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HomeMy WebLinkAbout2005-07-19 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 19,2005 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hulbert, Masica, Swenson and Mayor Hovland. CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh and seconded by Member Hulbert approving the Council Consent Agenda as presented with the exception of Agenda Item V.A., Resolution No. 2005-58 - Tax Forfeit Property; Agenda Item V.G., Resolution No. 2005-61 - Authorizing TH169 and Valley View Road Interchange; and Agenda Item V.I., Change Order for West 70th Sidewalk Improvement Project - Contract No. 04-8, ENG. Rollcall: Ayes: Housh,Hulbert, Masica,Swenson,Hovland Motion carried. *MINUTES OF THE REGULAR MEETING OF JULY 5, 2005, APPROVED Motion made by Member Housh and seconded by Member Hulbert approving the Minutes of the Regular Meeting of the Edina City Council for July 5,2005. Motion carried on rollcall vote -five ayes. "IMAGES OF EDINA" PHOTO WINNERS ANNOUNCED Communications Director Bennerotte explained the second Images of Edina Photo contest had been held. She explained that: • Photographers must live or work in Edina • Photos must be entered in one of four categories representing the City's vision statement: Living, Learning, Raising Families or Doing Business • Photos must have been taken between June 1, 2004 and June 17,2005 Ms. Bennerotte said the judging criterion was as follows: • Subject Matter • Artistry/Drama • Composition • Degree of Difficulty • Clarity • Technical Excellence • Lighting • Overall Impact • Depth of Field Ms. Bennerotte stated the judges were Deanna Beaudet, Peterson Portraits, David Eyestone, - Edina Sun Newspapers, Betty Hemstad - Local Artist & Photographer, Polly Norman - Polly Norman Photography. Ms. Bennerotte displayed the winning photographs which were: • "Living In Edina' Winner-Arlene Green • "Learning in Edina" Winner -John Hobday • Raising Families" Winner- Patricia Willette • "Doing Business" Winner -Andrew Vick Mayor Hovland joined Ms. Bennerotte in presenting awards to the four winning photographers. Page 1 Minutes/Edina City CounciWfuly 19,2005 RESOLUTION NO. 2005-62 ADOPTED AUTHORIZING SANITARY SEWER IMPROVEMENT FOR DREXEL AND CASCO AVENUES Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Engineer: Engineer Houle introduced Paul Pasko, Project Engineer and Mike Kotila, Traffic Engineer from SEH,who the City hired as consultants for the proposed Country Club Area Utility and Roadway Improvements. Mr. Houle noted that a portion of the improvement was proposed to be specially assessed as a neighborhood area assessment within the County Club neighborhood. He noted the proposed project was identified in the 2001-2005 Capital Improvement Program. Mr. Houle said due to the complexity of the project, consultant engineers were engaged in 2004 to prepare the feasibility study. The study addressed such issues as: protection of trees, private landscaping, and general disturbances during construction. He asked Paul Pasko, Project Engineer to review the proposed project for the Council. Mr. Pasko stated 62 property owners attended an open house held at Edina City Hall May 25, 2005,where project presentations were made to show the residents the proposed project..He said that team members answered resident questions regarding private service pipe and pedestrian safety questions. Mr. Pasko said contractors were also available to answer technological questions. Mr. Pasko gave a historical overview of public utilities in the Country Club Neighborhood: • Historical District constructed in mid to late 1920's • Built before adoption of today's utility construction standards • Built without independent inspection • Cast iron water main pipe • Clay sanitary sewer pipe • Concrete storm sewer pipe • 4.8 miles of streets • 557 individual properties Mr. Pasko used a graphic to show the fifteen blockages that have occurred in the Country Club sewers since 1991. He explained the costs of sewer deterioration as follows: • Sewerage backups into homes can cost approximately$20,000-$40,000 each to repair • $250 to remove a blockage • Cut roots from trunk pipe every year in project area (rather than every 3 years elsewhere) at a cost of$160,000 per year • Clear water infiltration into the pipes played a role in increasing the recent sewer fee rate from$2.09 to$2.21 per 100 cubic feet of water Mr. Pasko also used a graphic to demonstrate how over two hundred watermain breaks have occurred in the Country Club District since 1989 and explained their associated costs as follows: • Trunk pipe repairs were $4,000 each • Service pipe repairs were$2,400 each • Use an average repair cost of$3,200 per repair • 239 repairs since 1989 alone • Total estimated repair cost since 1989= $765,000 (in 2005 dollars) Page 2 Minutes/Edina City Council/iuly 19,2005 Mr. Pasko said that while the sewer and water were not at the end of their useful lives, there was a high cost of maintenance and repair for the received benefit to the utilities. He said this high cost and lower benefit caused the consideration to reconstruct the sewer and water network in the Country Club. Mr. Pasko explained residents owned the water line from the curb stop to the house and the sewer line from the main in the street to the house, and urged homeowners to strongly consider reconstructing their service pipes. Mr. Pasko noted there were many considerations to be reviewed when designing a large reconstruction project including: • Protection of boulevard trees • Providing continuous sewer and water service • Maintaining pedestrian and vehicle access • Reconstructing sewer services between the trunk pipe and right-of-way line • Reconstructing water services between the trunk pipe and curb stop box • Salvaging sidewalk • Protecting Bridge Street because of its recent reconstruction. Mr. Pasko said to satisfy these considerations the project would use a combination of utility reconstruction methods. He gave graphic depictions and explanations of three methods and outlined when each was appropriate to be used: Open Cut Method • Used when sewer trunk pipe settled • Used to install new trunk pipes or water valves • Used whenever trees were clear of trunk or service pipe reconstruction work Cured In Place Method • Used when there was insufficient space to use open cut method • Used when there were no sags in the existing pipe • Can be used to reconstruct sewer service pipes • Must open cut at only the ROW line for service pipe reconstruction Pipe Bursting Method • Used when there was insufficient space for open cut method Used when there were no sags in the pipe • Used when the existing pipe was too small for the flow it needs to convey • Need to open cut machine and insertion pits over the existing pipe • Can be used to reconstruct private sewer and water service pipes Mr. Pasko explained that the City would decide which method of reconstruction to employ based upon the feasibility study. He added that continuous service would be provided to the homeowners via temporary systems as necessary, again showing pictures of these temporary services which would be used during the reconstruction. Mr. Pasko said the storm sewer in the Country Club had been reviewed with the following findings: • Neighborhood's pipe network has adequate capacity • New storm sewer pipe along Bridge Street • In most cases, pipes in good condition • Pipes under homes south of Bridge and west of Wooddale were in good condition Page 3 Minutes/Edina City Councilauly 19,2005 • Pipes under homes south of Bridge and east of Drexel were in fair condition with offset joints (off set joint defined as those joints that have shifted, but still remained intact enough to handle the storm water flow generated) • Pipe in the rear yards between Casco and Bruce north of 50th were in fair condition with offset joints • Pipe between 4605 and 4701 Sunnyside was in fair condition with offset joints • Pipe in Arden south of Bridge has deteriorated beyond repair He used a graphic to depict which areas would have cured in place reconstruction of storm sewer and which would have open trench reconstruction. Mr. Pasko explained that while the reconstruction work was being done, the City would employ the following to maintain street and pedestrian access: • Maintain existing street pavement during utility reconstruction with gravel patches • Open cut method would cause daily "spot" street closures with overnight access to driveways • Bursting and cured in place lining of trunk pipe would cause minor traffic impacts • Maintain street access during street pavement reconstruction • No driveway access for 1 week when curb was poured • Maintain existing sidewalk during utility reconstruction with gravel patches • Service pipe connections would cause daily short-term sidewalk closures Following the reconstruction of the utility system, the City would then reconstruct all the roadways including curbs and gutters as outlined below: • After utility reconstruction was complete reconstruct all of the streets except Bridge Street • Existing curb used as a barrier during utility reconstruction • Reconstruct all of the curb • Restore boulevard sod disturbed during reconstruction • Repair sidewalks damaged by utility reconstruction • Repair sidewalk trip hazards not addressed by utility reconstruction Mike Kotila, Traffic Engineer reviewed the existing intersection conditions with long sweeping turns, some designated pedestrian crossing locations, (but not all intersections have been defined); and noted pedestrian/vehicle conflicts can occur unexpectedly in some locations due to intersection designs. He said that pedestrian crossing locations would be treated with brick pavers and narrower pavement where possible. Vehicle turns would be slower and more deliberate. These would result in enhancing pedestrian safety at about seventeen intersections along Sunnyside and Country Club Roads with the north south streets. Mr. Pasko said that the street lights were nearing the end of their useful life at almost 40 year. He said maintenance costs for the lights were increasing. Staff was recommending replacing the street lights at their existing locations. He reported the neighborhood survey indicated a preference for the Vernon style light. Mr. Pasko reviewed the estimated project costs as follows: ITEM ESTIMATED COST 2 Sanitary Sewer Trunk Pipe $1,863,000 Page 4 Minutes/Edina City Councilfluly 19,2005 Sanitary Sewer Service Pipe Trunk Pipe to the $2,642,000 Right-Of-Way Line 1 Water Main Trunk Pipe and Service Pipe to Curb $3,998,000 Stop Box Storm Sewer $577,000 Street Lighting 1 $682,000 Streets / Sidewalks 1 $3,671,000 Total $13,433,000 1 Cost to be Assessed to Resident 2 Costs are Given in 2006 Dollars He explained this would result in neighborhood assessments of $12,600 per lot which would include the cost of: • Sanitary sewer service pipe reconstruction between the trunk pipe and right-of-way line - $4,800 • Street lighting reconstruction-$1,200 • Street reconstruction and Sidewalk Repairs-$6,600. Mr. Pasko noted the exception would be Edina Court with two lots at $2,200 per lot. He added the City would consider deducting that portion of the assessment rate for the sanitary service repair if the resident repaired their service themselves before reconstruction began or if the resident had replaced their service pipe with PVC pipe in the last fifteen years. Mr. Pasko reviewed the potential schedule for reconstruction: • Watermain, sanitary sewer (trunk pipes only on Casco and Drexel south of Bridge) , storm sewer, street, street lighting and sidewalk north of Bridge Street would occur in 2006 • Watermain, sanitary sewer (service pipes on Casco and Drexel, south of Bridge) storm sewer; street lighting and sidewalk south of Bridge Street would occur in 2007 Mr. Pasko suggested the following calendar for the project: • August 2005 residents begin repairing their private service pipes • November 2005-review final plans at open house • January 2006- advertise for bids • February 2006- open bids • March/April 2006-resident finish private service pipe repairs • Summer 2006- construction would begin Member Masica asked if any of the proposed assessments were tax deductible at any level. Attorney Gilligan replied they were not deductible. Member Masica asked what the implications would be due to the increasing costs if the project were postponed for two to three years. Mr. Houle replied that bituminous prices have increased eighteen percent this past year in the City's commodities bid. He added that his best estimate would be between twelve to eighteen percent increase in assessment cost per year of delay. Member Masica asked how critical it was in his opinion to have the complete traffic management plan in place beyond the proposed pedestrian improvements in place. Mr. Houle replied it was important to all of northeast Edina to study a traffic management plan and look at traffic issues. Page 5 Minutes/Edina City Council/Tuly 19,2005 He added traffic has been studied for many years since before 1993, then in 2001 traffic was revisited. Mr. Houle said he did not know if there would ever be a solution for traffic management, pointing out that the 501h and France area has been studied since 1939 and the issues still persisted. He said the pedestrian changes proposed would be a small incremental change that in his opinion was the way to attack traffic. These small changes would change peoples' driving habits. Member Housh asked for clarification regarding potential damage to trees during the proposed construction project. He asked staff if they were confident that regardless which method of construction was used, the trees could be maintained. Mr. Pasko replied it was their belief the trees would be maintained based upon having done a field survey of the location of the face of each tree in the neighborhood. He continued stating that during the design, the limits of the construction was compared to the tree survey's data and the construction methodology used was based upon which would have the least impact on the trees. Member Housh asked what techniques would be employed to protect the trees when an open cut method of construction was necessary. Mr. Pasko said the most commonly used method was to come in and precisely saw cut the roots where they would intrude into the construction resulting in a clean break. He added most damage occurred when a root was caught by equipment. However, Mr. Pasko said that by cutting the root cleanly, the tree can withstand it and there would not be any jerking to the entire tree. He added that where the open cut method of construction was necessary he felt it would be far enough from trees to minimize potential root cutting. If a particular tree would require a major cut an alternative form of trenchless installation would be chosen. Member Housh asked for further clarification of the useful life of the structures slated for reconstruction. Mr. Pasko suggested that an analogy might be helpful to aid understanding. He compared the structures to a junker car. He said you could still run your car until it reached the point that it must be towed, when you would need to go and immediately purchase another car. This may cost more than planning and shopping for a new car when the junker car was still drivable. ' Mr. Pasko said the structures in the Country Club area were not yet at the point of "being towed" but were very close. Breaks have been occurring with more frequency in watermains, blockage and deterioration have been detected in the sewer mains. A complete failure would be costly to repair both to the City and to the homeowners. Member Housh asked if Sunnyside Road was being considered for one-way traffic, then should Country Club Road also be considered. He asked if this would have an implication with the Heritage Preservation Board. He advocated consistency so that there was not a one-way street on one part of a block and a two-way street for another part of the same street. Mr. Houle responded that the final design could incorporate the teardrop shaped islands with the streets always designated one-way around them which would alleviate the possibility of confusion. He said staff had not considered that design, since they felt it would change the character of the neighborhood. He suggested consulting with the Heritage Preservation Board. Mr. Kotila added that Wooddale at Country Club Road and Wooddale at Sunnyside Road currently have one-way movements around the island noting that some inconsistency occurred presently. Member Swenson asked for an assurance that where cured in place pipe construction was proposed there still be adequate pipe capacity. She asked the lifespan of the reconstructed utility Page 6 Minutes/Edina City Council/Iuly 19,2005 using this method. Mr. Pasko replied any area proposed for this construction method would be adequate in capacity after reconstruction. He said the method of construction has been employed since the late seventies and it has had an exemplary performance record to date. Member Hulbert asked about the lifespan of the pipe bursting method of construction and which method would be employed to bring the line to the residents curb stop. Mr. Pasko said the pipe would have a lifespan of around eighty years. He added that where the open trench was constructed, the pipe installed would be the white PVC pipe. In the pipe bursting method, a black HTEP pipe would be used. The HTEP pipe would also be used when open cutting a water main. Elsewhere,where appropriate such as catch basins concrete pipe would be used. Member Hulbert asked if the paver crosswalks would add a significant amount to the cost of the project. She stated she had received correspondence stating the pavers would add $600 to each assessment. Mr. Pasko said he did not have a breakdown of the cost of the pavers, but did not think that was accurate. Member Swenson asked if brick pavers would have the same useful life as asphalt. Mr. Pasko replied the construction method in the area will pour a concrete pad underneath the paver blocks giving them essentially the same lifespan as the asphalt. Member Hulbert asked staff to give more detail on the maintenance that has been needed for the street lighting in the Country Club District. Mr. Houle said they had not compiled service records, but he estimated the number of breaks would be comparable to the water main breaks. He explained the new lighting will be installed in conduit as opposed to the lines being installed directly into the ground as the current system was installed. Then if a failure occurs, the line is just pulled from the conduit and repaired. Public Comment: Rob Webb, 4516 Drexel Avenue, stated he did not represent the entire neighborhood, stated that generally he supported the street and sewer project, however, he felt that traffic issues should be studied and solutions proposed before a major street reconstruction was undertaken. Jonathan Gross,4208 Grimes Avenue, asked about potential changes to Sunnyside north. Ruth Melcher, 4624 Bruce Avenue, echoed concern that squaring off an intersection will change traffic flows. She also objected to the proposed method of assessment. Ron Sharp, 4637 Casco Avenue, expressed concern about the trees in the area. She said she appreciated the SEH presentation, but asked that a committee of the neighborhood be allowed to discuss the best way to handle the trees. Tom Roddis, 4920 Arden Avenue, expressed his concern that the narrow focus was on sewer system, that the road still has fifteen to twenty years of life so why was the entire reconstruction being proposed at this time. Robb Gutowsky, 4602 Casco Avenue, expressed concern over the financing of the special assessments. Mr. Hughes explained the assessment would be spread over ten years with installments due each year in conjunction with real estate taxes. Page 7 Minutes/Edina City CounciOuly 19,2005 Sharon Fleischmann,4621 Drexel Avenue, read a statement addressing her concerns about traffic in the Country Club. She asked where school bus stops would be located during the construction. Keith Wolf,4600 Wooddale Avenue, said he was a ten year resident who supported the project if meaningful traffic calming would be incorporated into the project. He suggested delaying the project until traffic calming procedures could be studied and developed. An unidentified man from Sunnyside Avenue echoed concerns expressed by his neighbors. Jane Taney, 4613 Browndale Avenue, stated her concern for potential damage and loss of trees due to the construction project. Ron Erhardt, 4214 Sunnyside Road, asked if a tree were killed by the project, which would be responsible for the tree's removal and replacement. He asked for a definite answer to this question before proceeding with the proposed improvement. Mr. Erhardt also asked if all the curb and gutter would be removed. Mr. Hughes said that the responsibility for the trees would be the homeowners and Mr. Pasko explained all the curb and gutter would need to be removed in order to replace the utilities. Shannon Neale, 4326 Drexel Avenue, stated that traffic has increased tremendously and must be addressed. Lance and Anne Silverman, 4519 Edina Boulevard, stated they generally supported the construction project, but expressed their concern about traffic and safety in the neighborhood. Jonathan Gross, 4208 Grimes Avenue, stated he supported narrowing of intersections as a part of the proposed project. Jennifer Janovy, 4016 Inglewood Avenue, stated she supported the proposed pedestrian crosswalks and deliberate turns because Ms. Janovy believed the changes would also change people's habits in driving through the neighborhood. She also expressed her concern about speed and volume. Abbie Thiss, 4518 Drexel Avenue, stated she was a twenty year resident and had bought her home because of the sidewalks. Ms. Thiss said she did not believe there was a traffic problem. Ms. Thiss applauded the feasibility report for the proposed project and gave her support to the project. Judy Randall, 4906 Arden Avenue, asked that different methods of calculating the special assessment be employed instead of the proposed area assessments. Becky Briggs, 4509 Browndale Avenue, stated the proposed project was potentially a very large assessment. Commenting that some neighbors would also be assessed for the high cost of the sound walls, she asked what other projects were planned that could possibly impact the Country Club neighborhood. Staff replied this improvement was the only one at this time. Page 8 Minutes/Edina City Council/Tuly 19,2005 Lee McGrath, 4619 Moorland Avenue, protested the creeping influence of the Heritage Preservation Board and requested the Council disband the Board. Brian Fogelberg, 4632 Bruce Avenue, stated he did not oppose the project adding the utilities were an aged system in need of rebuilding. He added that traffic and safety concerns of the residents need to be addressed. Lee Marks, 4602 Arden Avenue, suggested the Council make the decision and proceed. He expressed concern that the City had not negotiated with contractors for installation of the individual service lines. Joni Bennett, 4004 Lynn Avenue, stated she believed there was a problem with planning on the part of the City. Ms. Bennett stated that the Council had adopted the Transportation Commission Policy as a method of dealing with traffic issues. She stated other areas of Edina experience more speeding, but traffic calming would deal with both speed and volume. Ms. Bennett stated a thorough detailed study was needed to ensure that adequate calming was achieved and that speeders were not just moved onto other streets within the City. Matt Desmond, 4620 Arden Avenue, stated his concerns with the methodology of the special assessment allocation. He felt the special assessment should be based upon size and not be area wide assessments. Marty Miller, 4527 Drexel Avenue, presented an eight minute video demonstrating his reasons for a traffic study to be completed. He highlighted the volume of traffic in five spots in Edina. Richard Thorp, 4506 Edina Boulevard, grandson and great grandson of developers of the Country Club District stated the vision was for the neighborhood to be a family place. He asked that as the roadway and utilities were reconstructed, that vision be kept and honored. Art Brown, 4908 Sunnyside Road, stated that he had served on an earlier traffic committee. Mr. Brown said if the tree roots were cut, the trees will become destabilized and be in danger of dying or falling. He expressed concern about the size of a potential assessment noting that some neighbors would also be facing the costly sound wall assessment. Mr. Brown asked if the sewer could be selectively repaired to lessen the cost. Molly Kapsner, 4221 Country Club Road, stated she had also served on the earlier Traffic Committee. Ms. Kapsner said she believed the proposed pedestrian safety improvements will affect traffic flow. She stated that safety and volume were an issue and that both must be dealt with before reconstruction begins. Member Swenson made a motion seconded by Member Hulbert to close the public hearing. Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. Council Discussion/Action: Member Masica asked if there was the possibility of moving forward with the construction project as proposed and at the same time completing a traffic study. Mr. Houle said that if the traffic study was referred to the Transportation Commission for a neighborhood traffic study, the Page 9 Minutes/Edina City Council/iuly 19,2005 study would take one to two years to complete. He noted that speed humps and items of that nature could be installed after construction, and more extensive work would be difficult, but not impossible. Member Masica asked for a quantitative value of the improvement to be gained from the proposed pedestrian safety improvements at the intersections. Mr. Kotila said the improvement would be seen from local residents. He said he could not give a meaningful number, that traffic should be slowed,but volume will not changed significantly. Member Housh said to clarify the proposed improvement were to provide safety to people on foot. The speed at some of the intersections would be reduced which may have a slight decrease in volume, but that was not the intent of the measure. Mr. Kotila agreed this was correct. Mayor Hovland noted many problems have been caused by the regional roadway system, and acknowledged that it may be a decade before any appreciable improvement will be seen in the regional system. He stated that traffic has been the number one problem in Edina for a number of years; it was the reason that the Transportation Commission was formed to address these issues. Mayor Hovland said when he reviewed the Country Club Roadway and Utility Feasibility Report he thought that there should be a traffic study conducted. After listening to the testimony, he stated his belief that the study should be done before the improvement. He said he thought that a consultant should be hired to assist the Transportation Commission, adding that traffic problems have gone on for so long, they must be addressed. Mayor Hovland said he believed the improvement project should be postponed until the traffic issues have been studied. Member Swenson agreed the issue should be referred to the Transportation Commission who then should be allowed to do their job as defined by the Transportation Policy. While Member Swenson supported postponing the improvement project, she felt it would be unfair to have the Council dictate the Transportation Commission's course of action. Member Hulbert stated her disagreement. She said she thought there were three issues to be reviewed: 1) traffic, 2) trees, and 3) equitability of how to spread the assessments. Member Hulbert said she had done a little fact finding mission using a radar gun. She reported she did not find a great deal of speed over the "limit", but that the speeds driven were inappropriate for the conditions of the neighborhood. She observed a definite pattern of traffic moving from the southwest to the northeast evidencing significant volume of cut through traffic. Member Hulbert felt something should be done, but she did not want to spend additional money on a transportation study since she believed the data already existed. Member Hulbert stated she felt the issue was too big for the Transportation Commission to address as a commission meeting once monthly. She would rather direct staff to be instructed to include traffic calming as part of the design of the proposed improvement. Mayor Hovland stated he believed the issue should go through the necessary steps to allow the implementation of reduction of traffic volumes and speed. Member Hulbert said to go through the Neighborhood Traffic Management Plan, she felt the issue would be too bogged down in the steps laid out in the Transportation Policy, she again suggested that staff be directed to design appropriate traffic calming measures to be implemented. Page 10 Minutes/Edina City Counci my 19,2005 Member Housh said discussion was good, and he acknowledged that there were definitely volume issues of traffic, which have existed for a long time. He suggested that some of the problem was geography, Edina was an inner ring suburb and residents will travel through Edina to go elsewhere. Member Housh stated he thought the point of the improvement hearing was to discuss the inadequate utility systems existing under the roads in the Country Club area which in his opinion must be addressed since the utilities were at the end of their useful life. He urged the Council address those issues. He said the transportation issue has been the City for a long time, pointing out that steps were taken in 1993, some people liked the outcomes and some did not. Member Housh stated he did think gaining consensus would be easily done, pointing out the public hearing was not a transportation hearing it was a public improvement hearing, and he said he felt it was not fair to take testimony on a traffic issue at an improvement hearing. Member Housh stated he believed if the hearing had been published as a traffic hearing, many residents beyond the limits of the Country Club area would have attended the meeting. He said the traffic concerns have overshadowed the real purpose of the hearing. Member Housh said he did not want to minimize the traffic issues, but would like the Council to focus on the real reason for the hearing. He suggested that volume would be very difficult to control, but perhaps some safety measures could be implemented. Member Housh suggested there were two issues to be decided: 1) how to deal with the infrastructure reconstruction; and 2) how to implement traffic calming and when to do so. He suggested moving forward with the roadway and utility improvement project as proposed and let the Transportation Commission work through the neighborhood traffic plan process, then implement the proposals arising out of that process. Member Masica said she agreed with Member Housh that the infrastructure improvement needed to be moved forward. She said she would love to give the people what they desire and move traffic out of their neighborhoods, but that until the State improved the regional roadway system, the City could only:do so much. Member Masica stated she did not agree with delaying the improvement project, but could support allowing a neighborhood traffic plan to be done while the construction in the area went forward. Mayor Hovland stated he felt the infrastructure improvement could wait a year to allow time for resolution of the traffic issues. He pointed out that the traffic management plan may dictate some design issue changes to the roadway improvement that at this time were not apparent. Member Housh stated he appreciated the concerns of the neighbors, but the traffic issues which were very important do not have anything to do with reconstruction of sewer and water infrastructure. He said there has been a traffic volume problem in the Country Club for years, so he suggested that the pedestrian safety improvements be removed from the reconstruction project, keep the islands the same and move forward with the sewer and water reconstruction. At the same time, let the neighborhood traffic plan run its course. When the neighborhood traffic plan has been accomplished, the roadway reconstruction can be designed and completed, but the needed utility reconstruction would be completed. Mayor Hovland requested Traffic Engineer Lillehaug to offer some guidance on the process that would be appropriate to follow with the neighborhood traffic management plan and the proposed project in front of the Council. Member Hulbert interjected for clarification of the role of the neighborhood traffic plan. She stated she thought it was not meant as something to oversee every traffic policy in the City. Member Hulbert said she thought there were three approaches, staff directed project, the six hot spots identified by the previous study and the neighborhood Page 11 Minutes/Edina City Council/luly 19,2005 traffic management plan. Mr. Lillehaug stated briefly what the Transportation Commission has recommended to the Council. They have recommended performing a traffic study which would follow the same path as a neighborhood traffic management plan. However, he said there have been traffic studies completed in the past which identified problems and some solutions. Mr. Lillehaug noted they have not been comprehensive enough in nature, so the Transportation Commission expanded the area and brought in the 50th and France area. He said the area included everything north of 501h Street, east of Highway 100 and that the Commission recommended performing a traffic study for the entire area, looking at alternatives and solutions for the whole quadrant. Mr. Lillehaug said that neither staff nor the Transportation Commission would currently have the comprehensive data gleaned from a traffic study in order to make deliberate recommendations for all of northeast Edina. Mr. Lillehaug also said that the area would be too large to follow the neighborhood traffic management plan although it would be possible to mimic it, He suggested that once the data were collected, solutions could be run on a trial to see the effects. Member Masica suggested that the proposed improvement be constructed as designed. She suggested the neighbors take the safety improvements incorporated into the project and hope that more will follow in the future. She asked for clarification of where the Country Club area was in the ranking of studies to be completed. Mr. Lillehaug confirmed it was third. Member Housh asked that the proposed project be moved forward including the safety improvements designed by professionals. He noted the area proposed for a traffic study had been expanded beyond the Country Club area to include the entire northeast quadrant of Edina. Member Housh still stated that the utility construction needed to be completed. Member Hulbert suggested that the proposed project be allowed to proceed, just direct the engineers to design the necessary traffic calming. She also said she did not want to wait for two or three years and have the neighborhood torn up more than one time. She said she wanted the City Engineer and Traffic Engineer to design the necessary improvements and then have them implemented. Mayor Hovland said he has modified his opinion. He thought originally that the process could be shortened, with experts' guidance for certain areas beyond the Country Club, but now he believed that a traffic study would be needed in order to give the Transportation Commission enough information to make thoughtful decisions to advise the Council. Therefore, he would not support ordering the pedestrian safety improvements be completed at this time, rather wait until a full study with comprehensive data can be obtained. Then the utility project should be constructed. Member Housh said that he did not believe as designed, the cost of traffic calming techniques were be a large percentage of the proposed project. He said he did not believe the result of a traffic study would direct that the reconstructed roadways be torn up and redone. Member Housh said he believed that instead there would be speed bumps, perhaps some traffic tables, or even narrowing of certain areas proposed,which could be accomplished without great difficulty. Mayor Hovland said he believed that the utilities in the Country Club were not in such disrepair that they could not wait for a year. In balance, waiting until the results of a traffic study could be Page 12 Minutes/Edina City Counciouly 19,2005 obtained then designing a roadway reconstruction project incorporating the recommended suggestions would be in his opinion, the best way to proceed. Mr. Houle said there were two pipes which at this time would be critical to be redone. He suggested that the sanitary sewer pipes on Cacso and Drexel Avenues be authorized to be relined and to direct the Transportation Commission to conduct a study of the northeast quadrant of Edina. Mr. Houle said that he believed if staff was to attempt to direct some solutions without the benefit of a traffic study it would be a shot gun approach. Member Swenson asked if the sewer pipes in just Casco and Drexel Avenues were redone at this time,would the method of construction be cured in pipe, with just minor disruption to the street. Mr. Pasko said the pipes would be inserted through existing manholes so there would not be any street repair needed. Member Hulbert said she still felt the study should be conducted by staff with the Council and not the Transportation Commission. She said she did not believe the Transportation Commission had the time or resources necessary to complete the study in the needed time frame. Mayor;Hovland asked staff if the Transportation Commission would object to the northeast Edina area being moved up in priority and whether or not the staff had the resources to complete a study. Mr. Lillehaug said that the Transportation Commission was currently working on their number one area which was the area by the Edina High School. He said the Commission had intended to move the northeast Edina study up to number two so it could be worked on sooner because of the utility project, so they would be fine with reordering the ranking. Mr. Lillehaug said that the City did not own the necessary modeling software to complete a study as detailed as would be necessary in this case. He added that the Transportation Commission would be asked for the financial support needed to hire experts to complete the study of all three top priority areas. Member Masica asked if the northeast Edina quadrant would be studied before the others. Mr. Lillehaug said they would be studied concurrently. Member Housh asked if the Casco and Drexel sewers were addressed was staff comfortable with postponing the rest of the project for one to two years. Mr. Houle replied that the Country Club area was one of the higher maintenance areas of the City. He said they are yearly jetting the lines and cutting roots out, where in other areas that happens only once in about three years, so a project needed to be done. He said there was a good possibility of water problems and potential sewer back-ups could happen in the interim. Member Housh said he could compromise and do only the critical infrastructure if the whole project would be addressed in one to two years. Member Masica said she felt if the proposed project were delayed, the Council in the long run would be doing the neighborhood a disservice. She said she believed that they would end up having to pay more for the improvement and may not even get any more traffic calming than already proposed with the project. Member Masica made a motion to order Improvements Numbers A-213 and A-214 the roadway and utility reconstruction of the Country Club area as originally proposed. No second to the motion was received. Page 13 Minutes/Edina City Counci my 19,2005 Motion failed. Member Swenson introduced the following resolution and moved its approval ordering a partial utility project relining the sanitary sewers on Casco and Drexel Avenues as deemed necessary by staff as follows: RESOLUTION NO. 2005-62 SANITARY SEWER REPAIR CASCO AVENUE AND DREXEL AVENUE SANITARY SEWER IMPROVEMENT NO. SS-297 WHEREAS, the Edina City Council on the 15th day of March, 2005, fixed a date for a Council hearing on the proposed Sanitary Sewer, Improvement No. SS-297 as part of the Country Club District Roadway and Utility Reconstruction Project;and WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing was given, and the hearing was held thereon on the 191h day of July 2005,for Improvement No. SS-297 including relining the sanitary sewer mains on Drexel and Casco Avenues at which time all persons desiring to be heard were given an opportunity to be heard thereon.: NOW,THEREFORE, BE IT RESOLVED that the Council has duly considered the views of all persons interested,and being fully advised of the pertinent facts, does hereby-determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights hereby designated and shall be referred to in all subsequent proceedings as Improvement Project No. SS-297, partial reconstruction of sanitary sewers on Casco and Drexel Avenue by relining the sanitary sewer mains. BE IT FURTHER RESOLVED that Improvement Project No. SS-297, partial reconstruction of sanitary sewers on Casco and Drexel Avenue by relining the sanitary sewer mains is hereby ordered as proposed. BE IT FURTHER RESOLVED that the City Engineer is hereby designated as the engineer for this improvement. The engineer shall cause plans and specifications to be prepared for the making of such improvement. Dated this 191h day of July 2005. Member Hulbert seconded the motion. Rollcall: Ayes: Housh,Hulbert,Swenson, Hovland Nay: Masica Motion carried. Member Swenson made a motion directing the Transportation Commission to conduct a traffic study of the northeast quadrant of Edina, consisting of the area north of 501h Street and east of Highway 100. The results of the traffic study shall be reported to the City Council by the Transportation Commission by August 1, 2006. Staff was authorized to use the City's contingency funds or reserves as necessary to pay the cost of the Traffic Study of the northeast quadrant of Edina. Member Housh seconded the motion. Member Swenson said she would like the study conducted and the review completed by the Transportation Commission as expeditiously as possible because she also was not comfortable with delaying infrastructure improvements that obviously were needed. Member Masica asked if the cost of the study would be assessed to the neighborhood and how what would be the amount of that cost. Mr. Hughes said he believed if improvements to the northeast quadrant of Page 14 Minutes/Edina City Council/iuly 19,2005 Edina were constructed that the cost of the study would be assessed to the benefited properties with the construction costs and he believed that cost of a traffic study would be approximately $55,000.00. Member Housh stated that he understood earlier this would not be a neighborhood traffic management plan. Mr. Hughes acknowledged this was correct, but added he thought the process could still be followed conducting the study, then getting notice to the broad area affected and involving them in the process. Mayor Hovland called the question. Ayes: Housh,Hulbert, Swenson, Hovland Nay: Masica Motion carried. ORDINANCE NO. 2005-7 APPROVED AMENDING SECTION 805 AND SECTION 1225 OF THE CITY CODE, ALLOWING STUDENT MEMBERS Mr. Hughes noted that at the Council meeting of July 5, 2005, First Reading was granted for Ordinance No. 2005-7, Amending Section 805 and Section 1225 of the City Code to Permit Appointment of Student Members. He stated the Ordinance would add non-voting youth members to the Planning and Transportation Commissions. Based on the Planning Commission's recommendation, the Council concurred that the student should be a non-voting member of the commission. Mr. Hughes stated the youth appointments would be for one year terms. Following a brief Council discussion, Masica introduced the following Ordinance No. 2005-7 and moved its adoption: EDINA ORDINANCE NO. 2005-7 AN ORDINANCE AMENDING SECTION 805 & SECTION 1225 OF THE CITY CODE TO PERMIT THE APPOINTMENT OF STUDENT MEMBERS THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Subsection 805.04 of the City Code is amended to read as follows: "805.04 Membership. The Commission shall consist of nine residents of the City appointed by the Mayor with the consent of a majority of the members of the Council. In addition, to the nine voting members, one member of the Commission may be a high school student, who shall be a non voting member. Commission members shall be appointed with due regard to their fitness for the efficient dispatch of the functions, duties, and responsibilities vested in and imposed upon the Commission. Members shall be appointed for terms of three years commencing on February 1, except that a student member shall be appointed for a term of one year, commencing on a date determined by the Mayor with the consent of the Council. A Commission member, following expiration of that member's term, may be reappointed by the Mayor with the consent of a majority of the members of the Council. Upon expiration of a term, a member shall continue to serve until that individual's successor is appointed. Any individual appointed to fill a vacancy occurring prior to the expiration of the term for which that individual's predecessor was appointed shall be appointed for the remainder of such term. Members of the Commission shall serve without compensation and may resign voluntarily or be removed by majority vote of the Council or pursuant to Section 180 of this Code. Commission members who discontinue legal residency Page 15 Minutes/Edina City Council/luly 19,2005 in the City shall be automatically removed from office effective as of the date of such discontinuance." Section 2. Subsection 805.03 of the City Code is amended to read as follows: "805.03 Representatives to Zoning Board of Appeals. All members of the Commission except student members are to continue as representatives of the Commission to the Zoning Board of Appeals. Any such representative is authorized to review and report,for or on behalf of the Commission, to the Zoning Board of Appeals on matters coming before the Zoning Board of Appeals." Section 3. Subsection 1225.03 of the City Code is amended to read as follows: "1225.03 Membership. The Commission shall consist of nine members appointed by the Mayor with the consent of the majority of the Council. The Mayor shall endeavor to appoint members such that the Commission is reflective of the different geographic areas of the City. One member of the Commission shall also be a member of the Planning Commission. One member of the Commission may be a high school student, who shall serve as a non-voting member of the Commission. Members shall serve until a successor has been appointed. All members of the Commission shall be residents of the City and shall be appointed for a term of three years except any student member shall be appointed for a term of one year, commencing on a date determined by the Mayor with the consent of the Council. The Council may stagger the terms of the first Commission appointed. Upon termination of a member's term, that member's successor shall be appointed for the remainder of such term. Members of the Commission shall serve without compensation and may resign voluntarily or be removed by a majority vote of the Council pursuant to Section 180 of this Code. Commission members who discontinue legal residency in the City may be removed from office by the Mayor with the consent of a majority of the Council." Section 4. This ordinance shall be in full force upon adoption,passage and publication according to law. Passed and adopted this 19th day of July 2005. First Reading: July 5, 2005 Second Reading: July 19, 2005 Published in diva Su Xi` ur ent: August 4, 20 Attest: . `s 1 A / --- City ler< Mayor Rollcall: Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. *BID AWARDED FOR SCBA FILL STATION COMPRESSOR FOR THE FIRE DEPARTMENT Motion made by Member Housh and seconded by Member Hulbert for award of bid for a self contained breathing apparatus (SCBA) compressor fill station to recommended low bidder, Alex Air Apparatus, Inc., at$44,650.00. Motion carried on rollcall vote -five ayes. *BID FOR VEHICLE EXHAUST REMOVAL SYSTEM FOR THE FIRE DEPARTMENT CONTINUED TO AUGUST 2, 2005 Motion made by Member Housh and seconded by Member Hulbert to continue the award of bid for vehicle exhaust removal system for the Fire Department to August 2, 2005. Page 16 Minutes/Edina City Council/Iuly 19,2005 Motion carried on rollcall vote -five ayes. AWARD OF BID FOR SHANNON DRIVE UTILITY AND ROADWAY IMPROVEMENT CONTRACT #ENG 05-10, IMPROVMEENT NO. BA-329, SS-420 AND STS-312, APPROVED Mr. Hughes explained the project was for repair of the existing sanitary sewer along Shannon Drive from Dewey Hill Road to Kemrich Drive. He said the project included sanitary sewer replacement, reconstructing the exiting roadway and adding concrete curb and gutter. The project was identified in the CIP budget at $80,000.00 but did not take into consideration the extensive work required at the surface due to the depth of the repair that was 25 feet deep. Staff believed that due to condition of the sanitary sewer a cost reduction would not be realized with a rebidding of the project. The project will be funded by a combination of sanitary sewer funds and special assessments. Member Masica made a motion for award of bid for Utility and Roadway Improvement Contract #ENG 05-10, Improvement No. BA-329, SS-420 and STS-312 for Shannon Drive to recommended low bidder, Park Construction Company at $168,719.30. Member Hulbert seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. *BID REJECTED FOR RECYCLE BASINS AT TREATMENT PLANTS 2, 3, AND 4, CONTRACT NO. PW 05-1, IMPROVEMENT NOS. WM-425 AND 427 Motion made by Member Housh and seconded by Member Hulbert rejecting the bid for recycle basins at Treatment Plants 2, 3, and 4, Contract No. PW 05-1, Improvement Nos. WM-425 and 427 and approval of repackaging of the project to include Treatment Plant No.4 and to rebid. Motion carried on rollcall vote - five ayes. RESOLUTION NO. 2005-58 - CONVEYING TAX FORFEIT PROPERTY TO THE CITY Member Masica removed Resolution No. 2005-58, the conveying of Tax Forfeit Property to the City for additional information. She inquired about the size of the subject parcel. Mr. Hughes said the parcel appeared to be approximately 7,000 to 8,000 square feet and was not a buildable lot. Member Masica asked what utility purposes it would serve. Mr. Hughes responded use of this parcel in this area would be beneficial for stormwater retention or right-of-way purposes. Member Masica introduced the following resolution and moved its adoption: RESOLUTION NO. 2005-58 REQUESTING THE CONVEYENCE OF TAX FORFEIT PROERTY WHEREAS, the City Council of the City of Edina has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of property taxes, dated May 26,2005; and WHEREAS, the parcel in said list identified as PID No. 32-117-21-24-0001 has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota, as non-conservation land list 1335 C/NC the sale thereof and has heretofore been authorized by said Board of County Commissioners; and WHEREAS, it has been determined by the Edina City Council that there are no existing or pending special assessments on said parcel; and WHEREAS, it is the intent of the City of Edina to acquire the tax forfeited property for use for drainage and utility purposes. Page 17 Minutes/Edina City Council/Tuly 19,2005 BE IT RESOLVED, by the City Council of the City of Edina, that the City Clerk be authorized and directed to file, "Application of Governmental Subdivision for Conveyance of Tax Forfeited Lands," for the following described property contained in Hennepin County Conservation/Non-Conservation Classification List 1335 C/NC, said property to be used by the City as hereafter set forth: That part of the SE 1/4 of the NW 1/4 lying south of West 56th Street northerly of US Hwy No. 169 and 212 and easterly of Lot 9, Block 2, Mirror Lakes Meadow Wood Second Addition to Edina Highlands (PID No. 32-117-21-24-0001). Adopted this 19th day of July 2005. Member Swenson seconded the motion. Ayes: Housh,Hulbert, Masica,Swenson, Hovland Motion carried. NEW WINE AND BEER LICENSE APPROVED FOR DINO'S OF EDINA RESTAURANT Mr. Hughes indicated that an application for a new wine and beer license had been received from Pouyan, Inc., to operate Dino's of Edina at 6539 York Avenue. All necessary paperwork has been filed, all applicable fees paid and the Administration, Planning, Health and Police Departments have completed their investigation with no negative findings. Following a brief Council discussion, Member Masica made a motion approving the wine and 3.2 beer liquor licenses to Pouyan, Inc., dba/Dino's of Edina, for the period July 20, 2005 to March 31,2006. Member Housh seconded the motion. Ayes: Housh,Hulbert, Masica,Swenson, Hovland Motion carried. EDINA ART CENTER BOARD AND EDINA PUBLIC ART COMMITTEE PROPOSAL APPROVED Ken Rosland, 7622 York Avenue South, a member of the Edina Art Center Board stated it was the intent of the Board to formalize the independent advisory board of the City by ordinance; and the Edina Art Committee to be a standing committee appointed by and subordinate to the Edina Art Center Board. Director Keprios said currently, the Art Center Board was a committee of the Park Board with members being residents appointed to the Board by the Council. The new Board would mainly be made up of Edina residents, but could also have regional members. Mr. Keprios said the proposal would formalize the Board not differently than the way it functions today as a working Board. He outlined the Guidelines for Organization and Function of the Edina Art Center Board as follows: 1. Membership 2. Vacancies 3. Compensation 4. Chair 5. Secretary 6. Records 7. Powers and Duties 8. Meetings 9. Committees Mr. Keprios elaborated that the Edina Public Art Committee would be a standing committee, subordinate to the Edina Art Board and would advise the Council regarding all matters Page 18 Minutes/Edina City Council/July 19,2005 pertaining to the visual enhancement of City property via two and three dimensional art as follows: Specific Goals and Duties: • Build Awareness and pride in community heritage and neighborhood identity • Encourage public enjoyment of public places • Serve as a public educational tool • Encourage cooperation among public and private sectors, city government and the arts community • Make recommendations for creative fund-raising mechanisms to fund public art displays • Promote economic development through the arts Member Housh asked if the Council was setting itself up to create an organization that would require a budget. Mr. Keprios noted that any funding or fund-raising would need to be approved by the Council. Member Swenson said she was a supporter of the arts and sees a fine arts committee as the top of the umbrella,with the Public Art Committee and the Art Center as parts under that umbrella. Mr. Keprios noted that other cities with fine arts councils oversee a variety of fine arts, e.g. chamber orchestra, or a performing arts theater group. Art Center Director Hedges said once these groups were formed, and come forward, a fine arts council could be a necessity. Member Masica reiterated that formalizing the Edina Art Center Board does not preclude forming a fine arts council in the future. Member Swenson concurred with Member Masica. Mayor Hovland asked what the rationale was of having non-resident, regional members on the Public Art Committee. Ms. Hedges said the Art Center has over seven thousand students annually at the Art Center and 65% of these students were from outside of Edina. Mayor Hovland asked how the $25,000 earmarked for the Public Art Committee would be spent. Mr. Rosland explained the Public Art Committee would present their proposal to the Art Center Board first. If approved by the Art Center Board, the proposal would then come before the Council. Mayor Hovland asked if the Art Center Board budget was approved by the Park Board. Mr. Rosland said the Park Board gave their recommendations of the proposed budget. Member Hulbert asked if classes at the Art Center fill quickly. Ms. Hedges said enrollment was growing. Member Hulbert inquired whether residents receive a price or early enrollment break. Ms. Hedges said yes there was a price break. Member Hulbert voiced concern that the philosophy be maintained of serving the Edina community. Ms. Hedges said allowing Edina residents to enroll for classes before opening it to regional enrollees could be considered by the Board. Mr. Hughes said presently business plans were being developed. He suggested waiting for further discussion until the plan was in place with facts, figures, and demographics of Art Center users. Page 19 Minutes/Edina City Councilauly 19,2005 Member Masica said this proposal was long overdue. She commended the Board with their creativity in fund raising. Following a Council discussion allowing non-residents to serve on the Board, Member Masica made a motion approving the proposal that the Edina Art Center Board become a formalized independent advisory board of the City Council, by directing staff to prepare an ordinance amendment; and, that the Edina Art Center Board be comprised of not more than three regional members; and that the Edina Art Committee be a standing committee appointed by and subordinate to the Edina Art Center Board. Member Hulbert seconded the motion. Ayes: Housh,Hulbert, Masica, Hovland Nays: Swenson Motion carried. *TECHNICAL CORRECTION OF MINUTES - REVISIONS TO RESOLUTION NO. 2004-76, FROM AUGUST 3, 2004, APPROVED Motion made by Member Housh and seconded by Member Hulbert approving a technical correction to the August 3, 2004, Council Minutes and Resolution No. 2004-76 lot division for 7000 Tupa Drive and 6909 St. Patrick's Lane, correcting the legal description by inserting "the east 87.19 feet of", prior to the word "that" in the first line of the description of Parcel B. Motion carried on rollcall vote -five ayes. *RESOLUTION NO. 2005-59 APPROVED, AUTHORIZING FEDERAL TRANSPORTION ENHANCEMENT FUNDS TO CONSTRUCT TRAIL ALONG CANADIAN PACIFIC RAILROAD THROUGH EDINA Member Housh introduced the following resolution, seconded by Member Hulbert and moved its adoption: Resolution No. 2005-59 A Resolution supporting the City of Edina's application for funds from the Federal Transportation Enhancement grant program administered by the Metropolitan Council to construct a pedestrian/bicycle trail along the Canadian Pacific (CP) Railroad in the City of Edina connecting to Hennepin County's Southwest LRT Trail via the Interlachen Boulevard Trail. WHEREAS, the City of Edina has identified the importance of separating bicycle and pedestrian traffic from motorized traffic as a means of enhancing the community's livability and safety in the City's 2000 Comprehensive Plan;and, WHEREAS, the City of Edina's 2000 Comprehensive Plan identified construction of a pedestrian/bicycle trail along the CP Railroad as a needed improvement in order to implement a solution to a transportation problem and to achieve the City's overall vision for a comprehensive community trail system;and, WHEREAS, the construction of a safe and convenient off-road pedestrian/bicycle trail connecting the southerly portion of the City of Edina to the Southwest LRT Trail will enhance the City of Edina's investment in both our Edina Industrial Interchange Area to the south and the Grandview Area development to the north by providing an improved connection enhancing alternative travel mode choice;and, WHEREAS, the City of Edina takes great pride in providing enhanced transportation improvements that provide alternative transportation choices accessible to all its residents and employees of businesses within Edina. Page 20 Minutes/Edina City Councilf Tuly 19,2005 NOW THEREFORE, BE IT RESOLVED, the City of Edina endorses the application for Federal Transportation Enhancement funds from the Metropolitan Council and fully supports the construction in 2010 of a pedestrian/bicycle trail along the CP Railroad in the City of Edina and connecting to Hennepin County's Southwest LRT Trail via the Interlachen Boulevard Trail. BE IT FURTHER RESOLVED, the City of Edina commits to procuring the local (non- federal funds) match of at least 20 percent of construction costs required as part of the Federal Transportation Enhancement grant program to construct the CP Railroad Trail project and is committed to the future operation and maintenance of this facility throughout its useful life. Passed and adopted this 191h day of July 2005. Motion carried on rollcall vote-five ayes. *RESOLUTION NO. 2005-60 APPROVED, AUTHORIZING FEDERAL SURFACE TRANSPORTATION FIMDS TO CONSTRUCT TRAIL ALONG CANADIAN PACIFIC RAILROAD THROUGH EDINA Member Housh introduced the following resolution, seconded by Member Hulbert and moved its adoption: Resolution No. 2005-60 A Resolution supporting the City of Edina's application for funds from the Federal Surface Transportation grant program administered by the Metropolitan Council to construct a pedestrian/bicycle trail along the Canadian Pacific (CP) Railroad in the City of Edina connecting to Hennepin County's Southwest LRT Trail via the Interlachen Boulevard Trail. WHEREAS, the City of Edina has identified the importance of separating bicycle and pedestrian traffic from motorized traffic as a means of enhancing the community's livability and safety in the City's 2000 Comprehensive Plan; and, WHEREAS, the City of Edina's 2000 Comprehensive Plan identified construction of a pedestrian/bicycle trail along the CP Railroad as a needed improvement in order to implement a solution to a transportation problem and to achieve the City's overall vision for a comprehensive community trail system; and, WHEREAS, the construction of a safe and convenient off-road pedestrian/bicycle trail connecting the southerly portion of the City of Edina to the Southwest LRT Trail will enhance the City of Edina's investment in both our Edina Industrial Interchange Area to the south and the Grandview Area development to the north by providing an improved connection enhancing alternative travel mode choice; and, WHEREAS, the City of Edina takes great pride in providing enhanced transportation improvements that provide alternative transportation choices accessible to all its residents and employees of businesses within Edina. NOW THEREFORE, BE IT RESOLVED, the City of Edina endorses the application for Federal Transportation Enhancement funds from the Metropolitan Council and fully supports the construction in 2010 of a pedestrian/bicycle trail along the CP Railroad in the City of Edina and connecting to Hennepin County's Southwest LRT Trail via the Interlachen Boulevard Trail. BE IT FURTHER RESOLVED, the City of Edina commits to procuring the local (non- federal funds) match of at least 20 percent of construction costs required as part of the Federal Surface Transportation grant program to construct the CP Railroad Trail project and is committed to the future operation and maintenance of this facility throughout its useful life. Passed and adopted this 19th day of July 2005. Motion carried on rollcall vote -five ayes. Page 21 Minutes/Edina City Counci my 19,2005 RESOLUTION NO. 2005-61 AUTHORIZING TH 169 AND VALLEY VIEW ROAD INTERCHANGE Member Masica withdrew her question about Resolution No. 2005-61 from the Consent Agenda for further information. Member Masica introduced the following resolution and moved its approval: Resolution No. 2005-61 A Resolution supporting the City of Edina's application for funds from the Federal Surface Transportation grant program administered by the Metropolitan Council to reconstruct the TH169 and Valley View Road interchange along with the Valley View Road and Washington Avenue intersection. WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina,and WHEREAS, this project is consistent with the City of Edina Capital Improvement Plan and Comprehensive Plan and it is believed to be consistent with the policies of the Metropolitan Council's Development Guide, including the Transportation Policy Plan and Regional Development Framework;and WHEREAS, this project is near a critically important high volume Interstate (I-494) and U.S. Highway (US 169) in the Twin Cities metropolitan area;and WHEREAS, this project supports improvements planned to the regional transportation system at I-494 and US 169;and WHEREAS, this project implements a solution in the form of continuity, capacity, and safety to a transportation problem and provides upgrade to the regional transportation system, and WHEREAS, the City of Edina in conjunction with it partners accept responsibility for an amount equal to or greater than 20 percent of the eligible project construction cost,together with costs for design,administration,right-of-way,and peripheral project costs. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edina in regular meeting assembled to adopt this Resolution in support of the request for federal funds under the Surface Transportation Program for the Valley View Road project. BE IT FURTHER RESOLVED, that a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission. with the Valley View Road project submittal. Passed and adopted this 19th day of July 2005. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica,Swenson,Hovland Motion carried. "AT LARGE" MEMBER APPOINTMENT MADE TO COMMUNITY EDUCATION SERVICES BOARD Mayor Hovland indicated his decision to appoint Cheryl Gunness as the At- Large Member on the Community Education Services Board. Member Masica made a motion appointing Cheryl Gunness to serve as the A-Large Member on the Community Education Services Board for a term to June 30, 2006. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica,Swenson, Hovland Motion carried. Page 22 Minutes/Edina City Council/Tuly 19,2005 CHANGE ORDER FOR WEST 70TH SIDEWALK IMPROVEMENT PROTECT, CONTRACT NO. 04-8 ENG APPROVED Member Hulbert asked that the West 70th Street Sidewalk Improvement Project, Contract No. 04-8 ENG be removed from the Consent Agenda for further information. She asked what the height of the wall was going to be as well as the proximity to the sidewalk. Mr. Houle responded that plans were to install a bollard and chains at approximately a height of 36 inches. Member Housh added that safety must be a priority with this project. Mr. Houle noted the amount of the requested change order was $31,068.00. The original cost for the total project was $157,369.00 and was funded from Park funds. Staff recommended approval of the requested change order. Member Hulbert made a motion authorizing a change order for West 701h Street sidewalk improvement project Contract No. 04-8 ENG in the amount of $31,068.00. Member Swenson seconded the motion. Ayes: Housh, Hulbert, Masica, Swenson, Hovland Motion carried. *RESOLUTION NO. 2005-63 SETTING HEARING DATE OF AUGUST 16, 2005 FOR VACATION OF UTILITY EASEMENT (5532 VERNON AVENUE) Member Housh introduced the following resolution, seconded by Member Hulbert and moved its adoption: RESOLUTION NO. 2005-63 CALLING FOR PUBLIC HEARING ON VACATION OF UTILITY DRAINAGE EASEMENT 5532 VERNON AVENUE 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 161h day of August 2005, 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 UTILITY EASEMENT 5532 VERNON AVENUE 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 August 16, 2005, at 7:00 P.M. in the Council Chambers at 4801 West 50th Street for a portion of utility easement to be vacated: PROPOSED LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY TO BE VACATED: Page 23 Minutes/Edina City Council/Tuly 19,2005 That part of the Westerly five foot utility easement on Lot 8, Block 1, Danijohn's Addition, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: The East 2 feet of the South 30 feet of the North 33 feet of said Utility Easement. 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: July 19,2005 Passed and adopted this 19th day of July 2005. Motion carried on rollcall vote -five ayes. COMPENSATION COMMITTEE REPORT PRESENTED Mayor Hovland indicated that the State Legislature passed legislation allowing the Mr. Hughes annual salary to be increased for the first time in six years. Currently Mr. Hughes earns close to the previous state salary cap of $114,000 annually. His salary would increase to $130,216 per year and he would be eligible for up to a three percent increase yearly until he reached the state's new salary cap. Mayor Hovland reported the new guidelines gave municipalities the ability to compensate their top officials at a salary that was equal to 110 percent of the governor's salary or about$132,000. In addition, there will also be an annual escalator based on the consumer Price Index. Prior legislation capped the pay of city employees at a salary not to exceed 95 percent of the governor's salary or approximately$114,000. Member Housh noted that legislation could have the opportunity to impact other city employees and aid all Minnesota cities in attracting and retaining top talent. The salary increase for Mr. Hughes would take effect on August 1,2005. Following a brief Council discussion, Member Housh made a motion approving a salary increase for Manager Hughes to $130,216.00 as of August 1, 2005, and that Mr. Hughes receive the same increase in January 1, 2006, as other City employees. Mayor Hovland seconded the motion. Ayes: Housh,Hulbert, Masica, Swenson, Hovland Motion carried. *CONFIRMATION OF CLAIMS PAID Member Housh made a motion and Member Hulbert seconded the motion approving payment of the following claims as shown in detail on the Page 24 Minutes/Edina City CounciViuly 19,2005 Check Register dated July 6, 2005, and consisting of 28 pages: General Fund $145,394.32; Communications Fund $4,708.80; Working Capital Fund $8,644.24; Art Center Fund $1,569.41; Golf Dome Fund $1,048.28; Aquatic Center Fund $9,188.72; Golf Course Fund $19,951.25; Ice Arena Fund $1,198.04; Edinborough/Centennial Lakes Fund $11,023.66; Liquor Fund $121,915.40; Utility Fund $34,826.13; Storm Sewer Fund $3,237.91; PSTF Agency Fund $568.77; TOTAL $363,274.93; and for approval of payment of claims dated July 13, 2005, and consisting of 32 pages: General Fund$346,137.22; Communications Fund $6,592.74;Working Capital Fund $46,458.63; Art Center Fund$6,404.12; Golf Dome Fund $361.79; Aquatic Center Fund$5,704.75; Golf Course Fund $31,668.31; Ice Arena Fund $5,095.91; Edinborough/Centennial Lakes Fund $6,373.89; Liquor Fund $167,091.78; Utility Fund $20,674.29; Storm Sewer Fund $2,154.86; PSTF Agency Fund$3,104.33; TOTAL $647,822.62. Motion carried on rollcall vote - five ayes. CONCERN OF RESIDENT EXPRESSED Joni Bennett, 4004 Lynn Avenue expressed her disappoint with the Council for taking so much public testimony and making traffic decisions without notifying the larger area. Ms. Bennett maintained the Council had conducted a traffic hearing under the guise of a public improvement hearing. There being no further business on the Council Agenda, Mayor Hovland declared the meeting adjourned at 1:00 A.M. 0 V _ ty Clerk Page 25