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HomeMy WebLinkAbout19840702_regular-. 86 MINUTES OF THE REGmAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 2, 1984 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. RESOLUTION OF COMMENDATION - EDINA ALL STARS BASEBALL TEAM. the following resolution of commendation which was unanimously adopted: Mayor Courtney presented i RESOLUTION OF COMMENDATION WHEREAS, the Edina All Stars Baseball Team of 1984 is comprised of participants I from the Edina Baseball Association, and WHEREAS, as representatives of the City of Edina, the members of the team exemplify the highest standards of athletic proficiency and good sportsmanship; and WHEREAS, the Edina All Stars Baseball Team will be hosts to the Kanagawa Baseball Team of Japan and the team coaches when they meet in competition; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, on behalf of the citizenry as a whole, that all members of the Edina &L1 Stars Baseball Team of 1984 be publicly commended for their outstanding accomplishments; BE IT FURTHER RESOLVED that this resolution be entered in the Minutes Book of the Edina City Council and that copies be presented to the members of the team: Kevin Abramson, Matt Bertram, Jamie Carsello, Chris Chayer, Scott Eberhardt, Chris Garvin, Mike Hiniker, Pat McGovern, Tim McShane, Todd Moore, Steven Olson, John Peterson, John Chapman, Robby Frisbee, Andy Fronek, Chris Hall, Bob Hanley, Chad Hardie, Josh Hoekstra, Neil Johnson, Nick Kennedy, Erik Lindell, Rob Viera, Mark Weigle, Burton Chamberlin, Chris Davis, John Foster, Joby Holman, Mike Komar, Chad Lindell, Mike McGoldrick, Marc Peacock, Tom Nevers, Bobby Reed, Bard Smith and Scott Smullen, and to Coaches Butch Chayer, Roger Peterson, Chris Bertram, Dave Fronek and Mike Komar. MINUTES of the Regular Council Meeting of June 18, 1984, and the Special Meeting of June 19, 1984, were approved as submitted by motion of Member Bredesen, seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PUBLIC HEARINGS ON PROPOSED IMPROVEMENTS (P-L-26 AND CASCADE LANE BERMING) CONTINUED I TO AUGUST 6, 1984. by Member Schmidt to continue the public hearings on proposed Ornamental Street Lighting Improvement No. P-L-26 and the proposed Cascade Lane Berming to the Council Meeting of August 6, 1984. As recommended by staff, Member Bredesen's motion was seconded Ayes : Motion carried. Bredesen, Richards, Schmidt, Turner, Courtney PRELIMINARY PLAT APPROVED WITH CONDITIONS FOR MILLER ADDITION. Hember Richards asked that he be excused from the meeting during the consideration of the Miller Addition Plat because of possible conflict of interest. recalled that the hearing for preliminary plat approval for the Miller Addition had been continued from the meeting of June 4, 1984, and that the Council had requested that additional information be submitted concerning landscaping, topography of the subject property and surface water drainage and possible access to the property from the Blake School property in Hopkins. for a four-lot single family subdivision of property west of Dearborn Street and north of Belmore Lane. Mr. Hughes advised that he had talked with Bill Craig, Hopkins City Manager, who had explained.that while there is no access.proposed at this time from the southwest corner of the Blake School property in connection with theii_imprQY~menfs_under consideration now,..BlGke School has expressed an interest ~ - in having a bus exit only on the westerly side of their property onto First Street. Mr. Craig pointed out that the City of Hopkins is very interested in preserving the bike trail presently located on the old trolley line right of way. Mr. Hughes then presented a graphic showing the relationship between the proposed Miller-plat and the proposed Blake Woods plat, a four-lot subdivision, located on the east side of Dearborn Street. He noted that the Blake Woods subdivision would-be accessed by means of a short cul-de-sac directly opposite o€.the cul-de-sac that would serve the Miller property. property which is located between the Miller Addition plat and Blake Woods. Mr. Hughes noted that the Blake Woods addition is proposing the vacation of the Dearborn right.of .way north of the proposed cul-de-sacs, the vacation of Spruce Road abutting the subdivision on the northerly side and the vacation of the alley on the easterly side of the property, with the vacated land being incorporated into the plat of Blake Woods. As noted in the staff report, if the access to the Miller Addition by right of Gay across lots ,on the west side of Dearborn Street not owned by the Millers is not resolved,it is recommended that the northerly portion of Dearborn not be vacated as it would preclude access from the north to the Miller property. the Blake Woods plat are needed. Should the City decide to improve Dearborn Street and Spruce Road to provide access for the Miller property, staff believes that no cul-de-sac should be platted in Blake Woods and instead the subject property should Planner Gordon Hughes He stated that the request is I f Also pointed out was a hypothetical platting of the Kuenzli - If access to the Miller Addition is not acquired, some modifications to 7/2/84 . 81 simply be replatted into four rectangular lots which front on Dearborn. Jim Miller, the proponent, advised that he had talked with Gordon Swiggam of Blake School who confirmed that at the present time Blake School had no plans for a new access for the school. Mr. Miller pointed out that both the Community Planning and Development Commission and the City staff had approved the pro- posed access to the plat from Dearborn Street as the best access to the property. He then presented the following exhibits: 1) cross-section plan illustrating elevation of a home built on Lot 3 with rear walk-out, 2) preliminary develop- ment plan showing possible house locations and grades, and 3) a grading plan showing probable cuts necessary for Dearborn and Spruce Streets to provide a northerly access. Len Kraemar, Barr Engineering Company, explained that if the alternative access from the north was constructed, there would be a signi- ficant cut through the hill which would greatly impact the Kuenzlie property. John Miller submitted that the subdivision is a reasonable development of the property and urged that the'council grant approval. opposition to the proposed Miller Addition plat were Craig Postier, 311 Harrison Avenue; Maxine Woodstrom, 307 Harrison Avenue; Gail and Robert Baker, 6600 Belmore Lane and C. M. Simonson, 305 Harrison Avenue. In response to the question of soil stability for the proposed houses, Len Kraemar explained that soil borings would be taken before any construction is started and, if necessary, the buildings would be piled. With regard to access alternatives, Member Turner asked if there is any other undeveloped land in the area that may have an access problem if Spruce Road is not constructed. undeveloped properties front on Arthur or.Griffit Streets and would have no right of-way access problems. plat would be affected if the alternative access via Dearborn and Spruce were constructed. and would require a variance. Also, there would be a negative aspect in that the lots would be bordered by two streets. lots then at 69 feet in depth would be even more substandard. Member Schmidt asked what the building procedure would be to insure that piling would be used if necessary. Mr. Hughes pointed out that under the Uniform Building Code the builder would be required to submit soil borings which would determine the type of construction that would be suitable to comply with.the Code. Member Turner submitted that the critical issue regarding the proposed plat is the access, that the proposed lot sizes are consistent with the neighborhood,and that though the drainage questions are serious ones they can be corrected. stated that she had reconsidered the issue of condemnation and would support plat approval if the access issue can be worked out by the developer and the neighbors. subject to subdivision dedication and developer's agreement: Appearing and speaking in Mr. Hughes advised that all remaining Member Bredesen questioned how the proposed Mr. Hughes replied that the two northerly lots would be affected He pointed out that the Kuenzlie She Member Turner offered the following resolution and moved its adoption, RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL - BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Miller Addition", platted by James Miller and presented at the regular meeting of the City Council of July 2, 1984, be and is hereby granted preliminary plat approval, subject to the access issue being resolved by.the proponent and the affected property owner.by August 20, 1984. Motion for adoption of the resolution was seconded by Member Bredesen, commenting that if the access issue is not resolved the Council should still consider condemnation to provide access. Member Schmidt stated that she feels the Blake Woods plat is inextricably linked to the Miller Addition plat and that from a planning standpoint the proposed access is the proper one and therefore could not support the motion. to condemnation for access and: as to the surface water drainage problem. then called for a rollcall vote on the resolution. FOR MILLER ADDITION Mayor Courtney stated he still had some reservations as He Rollcall : Ayes: Bredesen, Turner, Courtney Resolution adopted. Nays: Schmidt . , -_ 1 i Nancy Abbott, 315 Harrison Avenue, asked what guarantee the low lying property owners on Harrison would have that their properties would not be flooded as a result of the subdivision being constructed. Engineer Hoffman explained that the staff has reviewed the surface-water drainage plan for the plat, which has been prepared by a professional engineering firm using good engineering standards, and that staff is comfortable with the plan layout and how the surface water will be handled. He stated that when'building permits are granted the building inspector will ascertain that the grading is constructed according to the plan. Assistant Manager Bernhardson stated that-those properties have existing surface water problems now and that the expectation is that after the subdivision is constructed the water problems will be no worse than at the present time. Lloyd Peterson, developer of the Blake Woods plat, expressed concern that the Blake Woods plat would be delayed because of the condition regarding access imposed on preliminary plat approval of the Miller Addition. also been negotiating with the Kuenzlies to resolve the access issue. He advised that he has Following 7/2/84 discussion as to procedure, Mr. Hughes clarified that Council has granted prelimi- nary plat approval and that by August 20, 1984, a final plat would be presented for Council approval, either with a right of .way in place or with a failure to meet the condition imposed in the resolution regarding the access issue, and that if the Council so desired they could grant final plat approval and authorize the condemnation if the condition has not been met. (Member Richards returned to the meeting at this point.) PRELIMINARY PLAT APPROVED FOR BLAKE WOODS, SUBJECT TO CONDITIONS. Affidavits of Notice we-re presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the plat of Blake Woods for preliminary approval, generally located east of Dearborn Street and north of Belmore Lane. He advised that the subject property, measuring 52,500 square feet in area and zoned R-1 Single Dwelling Unit District, is composed of three existing R-1 lots fronting on the unimproved northerly extension of Dearborn Street. The unimproved' Spruce Road right-of-way adjoins the northerly boundary of the property. The proponent requests a replatting of the existing lots into four new lots which would range in area from 13,750 square feet to 15,050 square feet. cul-de-sac on Dearborn located opposite the westerly extension of Dearborn Street as proposed by the plat of Miller Addition. constructed as shown, the northerly loo+ feet of the Dearborn right of way, as well as the.Spruce Road right of way, could be vacated and incorporated into the proposed lots. The proposed replatting depends on access to Miller Addition by acquisition- of right of way across lots on the west side of Dearborn which are not owned by the Millers. Commission considered the subdivision at its May 30, 1984 meeting and recommended approval with conditions: 1) subdivision dedication, 2) developer's agreement which includes the extension of sanitary sewer and the looping of water mains, 3) vacation of rights of way as shown on the plat, 4) submission of grading plan for the lots prior to preliminary approval by Council and 5) a minor redesign of the proposed cul-de-sac to reduce its radius. In accordance with Council action taken on the Miller Addition, staff would recommend preliminary plat approval with the understand-. ing that vacation of the rights of way as included on the plat relies on the final action on Miller Addition. were present, representing the proponents. No comment being heard, Member Bredesen offered the following resolution and moved its adoption, subject to 1) subdivision dedication, 2) developer's agreement, 3) Vacation of rights of way as shown on the plat, and 4) redesign of the proposed cul-de-sac: The four new lots would be arranged around a new If the proposed cul-de-sacs were ~- Mr. Hughes reported that the Community Development and Planning Nr. Hughes indicated that Llayd Peterson and Paul Kingbay RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR BLAKE WOODS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Blake Woods", platted by PKR Development Company, and pre- sented at the regular meeting of the City Council of July 2, 1984, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. LOT DIVISION APPROVED FOR LOT 1, BLOCK'l,.CLAGRAMAR FOURTH ADDITION. presented the petition for division of Lot 1, Block 1, Clagramar Fourth Addition, located.-at.5940 Arbour Avenue. family lot on which a swimming pool is being constructed in the rear yard and due to a survey error it was inadvertently located too close to the common lot line. The two property owners involved have agreed on a lot division that would transfer a triangular shaped parcel from the west lot to the east lot so it would comply with the setback requirement of the ordinance. offered the following resolution and moved its adoption: WmREAS, the following described property is at present a single tract 02 land: Lot 1, Block 1, Clagramar Fourth Addition, and WHEREAS, the owners have requested the subdivision of said tract 'into separate parcels (herein called "Parcels") described as follows : Mr. Hughes He advised that the subject property is a single No objections being heard, Member Schmidt RESOLUTION I Lot 1, Block 1, Clagramar Fourth Addition, and that part of Lot 2, Block I, Clag- . ramar Fourth Addition described as follows: Beginning at the most northerly comer of said Lot 2; thence South 28 degrees 16 minutes 42 seconds East, assumed bearing, along the easterly line of said Lot 2, a distance of 64.00 feet; thence North 49 degrees 18 minutes 40 seconds West, a distance of 15.32 feet; thence North 21 degrees 57 minutes 47 seconds West, a distance of 50.00 feet to the point of beginning. and Lot 2, Block 1, Clagramar Fourth Addition, except that part of Lot 2, Block 1, Clag- ramar Fourth Addition described as follows: Beginning at the most northerly corner of said Lot 2; thence South 28 degrees 16 minutes 42 seconds'East, assumed bearing, along the easterly line of said .. a 0 1 772 / 84 .. 89 Lot 2, a distance of 64.00 feet; thence North 49 degrees 18 minutes 40 seconds West, a distance of 15.32 feet; thence North 21 degrees 57 minutes 47 seconds West, a distance of 50.00 feet to the point of beginning. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and. the requirements and provisions of Ordinance No. 801 and Ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. Schmidt's motion was seconded by Member Turner, setting the following hearing dates for planning matters: 1) Preliminary Plat Approvals - July 16, 1984 As recommended by staff, Member a) Valley View 2nd Addition - Generally located south of Valley View Road b) Replat of Lot 70, Morningside - Located at 4231 Grimes Avenue So. c) Replat of Lot 1, Block 1, Taft Addition - Generally located south of Blake and east of Tracy Avenue Road and north of Scriver Road 2) Final Site Plan Approval - July 16, 1984 a) Professional Plaza - 5108 Edina Industrial Boulevard Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. HEARING DATE SET FOR VACATION OF PORTIONS OF DEARBORN STREET, SPRUCE ROAD AND ALLEY BETWEEN DEARBORN/ARTHUR AND SPRUCE ROAD/BELMORE. Mr. Hughes advised that the proponents of the Blake Woods plat have petitioned for vacation of portions of Dearborn Street and Spruce Road as well as the alley between Dearborn/Arthur and Spruce/Belmore. adoption : Member Schmidt introduced the following resolution and moved RESOLUTION CALLING PUBLIC HEARING ON VACATION OF PORTIONS OF DEARBORN STREET, SPRUCE ROAD AND ALLEY 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 easements for road purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: That part of Dearborn Street lying south of the westerly extention of the north line of Lot 1, Block 2, MENDELSSOHN, Hennepin County, Minnesota, and north of a line distant 5.00 feet south of, measured at right angles to, the westerly extension of the south line of said Lot 1. That part of Spruce Road lying east of the northerly extension of the west line of Lot 1, Block 1, MENDELSSOHN, Hennepin County, Minnesota, and west of the northerly extension of the west line of Lot 10, Block 2, MENDELSSOHN, Hennepin County, Minnesota. That part of the Alley which lies adjacent to the east line of Lots, 1, 2, 3, 4 and 5, Block 2, MENDELSSOHN, Hennepin County, Minnesota, lying south of the easterly extension of the north line of said Lot 1 and north of the north line of Belmore Lane. 2. included in paragraph 3 hereof for the purpose of holding a public meeting on whether such vacation shall be made in the interest of the public. 3. 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 post 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. Such notice shall be in substantially the following form: This Council shall meet at the time and place specified in the form of notice The Clerk is authorized and directed to cause notice of the time, place and (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 . .. 7/2/84 NOTICE OF PUBLIC HEARING ON VACATION OF PORTIONS OF RIGHT OF WAY 90 OF DEARBORN STREET, SPRUCE ROAD AND ALLEY NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on Monday, August 20, 1984 at 7:OO p.m., for the purpose of holding a public hearing on the proposed vaca- tion of the following easements for road purposes: That part of Dearborn Street lying south of the westerly extention of the north line of Lot 1, Block 2, MENDELSSOHN, Hennepin County, Minnesota, and north of a line distant 5.00 feet south of, measured at right angles to, the westerly extention of the south line of said Lot 1. That part of Spruce Road lying east of the northerly extension of the west line of Lot 1, Block 1, NENDELSSOHN, Hennepin County, Minnesota, and west of the northerly extension of the west line of Lot LO, Block 2, MENDELSSOHN, Hennepin County, Minnesota. That part of the Alley which lies adjacent to the east line of Lots, 1, 2, 3, 4 and 5, Block 2, KENDELSSOHN, Hennepin County, Minnesota, lying south of the easterly extension of the north line of said Lot 1 and north of the north line of Belmore Lane. .. I All persons who desire to be heard with respect to the question of whether or not the above proposed vacations are in the public interest and should be made shall be heard at said time and place. proposed vacations affect existing easements within the area of the proposed vacations and the extent to which the vacations affect 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 vacations,to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto, for the purpose of specifying, in any such vacation resolutions, 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 vacations, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Member Turner. The Council shall consider the extent to which such Marcella M. Daehn, City Clerk Rollcall : Ayes: Bredesen, Richards, Schmidt, Tbrner, Courtney Motion carried. CONCERNS OF RESIDENTS REGARDING HANSEN ROAD IMPROVEBENT NO. BA-127 A & B CONSIDERED; IMPROVEMENT MODIFIED. Grant North, 5804 Hansen Road, stated that he represented the residents of Hansen Road between the railroad tracks and Benton Avenue and would present their concerns regarding the improvement of Hansen Road which was authorized by the Council at its meeting of February 27, 1984. Mr. North gave a chronology of Hansen Road as to its proposed improvement, outlined the concerns of the residents as to safety, character of the street, property values and participation in making a decision as to width. their first choice would be to leave Hansen Road at its present width and resurface it; and second, a width of 32 feet from the railroad tracks to Benton Avenue with either no sidewalk or no parking lane. improvement was constructed without use of State Aid funds, the estimated assessment cost would increase by a factor of 2.5 times. signed for construction of the project and if the project was to be brought back for Council consideraton.through the public hearing process it probably could not be con- structed this year. of the project in response to the concerns of the residents. Mayor Courtney asked if State Aid funding could be obtained at the 32-foot width without parking lanes. Mr. Hoffman responded that an amended plan could be submitted requesting State Aid funds at a width of 32 feet with no parking lanes for the segment from the railroad tracks to Benton Avenue. Speaking in support of the 32-foot width for the segment' under consideration were TJendeLL'Malin, 5717 Hansen Road; Bill Daley, 5824 Hansen Road and Chris Ries, 5800 Hansen Road. Mr. Hoffman pointed out that most of the trees could be saved if the sidewalk were not constructed. presented a petition from the residents on the block from Benton Avenue to 60th Street, requesting that the sidewalk not be constructed for that block in order to preserve the trees. funding. State Aid funds would only be used for the construction of the street. sen stated that the sidewalk could be considered at a later time and moved adoption of the following resolution: . He gave results of a poll taken of the residents which indicated Engineer Hoffman pointed out that if the He advised that a contract has been He suggested that Council may want to consider amending a part . 1 In response to concern over the loss of trees, John Ward, speaking for his mother who resides at 5916 Hansen Road, Member Turner asked if the sidewalk was tied in with State Aid Mr. Hoffman indicated it could be constructed now or in the future and that Nember Brede- * - RESOLUTION M*ENDING IEPROVEMENT NO. BA-137A & B BE IT RESOLVED bv the Edina Citv Council that Construction of Permanent Street Sur- .? facing with Concrete Curb and Gutter and Sidewalk Improvement No. BA-127A & B be amended as follows: 1) Hansen Road from the NN&S Railroad tracks to Benton Avenue be constructed at a width of 32 f.eet, without sidewalk and without parking lanes, and - 7/2/84 2) Motion for adoption of the resolution was seconded by Member Richards, commenting that sidewalks are important to the community and that the sidewalk issue may be again considered by the Council at some time in the future. with Member Richards' comments regarding the sidewalk. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. Hansen Road from Benton Avenue to 60th Street be constructed without sidewalk. Member Turner concurred Member Bredesen then offered the following resolution and moved its adoption: RESOLUTION REUUING TO PARKING RESTRICTIONS ON S.A.P. 120-151-08 (HANSEN ROAD) FROM VERNON AVENUE TO W. 60TH STREET IN THE CITY OF EDINA, MINNESOTA WHEREAS, the City of Edina has planned the improvement of MSAS 151 (Hansen Road) from Vernon Avenue to W. 60th Street, and WHEREAS, the City of Edina will be expending Municipal State Aid Funds on the improve- ment of the Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid 'project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City of Edina has been determined; NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City of Edina shall ban the parking of motor vehicles on the East side of MSAS 151 (Hansen Road) from Vernon Avenue to the MN&S Railroad tracks at all times, and shall ban the parking of motor vehicles on both sides of MSAS 151 (Hansen Road) from the MN&S Railroad tracks to W. 60th Street at all times. Motion for adoption of the resolution was seconded by Member Richards. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. AMENDMENT TO NOISE ORDINANCE DISCUSSED. numerous noise complaints this year, the most recent one being from a Mr. Gershin. Assistant Manager Bernhardson pointed out that since the City adopted the state stan- dards on noise pollution control, mechanical problems have hindered enforcement. Staff has investigated acquiring additional equipment to better enforce the standards and is also reviewing the ordinance to possbily modify the threshold requirement for violation, to improve procedures and not only issue a citation to the owner of the property but also to participants. Member Richards asked that Mr. Gershin be advised that the ordinance is being reviewed and to let him know when the amendment will be considered by the Council. No formal action was taken. Mayor Courtney advised that he has received BID AWARDED FOR FOUR-WHEEL DRIVE ARTICULATED LOADER. Mr. Bernhardson presented tabulation of bids for a four-wheel drive articulated loader, showing Ziegler, Inc. .at $108,603.00 for Bid C (total cost bid) with repurchase at $88,500.00/5 years for a net of $20,103.00. He noted that the only other response was from Road Machinery, Inc., who failed to submit a full bid as required and submitted Bid A at $81,145.00. Representatives from Ziegler, Inc. and Road Machinery, Inc. were present to support their bids. After discussion of total cost bidding, Member Bredesen's motion was seconded by Member. Schmidt for award of bid to Ziegler, Inc. at total cost bid of $108,603.00. . Motion carried. Ayes : Bredesen, Richards, Schmidt , Turner, Courtney COMMUNITY HEALTH SERVICES CONTRACT FOR 1985 APPROVED. Mr. Bernhardson submitted the recommendation of the Health Advisory Board to award the Community Health Services contract for 1985 to the Bloomington Health Division, noting that this would be a transitional year. The Board has suggested that Community Health Services be con- tracted biennally to coincide with the Community Health Services Plan for 1986-87. Member Bredesen pointed out that the long term strategy shold be to encourage as many bidders as possible and that with the changes in Medicare and Medicaid reimbursement, it is almost certain that there will be other options available. Nember Turner then moved that the Community Health Services Contract for 1985 be negotiated with the Bloomington Division of Health, with the understanding that for the next two-year period the City would also be seeking bids from other providers. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. GRANT OF TE?XPOWY ACCESS EASEMENT AND AGREEMENT APPROVED FOR HARVESTING OF AQUATIC WEEDS FROM MIRROR LAKE. Mr. Hughes advised that the owners of Lot 34, Auditor's Subdivision No. 325, have agreed to offer a temporary access easement for the purpose of crossing their property with workers and equipment to cut, harvest and remove aquatic vegetation f,rom Mirror Lake. Staff would recommend that the easement be executed. Member Bredesen moved adoption of the following resolution: BE IT HEREBY RESOLVED that the Edina City Council hereby directs and authorizes . ... RE SOLUT ION 7/2/84 92 the Mayor and City Manager to execute, on behalf of the City of Edina, a Grant of Temporary Access Easement and Agreement for the purpose of crossing the following described property with workers and equipment for the harvesting of aquatic vegetation from Mirror Lake: That part of the East 100 feet of Lot 34, Auditor's Subdivision No. 325 lying north of Blake Road, Hennepin County, Minnesota. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. k -LMC LEGISLATIVE STUDY COMMITTEES AND LEGISLATIVE CONTACTS DISCUSSED. Mayor Courtney advised that the League of Minnesota Cities is seeking persons who are interested in membership on the LMC Legislative Study Committees for the 1984-85 Legislative Session and for assignment as a Legislative contact'for lobbying activities, and that anyone interested should complete and send in the forms to the League office. Mr. Bernhardson stated than an update on Edina's legislative policies would be brought to the Council within the next few weeks and that a date could then be set for a breakfast meeting with our legislators. Following that, suggestions could be made to the League for study. No action was taken. RESOLUTION ADOPTED AUTHORIZING BIDS FOR SOUTH BlUNICIPAL PARKING MlP REPAIR. Engineer Hoffman advised that this year's inspection of the south parking ramp Plans have been prepared to repair approximately 10% of the deck level which was constructed in 1969. 320 Replacements Account and from parking fees collected from 50th and France employees. Member Bredesen offered the following resolution and moved its adoption: - c at the 50th and France business area indicates some additional repair is necessary. He noted funding is available from the Public Works Staff would recommend authorization of bids for the repair project. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IBPROVEMENTS AND DIRECTING ADVERTISEbENT FOR BIDS FOR CONCRETE RESTORATION - PARKING RAMP BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed-improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now in file in the office of the City Clerk are hereby approved. 2. Bulletin the following notice of bids: I The Clerk shall cause to be published in the Edina Sun and Construction (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, M,INNESOTA 55424 HENNEPIN COUNTY , MINNESOTA ADVERTISEMENT FOR BIDS SEALED BIDS will be received and opened in the City Council Chambers in the Edina City Hall, 4901 W. 50th Street at 11:OO A.M., Wednesday, July 11, 1984, and the Edina City Council will meet at 7:OO P.M., Monday, July 16, 1984, to consider said bids for the concrete restoration of the City Ramp P-lA, Contract #84-4 (Eng). Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. by personal submission, after the time set for receiving them may be returned Work must be done as described in plans and specifications on file in the office of the City Clerk. (by checK). with a bona fide bid. bid bond or certified check'payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. The City Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Member Schmidt. - Bids should be addressed to the City Engineer, City of Edina, 4801 W. Bids received by the City Engineer, either through the mail or . ~ unopened. . Plans and specifications are available for a deposit of $50.00 No bids will be considered unless sealedeand accompanied by Said deposit to be returned upon return of the plans and specifications I Marcella M. Daehn, City Clerk Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. LIQUOR FUND STATEI4ENTS DISCUSSED. as at April 30 and May 31, 1984, indicate that the increase in earnings resulted from a reduction of inventory rather than an increase in sales. He stated he felt the Council should get an annual report from the liquor stores indicating the business plan for the next year or years. the goals for the liquor stores has been to reduce inventory, and that a yearly report would be provided for the Council. Member Bredesen noted that Liquor Fund Reports Efr. Bernhardson responded that one of No action was taken. 7/2/84 93 AMENDMENT TO ORDINANCE NO. 312 (ANINAL CONTROL) TO BE CONSIDERED JULY 16, 1984. Mr. Bernhardson advised that the amendment to Ordinance No. 312 - Animal Control would be brought to the Council for their consideration at the meeting of July 16, 1984. No action was taken. ri 0 m -3 5 a CAPITAL BUDGET TO BE DISCUSSED AT SPECIAL MEETING JULY 9, 1984. Mr. Bernhardson reminded the Council that a tentative meeting to review the Capital Budget has been scheduled for July 9, 1984, at 7iOO p.m. No action was taken. RICHEIFLD/EDINA COUNCILS TO MEET INFORMALLY. Mr. Bernhardson advised that the Rich- field City Council has invited the Edina City Council to Rich Acres for a golf date the third week in August and asked for date preference. It was informally agreed to let Richfield set the date at their convenience. PROPERTY OF CHRIST PRESBYTERIAN CHURCH NORTH OF 69TH STREET DISCUSSED. Mayor Courtney advised that a letter had been received from Christ Presbyterian Church relative to. the use of their property north of W. 69th Street for parking space. Mr. Bernhardson pointed out that according to the Zoning Ordinance, parking required for non-resi- dential uses an adjacent lot owned by the church. It further provides that such parking spaces shall not be separated from the principal use by a public street. property located north of W. 69th Street cannot be used for church parking. church has the right to pursue a variance and a conditional use permit to allow construction of a parking lot north of W. 69th Street, but such request would likely be very controversial as it was several years ago. letter has been drafted in response to the inquiry. such as a church, must be located on the same lot as the church or on Therefore, the The Mr. Bernhardson added that a No formal action was taken. NO PARKING RESOLUTION ADOPTED FOR FRANCE AVENUE/494 COUNTY PROJECT. Mr. Hoffman advised that Hennepin County has asked for a resolution authorizing the parking restrictions on France Avenue which have been in effect since the county project improving CSAH 17 (France Avenue) was constructed and would recommend adoption of such a resolution. Member Schmidt offered the following resolution, moving adoption: RESOLUTION RELATING TO PARKING RESTRICTIONS ON FRANCE AVENUE FROM W. 70TH STREET TO SOUTH CITY LIMITS IN THE CITY OF EDINA, MINNESOTA WHEREAS, Hennepin County has planned the improvement of CSAH 17 (France Avenue) from W. 77th Street to W. 80th Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street, approval of the proposed construction project must therefore<be con- ditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be necessary prerequisite to the approval of this construction has been determined; NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City of Edina shall ban the parking of motor vehicles on both sides of CSAH 17 (France Avenue) from W. 70th Street to the South City Limits at all times. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. LIQUOR FUND REPORTS as of April 30 and May 31, 1984, were approved and ordered placed on file by motion of Member Schmidt, seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. CLAIMS PAID. of the following claims as per Pre-List dated 7/2/84; Park Fund $12,960.95, Art Center $2,400.71, Swimming Pool Fund $4,207.32, Golf Course Fund $18,362.85, Recreation Center Fund $2,088.02, Gun Range Fund $56.10, Waterwork Fund $8,148.07, Sewer Rental Fund $4,891.61, Liquor Dispensary Fund $1,366.50, Construction Fund $1,205.50, Total $122,387.77. Motion of Member Schmidt, was seconded by Member Turner, for payment General Fund $66,700.14, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. I There being no further business, Mayor Courtney declared the meeting adjourned at 9: 55 p.m. City Clerk