lots B-.lZ, Waveland Park Lots 1-4, 16 & 17, White Oaks Lots 4 &'9, Glhite Oaks 2nd Addition Lots 1, 2, 7 & 8, White Oaks 3rd Addition Lots 2:5'& lZ-Zl,.White Oaks 4th Addition Lots 1-4 & 9-13, White Oaks 5th Addition 'I . .. . .' . ' , .(_ Lots 1-9, Block 2, Morningside Oaks Lots 1-34, Auditor's Subdivision 8319 , Lots 1-9, Block 3, Morningside Oaks ,.. ' Tracts A,B,C,O,E,F,G,H,& I of R.L.S: 1651 Lots 1 & 2, Blotk:l, Morningside Manor Lots 1 & 2, Block 2, Morningside Manor Outlots 1 & 2, Morningside Manor Lots 1-12, Block 1, Crocker .& Crowell's First Addition-.. .. Lot 1, Mornie's Addition . .. Lots 14-26, Block 1, Crocker &-%owell's First Addition Lots 1-26, Block 2, Crocker & Crowell's First Addition Lois 1-30, Block 3, Lots 8-19,.'B.ltock 3, Crocker & Crowell 's'First Addition Lots 1-32, Block 4, . .. Lots, 1-8, Block'l, Mickelsens Re-arrangement . Lots 1-31, Block 5, Lots 1-12, Block 2; ,J4ickelsens Re-arrangement Lots 1-14, Block 6, Lots 1-5, #oodd$'e.Heights 2nd Addition , , Lots 1-16, Block 7, Lots 1-37, Block 8, Lots 3-7, Block ?,..Gooddale Heights ' tots 1-37, Block 9, Lots 1.2 & 1148, Grimes Homestead Lots 1-34, Block 10, Lots 1-16, Melvin Grimes Sub. of Lots 6-10, Grimes.Homestead tot5 1;!9, Block 12, .. .. , Lots 1-3, 6-10 R. Outlof A; Glhite Oaks 6th Addition I. -.Lots. 1-13, Block 1, Country Club District Faipray Sec. '. . LOTS 1-15,, Block 2, ' . '. .. . io& 1-10?. Bldck 1, Wooddde.Heights . . Lots 24-19, Grimes Homestead Lots 1-29, Block 11, Lots 1-20'. Block 14, I Lots 1-9, Re-arrangement of North Part of Block 16 Lots 1-10, BlQCk 1, Arden Parksecond iddition Lots 1-7, Block 1, Arden Park Third Addition L0ts.L.g 2, Block 2, Arden Park Third Addition Lots' 1-14, Block .I, Country Club District Sunnyslope Sec Lots 1-6, Block Z,.,Country Club District Sunnyslope Sec. :' Lots 4-9, Block 3, Country Club District Sunnyslope Sec. Lots 1 & 2, Parcel 2000,. Section 18. Township 28, Range 24 Lots 1-9, Block 4, Country Club District Sunnyslope Sec. Lots 1-16. Block 5, Country Club District Sunnyslope Sec Lots 1-18, Block 6, Country.club District ~~~~~~l~~~ Set. lots 8-17, Lot 7, Browndale Park LotS;8-17, Block 8, Bvowndale Park Lots 1-8, Block 3, Lots 1-23, Block 4, , .. . .. ' Lotsi 8-16, Block B;.'Browndale Park Lots 8-14, Block 10, Browndale Park Lots 9-15. Block 11, Browndale Park Lot 12. Block 12, Browndale Park Lots 1-8, Edina Court Parcel 4400;"Section 18, Township 28, Range. 13. Lots 1-10,. Block 1, South White Oaks Addition Lots 1-20, Block 2, South White Oaks Addition Lots 1-21, Block 3, South White Oaks Addition Lots 1-8, Block 4, South White Oaks Addition Lots 1-3 Replat of Lots 1-4 of Lund Kruse Addition Lots 1 & 2 of V.H. Adam Addition Lots 1-3 of Allatas 1st Addi.tion . ' Lots 1. 5-22 & 32, Auditor's Subdivision t172, Lots 1-19, Block 1, Country .Club District Brown Section Lots 1-13, Block 2, .. .. .. '. Sunnislope Addition Eitel Replat .. Lots 1-3 of Enochsward"Additiin . ' . . ._ I, , . , 0 .. . IS.).. Lots i-i7, Block 5, .. . ,m . .-. ' ' Lots 1-18, Block 6, Lots 1-20> Block 7, Lots 1-12, Block 8, Lots 1-13, Block 9, I8 . .. , Lots 1-21, Block 10, .' Lots 1-19, Block 11, Lots 1-28, Block 12, - Lots 1-18,,Bl?ck 14, Lots 1-5, Block 15, Lots 1-5', Block 16, !' . '*. . . ' .. Motion-.for adoption of.. the Resolution was seconded by Member Turner Rollcall':.. .. Ayes : Resolution adopted. Bredesen, Schmidt , 'Turner, Courtney Mr. Kojetin clar-fie,dd.:that if the Council awards the bid for the,tree trimming project at this meeting'::the work will commence within two weeks to- be completed by May lst, 1984, and that oak, trees would not be trimmed beyond the date of February 28, 1984.. . .. 11/21/83' '- . ORDINANCE NO. 811-A175 (JOHNSON BUILDING COMPANY REZONING/5212 VERNON AV.) ADOPTED. Planner Hughes recalled that this rezoning request from C-2 Commercial District to PRD-5 Planned Residential District of the Johnson Building Company concerns the site of the Biltmore Motel (5215 Vernon Ave.) and that Council' had granted First Reading of the ordinance on November 7, 1983. mission has reviewed the overall development plans for the 77-unit condominium building showing landscaping, elevations and utility plans. ponents are now requesting final rezoning approval and staff would recommend final approval for the project conditioned upon 1) platting of the property, 2) the vaca- tion of surplus right of way adjacent to Vernon Avenue and 3) subject to subdivision dedication. Mr. Hughes noted that representatives of Johnson Building Company were present to answer questions. Martha Anderson, 5124 William Avenue, again expressed her concern and that of the neighbors for traffic thatmay be generated 5n i5eZE- neighborhood because of this development and stated that she felt The final report of the traffic study which Council had authorized for the Grandview area should be reviewed before the final rezoning is granted. Engineer Hoffman clarified that the traffic study was to address traffic concerns not only in connection with this pro- posed project but several other parcels which will undergo redevelopment within the next ten years. site to Vernon Avenue opposite Link Road that the proponents had responded to the neighborhood concerns with the best possible solution. the preliminary traffic report showed that the proposed residential development would probably generate fewer trips than any other type of land use permitted under the present zoning, and further, that he was pleased with the changes the Johnson Building Company had made in the site plan in redirecting the driveway and reducing the number of units in the project. Member Turner stated she would support the rezoning because the building mass has been reduced, only one entrance to the site is now shown and the land use is appropriate. problem might be a traffic signal at Vernon Avenue and Link and that the proposed development would benefit from a signal light and should then bear an appropriate part of the cost. nance No. 811-A175 for Second Reading and moved its adoption as follows, subject to platting of the property, vacation of surplus right of way and subdivision dedication: The Community Development and Planning Com- He advised that the pro- I He pointed out that by changing the location of the access to the Member Bredesen stated that She added that a possible solution to the traffic No further comments being heard, Member Turner then offered Ordi- ORDINANCE NO. 811-Al75 AN ORDINANCE ANENDING THE ZONING ORDINANCE (NO. 811) BY REZONING PROPERTY TO PRD-5 PLANNED RESIDENTIAL DISTRICT FROM C-2 COMMERCIAL DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is amended adding the following- thereto : the addition of the following prQ.perty:. "The extent of the Planned Residential District (Sub-District PRD-5) is enlarged Lots 1, 2, 3 and 12, Block 1, Grandview Plateau." Sec. 2. "The extent of the Commercial District (Sub-District C-2) is reduced by removing Paragraph 3 of Section 9 of Ordinance No. 811 of the City is amended adding the following thereto: - the following property: Lots 1, 2, 3 and 12, Block 1, Grandview Plateau." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the Ordinance was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Ordinance adopted. . --, .. ATTEST : .. %A*. &A- City Clerk REVISED OVERALL DEVELOPMENT PLAN FOR DEWEY HILL I11 APPROVED. Affidavit of Notice was presented by Clerk, approved and ordered placed on file. that the subject property, generally located north of West 78th Street and west of Glasgow Drive, was rezoned to PRD-3 several years ago at which time a 114 unit condominium plan was approved. That plan illustrated two buildings which were located on the westerly side and served by Shaughnessy Road and three buildings on the easterly side of the site served by.a private road from West-78th Street. site grading and pond construction has occurred, but construction of the buildings never commenced. Laukka and Associates, the proponent, now requests approval of a plan amendment to allow the construction of a 34-unit townhouse development on the site. The revised plan submitted illustrates 12 of the townhouses fronting on Shaughnessy Road with the remaining 22 units to be served by a new public street extending northerly from West 78th Street. Mr. Hughes noted that the Community Development and Planning Commission reviewed the proposed plan amendment at their Planner Hughes advised Some - '. I '11/21/83 ._ .. November 2, 1983, meeting and recommended approval with the following conditions: 1) completion of a land exchange between the proponent and the City on the northerly portion of the site as was discussed in connection with the condominium plan, 2) revision of the plan sheet concerning public utilities in conformance with the requirements of the Engineering Department (Developer's Agreement), and 3) it is presumed that the property will be replatted with townhouse lots. Peter Jarvis of BRW, Inc. then presented graphics of the revised plan showing the townhouse con- struction with all units except four relating directly to the pond. He noted,that they would be one story or one and a half stories from the street and two stories from the rear and would be built as walk-outs to the pond with the overall range of the units of 2,500 to 3,200 square feet. would be 2.66 units per acre whieh,is considerably reduced from the condominium plan' previously approved. . A.-.grading plan showed berming and drainage. for the site and a utilities plan was also presented. Commission meeting extensive discussion centered on the Glasgow Drive termination A cul-de-s-ac with a hammerhead configuration was shown which would require one backing maneuver. 'Robert Clark, 7701 Glasgow Drive, suggested that the dimensions of.the hammerhead._be increased to 60 by 20 feet with the curve eliminated. He .also was coQcern&$. that th system which heats. his. poo Discussion .followed regarding .the 'hammerhead cul-de- sac design. .Erigin&er Hoffman pointed out ghat at .the time of final piat approval staff would review .the dimensi.ons to ingure that it would be appropriately lar.ge" .. enough for maintenance by .. Cicy vehicles No further comments .being heard, ' Member Turner then moved adoption of the following resolution: BE IT RESOLVED by the Edina City Council that the application of Laukka and, Associates for amendment to the overall development plan for Dewey Hill 1II.be '"approved, subject to: 1) completion of the land exchange between the proporlent "'and the. City on the northerly portion of the site, 2) revision of the plan sheet concerning public: utilities. as reqGired by the 'Engineering Department , 3) E.&-' platting of the property with townhouse l.Oh ,. .and 4.) that land be dedicated. to insure appropriate dimensions for the hammerhead cul-de-sac as determined by the City Engineer. Motion for adoption of the resolution. was::seconded by Member Bredgsen. Rollcall : Ayes : Resolution adopted. .. The density for the revised plan Mr. J.&rvis stated that at the Planning . ,uilding-proj ection may interfer with the' solar ' ' ' d- .. 0 a .. ... . .. . :' p . .. .' . RESOLUTLON . m . . ._ --._ .. Bredesen , Schmidt , Turner, Courtney . ._ ~ .. .. .. .. .r . .. . .. -. .. . FINAL,' PLAT APPROVED' FOR..LEWIS RIDGE (GITTLEMAN CORPORATION) . the request of Giftleman Corporation for final plat'. approval of Lewis Ridge, . "generally,.located west of Cahill Road and north of Dewey Hill Road, noting that Council had granted final rezoning on Apri!, 18, 1983 to permit construction of a 108 unit condominium project for the site. approved' condAtioned upon the dedication of the westerly 200 feet of the property for park 'purposes. Mr. Hughes"&dyised th9t the proponents have now returned with a final plat which shows Outlot A on the westerly portion of the site which will be dedicated to the City and a. two lot subdivision of the balance of the property for the two condominium build-ings. 1) receipt of a deed for Outlot .A, and 2.) an execute:d. Developer's Agreement. objections being heard; Member Schmidt offered the *following Resolution and moved its adoption, subj.ect".:tb.receipt .. . of a deed for Outlot A and a Developer's Agreement : Mr . Hughes presented At' fhe same time a preliminary plat was Final plat approval is recommended subject to: No - '.. ..RESOLUTION GRANTING FINAL, PLAT. . ' ' APPROVAL FOR LEWIS RIDGE' -, BE IT RESOLVED by the City Council of the City of Edmria, Minnesota, that that certain plat' entitled.. "Lewis,, Ridge", platted. by Lewis Ridge Co. , a Minnesota partnership, and presented.'at the regular meeting of the City Council of November 21, 1983, be and is hereby granted final plat approval, subject to receipt of a deed for Outlot A and an executed Developer's, Agreement. Motio,n for adoption of the resolution was seconded by Member Bredesen. Rolicall : Ayes: Bredesen, Schmidt, Turner,..Courtney Resolution adopted. .. NIELAND .-ADDITION (REPLAT OF LOT -1 , BLOCK 1 , KNOLLVIEW ADDITION) FINAL PLAT APPROVED. Mr. Hughes.p.resented the petition for final plat approval for Nieland Addition, generally 1ocate.d at Shannon. Drive and Lee Valley Road, for a single family lot, recalling that at the October 17, 1983, meeting the Council had granted prelimi- nary plat approval,'-sub.ject to subdivision dedication. The proposed plat is for a two-lot plat, with LOi-..1 being a new buildable lot and Lot 2 being retained for the existing home on the'sice.. ance with the direction of the'-.Council and staff would recommend final approval , subject to subdivision dedication; moved adoption of the followi?g"resolution, subject to receipt of a subdivision dedication fee in the amount of $2,800.00: He noted that the plat has been modified in accord- No objections being heard, Member Bredesen ." 11/2.1/83 .I. RESOLUTION GRANTING FINAL PLAT APPROVAL FOR NIELAND ADDITION BE IT RESOLVED by the City Council of the City of Edina, MInnesota, that that certain plat entitled "Nieland Addition", platted by Eugene A. Nieland and Je-anne-K. Nieland, husband and wife, and presented at the regular meeting of the City Council of November 21, 1983, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Resolution adopted. . I HEARING DATE SET FOR STREET VACATION/FRONTAGE ROAD EAST OF LOTS 1 AND 12 , BLOCK 1, GRANDVIEW PLATEAU. resolution and moved its adoption: As recommended by staff, Member Bredesen offered the following RESOLUTION CALLING PUBLIC HEARING ON STREET VACATION BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined after receipt of the petition of the owners of land affected thereby that the following described easement for street purposes . should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: That part of the Service Road originally dedicated.in the plat of GRANDVIEW PLATEAU, according to the recorded plat thereof, described as folloys: Beginning at the northeast comer of Block 1, said GRANDVIEW PLATEAU, thence on an assumed bearing of East along the easterly extension of the north line of said Block 1, a distance of 33.50 feet; thence southwesterly a distance of 326.96 feet along a nontangential curve, concave Co northwest having a radius of 3087.95 feet and a central angle of 6 degrees 04 minutes, said curve has a chord bearing of South 21 degrees 58 minutes West; thence South 25 degrees West to the southeasterly line of said Block 1; thence northeasterly along said Block 1 to the point of beginning. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to pose such notice at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. shall be in substantially the following form: Such notice 1- (Official Publication) City of Edina 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON VACATION OF FRONTAGE ROAD IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on December 19; 1983, at 7 o'clock p.m., for the purpose of holding a public-hearing on:-the-.proposed vacation of the following frontage road: Hennepin County, That part of the Service Road originally dedicated in the plat of GRANDVIEW PLATEAU, according to the Pecorded plat ~ thereof , described as follows: Beginning at the northeast comer of Block 1, said GRANDVIEW PLATEAU, thence on an assumed bearing of East along the easterly extension of the north 'line .- ._ of said Block 1, a distance of 33.50 feet; thence southwesterly a distance ..--of 326.96 feet along a nontangential curve, concave ti0 northwest having a. .. I radius of 3087.95 feet and a central angle of 6 degrees 04 minutes, said curve has a chord bearing of South 21 degrees 58 minutes Vest; thence South 25.degrees West to the southeasterly line of said Bldck '1; thence northeasterly along said Block 1 to the point of beginning. All persons who desire to be heard with respect to the question of whether or not the above Proposed frontage road vacation is in the public interest and should be made shall be heard at said time and place. The Council shall con- sider the extent to which such proposed frontage road vacation affects existing easements within the area of the proposed 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 easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise c 11/21/83 attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Member Turner. City Clerk Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Resolution adopted. HEARING DATE SET FOR PLANNING MATTER. Motion of Member Bredesen was seconded by Member Turner, setting December 5, 1983, as the hearing date for preliminary plat approval for Johnson Building. Company Replat of Grandview Plateau, generally located west of Vernon Avenue and south of W. 5Tnd Street. Ayes: Bredesen, Schmidt., Turner, Courtney Motion carried. ... BID AWARDED FOR .TREE TRIMMING PROJECT. .presented. tabula low bidder at $31.75.p.er.tree; Midwest..Stump at $41.00 per tree, and Tri-State Tree Service at.. $lOO:OO per tree. Member Bredesen , for award of .bid for Tree 'Trimming to recommended 'low bidder,. United Tree 'Service at $31.75 per .tree. Assistant City Manager Bernhardson n of bids for Tree,Triqing, showing United 'Tree Service, Motion o.f..Member Schmidt, was secon'ded,by ' . . '' ,. Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. . '. ... . '. . . .. .. . ... HENNEPIN COUNTY LABORATORY SERVICES AGREEMENT'- AUTHORIZED. Mr . Bernhardson: advised .-that the 1984 Laboratory Services Agreement with Hennepin County allows .for a $.50 per sample increase for- well water:testing, for a.fee of $8.50,-with the fsod sample testing fee remaining at $12.50. per food sample and $1.51 per water sample.' moved adoption of the following resolution: BE IT RESOLVED by the EcTina City Counci1,'that:the Maydr and City Manager are hereby authorized and.<directed to enter into Agreement No. 40009 with the County of . Hennepin, State.qf Minnesota, whereby the County, through its Community Health . Department,. agree.S: to make payments- to the City of Edina for analytical and ' mTcrobioJ.Ogica1 hborqtory support services, for the term from January 1, 1984, through December 31; 198;4. Motion for adopkion of the resolution' was seconded by Member Bredesen. " Rollcall: : .' The net surplus over cost will' be $1.15 As recornmended by staff, Member Schmidt RESOL~JTION Ayes : Bredesen , Schmidt., . Turner,. Courtney ..., Resolution adopted. . .. .. COMMITTEE ON ALTERNATIVE STRATEGEES .FOR DELIVERING MUNICIPAL SERVICES DISCUSSED. Member Bredesen advised that he has been unable'to contact the person designated by the Council to be asked to serve as chairman for the Committee on Alternative Strategies for.Delivering Municipal Servic'es, and s.uggested that the second person named be contacted. It was unam5nously agreed that Mr. Bredesen should make another attempt ,a.t contact and if unsuccessfol to try to reach the second person.. named. BREDESEN PARK IMPROVEMkNT...AGREEMENT AUTHORIZED. Mr . Bernhardson recalled that at the September 19, 1983, Council Meeting the City's share of the cost for the Bredesen Park Improvement of approximately' $233 ,- 000 ... aas discussed and Council had approved the Bredeseh Park,final plan as proposed. time that'a reduction of 'he City's share to $200,000 would be attempted. noted that the Nine Mile Creek Watershed District has then prepared final engineering drawings and specifications and solicited bids for the work. bids,were opened on November 15, 1983, and the apparent low bid-received was $758,000. Staff would therefore-.recommend tha't the City enter into a cooperative agreement with the Watershed District for this project. the foliowing resolution and moved adoption : RESOLUTION WHEREAS, the City of Edina has petitioned the Nine Mile Creek Watershed District to undertake a&d. implement an improvement project for' Bredesen Park, and WHEREAS, on September 19, 1983, the Edina City Council reviewed plans for the improvement of Bredese9,Park as prepared by the Nine Mile Creek Watershed District and granted final appru$al.thereof, and WHEREAS, the Nine Mile'Creek--Watershed District has prepared final engineering drawings and specifications and.,solicited bids for the work, and WHEREAS, the bids were opened onlNovember 15, 1983, with the low bid reported as $758,000, and WHEREAS, the Ciey's share of the estimated cost would be $183,000; No -formal. action was taken. - Staff had advised at that He These . According to the- District's policy, the City's share would be $183,000. Member Schmidt thereupon offered .. . .. , .. .. 11/21/83 NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby authorizes the Mayor and City Manager to execute and deliver a cooperative agreement for under- taking the Bredesen Park project in accordance with the District's cost sharing policies and based upon the bids received for the work. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Resolution adopted. LETTER FROM RESIDENT NOTED REGARDING CAT LICENSING. Mayor Courtney noted that he had received a letter from a resident asking the Council to consider an ordinance I requiring that cats.in the City be licensed. OPENINGS IN VARIOUS STATE BOARDS/bVISORY COUNCILS NOTED. Mr . Bernhardson called Council's attention to a notice from the League of Minnesota Cities regarding open- ings in various State boards and advisory councils and noted that the application deadline is November 22. No action was taken. No action was taken. DEFERRED COMPENSATION OPINION DISCUSSED. Mr. Bernhardson recalled that the City has been looking at offering employees another option to particpate in a deferred. compensation plan and that the City attorney at the time felt it was not appropriate. An opinion from the State Attorney General was then requested and received. advised that staff would prepare a resolution for consideration by Council which would allow adoption of an additional deferred compensation plan. No action was taken . He EMPLOYEE PARTICIPATION .IN UNITED WAY CAMPAIGN NOTED. employee participation in the United Way Campaign for 1984 showed an increase of 20%. Mr. Bernhardson reported that The Council commended the increase in contributions by City employees. PARK DIRECTOR ROBERT KOJETIN RECEIVES AWARD. Mr. Bernhardson reported that Robert Kojetin, Director of Parks and Recreation, was awarded the Distinguished Service Award by theNinnesota Recreation and Park Association fnrrecognition of his long, dedicated and outstanding service to the community, the park and recreation field and to MRPA. Members of the Council added their congratulations to Mr. Kojetin. SPECIAL COUNCIL MEETING SCHEDULED FOR NOVEMBER 28. Council was reminded of the Special Meeting scheduled for Monday, November 28, 1983, to continue the review of the Zoning Ordinance and to also review the Long Range Planning, Mission Statement and External/Internal Analysis data. The award was presented at the Annual Meeting of the MRPA. * PROPOSED HOTEL IN OPUS II/MINNETONKA DISCUSSED. Turner regarding increased traffic in the Opus I1 area, Mr. Bernhardson reported that the proposed hotel for the Opus I1 complex will be an eight story building containing 255 rooms. After review of the development, staff felt it would generate traffic generally during off-peak times so that it should not congest the area. The hotel as proposed will contain several restaurants and seven meeting rooms geared to the corporate trade. signalization with Hennepin County for the intersection of Londonderry Road and Highway 18. No action was taken. In response to a concern of Member The City of Minnetonka is discussing possible . PUBLIC HEARING SCHEDULED BY HENNEPIN COUNTY ON SITING OF SOLID WASTE FACILITIES. Mr. Bernhardson noted that a public hearing will be held by Hennepin County on siting of transfer stations and solid waste processing facilities on November 28, 1983, in connection with selection and purchase of the West .Bank River sfte for solid waste disposal. No action was taken. . . ORDINANCE NO. 171-A12 (FEES & CHARGES) ADOPTED ON SECOND READING. Member Turner offered Ordinance No. 171-Al2 for Second Reading and moved its adoption as follows: I '- ORDINANCE NO. 171-A12 AN ORDINANCE AMENDING ORDINANCE NO. 171 - TO INCREASE THE AMOUNTS OF CERTAIN FEES THE CITY COUNCIL OF Tm CITY.OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 171 is hereby amended to read as follows: ORD. . SEC. .. NO. . - NO. PURPOSE OF FEE/CHARGE ,- 211 5 Mechanical.amusement device license $25.00 per machine for 5a The amount of the following described Fee Numbers of Schedule A to . ,. AMOUNT FEE NO. machines described in Section l(a) $25.00 per machine for 5b machines not described in Section l(a) - OW. SEC. - NO. - NO PURPOSE OF FEE/CHARGE 139 FEE NO. AMOUNT 434 27(f) Public or semi-pub1i.c swimming $185.00 per annum for 17a each pool enclosed part or all of the year $100.00 per annum'for "1 7b each outdoor pool $215.00 per annum, plus .25 $65.00 per annum for each additional facility pool license ',. .. Food establishment 7 31 ' Take out facility ' '. % $130.00 per annum 25al 25a2 25a3 $25.00 per event 25b 25 c $25.00 per annum,. Plus $5.00 per annum for each 731 . Packaged food sales , . $80.00 per annum Food'. warehouse, ..' $30.00 per annum '. . Itinerant. food establishment ". 'Retail ., candy.shop . 2. .. .- ' additional facility '. _. . . . ,. .. 731 . , .. Readily .peristi&le food vehicle . ' ' $30.00 per annum' '* .... 25d I $20.00 per annum 25f FleeVof 5' or more readiiy ' .,.__ , $150.00 per, annum .' .. 25e perishable food yehicles ':. -' Bakery food 'vehicle . Catering food vehicle .- . ... $105.00 per annum, plus 25 g .. .. :. $5.00. per annum for .. each additional vehic1.e .. $30.00 per annum . . 25h ... Fleet of 5 or more perishable $150.00 per annum .25i Perishable food vehicle ". .food vehicles 1301 6 Garbage haulers license .:. $40.00 for first vehicle. 41 ... .$25.00 per annum for ' ' .... .. each additional vehicle . ... ... -... . Sec.' 2. . Om. SEC. ' NO:. .': 612 Schedule A ..to Ordinance No.. .u.71 is hereby%..amended by][adding thereto _.-. . the .following : .. NO.. PT&POSE' OF FEE/CHARGE .' AMOUNT FEE NO. 6 .,, . ,_ per$Lts required ..by. 14innes.o ta " '21 $25.00 per annum ....... Uni.form 'F.i.re. Code and' National Fire.'Code (Repeals Ord. No.. 611-A2) ... .-645 4 . : Sprinkler. permit fees : .. .. $30.00 (minimum fee) .22. la .. 6-25 I-, $30.00 for first five, '.. _. 22.lb i. -._ Number of Heads , .. 1-5 ... ... .. .'plus $20.00 for each .. ' ." additional ten or .. .. .. .. fraction thereof plu's $15.00 for, each ... -$ddi,tional 10 0.r fraction .. .. ......... .. r . $70..00 for first 25, 22. IC . ._. 26-50 . ..... .... .... thereof .. .. .. .. _. . _.. : ... . .. - ...51-200 $115.00 for first 50, 22. Id ... plus. $10 .OO for each additional ten or fraction thereof plus $5.00 for each additional ten or . . __ .. ._ . .. -~ . . ' , :' 200+'- . ._.: . ' .:$265.00 for first 200, 22. le .... ......... .. . .' i. . I' . fraction thereof Temporary retail sales in PID .. $300.00 for first 29e .... z.. ' ' ... 'permit, $200.00 for .... .. . ' subsequent permits ,' 811-A60 . .. -. . . Sec, 3. This ordinance shall be in full."force and .effect immediately upon its passage_and publication. Motion for. adoption of the Ordinance was seconded by Member Schmidt. .. Rollcall. : ...... Ayes : Ordinance adopted.. Bredesen, Schmidt, Turner, Courtney . ..... Mayor fy' XJ. p& .. ._ .% '.. . ._ ATTEST : %4 %* Gb-4 , ._.I :. City Clerk I. 11/21/83 .- .- I40 -- ORDINANCE NO. 1403-A1 (TOWING AND STORAGE OF IM?OUNDED VEHICLES) GRANTED 1ST READING. Mr. Bernhardson presented Ordinance No. 1403-AI. An Ordinance Amending Ordinance No. 1403 to Provide for Towing and Storage of Impounded Vehicles noting that the principal change is that the current ordinance requires advertising for bids for the towing and storage of these vehicles. The amendment would allow advertising for bids or negotiation of other arrangements for these services. Member Bredesen offered Ordinance No. 1403-A1 for First Reading as follows: As recommended, ORDINANCE NO. 1403-A1 AN ORDINANCE AMENDING ORDINANCE NO. 1403 TO PROVIDE FOR TOWING AND STORAGE OF IMPOUNDED VEHICLES I THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "Sec. 2. Pound, Towing and Storage Bids and Charges. The City Manager or his/ Section 2 or Ordinance, No. 1403 is hereby amended to read as follows: her designate may advertise for bids or negotiate other arrangements with persons, firms or corporations desiring to act as pound keepers of vehicles impounded under the provisions of this ordinance. Such pound keeper must obtain or provide adequate facilities and equipment, within or near to the City of Edina, to handle the tows and the storage of vehicles requested by the City. Towing service must be available at any hour and response to requests must be prompt. Each bidder shall provide a schedule of charges for the towing, storage and impoundment of vehicles impounded under the provisions of this ordinance. in the Edina Police Department. bids . A copy of this schedule shall be on exhibit The City Manager reserves the right to reject all See. 2. Section 3 of Ordinance No. 1403 is hereby amended to read.as follows: "Sec. 3. Charge When Owner Appears Before Towing. Then a police officer has ordered a vehicle to be impounded, and when the owner or operator thereof appears before the tagged vehicle has been towed to the pound, the tow truck operator shall release the said vehicle without the payment of any fee or towing charge." See. 3. The last sentence in Section 5 of Ordinance No. 1403 is hereby amended to read as follows : Sec. 5. Storage of Impounded Vehicles. All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored in a City storage facility." 11 Sec. 4. Section 6 of Ordinance No. 1403 is hereby deleted in its entirety. Sec. 5. Section 7 of Ordinance No. 1403 is hereby renumbered to Section 6. Sec. 6. Section 8 of Ordinance No. 1403 is hereby renumbered to Section 7. Sec. 7. Section 9 of Ordinance No. 1403 is hereby renumbered to Section.8, and is hereby amended to read as follows: "See. 8. Reports of Police Officers. It shall be the duty of the police officer to make an Automobile Impoundment Report on all vehicles impounded. This report shall give the description of the vehicle with an inventory bf any personal properties visible therein at the time of impoundment. The description and inventory must include the make and license number of the motor vehicle, a statement of condi- tion with regard to damaged parts. The report shall include the date, time, location and reason for impoundment and any further information which the Chief of Police shall deem necessary and advisable. Report will be retained by the Police Department and two copies delivered to the pound keeper. Traffic citations may be issued by the police officers, for violations of law, resulting in the towing and impoundment of a vehicle." as follows: keeper shall release the same by the owner signing and dating the release on the Automobile Impoundment Report and providing the owner a copy of that report. He shall also provide a receipt with: the charges enumerated thereon and the purpose for which such charges were made. and provide a copy to the vehicle owner. the lawful custody of the pound keeper, without first having signed the release and having paid impounding and storage charges. The original and one copy of the Impoundment Sec. 8. Ordinance No. 1403 is hereby amended by adding thereto a new Section 9 ., "Sec. 9. Release of Impounded Vehicle. Upon return of the vehicle, the pound He shall retain the original copy of this receipt .. No person shall remove any vehicle from I Sec. 9. "Sec. 12. Penalty. Any person violating Sections 5, 6 or 9 of this ordinance Section 12 or Ordinance No. 1403 is hereby amended to read as follows: shall be guilty of a misdemeanor, and subject to a fine of not exceeding $700 or imprisonment in the City or county jail €or a period of not exceeding 90 days, with costs of prosecution in either case to be added." amended to read "City". passage and publication. Sec. 10. All references to the word "Village" in Ordinance No. 1403 are hereby Sec. 11. This ordinance shall be in full force and effect immediately upon its CLAIMS PAID. of the following claims as per Pre-List: $23,315.76, Art Center $1,281.69, Park Construction Fund $125.00, Swimming Pool Motion of Member Schmidt was seconded by Member Bredesen for payment General Fund $128,496.56, Park Fund ' 11/21/83 141 Fund $85.90, Golf Course Fund $57,451.20, Recreation Center Fund $8,285.66, Gun Range Fund $479.95, Water Works Fund $28,429.99, Sewer Rental Fund $155,939.36, Liquor Dispensary Fund $77,787.29, Construction Fund $306,471.94, IMP Bond Redemp- tion Fund $513,915.00, Total $1,302,065.30; and also for Confirmation of the following Claims: General Fund $69,427.24, Park Fund $438.91, Art Center $314.22, Swimming Pool Fund $5,968.83, Golf Course Fund $4,835.44, Recreation Center Fund $2,223.16, Gun Range Fund $195.59, Water Works Fund $3,274.01, Sewer Rental Fund $1,585.15, Liquor Dispensary Fund $270,059.27, Total $358,321.82. There being no at 9:lO p.m. further business, Mayor Courtney declared the meeting adjourned ... City Clerk .. . .. : . . .. I .. 1. , .. .... ., I .. .. : ._ .' ..: . .._ . . .. . '.. .. . '. .. .. . . ._