HomeMy WebLinkAbout1977-03-07_COUNCIL MEETINGAGENDA
EDINA CITY COUNCIL
MARCH 7, 1977
7:00 P.M.
ROLLCALL
I. AWARD OF BIDS Tabulation and Recommendation by City Manager. Action of
Council by Motion.
A. Sand, Rock and Bituminous Materials
B. Water Treatment Chemicals
II. COMMUNICATIONS
A. Petitions
Street Name Change - Marth Road to Marth Court - Set Hearing Date
B. Request to Continue Amundson Ave. Improvements until 4/18/77
III. RECOMMENDATIONS AND REPORTS
A. Planning Commission
1. Set Hearing Dates
a. Lot Division
(1) Dayton Hudson Properties - Tract A, R.L.S. 1365 - Located
South of W. 69th St. and West of Valley View Road
b. Prestige Investments, Inc., - Lots 1, 2 and 3, Block 1, Nine Mile
North 2nd Addition - Located at 6800, 6804 and 6808 Dovre Drive
(1) R -1 Residential District to R -2 Multiple Residential District
Z -77 -1 (3/2/77)
(2) Flood Plain Permit FP -4 (3/2/77)
(3) Lot Division - Lots 1, 2 and 3, Block 1, Nine Mile North 2nd
Addition
c. Wallace Kenneth - Interlachen Hills 3rd Addition - Located East of
Lincoln Drive and West of Malibu Drive extended
(1) R -4 Multiple Residential District to R -2 and R -4 Multiple
Residential Districts and to R -1 Single Family Residence
District Z -77 -2 and Z -77 -4 (3/2/77)
(2) Preliminary Plat - S -77 -2 (3/2/77)
d. John J. McCauley - Outlot A, McCauley Heights 4th Addition and Lot 1,
Block 1, McCauley Heights 4th Addition - Located North of
McCauley Lane, South of McCauley Circle and East of McCauley Trail
(1) R -1 Residential District to R -2 Multiple Residential District-
Z-77-5 (3/2/77)
(2) Declaration of Buildable Lot - Outlot A
e. Village Development Company - Outlot A and Lots 3 and 4, Block'2,
and Lots 11 and 12, Block 1, Edina Green - Located at 5224, 5520,
5527 and 5525 Malibu Dr.
(1) R -2 Multiple Residential District to R -1 Residential District
Z -77 -6 (3/2/77)
(2) Declaration of Buildable Lot - Outlot A
2. Lot Division
a. Lot 5, Block 1, Gleason 3rd Addition - 6412 Aspen Road - LD -77 -4
(3/2/77)
3. Final Plat Approval
a. Findell Second Addition - West of Cahill Road, South of 70th St.
ti
March 7, 1977 Agenda
Page Two
2. Appointment of Edina Citizen Safety Council Member to Traffic Safety
Committee (Continued from 2/28/77)
3. Change in Use of Tax Forfeited Land (Continued from 2/28/77)
4. County Road 18 /County Road 3 Plan Approval (Continued from 2/28/77)
5. Feasibility Report - Set Hearing Date
6. Recommendations - Boards and Commissions - Mr. Richards (Continued from
2/28/77)
7. Planning and Zoning Institute Report - Mrs. Schmidt
8. Post Agenda and Manager's Miscellaneous Items
a. Voting Precincts
IV. RESOLUTIONS
.H. 100 Gap Resolution
B. House File 1 - Social Services Bill
V. ANY OTHERS DESIRING HEARING BEFORE COUNCIL
VI. FINANCE
A. Claims paid. Motion of , seconded by for payment of
the following claims as per Pre -List: General Fund, $32,831.02; Park Fund,
$2,178.31; Golf Course, $4,912.32; Arena, $222.64; Water, $5,411.32;
Sewer, $$72,428.82; Liquor, $37,705.26; Construction, $817.21; Total,
$156,506.90
..0 6
March 1, 1977
Tot Mayor James VanValkenburg
& Members of the Edina City Council
On January 17. 1977, the Edina City Council moved to delay decision
on the Amundson Avenue improvements until the first Council meeting in
April to allow for further study.
As April 4 is the day the Edina schools return to school after spring
break and it is also the Monday before Easter, we feel that many of the
concerned residents may not be in town. We would appreciate it if the
Council would.postpone the Amundson Avenue discussion until Monday, April
18, 19770 At that time all concerned will be able to attend the meeting.
Thank you for your consideration in this matter.
Sincerely yours,
Mrs..Robert O'Connor
7101 Lanham Lane
Mrs. Larry Johnson
7105 Lanham Lane
GZ�
RECOMMENDATIONS FOR PURCHASES
OF
MATERIALS AND WATER TREATMENT CHEMICALS BID
MARCH 2, 1977
(For Period of April 1, 1977 thru March 31, 1978)
CONCRETE SAND
Northwest-ern Aggregates, Inc.
FA -4 BUCKSHOT
Northwestern Aggregates, Inc.
GRAVEL BASE
W. G Pearson, Inc.
CA -5 LIMESTONE
Minnesota Valley Surfacing Co.
SEAL COAT CHIPS
Bryan Dresser Trap Rock, Inc.
READY MIX BITUMINOUS
Bury and Carlson, Inc.
Midwest Asphalt Corp.
CUT BACK ASPHALT
L. N. Sickels Co.
HYDROFLUOSILICIC ACID
LIQUID CHLORINE
Both Above:
Hawkins,Chemic 1, Inc.
R 'V
Robert Dunn, P.E.
Director of Public Works
and City Engineer
March 7, 1977
1976 PRICE
$1.82 per ton del. $ 1.81
$3.28 per ton del. $ 3.05
$1.94 per ton del. $ 1.95
$3.50 per ton del. $ 3.54
$7.90 per ton del. $ 7.35
$10.25 per ton picked up $10.25
(shortest haul)
$10.25 per ton picked up
(backup in case of B &C
supply problem)
$0..3421 per gal. del, $ 0.3215
$ 7.71 per cwt.
$18.91 per 150# cyl.
(lowest total bid for
30 gal. containers and
both chemicals from one
supplier)
BID TABULATION
Concrete
Sand
n D Ti
SAND - BITUMINOUS MATERIAL - ROCK
and
WATER TREATMENT CHEMICALS
Buck Gravel Limestone Seal -Coat
Shot Base C -A -5 Chips
n P T1 P P TI T)- P_11- D P_U.
Hawkins Chemical Inc
11:00 A.M.,
March
2, 1977
b
3 d
p
7.71
Ready Mix
Cut -Back
yr4 U
.d ,n., I
Bituminous
Asphalt
o U
44 14
Materials
b -4
V'r4
D. P.U.
D. P.U.
Hawkins Chemical Inc
3 d
p
7.71
18.91
Jones Chemicals, Inc.
°
y'o-
7.49
17.10
Anderson Chemical Co.
-.-
24.75
07�
8.00
18.85
Van Waters & Rogers
Anderson Aggregate Co.
2.24
0.76
2.74
1.26
Bury & Carlson, Inc.
11.75
10.25
Koch Refining..Co.
.3424
0.33
Edward Kraemer & Sons, Inc..
2.60
1.40
3.45
2.25
3.20
1.50
3.60
2.20
(
ackup
Midwest Asphalt Corp.
-,_-&&-
1.30
11.50
10.25
Wm. Mueller & Sons
2.90
1.10
3.05
1.25
FA -2
4.05
2.25
New Ulm Quartzite Quarries
8.25
4.25
Northwest Aggregates, Inc.
1.82
0.75
3.28
2.00
-2!!8-
1.10
Ashland Petroleum Co.
.3424
0.33
W. G. Pearson, Inc.
1.94
0.75
I-IT
1.50
River Warren Aggregates,Inc
2.8,7
J. L. Schiely -Co.
3.34
1 .70
3.84
2.10
8.48
4.50
BID TABULATION
SAND - BITUMINOUS MATERIAL - ROCK
11:00 A.M.,
March
2, 1977
and
"4
WATER TREATMENT CHE14ICALS
c
Concrete Buck Gravel Limestone Seal -Coat
Ready Mix
Cut -Back
Asphalt
.-o+ u
44 .,4
O.0
Sand Shot Base C -A -5 Chips
Bituminous
o
Materials
10,4
V 4
., n TT n v TT n P_TT_ D P.U.
�. / P.U.
D. P.U.
>'4
aC
MN Valley Surfacing Co.
F 1M.
N 1�111111 .
Bryan Dresser Trap Rock
, 0 1
"W-VI "I
Low Bid
Low Bid Based on Haul Dis,
15 gallon containers'
1� r
March 8, 1977
Mr. Herbert 0. Klossner, P.E.
Chief Engineer
Hennepin County Department of Public Works
320 Washington Ave. S.
Hopkins, MN 55343
Dear Mr. Klossner:
Enclosed herewith in duplicate is an executed resolution adopted by
the Edina City Council at its regular meeting of March 7, 1977, approving
CSAH No. 18 County Project 7418.
Yours very truly,
City Clerk
enclosures (2)
cc: Robert C. Dunn
At a duly authorized meeting of the City Council of Edina
Minnesota, the following resolution was moved and adopted:
WHEREAS, Plans for
RESOLUTION
Hennepin County
Project
No. • 7418 showing proposed alignment, profiles, grades, and
cross sections, together with specifications and special provisions for the
(construction), (i;aoPMOMNAt), of County State Aid
Highway No. 18 within the limits of the City as a (Federal)
(Stm) (Unty) Aid Project have been prepared and presented to the City.
NOW THEREFORE IT IS RESOLVED: That said plans, specifications, and
special provisions be in all things approved.
Dated this 7th day of March
CERTIFICATION
State of Minnesota
County of Hennepin
City of Edina
19 77
I hereby certify that the foregoing Resolution is a true and correct
copy of a resolution presented to and adopted by the City Council of
Edina at a meeting thereof held in the City of
Edina Minnesota on the 7th day of March
19 77 as disclosed by the records of said City in my possession.
(seal)
City Clerk
i
LOCATION
81sc
•• 1. -A
it
.S.r
CAY BLVD.
•AL'IVCit:
+, • ! ,.
Z
IMEME_
WtMMIS1, J►�+
Z.
lot division
REQUEST NUMBER:
LD -77 -4
LOCATION: Aspen Road cul -de -sac
REQUEST: — Change property line-, to
accommodate driveways on adjacent lot.
MAR-mr,
u • I
Uj
Gn
7 W
- -�'- -� W
�ill�e Banning ddanning d t t village-d-e-111MA
C,
EDINA PLANNING COMMISSION '
STAFF REPORT
March 2, 1977
III. New Business:
2. Lot Division LD -77-4 Jeffrey P. Gustafson. Lot 5, Block 1, Gleason
3rd Addition. 6412 Aspen Road.
Refer to: Attached certificate of survey.
The proponents are requesting permission to divide a small 20' X 40' triangular
piece of property off the northwestern corner of Lot 5, Block 1, Gleason 3rd
Addition. The driveway for the adjacent lot travels over this portion of
property.
Recommendation: The staff would recommend approval of the proposed division,
as a buildable lot would not be-created and the proposed division is not
significant.
GL: In
2/25/77
r�
MEMORANDUM
TO: Warren C. Hyde, City Manager
Robert C. Dunn, Acting City Manager
FROM: Kent P. Swanson
I have been notified to draft a letter for the signature of Mayor Van
Valkenburg, expressing view points on Senate File 103. This proposed
legislation provides that increases in value resulting from improvements
to residential homestead property more than five years old will not be
added to assessed value, so long as the-improvement did not increase the
square footage of living space. This is one of a number of bills which
are introduced each session to place a moratorium on value increases.
In addition to being difficult to administer fairly, a number of object -
tions can be made to this type of legislation. They are the basis for
the draft which follows, some of these were expressed by the Edina City
Council.
DRAFT
After reviewing Senate File 103, a so- called "Moratorium on
Taxing Home Improvements ", the Edina City Council and Assessor
have expressed a number of concerns which include:
1. No analysis of the cost impact has been provided.
e__ e-
2. No specific provision for dnergy ficiency or
savings is included.
h
3. No recognizable dPffect on Roderate ncome mousing
is shown.
4. Vague criteria makes fair administration difficult
and creates ill feelings for those who anticipate
a tax saving, but, are not el�gible.
5. Difficulty in isolating improvement value in general
value adjustments of subsequent years. -
6. No demonstration has been made that ;U5 real estate
taxes are a major factor in improvement decisions 0- 7L44 T-
in communities that have attempted such moratoriums
any significant trend toward rehabilitation or main-
tenance has occurred.
Based on these concerns, the City of Edina Council would '
express opposition to the passage of this bill or aBy similar
legislation.
END OF DRAFT
If you have any comments or corrections concerning the above draft, I am
sure the Mayor would welcome them.
March 3, 1977
KPS /jr
AGENDA
Edina Planning Commission
Wednesday, March 2, 1977, at 7:30 P.M.
Edina City Hall
I. Approval of the February 2, 1977, Planning Commission Minutes.
II. Old Business:
]G 1 Rezoning Z -77 -1,
Flood Plain
Permit FP -4 &
LD- -6
2. Subdivision
5 -77 -2 &
Rezoning Z -77 -4
z �
Prestige Investments, Inc. 6800, 6804, and 6808
Dovre Drive. Lots 1, 2, and 3, Block 1, Nine Mile
North 2nd Addition. R -1 Single Family Residence District
to R -2 Multiple Residence District.
Wallace Kenneth. Generally located east of Lincoln Drive
and west of Malibu Drive extended. R -4 Multiple
Residential District to R -4 and R -2 Multiple Residence
Districts and R -1 Single Family Residence District.
3. Declaration of Buildable Lot - Outlot 1, Iroquois Hills 4th Addition.
Generally located south and west of Valley View Road.
III. New Business:
1. Rezoning Z -77 -5 John J. McCauley. Outlot A, McCauley Heights 4th Addition
�& Declaration and Lot 1, Block 1, McCauley Heights 4th Addition.
of Buildable Generally located north of McCauley Lane, south of
Lot McCauley Circle, and east of McCauley Trail_ '
2. Lot Division
7 .7 LD -77 -4
3;;,-rRezoning Z -77 -6
—.,>& Declaration
of Buildable
Lot
Jeffrey P. Gustafson. Lot 5, Block 1, Gleason 3rd
Addition. 6412 Aspen Road.
Village Development Company. Outlot A and Lots 3 and 4,
Block 2, and Lots 11 and 12, Block 1, Edina Green.
Generally located at 5224, 5520, 5227 and 5525 Malibu
Drive. R -2 Multiple Residential District to R -1 Single
Family Residence District.
4. Subdivision McCauley Heights 7th Addition. Generally located east of
5 -77 -3 McCauley Trail, north of McCauley Lane, and south of
McCauley Circic.
5. Lot Division � Dayton Hudson Properties. Tract A, Registered Land
6Q.t� LD -77 -5 Survey No. 1365. Generally located south of W. 69th
Street and west of Valley View Road.
6.
IV. Adjournment.
Y _
1 1 , 1"a 1 1
.'
4, 1977
8700 west 36th street west 201-")
Fianuary
St. louis park, minnesota 55426
mes Van Valkenburg, Mayor
telephone 9332445
City of Edina
4801 Vest 50th Street
Edina, MN 55425
Dear .14r. Van Valkenburg:
The follOWing is our report of
Ldina.
public
health nursing service's in
during November, 1976
enclosed for members of the Council.
Additional copies are
this
year last yr.
r.ionth
toi date to date
1st'of the month case load
55
- --
admitted to service
9
76 91
closed to service
�5
86 89
End of month case load
49
___
Accumulative case load
- --
135 154
Home visits
Nursing care
41
574 570
�. Teaching- counseling
35
^7E 335
Home health aide care
47
407 285
TOTAL
123
1,257 1, !go
Not home /not found
21 ,[
Noy immunizations given
- --
90 108
Sincerely,
cc: Warren Hyde, City Manager.
Kenneth Esse, Sanitarian
Curtiss V. Rockwell, T�4.D.
(Miss)
Hilda U Boy , R.N.
Health Officer
Director
Genw.4
-t-tk e
HUB /sh
supported by tax funds From municipalities
of suburban henneoin county & the united
way
I
1.
a
�00 N.-
City' of GEdina
4801 WEST FIFTIETH STREET • EDINA. MINNESOTA 69424
927 -8861
March 2, 1977
Mr. William M. Crawford
District Engineer
District 5
State of Minnesota
Department of Transportation
2055 North Lilac Drive
Golden Valley, Minnesota 55422
Re: Benton Avenue
South Access to T. H. 100
City of Edina
Dear Mr. Crawford:
At its February 23, 1977 meeting, the Edina City Council con-
sidered the enclosed February 23, 1977 staff report which was
prepared after the January 10, 1977 public meeting concerning
subject.
Council action was to postpone the matter indefinitely unless
additional facts became available. This, in effect, indicates
concurrence with Item No. 1 of the staff report recommending
that the interchange be left as constructed without the south
access.
Yours very truly,
Robert C. Dunn, P.E.
Director of Public Works
and City Engineer
Acting City Manager
RCD /ds
CC: W Hyde
Hallberg
F. Hoffman
cc /w /encl: Mr. Robert Short
Metropolitan Council
8 Merilane
Edina, Minnesota 55436
Mr. William M. Crawford
March 2, 1977
Page 2
cc /w /encl: Mr. Larry Dallam, Director
Transportation Planning
Metropolitan Council.
300 Metro Square Building
7th Street and Robert"Street
St. Paul, Minnesota 55101
Senator Otto Bang
Minnesota State Capitol
St. Paul, Minnesota 55155
Representative Mary Forsythe
Minnesota State Capitol
St. Paul, Minnesota 5,515.5
Representative Ray Pleasant
Minnesota State Capitol
St. Paul, Minnesota 55155
�, / T
r
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-.. ', �. �� •.� !` 'r.rl s `.�-° fe%..}y. __+ •- t' ' {+{:{ a'.•. l'rf r:`- a- tar:c, -
. � -- •. - ; ..o , � -i �' t i! 1 of � • Q _ ..., - , � • 1 ti-r, �• • � i (( - _ .
- -- o fi $•� ,: :•�_ � :�%�; "� � _ �:a .. � : ,:, ,.�.. ;x•1:1 _
- o
JA
,; M1.: �.- /-�= rfj �l. '�••�`1I.'i r`V i '�.` Jj� '� �! _ •� ,` ✓l.Y'�fl{I {.., t�f 1,
MAN
.. _ . _. _ � `• '� -�'! -� C+ 1 ��' - -' "`- � i .t tv_ lTTT �,� �� / %` R— p -. _ _ yf 1. r
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`', � 0 +'`,�•'„- -� - -1 �, 1 f ..._y_.- � }t ice_ � - -.C_ _ � �i�/ t -
i, ��;„ I., � � •N;_�':o�. .�. ��•�. ,}_ / fad ��;�.� j.. .t 1 1 __.
. i';y�°"-'' L�.. ,�t T �� - � ... 1. -„� ••__ " �::.� 1 _ r _ .
_; a '.Y --- --f'Y ---:"" "' y_�-••x�. _ I_ ��. -. ,, •- - ��..� � .."�
R;�GIST -P.3D VOTERS P� ? PRECINCT
i;st. Dwg. t,nits
'70 Ccnst_s
1,
1974
1975
' 976* 1977 1978
�j
,lovember
569 Precinct
1
1516
1446
+ �
�
2511
-
1 3 3 a
i
1,062
2
2247
2090
2511
1,040
3
2419
2359
899
4
17 -92
1702
2033
' 976
5
2057
1985
2790
558
6
1.503
1527
2007
1 � -
19 Sr 5
924
7
2079
2024
2368
707
8
1741
1696
1975
1,136
9
2408
2330
2795
y -
1'7 a y
535
10
1707
1664
2108
700
11
1728
1689
2222
705
12
1422
1385
1640
536
13
1949
1875
2725
7 S
1,142
14
2308
2153
2522
1 n -
r ro GO
616
15
1720
1678
2138
1,280
16
1636
1766
3298
t3,3�Ss q7
►I l io
l 1 a-
137!,
i�
Total as of Nov. 1
30,229
29,369
34,026
L�'37,8�y
�
Regist. Elect. Day
1,515
157
3,706
,, ct."19 70
I Total Reg. Voters
31,744
29,526
37,732
Votes Cast
19,071
60.07%
4,817
16.3/-G
29,279
78%
t%�4
Percent Votina
4-2) -3
a, &I
Absent Ballot Anpl.
636
S7
,
Absent Ballots Voted
557
52
2,014
Ip
RESOLUTION
APPROPRIATION OF MUNICIPAL STATE -AID
FUNDS TO T.H. PROJECT
WHEREAS, it has been deemed advisable and necessary for the City of Edina
to participate in the cost of a construction project located on T.H. 100
within the limits of said municipality; and
WHEREAS, said construction project has been approved by the Minnesota
Department of Transportation and identified in its records as S.P.
Nos. 2733 - 61, 66, 67, 69, 70, 71 and 73;
NOW, THEREFORE, BE IT RESOLVED that the City of Edina does hereby appro-
priate from its Municipal State -Aid Street Funds, under the hardship
provision of M.S.A. Law, Section 162.14, Subdivision 2:
$225,173.84 for Utility Relocation
30,691.39 for Storm Sewer
8,936.25 for Sidewalk and Curb and Gutter
18,497.00 for Traffic Signals
to apply toward the construction of said project and request the Commis-
sion of the Department of Transportation to approve this authorization.
ADOPTED this 7th day of March, 1977.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN) SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of
Edina, do hereby certify that the attached and foregoing resolution was
duly adopted by the Edina City Council at its regular meeting of March
7, 1977, and as recorded in the minutes of said regular meeting.
WITNESS my hand and seal of said City this 9th day of March, 1977.
City Clerk
K .0
•� _ Edina City -% of �
4801 WEST FIFTIETH STREET • EDINA, MINNESOTA 83424
RESOLUTION IN OPPOSITION TO HOUSE FILE NO. 1, 1977 927 -8861
MINNESOTA LEGISLATURE
WHEREAS, the City Council of the City of Edina is the official gov-
erning body of the City of Edina; and
WHEREAS, the City Council fully supports and approves previous legis-
lation which established and funded municipal boards of health and health de-
partments; and
WHEREAS, the City Council feels strongly that the City of Edina's De-
partment of Health should continue to provide a full range of community health
services including environmental health services, home health services, adult
health services, children health services, public health support services,
counseling for individuals, families and groups, nutritional services and disease
prevention and control services, to residents of Edina; and
WHEREAS, the City Council is aware of the highly competent and profes-
sional manner in which the City of Edina's Department of Health and contracted
personal health services have performed said community health services; and
WHEREAS, the City Council has reviewed that certain law proposed to the
legislature during the 1977 legislative session, filed as House File No.l; and
WHEREAS, the City Council is aware that the adoption of House File No.
1 as presently drafted would repeal existing statutory provisions which, among
other things, (1) permit the organization of a city board of health and health
department (M.S.A. 145.913, Subd. 2), (2) exempt city property from the county
health department tax levy (M.S.A. 145.51), (3) allow the city to adopt more re-
strictive public health standards than the state or county (M.S.A. 145.53, Subd. 2),
(4) mandate that at least 51 percent of the advisory committee to the county
board of health consist of local government officials (M.S.A. 145.913, Subd. 3),
(5) require city council approval before the county can pre -empt that authority
of the city to provide health services (M.S.A. 145.914, Subd. 2), (6) authorize
the city to hire health service personnel, acquire property, accept funds, collect
fees, contract for services, and evaluate the effectiveness and efficiency of
community health services (M.S.A. 145.916), (8) provide a health service subsidy
for the city's department of health (M.S.A. 145.921); and
WHEREAS, the City Council is further aware that House File No. 1 would
transfer the authority for the planning, funding, and provision of community
health services to the Hennepin County Board of Commissioners and thereby seri-
ously jeopardize the viability of the City of Edina's Department of Health;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA
IN REGULAR MEETING ASSEMBLED, that the City Council hereby urges that the
Minnesota State Legislature reject the.passage of House File No. 1.
L �
BE IT FURTHER RESOLVED, that the City Clerk of the City of Edina is
hereby directed to provide a copy of this resolution to all appropriate legis-
lators.
ADOPTED this 7th day of March, 1977.
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City
of Edina, do hereby certify that the attached and foregoing resolution was
duly adopted by the'Edina City Council at its regular meeting of March 7, 1977,
and as recorded in the minutes of said regular meeting.
WITNESS my hand and seal of said City this 14th day of March, 1977.
z_
City Clerk
ROUGH DRAFT
M E M 0 R A N'D U M
TO: Phil Cohen, Legislative Consultant
FROM: John Wm. Urbach, Public Health Sanitarian, Crystal -
Brooklyn Center - Brooklyn Park Health Department
SUBJECT: HOUSE FILE 1, SOCIAL SERVICES BILL
DATE: February 28, 1977,
I have reviewed the proposed House File 1 with Harvey McPhee
and Ernest Petersen, St. Louis Park Health Department; Ken Ess"nd David
Velde, Edina Health Department; Immanuel Roesler, Richfield Health Depart-
ment; and Tom Heenan, Golden Valley Health Department, and offer the fol-
low_.ng preliminary remarks:
Local government will have no mandated input into the development
of personal and'environmental health services as now required under
the Community Health Services Act. Legal authorities for local public
health nursing, local health authorities and boards of health are
repealed. The intent of close coordination and working relations
between outstate city health departments and their counties, inherent
in the Community Health Services Act, is repealed.
2. Programs defined under the Community Health Services Act are not
mandated as are certain welfare programs and,,as such, will probably
receive lesser consideration and funding, and only if funding beyond
mandatory social service programs leaves any money., This is clearly
inconsistent with the Community Health Services Act.
3. The Commissioner of Public Welfare is apparently given control power
over the State,Board of Health in matters relating to public health.
The programs we are most concerned with are not mandatory under
the House File 1 bill; i.e. environmental health, licensing, and
6
inspection' activities and are not felt ,to be. a. high concern or
priority item with the Department of Public Welfare.as they are with
the Minnesota,Department of Health. It would appear that this bill_
does not give,the emphasis to environmental and certain personal
health services that has ..clearly been mandated under the Community
Health Services Act and supported and promoted-by the Legislature in
the last session.
4. While co,ordinatI.on of health services is needed, ' it ' is very
questionable, that.the services defined under the-Community Health
Services Act are.compatible. and /or realistically fall under the
umbrella of the; mandated Department of Public Welfare programs such
as daytime - activity centers, detoxification centers, adoption services,
mental health and,retardation services, and foster care. Community
Health.Services. programs such as housing inspection, restaurant
inspection, air pollution control, insect and rodent control, on -site
.sewage and water supply systems, noise pollution, well ,child clinics,
emergency medical service, nutritional services, health education,
animal control,. epidemiology, family planning, dental public he -alth
services, and public health nursing are preventive programs under
public'health whereas Department of Public Welfare activities are,
a
maintenance and assistance -programs.and may be health oriented.
Public-health-services simply do not belong under the Department of
Public Welfare.
5. Local communities currently providing services, and those now being
developed, will be taxed above and beyond what they are now paying
and receive questionable, return. The effect is to essentially have
double taxation. The Community Health Services'Act removed.this
problem, and.this'bi11 will repeal that factor..
-3-
6. Relative to Hennepin County—
a. The bill will negate and eliminate the exhaustive efforts of
Minneapolis and suburban communities in terms of time and
studies which have been implemented; i.e. interim.advisory
committee to county board, ad hoc personal and environmental
health committee and respective reports.
b. Would'eliminate mandated municipal officials representation
on county health advisory committee.
C. Does not mandate elected official participation and citizen
input on advisory committees. Does not mandate advisory committee
on health.
d. Would eliminate legal authority for municipalities to receive
subsidy funding to operate their own community health services
program and to coordinate those - services on an individual city
basis with county assistance and coordination.
e. Will jeopardize local municipal health agencies and existing
delegation of authority agreements with the State Health
Department to provide services.
f. Would appear to terminate legal authority of Suburban Public
Health Nursing Service to operate immediately upon repeal of
their statutory authority for existence and funding.
g. Does not prevent double taxation on suburban communities. Would
appear to funnel suburban tax funds to the City of Minneapolis.
h. Could terminate efforts of smaller municipalities.unable to
raise additional funds under existing levy limit law to continue
the development of programs whose development is being funded
under Community Health Services Act money. This application of
funds.is not clearly mandated by House File 1.
-4-
RECOMMENDATION:
While coordination of welfare and health programs may be neces-
sary, the focus of attention for responsibility of health should not and
cannot be under the Welfare Department. References to public health
statutes and the Community Health Services Act should be deleted. A format
for the provisions and development of Community Public Welfare Services
should be separate and follow a format for municipal officials' input,
citizen participation, accountability, elimination of double taxation,
funding mechanisms, municipal and county coordination, definition and
functional structures compatible and consistent with the 1976 Community
Health Services Act.' The necessary coordination and organization of the
Department of Public'Welfare and the Department of Health can be obtained
but not in the proposed method. Both departments must,be operationally
distinct.
We would recommend outright rejection of the bill if it cannot be
sent to subcommittee for further review, restructure and rewriting with
the assistance of those persons who have actively worked in the development
and implementation of the Community Health Services Act. The legal and
financial implications cannot be adequately resolved by simple amendment
procedures.
. Notes on the Planning and Zoning Institute
held February 24 and 25
Keynote speaker..Randall W. Scott, Attorney..Washington, D.C.
Land Use Trends and The Courts Through the 170's
Land use questions and housing ,questions are now ripe for the
courts to step in-because the courts are aware of and out of.
patience with the games local governments are playing to get
around solving them. Strong emphasis is being placed on re-
ionalism (Metro Council in our area) and the general welfare
( a loose open -ended phrase). Local decisions cannot buck the
regional welfare. If they fail the test of regional develop-
ment, it could result in local level planning being overturned
by the courts. Federal Courts, in recent decisions, have thrown
the ball back to State Courts saying they will not rule on land
use and growth questions... rather the main control should, come
by way of state legislation.
Regional'im...takes a hard look en how local planning impacts on
the whole region. Scott sees the importance of regionalism and
the.general welfare considerations growing as,factors influenc-
ing decisions on zoning and growth.
,:%5New Directions in Comprehensive Planning and Development Control
What is the relationship of staff to planning board? To what
degree does the planning board have to give explicit reasons for
its decision? Is there a requirement that the board of adjust-
ment and the planning commission set forth written,reasons why
a particular decision.was made? (Not just to parrot the 'fun-
necssary hardship' phrase or the 'consistent with plan' phrase,
but to actually spell out why in this instance they made the
decision they did)
�y
Zoning should follow the comrehensive plan...there is an increas-
ing concern by.the caurts on the relationship between the zoning
ordinance and some evidence of prior comprehensive planning. The
comprehensive plan is not only useful but it is essential to
insure fairness in public control over private land use. The
highest court in New York State states:
The comprehensive plan is the essence of zoning. Without
it, there can be no rational allocation of land use. It
is the insurance that the public welfare is being served
and that zoning does not become nothing more than just a
,�,Oa l lup poll. Moreover, the comprehensive plan protects
the Landowner from arbitrary restrictions on the use of
his property which can result from the pressures which
outraged voters can bring to bear on public of f icia`ls .. l .
When developing comprehensive plans....
be sure zoning districts and uses are clearly described..ambi-
quity is a problem esample..(when showing a shopping center on
a plan..describe it as neighborhood or regional) Keep the plan
E
consistant..do not.change directions and make sweeping alterations
in the plan because it then loses its credibility. In order for
the plan to be enforcable it must be reasonable, simple and under-
standable. The objective of the plan should be clearly stated.'
Then, the community consensus for the plan should be established.
Let the people in the city know and understand what the object -,
Lves of the plan are and the goals the plan seeks to achieve. By
obtaining community consensus for the plan, the plan is strenghen-
A-
ed and the support of -the community lends weight to it.
Consultants and /or planning staff must understand that this
planning policy could have far more significance in the zoning
litigation tha d it's ever had in the past 50 years. The use
of policy statements in the plan is some assurance that your
decisions, when you must make decisions in particulars in-
stances, will be based upon a pre - established policy and not on
some hunch or prejudice. In order for the process to be fair, we
must establish some rules that insure greater fairness in the
process, and we must establish policies in advance of the parti-
cular hearing to better insure that decisions to grant or de-
cisions to deny are not made on the spur of the moment..or look
like they were made on the spur of the moment.
dIS
"There is a new decipline.afoot .... we must think through our
plans more carefully and avoid the small plans." 2.
1. %t The Role of Laymen and Professionals in Zoning Administration��
by Richard F. Babcock
2. Daniel Mandelker, "New Directions in Comprehensive Planning
and Development Control "; Guest speaker
CO
Public Works
Phone 935 -3381 320 Washington Av. South, Hopkins, Minnesota 55343
HeNNePIN COUNTY
March 4, 1977
Mr. Robert Dunn, Engineer
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Dear Mr. Dunn:
RE: C.S.A.H. No. 18
County Project No. 6742
This letter is your assurance that all applicable State and Federal
regulations are being followed in the acquisition of the properties
on the east side of C.S.A,H. No. 18 between Maloney Avenue and Third
Street in the City of Edina. Relocation assistance and benefits have
been or will be provided to all eligible parties in accordance with
the resolution of the Edina City Council adopted on October 20, 1975.
Sincerely,
,y ✓� � , � ��r trrit+
David D. Swenson
Principal Right of Way Agent
DDS: lm
Minorities, Women and Other Protected Classes are Encouraged to apply
for Employment at Hennepin County
To—
RESOLUTION NO. 77-
A RESOLUTION IN OPPOSITION TO HOUSE FILE NO. 1, 1977
MINNESOTA LEGISLATURE
IMEREAS, the City Council of the City of Bloomington is the
official governing body of the City of Bloomington; and
IVHEREAS, the City-Council fully supports and approves previous
legislation which established and funded municipal boards of health
and health departments; and
MIEREAS, the City Council feels strongly that the City of
Bloomington's Division of Public Health should continue "to provide
a full range of community health services including home care ser-
vices, adult health services, children health services, public
health support services, counseling'for individuals, families and
groups, nutritional services and disease prevention and control
services,. to residents'o£ Bloomington, Edina and Richfield; and
WHEREAS, the City Council is aware of the highly competent
and professional'manner in which -the City of Bloomington's Division
of Public Health has performed said community heal.th1'services; and
M:tEREAS, the City Council has reviewed 'that certain law proposed
to the Legislature during the`1977 legislative session, filed as
House File No. 1; and
WHEREAS, the City Council is aware that the adoption of House
File No. 1 as presently drafted would. repeal existing statutory
provisions'which, among other things, [1] permit the organization of
a city board of health and health department (M.S.A. 9 §145.01; 135.913,
Surd. 2), [1] provide investigatory and enforcement powers for
local beards of health (M.S.A.:,145.03), [3] exempt city property
from the county health department tax. levy (N . S.A. §143".51), [4] allow
ii
I�
s
r
the city to adopt stricter public health standards than the state
or county (M.S.A. 9145.53, subd. 2), [5] mandate that at least 51
percent of the county board of health consist of local govern-
ment officials (M.S.A. §145.913, subd. 3), [6] require city
'�. Council approval before the county can pre- empt,the authority of
4*,,the�'c- ity.,to provide health services (M.S.A. §145.914; subd. 2),
[7 ].,authorize the city to hire health service personnel, acquire prop-
erty, .'-a,ccepf` funds, collect fees, contract for services, and evaluate
the effectiveness and efficiency of community health services
(M.S.A. 9145:'91419 'subds. 3 -7); [8] empower the city to levy a tax
t
for health services (M.S.A., §145.916); [9] provide a health service
i
subsidy for the cityTs: division of public health.(M.S.A. 9145.921); and
t
WHEREAS, the City yC'auncil is' further aware that House File
No. 1 would transfer the authority for,the planning, funding,
and provision of community health.•.'services to the Hennepin County
Board of Commissioners and thereby seriously jeopardize the viability
t
of the City of Bloomington's Division of Public Health;
NOVA', THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
4
OF BLOOMINGTON IN REGULAR MEETING ASSEMBLED, that the City Council
hereby urges that the Minnesota State Legislature reject the passage
of House File No. 1:
BE IT FURTHER RESOLVED, that the City Clerk of the City of
Bloomington is hereby directed-to provide a copy of this resolution
to al7."appropriate legislators.
:o
RESOLUTION j
i
WHEREAS, the following described tract is now a separate parcel:
Lot 5, Block 1, Gleason Third Addition, except.that part of Lot 5 lying
Northerly of the following described line: Commencing at a point on the
Northwesterly line of said Lot 5, said point being 20.0 feet Southwesterly
of and measured from the most Northerly corner of Lot 5; thence Easterly
to a point on the Northeasterly line of Lot 5, said point being 75.0
fee*_ Northwesterly from.the most Easterly corner of Lot 5, and there termi-
nating; and
WHEREAS, the owners of the above tract desire to divide said tract into the
following described new.and separate parcels (herein.called "Parcels "):
Outlot A, Gleason Third Addition, except that portion lying to the West
of the following described line, to wit: Beginning at the Northwesterly
corner of said Outlot A; thence Southerly along the most Westerly line of
-said Outlot A;..which line is .122 feet in length, a distance of 22 feet
to the actual point of beginning; thence Southeasterly to a point on the
Northerly edge of Aspen Road, which point lies 46 feet Easterly of the
..intersection of said Westerly line and Aspen Road, as measured along the
said Northerly edge of Aspen Road, and there terminating, which lies
Southerly; of the following described line and its extensions, to wit:
Beginning at the most.Easterly corner of said Outlot A, thence South-
westerly along the Southeasterly line.of said Outlot A,. a distance of 27
feet to the actual point of beginning; thence Northwesterly along a line
parallel to that line of said Outlot A, which.line is,115.40 feet in length
and runs Northwesterly from.the most Southerly point of said Outlot A, .a
distance of 132 feet, thence Westerly along a line parallel to the Northerly
line of said Outlot A, which line is 134.41 feet in length, to the inter-
section with the Westerly Tine of the above described property, and
there terminating.
And,that part of.Lot 5,.Block 1, .Gleason Third Addition .lying Northerly
of the following described line:. Commencing at a point on the Northwesterly
line of Lot;5, said point being 20.0 feet Southwesterly of and measured
from, the most Northerly corner of Lot .5; thence Easterly to a point on
the Northeasterly. line.of Lot.5, said point being 75.0 feet Northwest-
erly from the most Easterly corner of Lot 5, and there terminating.
All located in Hennepin..County, Minnesota; and
,r
WHEREAS, it has been determined that compliance with the Subdivision and
Zoning Regulations of the City of Edina will create an unnecessary hard
ship 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 Ordinance Nos. 801 and 811;
NOW, THEREFORE, BE -IT 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 Ord.;.;
inance No. 801 and Ordinance No. 811 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,.arid
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.
ADOPTED this
STATE OF MINNESOTA )
COUNTY OF HENNEPIN ) SS
CITY OF EDINA ) CERTIFICATE OF CITY CLERK
I, the undersigned duly appointed and acting City Clerk for the City of
Edina, do hereby certify that the attached and foregoing resolution was
duly adopted by the Edina City Council at its Regular Meeting of March 7,
1977, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said meeting this 17th day of March, 1977.
City Cler
Public Works Phone 935 -3381 320 \Alashirl� ton Av. South, Hopkins, Minnesota 55343
HeNN2PIN COUNTY
Mr. Robert Dunn, Engineer
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Dear Mr. Dunn:
14 February 1977
Re: CSAH No. 18
County Project 7418
Submitted herewith are one set of plans, requested special provisions to be
included in the specifications and a sample copy of a resolution approving
plans and specifications for the above referenced project for which arrange-
ments are being made to call for bids.
This is a Federal Aid project and the specifications and proposal are prepared
by the Minnesota Department of Transportation.
A copy of the proposal will be sent to you when it is available from the
Minnesota Department of Transportation.
We request that a resolution approving plans and specificationslbe passed by
the City Council at the earliest possible date.
We will happy to review the plans and specifications with you at your convenience
if you have any questions concerning them.
Yours very truly,
Herbert 0. K1
Chief Enginee
By t )
6
Don S. Spielrr
Administrativ
DSS:RWE:jd
y�
Minorities, Women and Other Protected Classes are Encouraged to apply
for Employment at Hennepin County