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HomeMy WebLinkAbout2002-06-04 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL J UNE 4, 2002 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, and Mayor Maetzold. CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Council Consent Agenda as presented. Rollcall: Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. BOY SCOUT TROOP WELCOMED Mayor Maetzold welcomed Boy Scout Troop 102 from Our Lady of Grace Church, who were working on their Communications Badge. RESOLUTION NO. 2002-51 CITY EXPO 2002 Mayor Maetzold commended everyone involved in the first City Expo, which all participants would agree, was a huge success. Member Housh introduced the following resolution and moved its approval: RESOLUTION NO. 2002-51 RESOLUTION OF APPRECIATION WHEREAS, the Edina community is undertaking a major effort called "Connecting With Kids" to strengthen families and create a more caring and supportive school and community environment; and WHEREAS, Connecting With Kids focuses on developing a community-wide commitment to surround children and adolescents with the wide range of "assets" crucial for healthy development; and WHEREAS, a small committee of City employees organized "City Expo 2002" on May 30 to connect kids with local government; and WHEREAS, the event brought local government out of its offices and directly to the public with the theme "Building a Stronger Community;" and WHEREAS, approximately 500 residents and visitors had the opportunity to meet Edina's elected officials and learn about City departments, services, programs and facilities; and WHEREAS, the event provided families with an opportunity to explore what is happening in Edina and have fun at the same time with events such as a mock election, lawn mower races with Park Maintenance crews, blueprint coloring with building inspectors and live entertainment and demonstrations; and WHEREAS, AmeriPride Linen and Apparel Services, Apres Party & Tent Rentals, Calhoun Insurance, C1ubKid, Edina Eye Physicians & Surgeons, Lund's, M&I Bank, Pepsi, Quality Seasons, Radio Disney and Tejas Cuisine of the Southwest generously made donations to ensure the success of the event; Page 1 Minutes/Edina City Council/Tune 4,2002 NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council and all Edina residents hereby express their thanks and dedication to the CITY EXPO 2002 PLANNING COMMITTEE made up of Steve Grausam, Susan Heiberg, Tom Jenson, Steve Johnson, Nancy Karkhoff, Liz Lopez, Elliott Marston, Susie Miller, Donna Tilsner, Jason Turner, Jennifer Wilkinson and Solvei Wilmot and all City employees who volunteered at the event for their tireless efforts and sincere dedication in "Connecting With Kids" and planning a wonderful community event. Passed and adopted this 4th day of June 2002. Member Hovland seconded the motion. Ayes: Housh,Hovland, Kelly, Maetzold Motion carried. CITIZEN COMMENDATION BY EDINA POLICE DEPARTMENT Chief Siitari commended Brian Dec with the Edina Police Department Citizen Commendation in appreciation for his actions and heroism on May 10, 2002, in selflessly putting himself in harms way to help a stranger in need. *MINUTES OF THE REGULAR MEETING OF MAY 7,2002, AND SPECIAL MEETING OF MAY 16, 2002, APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Minutes of the Regular Meeting of the Edina City Council for May 7,2002 and for Special Meeting of May 16,2002. Motion carried on rollcall vote-five ayes. VACATION OF UTILITY EASEMENTS APPROVED FOR LOTS 1 AND 2 SOUTHDALE OFFICE PARK SECOND ADDITION Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Engineer Engineer Houle explained the developer of 4015 West 65th Street has requested a vacation of the utility easement on the property. The redevelopment of the site was the impetus for the vacations and the developer would be re-dedicating easements shortly. He reported that Reliant and Quest had approved the requested vacation unconditionally. However, Xcel Energy has requested that the utility vacation on Easement Document Nos. 453941 and 514203 along the southerly property line be maintained. Mr. Houle said that Time Warner Cable did not respond to City inquiries for review. Mr. Houle recommended approval of the requested vacation subject to the developer rededicating easements over existing and proposed sanitary sewer and water systems as well as the Xcel Energy request. No public comment was heard. Member Hovland made a motion closing the public hearing. Member Housh seconded the motion. Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. Page 2 Minutes/Edina City Council/Tune 4,2002 Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2001-46 VACATION OF UTILITY EASEMENTS SOUTHDALE OFFICE PARK SECOND ADDITION WHEREAS, a motion of the City Council, on the 161h day of April,2002,fixed a date for a public hearing on a proposed vacation of utility easements; and WHEREAS,two weeks published and posted notice of said hearing was given and the hearing was held on June 4,2002, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS,the Council deems it to be in the best interest of the City and of the public that said vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television 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 attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described public utility easements are hereby vacated effective as of June 4, 2002 reserving utility right for Excel Energy on Easement Document Nos. 453941 and 514203: 1. That part of the easement for utilities filed as Document No. 453941, which lies within Lots 1 and 2, Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 2. That part of the easement for utilities filed as Document No. 514203, which lies within Lots 1 and 2, Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 3. That part of the easement for sanitary sewer filed as Document No. 586307,which lies within Lot 2,Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. 4. That part of the easement for sanitary sewer filed as Document No. 641867,which lies within Lot 2, Block 2, SOUTHDALE OFFICE PARK SECOND ADDITION. BE IT FURTHER RESOLVED that the vacation of the easements is conditioned upon the proponent rededicating easement over existing and proposed sanitary sewer and water systems. BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Passed and adopted this 4th day of June 2002. Member Kelly seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. Page 3 Minutes/Edina City CouncMune 4,2002 ORDINANCE NO. 2002-03 GRANTED FIRST READING -- HERITAGE PRESERVATION CODE AMENDMENTS Affidavits of Notice were presented, approved and ordered placed on file. Planning Presentation Planner Larsen introduced Robert Vogel, Historical Preservation Consultant, who had been working with the Heritage Preservation Board since the demolition moratorium was established last year. They have been working to develop needed amendments to the City's Heritage Preservation portion of the City Code. Robert Vogel, Historical Preservation Consultant stated that the existing section of Edina's Heritage Preservation Code have not changed since 1975 when they were enacted. He added that no properties have been designated Heritage Preservation District since the mid-1980's and the Board has had a difficult time enforcing Edina's code as its exists because: 1. No terms are identified in the code; 2. No standards exist to guide decisions; 3. Code has a cumbersome registration process; 4. Difficulty in reviewing building permits; 5. Provisions do not exist to provide participation in project developments; and 6. District-wide designations are not addressed. The proposed amendments would rectify the existing code deficiencies by: 1. Defining terms relative to heritage preservation; 2. Outlining duties and responsibilities of the Heritage Preservation Board (HPB); 3. Modifying the existing Heritage Preservation Board by a. Adding members to improve the advisory capacity; b. Ex-officio members from the Edina Planning Commission, Historical Society and a youth member. 4. Establishing orderly process for designating"Historical Landmarks"; 5. Requiring owners of properties designated "Historical Landmarks" to seek approval from the HPB when applying for city permits to demolish or move archeologically sensitive areas; and 6. Requiring a "Certificate of Appropriateness" for building permits for new construction in the Heritage Landmark District to ensure that new buildings do not impair the historic character of preserved properties. Mr. Vogel pointed out that HPB approval would not be required for remodeling work or additions to designated Historical Landmarks. He added that the language used in the proposed amendments was in line with that used by both state and federal governments. He indicated that he believed adopting the proposed amendments would bring the sections into step with the rest of the city's code and provide a more "user friendly" approach to the citizens. Mr. Vogel noted the ultimate goal was to bring desired outcomes through education and voluntary compliance. Page 4 Minutes/Edina City Council/June 4,2002 Member Housh stated he believed that if a Planning Commissioner were to serve on the HPB they should do so as a voting member. He added his concern that the amendments would create a large amount of work in the first year and expressed concern whether staff would be able to manage. Member Hovland expressed his concern that the amendments dealt only with tear downs. Mayor Maetzold stated he believed that all members of the HPB should be voting members and not ex-officio members. Member Housh concurred. Public Comment Laura Nisi, 5201 Blake Road, stated she believed that additions and remodeling projects should be included in the proposed modifications. Member Hovland made a motion closing the public hearing. Member Housh seconded the motion. Ayes: Housh, Hovland, Kelly, Maetzold Motion carried unanimously. Council Discussion/Action Mayor Maetzold asked if increasing the number of the HPB to include those proposed as ex-officio members would be workable. Manager Hughes replied that nine members would be workable. Member Hovland reiterated his concern that alterations were not addressed in the amendments as proposed. He added that he wanted to look at the alteration issue, but did not want to hold up the passage of the proposed amendments. However, he would like to know the process the HPB went through before deciding not to address alterations. The Council briefly discussed whether or not the proposed amendments should also cover remodeling and additions. Consensus was that the definition of alternation should be deleted. Member Kelly made a motion granting first reading to Ordinance No. 2002-3 deleting the proposed definition of "alteration" and making all members of the Heritage Preservation Board voting members. Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. RESOLUTION NO. 2002-50 LOT DIVISION APPROVED FOR LEE VALLEY ROAD AND SHANNON DRIVE Planner Larsen explained the proponent, Dean Carlson/Homes by Michelle was proposing a simple lot division to adjust common lot lines for lots at 7204 Shannon Drive and 5905 Lee Valley Road. The adjustment would transfer some of the Shannon Drive lot to the lot fronting on Lee Valley Road as well as allow more flexibility when siting homes on the lots. Page 5 Minutes/Edina City Council/Tune 4,2002 The Planning Commission recommended approval of the simple lot division to adjust common line for lots at 7204 Shannon Drive and 5905 Lee Valley Road. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-50 APPROVING A LOT DIVISION FOR 7204 SHANNON DRIVE AND 5905 LEE VALLEY ROAD WHEREAS the following described properties are at present two single tracts of land: LOT 2,BLOCK 3,PROSPECT HILL'S 2ND ADDITION AND LOT 4, BLOCK 3, PROSPECT HILL'S 2ND ADDITION, and that part of Lot 6 lying east of a line running from a point on the south line of said Lot 6 distant 93.93 feet west from the southeast corner thereof to a point on the northeasterly line thereof distant 136.20 feet northwesterly from said southeast corner thereof and there terminating, all in Block 3, PROSPECT HILL'S 2ND ADDITION, Hennepin County, Minnesota. WHEREAS, the owner has requested the subdivision of said tracts into separate parcels (herein called "Parcels") described as follows: PARCEL A: That part of Lot 4, Block 3, PROSPECT HILLS 2ND ADDITION, Hennepin County, Minnesota,lying southeasterly of the following described line: Commencing at the southeast corner of Lot 2, of said Block 3,thence on an assumed bearing of North 61 degrees 13 minutes 25 seconds West along the southwesterly line of said Lot 2, a distance of 30.82 feet to the northwesterly line of the southeasterly 30.00 feet of said Lot 2, to the point of beginning of said line to be described; thence South 32 degrees 18 minutes 38 seconds West a distance of 136.65 feet, thence South 15 degrees 21 minutes 44 seconds West a distance of 123.81 feet to the southeast corner of Lot 6,Block 3 and said line there terminating; AND The southeasterly 30.00 feet of said Lot 2, Block 3, PROSPECT HILL'S 2ND ADDITION,Hennepin County, Minnesota. AND PARCEL B: That part of Lot 4, Block 3 AND THAT PART OF Lot 6 lying east of a line running from a point on the south line of said Lot 6 distant 93.93 feet west from the southeast corner thereof to a point on the northeasterly line thereof distant 136.20 feet northwesterly from said southeast corner thereof and there terminating, all in Block 3, PROSPECT HILL'S 2ND ADDITION, Hennepin County, lying northwesterly of the following described line: Commencing at the southeast corner of Lot 2, of said Block 3,thence on an assumed bearing of North 61 degrees 13 minutes 25 seconds West along the southwesterly line of said Lot 2, a distance of 30.82 feet to the northwesterly line of the southeasterly 30.00 feet of said Lot 2, and to the Page 6 Minutes/Edina City Council/f une 4, 2002 point of beginning of the line to be described; thence South 32 degrees 18 minutes 38 seconds West a distance of 136.65 feet; thence South 15 degrees 21 minutes 44 seconds West a distance of 123.81 feet to the southeast corner of Lot 6, Block 3 and said line there terminating. AND Lot 2, Block 3, PROSPECT HILL'S 2ND ADDITION except the southeasterly 30.00 feet thereof. WHEREAS, the requested subdivision is authorized under Code Section 810 and 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 purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Sections 850 and 810 are hereby waived to allow said division and conveyance thereof as separate tracts of land but only to the extent permitted under Code Sections 810 and 850 subject to the limitations set out in Code Section 850 and said Ordinances are now waived for any other purpose or as to any other provisions thereof, and further 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 4th day of June 2002. Member Housh seconded the motion. Ayes: Housh, Hovland, Kelly, Masica Motion carried. SUBDIVISION STANDARDS REVIEWED Mr. Larsen stated that some residents and Council members questioned the size of neighborhoods used to evaluate proposed subdivisions recently. It was felt that using lots within 500 feet could result in lot sizes that were too small. He said that some residents testified using 300 feet would have results in lot sizes more compatible with other nearby lots. Mr. Larsen explained that staff looked at the last several subdivisions including the one during which the issued of neighborhood size was raised to determine the impact of using a 300 foot neighborhood vs. a 500 foot neighborhood. Mr. Larsen reported the following findings: OLINGER RIDGE - 5804 Olinger Boulevard 500 foot neighborhood - 60 lots LOT WIDTH LOT DEPTH LOT AREA 100 feet 140 feet 15,250 square feet 300 foot neighborhood - 34 lots LOT WIDTH LOT DEPTH LOT AREA 100 feet 157.5 feet 16,800 square feet Page 7 Minutes/Edina City Council/Tune 4,2002 DOEPKES ADDITION-5920 West 70th Street 500 foot neighborhood -66 lots LOT WIDTH LOT DEPTH LOT AREA 100.3 feet 126 feet 15,000 square feet 300 foot neighborhood -31 lots LOT WIDTH LOT DEPTH LOT AREA 100 feet 125 feet 17,465 square feet WATERMAN ADDITION- 6525 Waterman Avenue 500 foot neighborhood- 61 lots LOT WIDTH LOT DEPTH LOT AREA 102 feet 145 feet 17,240 square feet 300 foot neighborhood -36 lots LOT WIDTH LOT DEPTH LOT AREA 100 feet 146.5 feet 17,025 square feet BRENDAN GLENN 500 foot neighborhood -40 lots LOT WIDTH LOT DEPTH LOT AREA 115 feet 140 feet 16,771 square feet 300 foot neighborhood-24 lots LOT WIDTH LOT DEPTH LOT AREA 117.5 feet 150 feet 16,988 square feet BLAKE HEIGHTS -304 Griffit Street 500 foot neighborhood- 57 lots LOT WIDTH LOT DEPTH LOT AREA 100 feet 175 feet 14,000 square feet 300 foot neighborhood -27 lots LOT WIDTH LOT DEPTH LOT AREA 100 feet 175 feet 14,300 square feet BROOKSIDE HEIGHTS -5343 Interlachen Boulevard 500 foot neighborhood - 73 lots LOT WIDTH LOT DEPTH LOT AREA 75 feet 136 feet 9,750 square feet 300 foot neighborhood -43 lots LOT WIDTH LOT DEPTH LOT AREA 75 feet 136 feet 9,750 square feet TIMBER RIDGE ESTATES -5905 Lee Valley Road & 7204 Shannon Drive 500 foot neighborhood - 70 lots LOT WIDTH LOT DEPTH LOT AREA 122 feet 174 feet 21,815 square feet 300 foot neighborhood -32 lots LOT WIDTH LOT DEPTH LOT AREA 141 feet 188.5 feet 24,675 square feet Page 8 Minutes/Edina City Council/June 4, 2002 Mr. Larsen noted that in most cases the differences were not significant, however, in the case of the Timber Ridge Estates the difference was noticeable. He stated the proposed subdivision was at the edge of a large lot subdivision and an adjacent neighborhood of g g J g smaller lots. Mr. Larsen stated the subdivision ordinance provided the Council discretion based on subjective criteria contained in the ordinance such as impact on steep slopes, character and symmetry of the neighborhood, and impact on existing vegetation. Member Kelly noted that there had been an amendment earlier that dealt with neighborhoods when a proposed plat would cause the 500-foot neighborhood to cross over either Highway 100 or Highway 62. He suggested looking at the 300-foot neighborhood for Edina's subdivision. Following a brief discussion, Member Hovland made a motion to refer the issue to the Planning Commission for review and recommendation. Mayor Maetzold seconded the motion. Ayes: Housh, Hovland, Kelly, Maetzold. Motion carried. RESOLUTION NO. 2002-47 ADOPTED APPROVING REVISED PARKWOOD KNOLLS OVERALL PLAN AND PRELIMINARY PLAT FOR PARKWOOD KNOLLS 26TH ADDITION Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Mr. Larsen noted that in December 1994, the City Council approved a master development plan for all the remaining vacant land in Parkwood Knolls. The approval plan contained 91 lots and comprised 53 acres. In July 2001, the proponents submitted a revised master plan for the balance of the property. The Planning Commission at their August 2001 meeting recommended the revised plan for approval. The plan was subsequently submitted to the Watershed District for a Wetland review. Several wetlands would have been impacted by the proposed plat. Due to the potential impact on certain protected wetlands the Watershed District denied the proposal. The proponents have now revised the proposed plat to eliminate impact on protected wetland areas. Mr. Larson explained the remaining undeveloped area consisted of 33.5 acres and contained 49 lots in the original master plan. The revised master plan reduces the number of lots to 40. The plan also altered the street layout. Originally, Kelsey Terrace ran north south along the eastern portion of the site, but in the new plan Kelsey angles toward the center of the site and runs southeast to connect to the existing street. Mr. Larsen pointed out the other significant change, which was the removal of the connection between Ridge Trail and Malibu Drive. He said the elimination of eight lots raised the average lot size from 24, 959 square feet to 29,994 square feet. Mr. Larsen reported that the Planning Commission at their May 1, 2002 meeting recommended approval of the Revised Master Plan and the Preliminary Plan for Parkwood Knolls 261h Addition, subject to Watershed District Permits and Army Corps of Engineers Permit. Page 9 Minutes/Edina City Council/Tune 4,200 No public comment was heard. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-47 WHEREAS, in December 1994 the Edina City Council approved a master development plan for all remaining vacant land in Parkwood Knolls containing 91 lots and comprised of 53 acres; and WHEREAS, the Parkwood Knolls Construction have submitted a revised master plan for the balance of the property,illustrating a modified road pattern and a reduction in the number of lots from 49 to 40, and WHEREAS, the Edina Planning Commission recommended approval of the revised master plan and Preliminary Plat Approval for Parkwood Knolls 26th Addition with two conditions. NOW, THEREFORE, BE IT RESOLVED THAT by the City Council of the City of Edina that the Revised Master Development Plan for Parkwood Knolls remaining vacant land is hereby approved as submitted. BE IT FURTHER RESOLVED by the City Council of the City of Edina, that that certain plat entitled "PARKWOOD KNOLLS 26TH ADDITION" platted by Parkwood Knolls Construction and presented at the Regular City Council meeting of June 4, 2002, is hereby granted preliminary plat approval with the following conditions: 1. Approval of the grading plan by Nine Mile Creek Watershed District; and 2. Army Corp of Engineers Permit Passed and adopted this 4th day of June 2002. Member Hovland seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. ORDINANCE NO. 2002-4 APPROVED AMENDING SECTIONS 300 AND 1000 TO PROVIDE SPECIAL PROVISIONS RELATING TO DOGS USED FOR LAW ENFORCEMENT PURPOSES Chief Siitari stated that the Police Department's new canine has graduated and was ready to begin patrol duties. Other departments with established canine units have recommended that certain code amendments be adopted to offer legal protection for the dog and to allow the handler to use the dog for law enforcement purposes without existing City Code provisions. Mr. Siitari explained that Edina Code Section 300 states that any animal that bites a person, other than its owner or member of its owner's immediate family shall be declared a public nuisance and required to be on a ten-foot leash. The proposed amendment would allow the police canine and handler to sue the dog for tracking or apprehension without violating Section 300. Member Kelly made a motion approving Ordinance No. 2002-4 as follows: EDINA ORDINANCE NO. 2002-4 AN ORDINANCE AMENDING SECTIONS 300 AND 1000 TO PROVIDE SPECIAL PROVISIONS RELATING TO DOGS USED Page 10 Minutes/Edina City Council/June 4,2002 FOR LAW ENFORCEMENT PURPOSES THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Section 300 of the City Code is hereby amended by adding a new Subsection 300.20 as follows: "300.20 Exception. Any dog under the control of a public law enforcement agency and used in law enforcement activities shall be exempt from the provisions of this Section 300, provided, however, that such agency shall comply with the requirements of Subsection 300.05." Section 2. Subsection 300.20 is hereby renumbered Subsection 300.21. Section 3. Section 1000 of the City Code is hereby amended by adding a new Subsection 1000.13 as follows: "1000.13 Harassment of Dogs Used for Law Enforcement Purposes. No person shall interfere or meddle with any dog used by a public law enforcement agency or a peace officer handling such a dog in performance of the duties of the agency. No person shall torture, harass, torment, beat, kick, strike, mutilate, injure, disable, kill or harm in any other way any such dog or peace officer." Section 4. This ordinance shall be in full force and effect upon passage. Attest "NA-L ,_J, \\1- k �9 e4 c City Clerk Mayor Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. *BID AWARDED FOR RECONSTRUCTION OF WEST 77TH STREET - CONTRACT 02-1 (ENGINEERING) Motion made by Member Hovland and seconded by Member Housh approving the award of bid for reconstruction of West 77th Street, Improvement No's BA-318, S-068, TS25 and TS26, State Aid Project No's 120-136-14, 120-136-18 and 120-030-04,to recommended low bidder, Midwest Asphalt Corporation at$1,994,734.25. Motion carried on rollcall vote -four ayes. *TRAFFIC SAFETY REPORT OF MAY 1, 2002, APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Traffic Safety Report of May 1, 2002, Section A: 1. Installation of STOP sign for Heritage Drive eastbound at intersection (the dead end segment) along with a center stripe to designate turn lanes for westbound Heritage Drive and northbound Barrie Road through the intersection; 2. Approval of installation of a 'deaf child' sign at the entrance to the 5400 block of Grove with understanding the City will be notified of any change of status involving the deaf child; 3. Approval of request for speed bumps in the alley located between Wooddale and Grimes and north of Sunnyside Avenue; Page 11 Minutes/Edina City Council/iune 4,2002 4. Installation of 'NO PARKING ANYTIME' restriction for the east side of the 7300 block of Xerxes Avenue to include the cul-de-sac; Section B, and Section C. Motion carried on rollcall vote-four ayes. *RESOLUTION NO. 2002-48 - CHANGING LOCATION OF EDINA POLLING LOCATION FOR PRECINCT 2 Member Hovland introduced the following resolution seconded by Member Housh and moved its adoption: RESOLUTION NO. 2002-48 DESIGNATING THE POLLING LOCATION FOR PRECINCT 2, CITY OF EDINA BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the polling place for Precinct 2 in the City of Edina be changed from Edina City Hall, 4801 West 50th Street to Edina Senior Center, 5280 Grandview Square, Edina, Minnesota, effective with the September 10,2002,Primary Election. Motion carried on rollcall vote -four ayes. *RESOLUTION NO. 2002-45 - TECHNICAL CORRECTION TO LEGAL DESCRIPTION FROM COUNCIL MINUTES OF JULY 21, 2001 Member Hovland introduced the following resolution seconded by Member Housh and moved its adoption: RESOLUTION NO. 2002-45 APPROVING LOT DIVISION FOR 6400 TIMBER RIDGE AND 6521 MCCAULEY TRAIL WHEREAS,the following described properties are at present two single tracts of land: Lot 1, Block 1, INDIAN HILLS THIRD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, Except that part thereof which lies southeasterly of a line drawn northeasterly from a point on the southwesterly lot line of said Lot 1, Block 1 distant 30.00 feet northwesterly from the most southerly corner of said Lot 1, Block 1 to a point on the southeasterly lot line of said Lot 1, Block 1 distant 95.50 feet northeasterly from said most southerly corner thereof and said line there terminating AND that part of Lot 1, Block 1, THE TIMBERS, according to the recorded plat thereof, Hennepin County Minnesota, which lies northwesterly of a line drawn in a southwesterly direction from a point on the northeasterly lot line of said Lot 1, Block 1 distant 30.00 feet southeasterly from the most northerly corner of said Lot 1, Block 1 to a point on the northwesterly lot line of said Lot 1, Block 1 distant 110.77 feet southwesterly from said most northerly corner thereof and said line there terminating, AND Lot 1, Block 1, THE TIMBERS, according to the recorded plat thereof, Hennepin County, Minnesota, Except that part thereof which lies northwesterly of a line drawn in a southwesterly direction from a point on the northeasterly lot line of said Lot 1,Block 1 distant 30.00 feet southeasterly from the most northerly corner of said Lot 1, Block 1 to a point on the Page 12 Minutes/Edina City Council/june 4, 2002 northwesterly lot line of said Lot 1, Block 1 distant 110.77 feet southwesterly from said most northerly corner thereof and said line there terminating. AND that part of Lot 1, Block 1, INDIAN HILLS THIRD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, which lies southeasterly of a line drawn northeasterly from a point on the southwesterly lot line of said Lot 1, Block 1 to a point on the southeasterly lot line of said Lot 1, Block 1 distant 30.00 feet northwesterly from the most southerly corner of said Lot 1, Block 1 distant 95.50 feet northeasterly. WHEREAS, the owners have requested the subdivision of said tracts into separate parcels (herein called "Parcels") described as follows: PROPOSED PARCEL "A" DESCRIPTION That part of the following described property: Lot 1, Block 1, INDIAN HILLS 3RD ADDITION, except that part thereof which lies Southeasterly of a line drawn Northeasterly from a point on the Southwesterly lot line of said Lot 1, Block 1, distant 30.00 feet Northwesterly from the most Southerly corner of said Lot 1, Block 1, to a point on the Southeasterly lot line of said Lot 1, Block 1, distant 95.50 feet Northeasterly from said most Southerly corner thereof and said line there terminating. AND That part of Lot 2, Block 1, INDIAN HILLS 3RD ADDITION which lies Southeasterly of a line drawn in a Northeasterly direction from a point on the Southwesterly Lot line of said Lot, distant 20.00 feet Northwesterly from the most Southerly corner of said Lot 2 to the most Easterly corner of said lot and said line there terminating. AND That part of Lot 1, Block 1, THE TIMBERS, which lies Northwesterly of a line drawn in Southwesterly direction from a point on the Northeasterly lot line of said Lot 1, Block 1, distant 30.00 feet Southeasterly from the most Northerly corner of said Lot 1, Block 1 to a point on the Northwesterly lot line of said Lot 1, Block 1 distant 110.77 feet Southwesterly from said most Northerly corner thereof and said line there terminating. Which lies southwesterly of a line described as commencing at said most southerly corner of Lot 1, Block 1, INDIAN HILLS 3RD ADDITION; thence on an assumed bearing of North 42 degrees 33 minutes 27 seconds East, along said southeasterly line of Lot 1, Block 1, INDIAN HILLS 3RD ADDITION, a distance of 95.50 feet to the point of beginning of the line to be described; thence North 83 degrees 20 minutes 12 seconds West a distance of 72.18 feet; thence North 62 degrees 50 minutes 37 seconds West a distance of 50.97 feet to its intersection with said line drawn in a northeasterly direction from a point on the southwesterly line of said Lot 2, Block 1, INDIAN HILLS 3RD ADDITION, distant 20.00 feet northwesterly from the most southerly corner of said Lot 2, Block 1, INDIAN HILLS 3RD ADDITION to the most easterly corner of said Lot 2, Block 1, INDIAN HILLS 3RD ADDITION, all according to the recorded plats thereof, Hennepin County, Minnesota, and said line there terminating. PROPOSED PARCEL "B" DESCRIPTION That part of the following described property: Lot 1, Block 1, INDIAN HILLS 3RD ADDITION, except that part thereof which lies Southeasterly of a line drawn Northeasterly from a point on the Southwesterly lot line of said Lot 1, Block 1, distant 30.00 feet Northwesterly from the most Southerly corner of said Lot 1, Block 1, to a point on the Southeasterly lot line of said Lot 1, Block 1, distant Page 13 Minutes/Edina City Council/Tune 4,2002 95.50 feet Northeasterly from said most Southerly corner thereof and said line there terminating. AND That part of Lot 2, Block 1, INDIAN HILLS 3RD ADDITION which lies Southeasterly of a line drawn in a Northeasterly direction from a point on the Southwesterly Lot line of said Lot, distant 20.00 feet Northwesterly from the most Southerly corner of said Lot 2 to the most Easterly corner of said lot and said line there terminating. AND That part of Lot 1, Block 1, THE TIMBERS,which lies Northwesterly of a line drawn in Southwesterly direction from a point on the Northeasterly lot line of said Lot 1, Block 1, distant 30.00 feet Southeasterly from the most Northerly corner of said Lot 1, Block 1 to a point on the Northwesterly lot line of said Lot 1, Block 1 distant 110.77 feet Southwesterly from said most Northerly corner thereof and said line there terminating. Which lies northeasterly of a line described as commencing at said most southerly corner of Lot 1, Block 1, INDIAN HILLS 3RD ADDITION; thence on an assumed bearing of North 42 degrees 33 minutes 27 seconds East, along said southeasterly line of Lot 1, Block 1, INDIAN HILLS 3RD ADDITION, a distance of 95.50 feet to the point of beginning of the line to be described; thence North 83 degrees 20 minutes 12 seconds West a distance of 72.18 feet; thence North 62 degrees 50 minutes 37 seconds West a distance of 50.97 feet to its intersection with said line drawn in a northeasterly direction from a point on the southwesterly line of said Lot 2, Block 1, INDIAN HILLS 3RD ADDITION, distant 20.00 feet northwesterly from the most southerly corner of said Lot 2, Block 1, INDIAN HILLS 3RD ADDITION to the most easterly corner of said Lot 2, Block 1, INDIAN HILLS 3RD ADDITION, all according to the recorded plats thereof, Hennepin County, Minnesota,and said line there terminating. WHEREAS, the requested subdivision is authorized under Code Section 810 and 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 purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of code Sections 850 and 810 are hereby waived to allow said division and conveyance thereof as separate tracts of land but only to the extent permitted under Code Sections 810 and 850 subject to the limitations set out in Code Section 850 and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further 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 4th day of June 2002. Motion carried on rollcall vote -four ayes. *RESOLUTION NO. 2002-49 APPROVED - AMENDING LOGIS JOINT POWERS AGREEMENT AND BYLAWS Member Hovland introduced the following resolution seconded by Member Housh and moved its adoption: Page 14 Minutes/Edina City Council/Tune 4,2002 RESOLUTION NO. 2002-49 A RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, as follows: Section 1. Background; findings. 1.01. The City of Edina is a party to the joint and cooperative agreement (Agreement) establishing an organization known as Local Government Information System (LOGIS). The Agreement is originally dated May 1, 1972, and has been amended by Amendment No. 1, adopted May 3,1993. 1.02. In 1988, LOGIS established the LOGIS Health Care Group (Plan) to enable members of LOGIS to participate in a program of cooperatively providing group health, life, accident and other insurance and personnel benefits for the officers and employees of the members of the Plan and LOGIS itself. LOGIS has continuously operated and administered the Plan since its inception. 1.03. The Board of Directors of LOGIS has been advised by legal counsel that it is necessary and desirable that the Agreement be amended to clearly authorize the Plan and the participation in the Plan by members of LOGIS. 1.04. There has been presented to this Council a form of Amendment No. 2 to the Agreement (Amendment). The Amendment is on file with the City Clerk, and is attached as Exhibit A. 1.05. It is found and determined that it is in the best interests of the City that the Agreement be amended as proposed in the Amendment. Sec. 2.Approval and Authorization: Ratification. 2.01. The form of the Amendment is approved. 2.02. The City Clerk is authorized and directed to deliver the Amendment in the manner provided for in the Agreement. 2.03. All actions, if any, of the City, the City Council, and the officers and employees of the City in participating in the Plan, are ratified and confirmed. Passed and adopted this 4th day of June 2002. Page 15 Minutes/Edina City Council/Tune 4,2002 EXHIBIT A SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT LOCAL GOVERNMENT INFORMATION SYSTEMS, ORIGINALLY DATED MAY 1,1972, AS AMENDED BY AMENDMENT 1, ADOPTED MAY 3,1993 Section 1. Article 1, General Purpose, of the Joint and Cooperative Agreement, Local Government Information Systems, as amended, (Agreement) is amended to read as follows: 1. GENERAL PURPOSE The general purpose of this agreement is to provide for an organization through which the parties may jointly and cooperatively provide for 1 the establishment, operation and maintenance of data processing facilities and management information systems for the use and benefit of the parties and others and (ii) group health, life, accident, and other insurance and personnel benefits for the officers and employees of the parties and the organization. Section 2. The terms of this amendment are effective as of April 1, 2002. This amendment is effective on the date of its execution and delivery of all of the members of the organization in accordance with the Agreement. Motion carried on rollcall vote -four ayes. PARK BOARD RECOMMENDATION FOR FOX MEADOW PARK MASTER PLAN DEVELOPMENT APPROVED Director Keprios indicated that Fox Meadow Park was located in the northwest corner of Edina. He explained at the December 11, 2001, Park Board meeting, residents from the Fox Meadow Park neighborhood asked the Board to consider developing Fox Meadow Park. Staff suggested hiring an architect to work closely with the residents. Letters of invitation were mailed to residents of the neighborhood inviting them to an April 30,2002, meeting about the proposed plan. Mr. Keprios said some concerns were voiced at the meeting: 1) safety of children crossing Blake Road to the park, 2) privacy, 3) lack of access to Mirror Lakes, and 4) requests to leave the park undeveloped. The plan addressed the committee members' objectives: • Save all natural desirable vegetation • Keep park informal and casual but improve its aesthetics • Create a small gathering place for neighborhood • Provide a small playground structure for 2- 5 year olds • Provide pathway in the park for walking and access to small gathering area • Provide small open grassy area for passive recreational use (fly kites, play catch, etc.) • Provide trash receptacles • Install a park identification sign • Provide landscape screening of existing utilities in park • Leave 50% of park in its existing natural and forested condition Page 16 Minutes/Edina City Council/Tune 4, 2002 Residents at the April neighborhood meeting expressed an interest in coordinating a fund- raising effort to expedite development of the master plan. The Park Board recommended using $100,000 from the developers' fund to accomplish the first phase of development. Currently, the developer's fund balance has a balance of $179,000.00 that comes via new subdivision development. Edina has no undeveloped land, so the Fund will no longer grow for use for future park development. Mr. Keprios introduced Laura Nisi, 5201 Blake Road South, the leader of the Fox Meadow neighborhood group and Mike Damann, 6208 Tingdale Avenue, and Park Board Member and thanked them for their diligence and hard work on this park proposal. Architect Comments Candice Amberg, Brauer and Associates, presented the final master plan for Fox Meadow Park developed after several meetings with residents of the area. She explained the park was small and only about half of the area was developable and that area was located on the western edge of the park. Responding to concerns of residents, the park would support the needs of all age groups. Aspects depicted within the park would include: Exterior loop trail system - 1/4 mile in length; Interior small trail loops; Small playground for ages up to five; Shelter; and Gazebo. Ms. Amberg explained the Phase 1 of the development costing approximately $100,000 would consist of: General site work - earth work/ erosion control/adjustments to utilities; Landscaping - ornamental and natural; Trail system; Seating areas; and Trash receptacles/doggie station Council Comments Member Hovland asked about a pond area on the plan and what materials were planned for the trails. Ms. Amberg explained that the pond was a wet area that would be enhanced with the natural wetland plantings to maintain the privacy buffer to Blake Road. She stated the trail would be paved. Mayor Maetzold asked after Phase I was completed would the park look complete. Ms. Amberg said you might not see any park development because no structures were planned in Phase I. Member Housh asked where parking was located. Ms. Amberg said this was mainly a walk-to-park. Mr. Housh asked for more information on the timing of this request. Director Keprios commented this proposal was not part of the Capital Improvement Plan. Laura Nisi 5201 Blake Road South explained this proposal was the culmination of over r five years of planning and hard work. She added that the neighborhood was committed to raising monies to help develop the park. Member Housh stated he would be in favor of funding a project through to completion rather than building it in stages. He asked whether costs for the park's development could Page 17 Minutes/Edina City Council/iune 4,2002 be specially assessed to surrounding property owners and if any other mini parks exist. Mr. Keprios answered Van Valkenburg Park was the last one. Member Kelly asked how the Developer's Fund had been used in the past. Mr. Hughes answered that the Fund was comprised of payments made in lieu of the dedication of land by a developer at the time of subdivision approval. He explained the monies were used first for the acquisition of more land for the park system. Secondly, they would be used in developing land under City ownership into parks. Mr. Kelly asked what the balance was in the Developer's Fund. Mr. Hughes responded approximately $179,000.00. Mr. Kelly voiced concern whether this proposal was the best use for the $100,000.00. Member Hovland commented an argument could be made about why the neighborhood should suffer with no neighborhood park. Member Kelly asked if selling the property had been considered. He voiced reluctance with taking funds that could be used for parks that serve all citizens of Edina. Mayor Maetzold said he believed development of this park would be in-line with the City's Vision 20/20 in the strengthening of neighborhoods. Mr. Kelly suggested visiting the issue of completing both Fox Meadow Park and Van Valkenburg Park at a later time. He further suggested some creative funding sources should be sought to complete these two remaining mini parks. Member Hovland made a motion approving the Park Board recommendation for the Fox Meadow Park Master Plan as presented, utilizing $100,000.00 from the Developer's Fund to complete Phase I. Member Maetzold seconded the motion. Ayes: Housh, Hovland, Kelly, Maetzold Motion carried. 'URBAN HENNEPIN COUNTY JOINT COOPERATION AGREEMENT FOR YEARS 2003-2005 Member Hovland introduced the following resolution seconded by Member Housh and moved its adoption: RESOLUTION NO. 2002-52 RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF EDINA AND HENENPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2003-2005 WHEREAS, the City of Edina, Minnesota and the County of Hennepin have in effect a Joint Cooperation Agreement for purposes of qualifying as an Urban County under the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Programs; and WHEREAS, the City and County wish to execute a new Joint Cooperation Agreement in order to continue to qualify as a Urban County for purposes of the Community Development Block Grant and HOME Programs. NOW THEREFORE BE IT THEREFORE RESOLVED, that a new Joint Cooperation Agreement between the City and County be executed effective October 1, Page 18 Minutes/Edina City CounciVf une 4,2002 2002, and that the Mayor and the City Manager/Administrator be authorized and directed to sign the Agreement of behalf of the City. Adopted this 4th day of June 2002. Motion carried on rollcall vote -four ayes. POLICY FOR REIMBURSEMENT OF WATER DAMAGE NOT RECOMMENDED Mr. Hughes explained after the water event on January 6, 2002, on Interlachen Boulevard, and the subsequent payment of damages to seven homes in the area, the Council requested staff to develop a policy to address whether the City would provide reimbursements for water damage caused by the City's water and sewer systems in the future. Staff determined in order to create a policy; an actuary would need to be hired to determine the amount of reserve necessary to cover events similar to the January 6, 2002, event. Securing an actuary would be costly and would afford a daunting task for that person. In talking with different insurance professionals, a consistent message came forward - the City should not try to create a policy or program for the purpose of paying homeowners for water damage to their homes, if the City was not responsible for the loss. Insurance professionals counseled that coverage for sewer back-ups might lead to the expectation that coverage would be provided for other weather-related events. Mr. Hughes stated that staff has begun a vigorous program to inform the public that insurance coverage exists for this type of potential loss. Word has been spread through a flyer enclosed within the water bill as well as a consistent reminder on each bill. City publications have spread the information as well. Mr. Hughes stated that based on their staff recommended no policy be developed. Following a brief Council discussion, the Council accepted the report and concurred with staff's recommendation. No Council action was taken. *PETITION RECEIVED REQUESTING WATERMAIN AT 5205 AND 5321 MINNEHAHA BOULEVARD Motion made by Member Hovland and seconded by Member Housh acknowledging receipt of the petition requesting installation of watermain for residences from 5205 through 5321 on Minnehaha Boulevard and submission to the Engineering Department for processing as to feasibility. Motion carried on rollcall vote -four ayes. *PETITION RECEIVED FOR ALLEY PAVING BETWEEN 5332 AND 5328 HALIFAX AVENUE SOUTH Motion made by Member Hovland and seconded by Member Housh acknowledging receipt of petition requesting alley paving between residences at 5332 and 5328 Halifax Avenue South and submission to the Engineering Department for processing as to feasibility. Motion carried on rollcall vote -four ayes. Page 19 Minutes/Edina City Council/Tune 4,2002 *CONFIRMATION OF CLAIMS PAID Member Hovland made a motion and Member Housh seconded the motion approving payment of the following claims as shown in detail on the Check Register dated May 9, 2002, and consisting of 35 pages: General Fund $149,261.17; Communications Fund $14,646.87, Working Capital Fund $24,533.18; Construction Fund $2,492.54, Art Center Fund $6,803.35; Golf Dome Fund $18.33; Aquatic Center Fund $503.45; Golf Course Fund $19,941.25; Ice Arena Fund $3,881.72; Edinborough/Centennial Lakes Fund $2,932.45; Liquor Fund $189,240.82; Utility Fund $26,256.33; Storm Sewer Fund$4,516.96; Recycling Fund$500.00 TOTAL$445,528.42; and for approval of payment of claims dated May 15, 2002, and consisting of 35 pages: General Fund $399,879.91; Communications Fund $7,655.97; Working Capital Fund $104,586.52; Construction Fund $465,846.78; Art Center Fund $1,875.42, Golf Dome Fund $5,344.25; Aquatic Center Fund $2,795.81; Golf Course Fund $79,118.88; Ice Arena Fund $25,994.74; Edinborough/Centennial Lakes Fund $19,222.48; Liquor Fund $95,934.98; Utility Fund $291,965.25; Storm Sewer Fund $1,141.83; Recycling Fund $30,418.60; Payroll Fund $385,000.00; TOTAL $1,916,781.42, and for approval of payment of claims dated May 22, 2002, and consisting of 38 pages: General Fund $191,237.04; CDBG $4,925.00, Communications Fund $6,712.16; Working Capital Fund $7,765.25; Construction Fund $42,981.85; Art Center Fund $13,405.01; Golf Dome Fund $4,601.76; Aquatic Center Fund $7,909.76; Golf Course Fund $26,966.57; Ice Arena Fund $9,508.80; Edinborough/Centennial Lakes Fund $6,833.87, Liquor Fund $264,672.67, Utility Fund $147,180.94; Storm Sewer Fund $1,677.84, TOTAL $736,378.52; and for approval of payment of claims dated May 30, 2002, and consisting of 28 pages: General Fund $132,586.62; Communications Fund $4,723.76; Working Capital Fund $3,739.46, Construction Fund $8,194.77, Art Center Fund $4,642.05; Golf Dome Fund $1,414.20; Aquatic Center Fund $178,886.63; Golf Course Fund $8,713.97; Ice Arena Fund $1,073.35; Edinborough/Centennial Lakes Fund $10,227.27, Liquor Fund $142,985.00, Utility Fund $38,706.69; Storm Sewer Fund$1,079.11;Payroll Fund$350,000.00;TOTAL $886,972.88. Motion carried on rollcall vote -four ayes. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 10:02 P.M. City Clerk Page 20