HomeMy WebLinkAbout2004-06-15 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JUNE 15,2004
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh,Hovland,Masica and Mayor Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh and seconded by
Member Masica approving the Council Consent Agenda as presented with the exception of
Agenda Item I.,Approval of Council Minutes of June 1,2004.
Rollcall:
Ayes:Housh,Hovland,Masica,Maetzold
Motion carried.
MINUTES OF THE REGULAR MEETING OF TUNE 1, 2004, APPROVED Member Hovland
removed the Minutes of the Regular Meeting of June 1, 2004, from the Consent Agenda for a
correction to his comments.
Motion made by Member Hovland and seconded by Member Masica, approving the Minutes of
the Regular Meeting of the Edina City Council for June 1,2004,as corrected.
Ayes:Housh,Hovland,Masica,Maetzold
Motion carried.
RESOLUTION NO. 2004-58 ADOPTED GRANTING FINAL DEVELOPMENT PLAN, MURPHY
AUTOMOTIVE (5354 FRANCE AVENUE) Affidavits of Publication were presented and ordered
placed on file.
Member Hovland explained he has been involved in a venture with Tim Murphy of Murphy
Automotive and spoke with the City Attorney for an opinion on whether he should participate and
vote on this issue. Attorney Gilligan said there would be no conflict of interest with Mr. Hovland's
participation.
Presentation By Planner
Planner Larsen stated the subject property had been developed as a gas station in the 1950's, and then
expanded in the 1960's when it was used as a training facility for a major oil company. He said that
the current facility included four service bays and fueling pumps. Mr. Larsen noted the property was
zoned Planned Commercial District, PCD-4 which allowed gas stations, automobile service centers
and car washes as principal uses. He said the request for redevelopment originally included adding
four service bays, modifying one of the existing bays into interior non-service bay space and
removing the gas sales equipment.
Mr. Larsen explained the Planning Commission heard the proposal for Murphy Automotive on two
occasions. At the first Planning Commission meeting April 28, 2004, the request was denied. After
that meeting the applicant returned with a modified request reducing the number of requested
service bays by one, while still removing the gas sales equipment from the property. In addition, the
site would not house a quick oil change component or a car-washing bay. Mr. Larsen said the revised
proposal addressed many of the concerns expressed at the Planning Commission meeting of April 28,
2004.
Page 1
Minutes/Edina City Council/Tune 15,2004
Mr. Larsen outlined the variances needed if the proposal was approved: 1) Lot area variance of 14,350
feet, 2) a two-foot setback for parking areas; and 3) Parking Variance needed of seven spaces. He
added the proponent has agreed to arrange a lease arrangement to guarantee parking spaces as
"Proof of Parking". Mr. Larsen said the proponent has also agreed to the following conditions:
• Watershed District Permits
• Long term lease of off-site parking
• No Sunday business operations
• No re-establishment of either car wash or fuel service
• Closure of two curb cuts nearest the intersection of 54th and France
• New pad for bus bench setback farther from France Avenue
• Increased parking setback along France Avenue to five feet to allow for a better planting
bed
• Add over story trees to planting bays adjacent to France Avenue and West 54th Street
• Remove and replace landscaping on the west
• Save and trim landscaping on the north side
• No accessory retail sales.
Member Masica asked if the seven space parking variance would still be needed. Mr. Larsen said that
the requirement would be satisfied with a "Proof Of Parking Agreement" lease,which would become
a condition of any approval granted by the Council.
Member Hovland asked why the lot area variance was needed and what was the "hardship". Mr.
Larsen said he believed the ordinance did not anticipate the type of use currently on the site. He
added that reducing the gasoline service from the property greatly reduced traffic and its subsequent
congestion. Mr.'Larsen said the property's hardship was the historic development and the unusual
shape of the lot. He suggested granting the requested variance would maintain a reasonable use of
the property while still serving the neighborhood.
Mayor Maetzold commented he understood that when upgrading older properties the need for a
variance would not be unusual. Mr. Larsen agreed variances happen more frequently with
redevelopment.
Proponent Comment
Tim Murphy, 5354 France Avenue South, thanked the Council for their consideration of his
redevelopment application. Mr. Murphy explained he wanted to update the facility and improve the
look of the properties on the corner, while still continuing his property's use as a service center. He
noted they would be closing some of the curb cuts, removing the gas operation from the site and
improving the landscaping.
Member Masica expressed concern over the number of vehicles parked on the site and asked how
many parking spots were planned for the redeveloped property. Mr. Murphy responded that he has
an agreement with Calvary Church to park vehicles in their parking lot and added that his employees
have been parking in the church lot for years. He said that he believed the redevelopment plan
denoted eighteen parking spaces.
Mayor Maetzold called for public comment. No one appeared.
Member Housh thanked Mr. Murphy for continuing his investment in Edina and attempting to
revitalize the corner. He stated he appreciated the proponent working to get the redevelopment done
well.
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Minutes/Edina City Councioune 15,2004
Mayor Maetzold and Member Hovland agreed with Member Housh's comments.
Member Masica expressed her hope that the redevelopment will be an upgrade adding she believed it
would be well done,but she was slightly concerned about the property if it were sold.
Member Hovland asked if there was going to be a long-term lease covering the parking of Murphy
Automotive vehicles at Calvary Church. Mr. Larsen said staff would be drafting a proof of parking
agreement to cover the City's interest.
Member Hovland made a motion closing the public hearing, seconded by Member Masica.
Ayes: Housh, Hovland,Masica,Maetzold
Motion carried.
Member Housh introduced the following resolution and moved its adoption:
RESOLUTION NO. 2004-58
GRANTING FINAL DEVELOPMENT PLAN
TO MURPHY AUTOMOTIVE, INC.
5354 FRANCE AVENUE SOUTH
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final
Development plan dated May 19, 2004, for Murphy Automotive, Inc. on 5354 France Avenue
presented at the regular meeting of the City Council on June 15 2004, be and is hereby approved
subject to the following conditions:
1. Watershed District Permits
2. Long term lease of off-site parking
3. No Sunday business operations
4. No re-establishment of either car wash or fuel service
5. Closure of two curb cuts nearest the intersection of 54th and France
6. New pad for bus bench setback farther from France Avenue
7. Increased parking setback along France Avenue to five feet to allow for a better
planting bed
8. Add over story trees to planting bays adjacent to France Avenue and West 54th Street
9. Remove and replace landscaping on the west
10. Save and trim landscaping on the north side
11. No accessory retail sales.
Adopted this 15th day of June 2004.
Member Hovland seconded the motion.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
RESOLUTION NO. 2004-56 ADOPTED - AUTHORIZING STUDY OF APPLICABLE PLANS
AND ORDINANCES RELATIVE TO PLATTING AND FIRST READING GRANTED TO
ORDINANCE NO. 2004-09 - IMPOSING A MORATORIUM ON SUBDIVISION OF SINGLE
FAMILY DWELLING LOTS IN R-1 ZONING DISTRICTS Manager Hughes suggested that both
the proposed study of applicable plans and ordinance relative to platting and the proposed
moratorium ordinance be reviewed jointly. However, he pointed out the Council must take separate
action on the items.
Mayor Maetzold stated that while procedurally this was not a public hearing, the Council intended to
allow public comments.
Page 3
Minutes/Edina City CounciVIune 15,2004
Member Hovland asked what amount of staff time would be directed to a potential study if the
Council were to adopt a resolution authorizing a study. Mr. Hughes answered that if the Council
chose to adopt the resolution the staff would develop a work plan and explore whether or not a
consultant would be needed.
Member Housh requested that there be two votes taken, one for the study and another for the
proposed moratorium ordinance. Council concurred.
Public Comment
Kathleen Olmsted, 5117 Blossom Court, stated she was representing both her neighbor Irene Kelm
and herself. Ms. Olmsted said they both intended to sell their homes within the next couple of years.
Ms. Olmsted said both properties were over an acre in size and that as widows they were counting on
being able to divide their property for future income.
Member Housh noted receipt of a letter from Dr. Carole J. Kyllo, 5201 Schaefer Road opposing a
moratorium on subdivisions.
Sharon Prevot, 6728 Indian Hills Road, offered to serve as a volunteer on any task force formed to
study the platting requirements and regulations.
Salvador Mendoza, 5117 Ridge Road, stated he was in the process of subdividing his property. He
noted he had already received preliminary and final approval and asked whether the proposed
moratorium would affect him. Attorney Gilligan explained that Mr. Mendoza s plat would not be
affected because it had already been approved.
Bob Brockway, 6927 Valley View Road, asked what issues have caused this proposed moratorium to
be considered. He asked if after a study and moratorium would standards be tightened or increased.
Mr. Hughes noted that in connection with a request for preliminary plat,concern had been expressed
over character and standards of the surrounding neighborhood. Mr. Hughes added it would be
difficult to predict outcomes before a study commenced.
Bob Engstrom,5968 Grass Lake Terrace,Minneapolis, stated it seemed to him the City should be able
to resolve this issue without a moratorium. He offered to serve on a group reviewing the issue. Mr.
Engstrom said that Edina had the assets and leadership to look at the standards. He questioned
whether or not there was a real need for a moratorium.
Gerald Mazzara, 5201 Duncraig Road, said he was representing his son and agreed with Mr.
Engstrom that there was no need for a moratorium. Mr. Mazzara said that everyone needed to
remember that making lots larger does not make good design and reminded that this was the city,not
the suburbs. He noted that many homes have reached the end of their life cycle and was ready to be
torn down and replaced.
Addie Fitzimmons, 5025 Yvonne Terrace, stated she did not live in an area of large lots, but she said
she hated to see what has been built up be ruined. She expressed concern over the large number of
teardowns and lot splits and urged the Council to adopt the proposed moratorium.
Deborah Pogoff, 6512 Belmore Lane, stated she supported the enactment of the moratorium and
updating of subdivision standards.
Member Hovland said he supported ordering a study of platting standards and regulations and
suggested the need to move as expeditiously as possible to complete the review.
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Minutes/Edina City Councioune 15,2004
Member Housh stated he agreed with the speakers who support looking at the standards and
reviewing platting requirements,but he opposed any type of moratorium.
Member Masica said she had wrestled with the issue for some time. She noted the Planning
Commission has asked for direction. She pointed out one of Edina's assets were its large estate lots in
addition to the large variety of housing types available. Member Masica expressed concern that each
time a large lot was subdivided that depleted the pool of estate type lots. She added she felt it
important to review standards in time to shape future policy.
Mayor Maetzold agreed it was timely to stop and review standards adding he also supported a
moratorium while the study took place.
Member Housh pointed out that individual property owners also have rights, including the right to
request a subdivision of their property. He added that many property owners have land that could
be subdivided without requiring any type of variance. Member Housh pointed out that a hundred
years ago most of Edina was farmland stating that not all change was bad. He reiterated his support
of a study,but urged the Council to not impose any moratorium at this time.
Member Hovland added it was a difficult decision to impose a moratorium, but it was a balancing of
property rights and overall public interest. He added his hope the study was concluded as quickly as
possible.
Member Masica introduced the following resolution authorizing studies of plat and replatting the
subdivision of lots on property in the City of Edina and moved its adoption:
RESOLUTION NO. 2004-56
RESOLUTION AUTHORIZING STUDIES ON THE PLATTING,
REPLATTING OR SUBDIVISION OF LOTS AND OTHER PROPERTY
WITHIN THE CITY OF EDINA
WHEREAS,the City of Edina is essentially fully developed;and
WHEREAS, Edina is a city of many and varied residential housing units and
neighborhoods which are enhanced by their variety, quality and significance, and in order to
provide continuity and a high quality of life for the residents of Edina as set out in Edina's Vision
20/20,it is desirable to adopt this resolution;and
WHEREAS, lots in the City are valuable and new lots will be developed in the City mainly
by subdividing existing lots;and
WHEREAS, the City Council believes that the ordinances and Comprehensive Plan of the
City are adequate to guide future subdivisions of existing lots without detriment to the City or its
citizens,but nevertheless, it is recognized that planning is an ongoing process and it is desirable to
continually review the plans and ordinances of the City to determine if any changes or
amendments should be made to the procedures and criteria for approving subdivisions in the City,
especially as they relate to existing single family lots;
NOW, THEREFORE, BE IT RESOLVED, that the City staff is hereby directed to conduct
studies of the applicable plans and ordinances of the City, and to give information to and make
recommendations to the City Council relative to the need, if any, for changing or clarifying the
procedures and criteria for approving plats, replats, subdivisions or divisions of lots or other
property in the City, and especially within the Single Dwelling Unit District (R-1) of the City as
designated by Section 850 of the City Code.
Passed and adopted this 15th day of June 2004.
Rollcall:
Ayes: Housh, Hovland, Masica, Maetzold
Page 5
Minutes/Edina City Councioune 15,2004
Motion carried.
Member Masica made a motion to grant First Reading to Ordinance No.2004-09 imposing a
moratorium on subdivision of single family dwelling lots in R-1 Zoning Districts in Edina.
Member Hovland seconded the motion.
Rollcall:
Ayes: Hovland,Masica,Maetzold
Nays: Housh
Motion carried.
RESOLUTION NO. 2004-60 ADOPTED GRANTING FINAL PLAT APPROVAL TO BLAKE
HEIGHTS SUBDIVISION Mr. Larsen explained that the preliminary plat had been granted for the
Blake Heights Subdivision November 5, 2003. He said that the Developer's Agreement had been
signed and the proper security had been posted, adding that Dave Allen was now the developer of
the property. Mr. Larsen stated that with the new plat the developer was rededicating the required
easements,therefore the condition of the previously approved vacation was satisfied. He pointed out
that Mrs. Lundholm s Spruce Street easement vacation still had a condition of dedication of the
westerly portion of the easement for the cul-de-sac waiting for satisfaction.
Member Masica asked if the taxes on the property were current. Mr. Larsen explained it would not be
possible for a developer to record a plat if there were delinquent taxes on a property.
Public Comment
Marlys Fiterman, 308 Arthur Street, stated she would be impacted by the subdivision. Ms. Fiterman
said that previously they had be told that the five new lots would have homes constructed valued at
between $300,000 and $500,000. Now she said a potential lot purchaser has stated they intend to
build a home valued at much more than$500,000. Ms. Fiterman urged the Council to come and look
at the neighborhood before granting final approval. She said that the developer had changed again
and now the homes were going to be around$1.5 million. Ms. Fiterman asked that the Council ensure
that all the necessary watershed district permits were granted. Mayor Maetzold explained that the
real decision point in a subdivision was at the time of preliminary plat, which had already been
granted. Further he pointed out the developer had satisfied all the conditions of the preliminary
approval. Engineer Houle explained that once the developer received his Final Plat approval, he
could then obtain the watershed district permits needed to begin the project from Nine Mile Creek
Watershed District.
Karen Lundholm,309 Arthur Street, stated she was representing her mother Dorothy. Ms. Lundholm
said the issue of character and symmetry of the neighborhood was still an issue. She said that Mr.
Lind had planned smaller homes, but the new developer has not been in contact with anyone from
the neighborhood. She added she knew the taxes were delinquent and urged the Council to not grant
the final plat. Mr. Hughes explained it was a matter of law that taxes must be current before a plat
can be recorded at Hennepin County.
Ms. Fiterman asked if the second developer needed to abide with what the previous developer had
specified would be the homes built. She asked how the final plat could be approved when Dorothy
Lundholm had not been contacted about the cul-de-sac.
Mayor Maetzold explained that plat approval does not specify home values. Mr. Houle explained
that Ms. Lundholm s vacation had been conditioned upon granting the cul-de-sac easement, but the
Blake Heights Plat had not been part of the Lundholm easement vacation condition.
Page 6
Minutes/Edina City Council/iune 15,2004
Member Hovland asked staff to comment upon lot size relative to home value. Mr. Larsen explained
that the zoning ordinance has lot setback and coverage requirements. Builders must comply with
those setbacks and that may result in significantly larger homes on the new lots than those in
existence.
Ms. Fiterman asked again about the Lundholm's granting an easement for the cul-de-sac. Mr.
Gilligan reminded that the Lundholm s vacation had been conditioned upon granting the easement
for the cul-de-sac. If they do not grant the cul-de-sac easement,then the City will not vacate Spruce.
Dave Allen, Proponent, stated he bought the property and intended to make it a good development
that would compliment the neighborhood. He stated he had done a number of developments in
Golden Valley and Minneapolis and felt his work spoke for him. Mr. Allen said he was only
interested in improving the quality of the neighborhood and invited all those concerned to come look
at his developments. He said his goal was to blend the new architecture with the existing
neighborhood,which he felt he had accomplished in other communities.
Following a brief discussion,Member Housh made a motion introducing the following resolution
and moving its adoption:
RESOLUTION NO. 2004-60
APPROVING BLAKE HEIGHTS
FINAL PLAT
BE IT RESOLVED by the City Council of the City of Edina,Minnesota,that that certain plat
entitled, "BLAKE HEIGHTS" platted by T/C Buildings,Inc. and presented a the regular meeting of
the Edina City Council on June 15, 2004, be and is hereby granted final plat approval conditioned
upon a subdivision dedication of$4,800.00.
Passed and adopted this 15th day of June,2004.
Member Hovland seconded the motion.
Rollcall:
Ayes: Housh,Hovland,Masica,Maetzold
Motion carried.
*BID AWARDED - ENTERPRISE SOFTWARE AGREEMENT - SOFTWARE HOUSE
INTERNATIONAL Motion made by Member Housh and seconded by Member Masica approving
the award of bid for software agreement upgrades to sole bidder, Software House International at
$38,072.00.
Motion carried on rollcall vote-four ayes.
AWARD OF BID - GENERAL LIABILITY INSURANCE Mr. Hughes explained the General
Liability insurance quote was for the following coverage's: Equipment, General Liability, Liquor
Liability, Pollution Liability, Employee Benefit Liability, Law Enforcement Liability, Public Officials
Liability, Employee Practices Liability, Auto Liability and Auto Physical Damage. Premiums of the
individual coverage's fluctuate normally and the overall increase for 2004-05 would be 10%.
Member Housh inquired whether obtaining quotes for some liability coverage was difficult with such
a limited market. Bill Homeyer, agent representing St. Paul Travelers Insurance, commented that the
League of Minnesota Cities and one other company are the only carriers of some of the coverage's.
Mr. Housh asked if the 10% increase was unusual. Mr. Homeyer said half of the increase was
considered an 'exposure increase' and the other half was rate.
Page 7
Minutes/Edina City Council/Tune 15,2004
Member Hovland made a motion approving the City of Edina's General Liability Insurance for
2004 - 2005, to recommended sole bidder, St. Paul Travelers at $484,416.00. Member Housh
seconded the motion.
Ayes: Housh, Hovland,Masica,Maetzold
Motion carried.
AWARD OF BID -WORKER'S COMPENSATION INSURANCE Mr. Hughes explained the quote
for Worker's Compensation Insurance written through the League of Minnesota Cities Insurance
Trust,represents a 17.7% increase in premium.
Member Housh asked if claims were paid on the first dollar. Mr. Homeyer noted that while the
increase was significant, it was based on the exposure to payroll. Mr. Housh asked if a loss-sensitive
approach had been considered for worker's compensation. Mr. Homeyer commented that approach
was suggested within the quotation process.
Mr. Housh asked how the budget process works to accommodate payment of the renewals. Mr.
Hughes said an expected amount was budgeted and a reserve has been created within the General
Fund to accommodate these premium fluctuations.
Member Housh made a motion approving the City of Edina's Worker's Compensation Insurance
for 2004 - 2005, to recommended sole bidder, the League of Minnesota Cities Insurance Trust, at
$381,674.00.Member Hovland seconded the motion.
Ayes: Housh, Hovland,Masica,Maetzold
Motion carried.
AWARD OF BID - PROPERTY INSURANCE Mr. Hughes introduced Jack Carroll the Agent of
Record for the City's Property Insurance written through the Travelers Insurance Company.
Member Masica inquired what was the reason for the premium increase. Mr. Hughes noted that
everything attributable to the training center could be excluded from the renewal premium. The
premium on the training center for the City of Edina s portion would be 20% or approximately $3,000
to$5,000.
Member Housh inquired if the composition of the properties had anything to do with why some
carriers would not quote the insurance. Mr. Carroll responded that every risk was looked at
differently and some constructions seem to be problematic.
Member Masica made a motion approving the City of Edina's Property Insurance for 2004-2005,to
recommended sole bidder, the Travelers Insurance Company, at $114,501.00. Member Hovland
seconded the motion.
Ayes:Housh, Hovland,Masica,Maetzold
Motion carried.
TRAFFIC SAFETY STAFF REVIEW OF TUNE 8, 2004, APPROVED Member Hovland made a
motion approving Section A of the Traffic Safety Staff Review of June 8, 2004. Member Masica
seconded the motion.
Ayes: Housh, Hovland,Masica,Maetzold
Motion carried.
Section B. 1
Page 8
Minutes/Edina City Council/Tune 15,2004
Traffic Safety Coordinator Bongaarts explained at the June 8, 2004, Traffic Safety meeting, staff
recommended denial of the request for lack of warrants for the requested STOP signs on Maple Road
at West 49th Street. Three traffic surveys were performed in May 2004. Mr. Bongaarts reiterated that
STOP signs are used to assign right-of-way at an intersection and are installed where an accident
problem was identified, where un-removable visibility restrictions exist and/or where volumes are
high enough that the normal right-of-way rule was unduly hazardous. He added that STOP signs are
NOT recommended for use as speed control devices.
Mark Weber, 4912 Maple Road, said he is the spokesperson for the 33 of 38 residents of Maple Road
who were in favor of installation of the STOP sign on Maple Road and 49th Street. He voiced concern
for pedestrian safety from cut-through traffic. He added that sidewalks were installed in the area
approximately four years ago but have not alleviated any traffic concerns.
Mayor Maetzold stated that the fact was that STOP signs increase speeds. He added that in his
neighborhood it was not abnormal for people to ignore STOP signs. The City recently hired a third
traffic officer to help with warning residents about not obeying STOP signs.
Member Masica asked why speed bumps would not be recommended. Mr. Bongaarts said the
decision of whether to install speed bumps would be up to the Traffic Task Force. The main problem
with speed bumps was the noise.factor. Engineer Houle recommended the Council deny the request
and allow the Task Force to examine the issue further.
Member Housh noted the best thing a neighborhood can do to protect their children was to install
sidewalks. Mr. Bongaarts said the Council must make the decision and staff can only share the facts of
their examination of the request.
Chief Siitari stated the City has three full-time traffic officers. With the installation of more STOP
signs, there would be a diminishing return from enforcement and what happens was concern with
resource allocation.
Carl Golbronson, 5 Cooper Avenue, stated that Cooper Avenue has cut-through traffic as well. He
questioned whether NO LEFT TURN signs have been considered for a stated period of time of day.
Mr. Maetzold said that has been considered and only creates a problem in another location.
Member Hovland said this was not a new issue and the reason sidewalks were installed on Maple. He
suggested the new Transportation Commission take the Maple Road issue on as one of their first
concerns regarding traffic calming. He said he would be in favor of temporary STOP signs on a trial
basis.
Mr. Houle added the Transportation Commission was looking at a draft policy plan that would take
requests from the neighborhoods and rank them.
Ms. Masica said she believes these four things create a reason for STOP sign installation: 1) the
number of requestors on the petition, 2) close proximity to a commercial district, 3) number of
children in the area, and 4) cut-through traffic. She would support installation of STOP signs in the
neighborhood.
A letter was submitted from Allison Thiel, 4836 Maple Road, voicing concern if installation of STOP
signs was approved since it would be located in the middle of their front lawn and not allow parking
in front of their home.
Page 9
Minutes/Edina City Council/lune 15,2004
Following a Council discussion, Member Hovland made a motion approving installation of STOP
signs at Maple Road at West 49th Street and reversing the staff denial of the request under Traffic
Safety Staff Review Section B.1.Member Masica seconded the motion.
Ayes:Hovland,Masica,Maetzold
Nays: Housh
Motion carried.
Section B.2
Mr. Bongaarts explained a request for STOP signs on Woodland Road West at St. Johns Avenue and
Fairfax Avenue was received. The requestor felt signs were needed to control speed and volume of
traffic at Woodland Road West to protect pedestrians and children.
John Ellefson, 4524 West Woodland Road, stated he believed that more accidents have happened in
that intersection than have been reported and there was an inordinate amount of drag racing
occurring on the street. Mr. Ellefson said of the 22 residents living on Woodland, 20 signed the
petition requesting the STOP signs. He presented copies of the petition. Mr. Ellefson added that this
was the only unregulated street from Concord to Wooddale and installing a four-way STOP would be
important. Mr. Bongaarts added at present there were two YIELD signs, which would have to be
removed if four-way STOP signs were approved.
Ms. Masica said after visiting the subject area and observing people walking in the street, sidewalks
are a necessity. She said she does not believe that a four way STOP was necessary but a two way
STOP on the east and west side of Woodland would be all right.
Mr. Housh noted this was a street that was used regularly to reach the Community Center.
Anita Macias-Howard, 4601 Woodland Road, said many children walk to the Community Center
from other neighborhoods in the area, and especially during the fall with high school
football/basketball games. She added she would love to have a sidewalk on her property.
Mr. Houle explained the sidewalk financing policy near schools as 25% School District responsibility,
25% City responsibility and 50% assessed to the benefiting property owners.
Meg Ellefson, 4524 West Woodland Road, said a four-way STOP was specifically requested and she
encouraged approval of the request.
Reno Backus, 5633 St. John's Avenue, informed the Council that traffic has increased enormously in
the area.
Mr. Maetzold commented he would be in favor of installing four-way STOP signs. Mr. Hovland
concurred.
Mr. Housh added if residents wanted STOP signs installed to reduce speeds, historically, this does
not work. He would be more in favor of sidewalk installation.
Kim McCormick, 4608 West Woodland, said she believed that traffic would slow down with
installation of the requested 4-way STOP.
Mr. Bongaarts voiced concern with a STOP sign on St. John's because of the light traffic volume. He
suggested trying the two-way STOP. Member Masica concurred.
Page 10
Minutes/Edina City Council/Tune 15,20M
Member Hovland made a motion for installation of two-way STOP signs on Woodland Road at St.
Johns Road and Fairfax Avenue reversing the denial of the staff's recommendation under Traffic
Safety Staff Review, Section B 2.Member Masica seconded the motion.
Ayes:Hovland,Masica, Maetzold
Nays: Housh
Motion carried.
Member Housh made a motion approving Section B. 3,4,5 and 6 and Section C of the June 8,2004,
Traffic Safety Staff Review. Member Hovland seconded the motion.
Ayes:Housh,Hovland,Masica, Maetzold
Motion carried.
REAPPOINTMENTS MADE TO COMMUNITY EDUCATION SERVICES BOARD Mayor
Maetzold indicated his intention of reappointing Linda Masica, Linda Presthus and Beth Brand to the
Community Education Services Board for a term to June 30,2005.
Member Housh made a motion approving the reappointment to the Community Education
Services Board of Linda Masica - Council Representative, Linda Presthus - Park Board
Representative, and Beth Brand - City of Edina's at large representative. Member Hovland
seconded the motion.
Ayes: Housh,Hovland,Masica,Maetzold
Motion carried.
*RESOLUTION NO. 2004-53 - CALLING FOR PUBLIC HEARING ON TULY 6, 2004, FOR
CONSIDERATION OF VACATING DRAINAGE AND UTILITY EASEMENT- LOT 1, BLOCK 1,
RICHMOND HILLS SECOND ADDITION Motion made by Member Housh and seconded by
Member Masica introducing the following resolution and moving its adoption:
RESOLUTION NO.2004-53
CALLING FOR PUBLIC HEARING ON VACATION
UTILITIES EASEMENTS
5400 EDENMOOR STREET
BE IT RESOLVED by the City Council of the City of Edina as follows:
1. It is hereby found and determined that the following described property should be considered
for vacation in accordance with the provisions of Minnesota Statutes, Section 160.29 and
462.348, Subd.7:
2. This Council shall meet at 7:00 P.M. on the 6th day of July 2004, for the purpose of holding a
public hearing on whether such vacation shall be made in the interest of the public.
3. The City Clerk is authorized and directed to cause notice of said hearing to be published once a
week for two weeks in the Edina Sun-Current, the official newspaper of the City, to post such
notice,in at least three public and conspicuous places, as provided in Minnesota Statutes. Such
notice shall be in substantially the following form:
CITY OF EDINA
4801 WEST 50TH STREET
EDINA,MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
VACATION OF UTILITY
AND DRAINAGE EASEMENTS
IN THE CITY OF EDINA
HENNEPIN COUNTY MINNESOTA
Page 11
Minutes/Edina City Council/Tune 15,2004
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on
July 6, 2004, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for public utility and
drainage easements to be vacated:
LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED
The north 10.00 feet of Lot 1,Block 1,RICHMOND HILLS 2ND ADDITION,according to the
recorded plat thereof, Hennepin County, Minnesota,which lies east of the west 10.00 feet of
said Lot 1,and which lies west of the east 10.00 feet of said Lot 1.
All persons who desire to be heard with respect to the question of whether or not the above
proposed street right of way and utility and drainage vacation is in the public interest and should
be made shall be heard at said time and place.The Council shall consider the extent to which such
proposed street vacation affects existing easements within the area of the proposed vacation and
the extent to which the vacation affects the authority of any person, corporation, or municipality
owning or controlling electric,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, for the purpose of specifying, in any such
vacation resolution, the extent to which any or all of such easement, and such authority to
maintain,and to enter upon the area of the proposed vacation,shall continue.
Motion carried on rollcall vote-four ayes.
*RESOLUTION NO. 2004-54 - CALLING FOR PUBLIC HEARING ON TULY 6 2004, FOR
CONSIDERATION OF VACATING A PORTION OF ROADWAY RIGHT-OF-WAY EASEMENT
FOR WHITE OAKS DRIVE Motion made by Member Hovland and seconded by Member Masica
introducing the following resolution and moving its adoption:
RESOLUTION NO.2004-54
CALLING FOR PUBLIC HEARING ON VACATION
OF PUBLIC RIGHT-OF-WAY FOR A PORTION
OF WHITE OAKS DRIVE
BE IT RESOLVED by the City Council of the City of Edina as follows:
1. It is hereby found and determined that the following described property should be considered
for vacation in accordance with the provisions of Minnesota Statutes, Section 160.29 and
462.348,Subd.7:
2. This Council shall meet at 7:00 P.M. on the 6th day of July 2004, for the purpose of holding a
public hearing on whether such vacation shall be made in the interest of the public.
3. The City Clerk is authorized and directed to cause notice of said hearing to be published once a
week for two weeks in the Edina Sun-Current, the official newspaper of the City, to post such
notice, in at least three public and conspicuous places, as provided in Minnesota Statutes. Such
notice shall be in substantially the following form:
(Official Publication)
CITY OF EDINA
4801 WEST 50TH STREET
EDINA,MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
VACATION OF ROADWAY RIGHT OF WAY
PORTION OF WHITE OAKS ROAD
Page 12
Minutes/Edina City Council/June 15,2004
IN THE CITY OF EDINA
HENNEPIN COUNTY MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on
July 6, 2004, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a portion of White
Oaks Road roadway right-of-way easements to be vacated:
PROPOSED LEGAL DESCRIPTION OF PORTION OF WHITE OAKS ROAD TO BE
VACATED:
That part of White Oaks Road, dedicated in the plat of WHITE OAKS 4TH ADDITION,
Hennepin County, Minnesota,which lies southerly of a line from the northeast corner of Lot
3 in said WHITE OAKS 4TH ADDITION, o a point of compound curvature on the north line
of Lot 12 in said WHITE OAKS 4TH ADDITION.
All persons who desire to be heard with respect to the question of whether or not the above
proposed street right of way and utility and drainage vacation is in the public interest and should
be made shall be heard at said time and place.The Council shall consider the extent to which such
proposed street vacation affects existing easements within the area of the proposed vacation and
the extent to which the vacation affects the authority of any person, corporation, or municipality
owning or controlling electric,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, for the purpose of specifying, in any such
vacation resolution, the extent to which any or all of such easement, and such authority to
maintain,and to enter upon the area of the proposed vacation,shall continue.
BY ORDER OF THE EDINA CITY COUNCIL
Debra A. Mangen, City Clerk
Dated: June 10,2004
Passed and adopted this 15th day of June 2004.
Motion carried on rollcall vote-four ayes.
*RESOLUTION NO 2004-55 - CALLING FOR PUBLIC HEARING ON JULY 6, 2004, FOR
CONSIDERATION OF VACATING DRAINAGE AND UTILITY EASEMENT FOR 5609 GROVE
STREET Motion made by Member Housh and seconded by Member Masica introducing the
following resolution and moving its adoption:
RESOLUTION NO. 2004-55
CALLING FOR PUBLIC HEARING ON VACATION
UTILITIES EASEMENTS
5609 GROVE STREET
BE IT RESOLVED by the City Council of the City of Edina as follows:
1. It is hereby found and determined that the following described property should be
considered for vacation in accordance with the provisions of Minnesota Statutes, Section
160.29 and 462.348, Subd. 7:
2. This Council shall meet at 7:00 P.M. on the 6th day of July 2004,for the purpose of holding a
public hearing on whether such vacation shall be made in the interest of the public.
3. The City Clerk is authorized and directed to cause notice of said hearing to be published
once a week for two weeks in the Edina Sun-Current,the official newspaper of the City,to
post such notice, in at least three public and conspicuous places, as provided in Minnesota
Statutes. Such notice shall be in substantially the following form:
(Official Publication)
CITY OF EDINA
4801 WEST 50TH STREET
Page 13
Minutes/Edina City Council/lune 15,2004
EDINA,MINNESOTA 55424
NOTICE OF PUBLIC HEARING ON
VACATION OF UTILITY
AND DRAINAGE EASEMENTS
IN THE CITY OF EDINA
HENNEPIN COUNTY MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on
July 6, 2004, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for public utility and
drainage easements to be vacated:
LEGAL DESCRIPTION OF DRAINAGE AND UTILITY EASEMENTS TO BE VACATED:
That part of Lot 4, Block 1, Lyle Addition, Hennepin County, Minnesota described as
follows: Commencing at the intersection of the North line of said Lot 4 and a line drawn 10
feet West of and parallel with the East line of said Lot 4;thence Southerly along said parallel
line a distance of 65.00 feet to the point of beginning of the parcel to be described; thence
Easterly left deflecting 90 degrees 00 minutes 00 seconds a distance of 6.00 feet; thence
Southerly parallel with said East line of Lot 4 a distance of 26.00 feet, thence Westerly
deflecting to right 90 degrees 00 minutes 00 seconds a distance of 6.00 feet to said line drawn
10 feet West of and parallel with the East line of said Lot 4; thence Northerly along said
parallel line a distance of 26.00 feet to the point of beginning.
All persons who desire to be heard with respect to the question of whether or not the above
proposed street right of way and utility and drainage vacation is in the public interest and should
be made shall be heard at said time and place.The Council shall consider the extent to which such
proposed street vacation affects existing easements within the area of the proposed vacation and
the extent to which the vacation affects the authority of any person, corporation, or municipality
owning or controlling electric,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, for the purpose of specifying, in any such
vacation resolution, the extent to which any or all of such easement, and such authority to
maintain,and to enter upon the area of the proposed vacation,shall continue.
Passed and adopted this 15th day of June 2004.
Motion carried on rollcall vote-four ayes.
*CHANGE ORDER- CITY HALL DEMOLITION Motion made by Member Housh and seconded
by Member Masica approving the change order for removal of surrounding pavement for old City
Hall,Contract No,04-03,Engineering,in the amount of$9,000.00.
Motion carried on rollcall vote-four ayes.
AUTHORIZE EXECUTION OF COST SHARING AGREEMENT FOR GREATER SOUTHDALE
AREA LAND USE/TRANSPORTATION STUDY Mr. Hughes indicated that a Committee of
Hennepin County and City Staff has selected the Hoisington Koegler Group to undertake a land use
and transportation study of the France Avenue corridor. The County has proposed a Cost Sharing
Agreement, providing $70,000 in County funding, with the City contributing$50,000 to complete this
study. If approved by the Council, the County at their July board meeting would consider the
agreement. Mr. Hughes stated staff recommended the Council approve the Cost Sharing Agreement
with Hennepin County and authorize commencement of the study.
Page 14
Minutes/Edina City Council/lune 15,2004
Mr. Housh explained he had a friendship with an employee of the winning bidder and asked if he
should be eliminated from a decision on the agreement. Mr. Hughes said this association would be of
no concern with voting on the issue.
Member Housh made a motion authorizing execution of the Cost Sharing Agreement with
Hennepin County for the Greater Southdale Area Land Use/Transportation Study. Member
Hovland seconded the motion.
Ayes:Housh,Hovland,Masica,Maetzold
Motion carried.
*RESOLUTION NO. 2004-57 - SUPPORTING MN/DOT'S PLANS FOR THE INTERSTATE 35W
AND CROSSTOWN INTERCHANGE Motion made by Member Housh and seconded by Member
Masica approving the following resolution:
RESOLUTION NO.2004-57
SUPPORTING Mn/DOT'S PLANS FOR THE
INTERSTATE 35W/CROSSTOWN INTERCHANGE
WHEREAS, the Minnesota Department of Transportation has prepared plans to improve
the Interstate 35W/Crosstown interchange to improve safety and reduce congestion;and
WHEREAS, the project as designed will reduce time wasted in traffic delays for the 200,000
plus daily users of the interchange;and
WHEREAS,the project as designed will reduce crashes on the freeways and on the adjacent
local street network;and
WHEREAS, the project as designed will provide an advantage by way of a dedicated High-
Occupancy-Vehicle lane for the 15,000 daily transit users;and
WHEREAS, the project as designed provides these benefits in a ratio of 3.7 over project
costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, that the
City of Edina supports this project and encourages approval of this project as designed by all
governmental bodies.
ADOPTED by the City Council of the City of Edina this 15th day of June,2004.
Motion carried on rollcall vote-four ayes.
*CONFIRMATION OF CLAIMS PAID Member Housh made a motion and Member Masica
seconded the motion approving payment of the following claims as shown in detail on the Check
Register dated June 2,2004, and consisting of 28 pages: General Fund$126,721.08; Communications
Fund$4,732.61;Working Capital Fund$202,703.91; Art Center Fund$1,131.14; Aquatic Center Fund
$23,605.11; Golf Course Fund $26,426.94; Ice Arena Fund $1,966.73; Edinborough/Centennial Lakes
Fund $10,448.83; Liquor Fund $94,529.86; Utility Fund $99,549.04; Storm Sewer Fund $5,701.91;
Recycling Fund $32,171.80; PSTF Fund $317.18; TOTAL $630,006.14; and for approval of payment
of claims dated June 9, 2004, and consisting of 31 pages: General Fund $295,627.31;
Communications Fund$3,520.13;Working Capital Fund$62,996.16;Art Center Fund$1,406.27;Golf
Dome Fund $4,263.01; Aquatic Center Fund $17,929.21; Golf Course Fund $13,805.17; Ice Arena
Fund $84,870.05; Edinborough/Centennial Lakes Fund $11,412.66; Liquor Fund $128,669.42, Utility
Fund$27,504.11; Storm Sewer Fund$1,438.99;PSTF Fund$152,031.81;TOTAL $805,474.30.
Motion carried on rollcall vote-four ayes.
CONCERN OF RESIDENT Carl Golbronson, 5 Cooper Avenue, indicated he sold electric scooters to
wholesale dealers and was opening a bike shop in Edina at Valley View Road and Wooddale Avenue.
He said many retailers were also selling the electric scooters. State law was unclear as it related to the
scooter's use on City streets/sidewalks. Mr. Golbronson asked the City to take a proactive stance to
facilitate the legal use of the scooters. He presented the Council with a summation of the motor
Page 15
Minutes/Edina City Council/lune 15,2004
vehicle code for Minnesota and information on the various types of scooters. Mr. Golbronson
expressed concern over what he viewed as a conflict between local law and federal code.
The Council voiced concern with riders' safety while riding the subject scooters. One suggestion was
to request State legislators to examine the State laws governing these types of scooters.
Chief Siitari said generally when a youth was observed riding one of the scooters,they are returned to
their parents and the law explained. He further said since the State was the licensing body for motor
vehicles and correspondence with state legislators would be the place to begin.
No formal Council action was taken.
There being no further business on the Council Agenda, Mayor Maetzold declared the meeting
adjourned at 10:32 P.M.
&at't'O 0
ity Clerk
Page 16