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HomeMy WebLinkAbout19860303_regular\ MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 3, 1986 Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor Courtney. .I PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENT NOS. P-BA-269, P-BA-270, 8% ' P-BA-271, P-L-27 AND P-L-28. ordered alaced on file. Affidavits of Notice,were presented, approved and Pursuant to due no,tice given, public hearings were con- ducted aLd action taken as hereinafter set 'forth: A. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IIPROVEMENT NO. P-BA-269 IN THE FOLLOWING: York Avenue - From West"76th Street to West 78th Street CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK I'MPROVEMENT NO. P-BA-270 IN THE FOLLOWING: West 76th Street - Xerxes Avenue to Edinborough Way B. C. CONSTRUCTION OF PERMANENT STREET SURPACING WITH CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. P-BA-271 IN THE FOLLOWING: Edinborough Way - West 76th Street to York Avenue The improvements listed above affecting the abutting properties in connection with the Edinborough project, public hearings were conducted concurrently. Fran Hoffman stated that the proposed work includes curb and gutter and permanent street surfacing on York Avenue from W. 76th Street to W. 78th Street; on W. 76th Street from Edinborough Way to Xerxes Avenue; and Edinborough Way from W. 76th Street to York Avenue. Additionally, the project will include sidewalk on all streets abutting the Edinborough project and sidewalk along the south side of W. 76th to serve the office properties on the east side of York Avenue. sonstruction costs were presented as follows: Improvement P-BA-269 - total estimated construction cost at $617,199.59, proposed to be assessed against 1,610.48 feet commercial at $40.00 per foot, 637.86 feet multi residence at $30.00 per foot, with estimated cost to be paid by State Aid funds of $533,644.59; Improvement P-BA-270 - total estimated construction cost at $158,425.75, proposed to be assessed against 76.5 feet single family at $20.00 per foot, 560.56 feet multi family at $30.00 per foot, 419.61 feet commercial at $40.00 per foot, with estimated cost to be paid by State Aid funds of $104,408.95; Improvement No. IP-BA-271 - total estimated construction cost at $290,112.13, proposed to be assessed against 1,028,973 assessable square feet at $0.282 per square foot. The improvements, if approved, are proposed to be constructed in 1986 and the assessments would be levied in 1987, proposed to be spread over a ten year period with an annual rate of interest on the unpaid balance not to exceed the maximum allowed by law. Mr. Hoffman presented a graphic summarizing the funding as follows: $72,368.80 assessed to others East of York and North of 76th Street; $211,125.13 assessed to Park & Housing; $144,318.00 assessed to Office & Elderly (Office/ .- Phase I - $63,020.12, Office/Phase I1 - $638,053.34 from State Aid funds. Mr. Hoffman stated that the cost for the grading on the right of way will be added to the assessment for Edinborough Way. properties for khe.Edinborough project itself are proposed to be assessed at 34.5C per square foot for construction of the roadways around Edinborough. Richards asked what the proposed assessment would amount to for the single family considered benefited. Mr. Hoffman replied that they would be assessed at the same rate that homes would be assessed in a single family district. ions were heard and none had been received prior hereto. duced the following resolution and moved its adoption: Engineer Estimated 53,803.79, Elderly $27,494.09) and The Member No object- Member Kelly then intro- RESOLUTION ORDERING IMPROVEMENTS PEF@"ENT STREET SURFACING WITH CONCRETE CURB & GUTTER & SIDEWALK v fully advised of the pertinent facts, does hereby determine to proceed with ' IMPROVEMENT'NOS. BA-269, BA-270 AND BA-271 BE IT RESOLVED by the City Council of the City of Edina. Minnesota, that this Council heretofore caused- notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements: 1. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER AND SIDEWALK IMPROVEMENT NO. BA-26 9 IN. THE FOLLOWING : York Avenue from W. 76th Street to W. 78th Street 2. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER AND SIDEWALK IMPROVEMENT NO. BA-270 IN THE FOLLOWING: West 76th Street from Xerxes Avenue to Edinborough Way 3. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER AND SIDEWALK IMPROVEMENT NO. BA-271 IN THE FOLLOWING: Edinborough Way from W. 76th Street to York Avenue and at the hearing held at the time and place specified in said notice, the Counci.1 has duly considered the views of all persons interested. and b;?ine 3/3/86 92 the construction of said improvements, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements .No. 1 Above PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER AND No. 2 Above PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER AND No. 3 Above PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER AND .are hereby designated and shall be referred to in all subsequent proceedings as: SIDEWALK IMPROVEMENT NO. BA-269 SIDEWALK IMPROVEIENT NO. BA-270 SIDEWALK IMPROVEMENT NO. BA-271 I and the area to be specially assessed for a portion of the costs therefore shall include: Improvement No. BA-269 - Lot 1, Block 1, Al Johnson Add'n; Lot 1, Block 1, Paul'Klodt First Add'n; Lots 1 thru 11, Block 1, Edinborough Add'n; Improvement No. BA-270 - Lots 1 thru 11, Edinborough Add'n; Lot 1, Block 1, Al Johnson Add'n; Lot 1, Block 1, Paul Klodt First Add'n; Lot 1, Block 1, Meadow Lane I1 Add'n; Lot 5, Block 1, Lyndale Builder Add'n; Lot 1, Block 1, Yorkdale Townhomes of Edina; and Lot 1, Block 1, Ebenezer Society 1st Add'n; Improvement No. BA-271 - Lots 1 thru 11, -Edinborough Add'n. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Resolution adopted. Bredesen, Kelly, Richards, Turner, Courtney D. CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P-L-27 IN THE FOLLOWING : ' .. '..s Beiween 6116 and 6120 Chowen Avenue Mr. Hoffman explained that construction of an ornamental.street light between 6116 and 6120 Chowen Avenue is being proposed as a result of a petition by adjacent'property owners. to be assessed against four assessable lots at an estimated cost of $199.88 per lot. The fixture proposed to be installed would be a 100 watt high pressure sodium luminaire mounted on a 15-foot pole with a lantern fixture. The City will pay the monthly electric charge after installation and Northern States Power will mintain the system. Construction of--the improvement, if approved, will be accomplished in 1986. Assessments'would be levied in 1986 with the initial installment due in 1987, proposed to be assessed over a one year period, with the annual rate of interest on the unpaid balance not to exceed the maximum allowed by law. Mr. Hoffman advised that he had received a letter today from Stephen .I. Ries, 6125 Chowen Avenue, requesthg that the site be re-evaluated and that a 30 foot pole be considered, and would recommend that the hearing be continued to the meeting of March 17, 1986. Motion of Member Richards was seconded by Member Turner to continue the public hearing on Ornamental Street Lighting Improvement No. P-L-27 to the Council meeting of March 17, 1986. The estimated construction cost of $799.53 is proposed Ayes: Motion carried. FOLLOWING : Between 4827 and 4821 West Sunnyslope Road Bredesen, Kelly, Richards, Turner, Courtney F. CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P-L-28 IN THE Mr. Hoffman stated that construction of an ornamental street light between 4817 and 4821 West Sunnyslope Road is being proposed as a result of a petition by adjacent property owners. posed to be assessed against four assessable lots at an estimated cost of $194.48 . per lot. on a 15-foot pole with a lantern fixture. the monthly electric charge and Northern States Power will maintain the system. Construction of the improvement, if approved, will be accomplished in 1968. Assessments would be levied in 1986 with the initial installment due in 1987, proposed to be assessed over a one year period, with the annual rate of interest on the unpaid balance not to exceed the maximum allowed by law. 4817 West Sunnyslope Road, commented that in talking to City staff and Northern States Power last Fall the request was for a standard street light, that NSP had suggested it be installed on his property instead of across the roadway because of the condition of the existing wiring, and that two of his neighbors are away and have not been advised of this. Kotion of Member Turner was seconded by Member Richards to continue the public hearing on Ornamental Street Lighting Improvement No. P-L-28 to the Council meeting of April 21, 1986. The estimated construction cost of $777.92 is pro- The fixture would be a 100 watt high pressure sodium luminaire mounted After installation, the City will pay Robert Firth, Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. ORDINANCE NO. 825-A7 FOR R-2 DISTRICT ZONING (425 WASHINGTON AV SO) ADOPTED. Planner Craig Larsen recalled that the subject property, located at 425 Washington - Avenue South, was given a preliminary rezoning from R-1 District to R-2 District at the Council meeting of July 15, 1985. received the necessary variances from the Board of Appeals and Adjustments to allow construction of a double bungalow on the property. approval of Second Reading of Ordinance No. 825-A7. Member Kelly introduced Ordinance No. 825-A7 for Second Reading and moved adoption: Since that time the proponent has Staff would recommend No objections being heard, 3/3/86 93 ORDINANCE NO. 825-A7 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY ADDING TO THE DOUBLE DWELLING UNIT DISTRICT (R-2) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: the following thereto: Section 1. "The extent of the Double Dwelling Unit District (Sub-District R-2) is enlarged bv the addition of the following property: Section 6 of Ordinance No. 825 of the City is amended by adding Lot 14 and the south 24.00 feet of Lot 15, Block 9, "West Minneapolis Heights", except that part of said Lqt 14 lving southwesterly of a line drawn from a point on the west line of said Lot 15 distant 5.00 feet north from the southwest corner of said Lot 14 to a poirit on the south line of said Lot 14 distant 5.00 feet east from the southwest corner of said Lot 14." Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Member Turner. This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Bredesen, Kelly, Turner, Courtney Nays: Richards Ordinance adopted. PRELIMINARY PLAT APPROVED FOR EDINA OAKS. by Clerk, approved and ordered placed on file. Mr. Larsen presented a petition for preliminary plat approval for Edina Oaks, generally located south of Dublin Road and west of Antrim Court. of the Prospect Hills 1st Addition and is characterized by rolling hills, relatively steep slopes and is heavily treed. by the City and is used for a reservior. Hills in the '40s Lots 2, 4, 6, 7, 8, 11, 14 and 15 have been subdivided. The new lots generally range in area from 18,000 to 30,000 square feet with the largest lots which have not been subdivided run to an acre or more in size. Mr. Larsen stated that the subject property measures approximately 4 acres in size, is zoned R-1, Single Dwelling District and is developed with a single dwelling located slightly northeast of center. to the south across Lee Valley Road on the western portion of the property. The Community Development and Planning Commission (CDPC) has considered the proposed plat on three occasions, January 8, 29 and February 26, 1986. In summary the proposals presented were: January 8 - eight lot subdivision with lots averaging 20,800 square feet in area, a new cul-de-sac off Antrim Court to serve the four interior lots, retaining walls ranging up to 12 feet high would be necessary along the roadway. The CDPC denied the proposed subdivision for the reason that it was too dense as it related more to the Prospect Hills area than to the smaller lots of Danens Meadows. On January 29 the proponent submitted a new preliminary plat illustrating six lots averaging 27,800 square feet in area. The cul-de-sac remained in the same approximate position, retaining walls again were part of the plan and two of the lots were proposed to face on Dublin Road. voted to deny the subdivision based on the density and the positioning of the house on Lot 2. with lots ranging from 23,000 to 46,800 square feet in area. on Dublin Road at approximately the same point as the existing driveway. remaining four lots would be served by a cul-de-sac off Antrim Court reduced in length by approximately 20 feet and moved approximately 20 feet to the North allowing a more open space in the swale area. The house pad on Lot 3 was moved to the North allowing more space along the southerly property line. of the cul-de-sac was raised approximately four feet providing an ideal 3% road grade. Retaining walls are shown with the maximum height of ten feet. homes on Lots 2, 3, 4 and 5 would be walkouts built into the side of the hill; Lot 1 would essentially be the tradional basement underground and would access Dublin at approximately the location of the existing driveway. vation easement on the westerly and southerly property lines was proposed. Mr. Larsen pointed out that all three plans provided for the removal of the existing home. to the following conditions: 1) developer's agreement, 2) subdivision dedication, 3) an erosion control plan during the construction period, 4). vacation af.-excess right of way along Antrim Court and an increase.to 50 feet for the conservation easement. Reasons stated for preliminary plat approval were: l),the almost 60% increase in.lot-size now compatible with surrounding area, 2) conformity with the Comprehensive Plan policies, and 3) the protection of the outer boundaries of the property, especially the swale area. subject property, commented that following the January 29 meeting of the CDPC at which the proposal for six lots had been denied, he met with the neighbors . to discuss and to obtain their'reaction to a five lot proposal. He told them that if they would support a five lot subdivision he would bring that to the Council instead of the six lot proposal. Affidavits of Notice were presented The subject property is one of the original lots Lot 5, Prospect Hills, is owned Since the original platting of Prospect A large swale area exists which drains off Again the CDPC On February 26 the proponent resubmitted a five lot subdivision Lot 1 would access The The terminus Proposed A 30-foot conser- The CDPC recommended preliminary approval of the plat, subject Rudy Trones, developer of the Of those attending that meeting, all 3/3/86 94 indicated they would support a five lot proposal with the exception of one individual, He pointed out that the petition submitted to the CDPC on February 26 for approval of the proposed five lot subdivision has been signed by a majority of property Owners adjacent to the subject property. Mr. Trones said that the state- ment has been made that this is a unique parcel. He commented that the topography is similar to the surrounding terrain, e..g. steep hills and valleys, and that many of the existing homes in the area have been built into a hill, or have side exposure to a hill or have been built at the bottom of a valley. The proposal he felt would not do disservice to the land but should enhance it id that he was concerned about maintaining the natural terrain and trees as ntuch as anybody present. He added that lot coverage would range from 6% to 13%. With regard to retaining walls, especially on Lot 2, he said that the homes will be designed to minimize the need for retaining walls. With regard to the concern about water run-off, Mr. Trones stated that with the road structure as proposed and the homes being built as shown on the plat there probably will be less run-off then there is presently. He asked that Council grant approval of the preliminary plat as presented. Member Turner asked if it will be possible to control erosion during construction and where the run-off from the new cul-de-sac will go. Mr. Hoffman replied that the developer will have to submit a soil erosion plan for staff approval and that the run-off from the cul-de-sac would go into a basin on the development side of the roadway and in addition the topography allows for a sump basin on the westerly side of the roadway on Lot 1. Mrs. Rhonda Bland, 7000 Kerry Road, said that she wished to speak for herself and on behalf of many of the residents of the Prospect Hills neighborhood in opposition to the subdivision. of the petition presented to the CDPC on February 27. three major concerns regarding the proposed plat: 1) topograph of the area, 2) the relationship of the proposed subdivision to the existing neighborhood, and 3) the traffic safety factor by reading a statement covering these concerns in detail. Kathy Stattine, 7016 Kerry Road, presented a statement signed by the neighbors who had met with Mr. Trones on February 4, 1986 as to their interpretation of that meeting. stating their opposition to the proposed subdivision. Drive, said he was opposed to the subdivision because he felt the density in the area should be "feathered out" and that three or four homes.would be more appropriate. Henry Langer, 7101 Antrim Court, said he would be immediately affected by the pro- posed subdivision and that his main concerns were that the run-off would drain into his yard and pool and that traffic from the cul-de-sac would intrude onto his lot. Dr. Allen VanBeek, 7115 Antrim Court, said he was concerned about the density and gave as an example his home which is 13 feet.from his neighbor's. John Elliott, 5904 Lee Valley Road, said he felt five homes is too many and urged the Council...to deny the plat. Shirley Jungles, 7019 Antrim Court, said she was concerned about the traffic and also about the water pressure if more homes were added to the area. Lee Chapman, 7032 Wexford Road, said he was concerned that all'the wild life would be lost that frequents the area. In response, Mr. Trones said that with regard to the traffic.that the existing home now has access off Dublin Road and that only the four lots off the cul-de-sac would access Antrim Road. He clarified that the neighbors had indicated their support for five lots at the meeting of February 4. Regarding the concern for wild life, he stated that so much of the area will remain in its natural state. As to spacing of the houses on the cul-de-sac, Mr. Trones said that the spacing may vary, that that is the nature of a cul-de-sac and that it also provides backyards that are very large. run-off from the new cul-de-sac could be prevented from running across the roadway into the Langer's yard. water problem is not related to the proposed subdivision. system could be designed to keep the water on the West side by construction of sump basins. ion of Dublin Road/Antrim Court. Mr. Hoffman replied that this was not an accident prone area according to Police Department records. Dr. VanBeek advised that he had personally treated an accident victim at that location. Member Turner asked if the lower water pressure was unusual. Mr. Hoffman said that it was the usual situation for homes located on hills and that many such homes have installed booster pumps to increase the pressure. Member Turner asked how the City would be sure that it was controlled. Mr. Hoffman replied that when a new public street is constructed the City would control how it is graded and drained; however, there is no City ordinance that mandates driveway elevations in relation to the street. Member Bredesen asked what the lots sizes are adjoining the subject property. Mr. Larsen replied that the new lots average about 25,000 square feet, and adjoining lots range in size from approximately 16,000 to 43,000 square feet. Member Kelly asked if the CDPC addressed the issue of the buffer zone between Danens Meadows and Prospect Hills when they looked at the proposed five lot subdivision. Mr. Larsen said that was an issue in every plan. At the very-first meeting the CDPC indicated they wanted to see larger lot sizes to make a transition between Danens Meadows and the rest of Prospect Hills. The-:result is that lot sizes have been increased 12,000 square feet per lot. She presented to the Council an aerial photo of the area and a copy Mrs. Bland pointed out their She also read a letter from Robert and Mary Naegeli, 5912 Lee Valley Road, Darrell Boyd, 7204 Shannon I Member Richards askedif the Mr. Hoffman responded that Mr. Langer's current driveway He affirmed that the Member Turner asked what the accident record was for the intersect- I Regarding the run-off drainage from the new cul-de-sac, 3/3/86 95 After some further discussion of the proposed subdivision, Member Bredesen commented that based on what has been presented at this meeting and having read the minutes of the CDPC and their recommendation he found nothing to disagree with their recommendation. inconsistent with the abutting area and that he was impressed by the change of opinion of the CDPC from the first two proposals. He said that while he under- stood the concerns of the neighbors about losing that open space he saw no reason to reverse the opinion of the CDPC. Member Bredesen then introduced the following resolution and moved its adoption, subject to the following conditions: 1) developer's agreement, 2) subdivision dedication, 3) erosion control plan during construction, 4) vacation of excess right of way along Antrim Court, and 5) a 50-foot conservation easement on the westerly and southerly property lines; He added that the lot sizes are not RESOLUTION GJUNTING PRELIMINARY PLAT APPROVAL . FOR EDINA OAKS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "EDINA OAKS", platted by Robert A. Roberts and Eleanor B. Roberts, First Bank Southdale, and Rudy Trones Construction, Inc., and presented at the Regular Meeting of the City Coun'cil of March 3, 1986, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Turner, commenting that two criteria stated in the Comprehensive Plan (e.g. retaining the character and symetry of the neighborhood and the topographylvegetation of a lot proposed for subdivision) have been taken into consideration by the proposed five lot plat. She added that the drainage is a potentially difficult issue and requested that staff take special care when the roadway is constructed. being heard, Mayor Courtney called for a rollcall vote. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. No further comments FINAL PLAT APPROVED FOR SOUTH HARRIET PARK STEINER ADDITION. the request for final plat approval for the South Harriet Park Steiner Addition, generally located east of Minnehaha Boulevard and south of West 52nd Street. He recalled that preliminary approval was granted by the Council on February 3, 1986, subject to certain restrictions on the pr.operty. He said that those restrictions are being prepared and will be placed on record when the plat is recorded. Staff would recommend final plat approval subject to: 1) payment of a.subdivision dedication, 2) an executed developer's agreement, and 3) that no building permits will be issued until the City has evidence that the restrictions have been recorded against the plat. following resolution and moved its adoption subject to payment of a $3,200.00 subdivision dedication fee, an executed developer's agreement, and that no building permits be issued until the City has evidence that the restrictions have been recorded : Mr. Larsen presented No objections being heard, Member Richards introduced the RESOLUTION GRANTING FINAL PLAT APPROVAL FOR SOUTH HARRIET PARK STEINER ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota that that certain plat entitled "SOUTH HARRIET PARK STEINER ADDITION", platted by Richard W. Steiner, a single person, and Robert V. Gislason and Patricia G. Gislason, husband and wife, and presented at the Regular Meeting of the City Council of March 3, 1986, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Bredesen. . Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. COMPLAINT VOICED REGARDING EDINA LANDLORD. the Minnesota Tennants Union and was present to state a complaint against an Edina landlord with regard to improper eviction notices. they,were planning to stage a.protest picket at the home of the landlord and in talking with the Police Department has been advised that picketing in front of any dwelling in the City is prohibited. to challange the ordinance as unfair and unconstitutional and suggested the Council consider amending the ordinance. hearing Mr. Sterns' viewpoint and had heard nothing that would suggest the Council consider amending the ordinance. He suggested that if there has been a violation of law that the Union pursue it using the legal remedies available. Member Turner stated that the ordinance regarding picketing had recently been review concerning another matter. No formal action was taken. Bill Sterns stated he represented He stated further that Mr. Sterns stated they were prepared Member Richards said he appreciated _CONCERN STATED REGARDING SNOW IN DRIVEWAYS. Victoria Lenander, 3907 Sunnyside Road, said she had called the Street Department regarding the snow that had been plowed onto her driveway and sidewalk, adding that as a senior she found it difficult to get help to shovel it out. She suggested that the plowing be done at a slower speed so that the snow would not be thrown as far. Helen Jones, 3/3/86 4001 Sunnyside Road, expressed the same concern. Mr. Rosland said he would check the snow plowing procedure with the Street Superintendent. told Mrs. Lenander that she could obtain help for snow shoveling by calling last year but that she felt their charges were too high. wodld check into the matter. Member Turner . the H.O.M.E. Program for seniors. Mrs. Lenander said that she had called them Member Turner said she No action was taken. BID AWARDED FOR IMPROVEMENT OF VAN VALKENBURG PARK. ulation of bids for Van Valkenburg Park softball field improvements showing Norex at $242,271.86, G.L. Contracting at $248,208.15, Buesing Corp. at $248,945.23, ACG, Inc. $255,290.70, 0 & P Contracting $260,105.05, Northdale Construction at- $272,000.70, B.H. Blattner at $273,229.23, B & D Underground at $285,507.01, Matt Bullock Contracting at $314,318.70 and C. S. McCrossan at $452,318.70. of bid to recommended low bidder, Norex, at $242.271.86. Eir. Rosland presented tab- Motion of Member Kelly was seconded by Member Turner for award Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR RESTROOM TILE FOR BRAEMAR CLUB HOUSE. tabluation of bids for restroom tile for Braemar Club House showing Dale Tile at $8,831.00, Land of Lakes Tile Co. at $11,160.00 and Grazzini Brothers at $14,215.00. bid to recommended low bidder, Dale Tile, at $8,831.00. Mr. Rosland presented Motion of Member Kelly was seconded by Member Turner for award of Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. L STATE BUDGET CUTS DISCUSSED. Mr. Rosland gave an update to the Council on proposed state budget cuts summarized as follows. House bill was not to cut LGA or homestead credit. would pass a bill that would be about a 4% cut. out of the Senate with no proposed cuts to LGA or the homestead credit. now go to a joint committee and our lobbyists feel there may be a minor cut. It appears the legislature is putt'ing the burden of budget cuts on the State with cuts in AFDC, elimination of the Office of Economic Development, etc. Fiscal Disparities - As reported last time, Rep. Bill Schrieber had proposed to remove the 1971 base year which would then pick up the City's pre-1971 valuations. In contacting Rep. Mary Forsythe who then made some phone calls it looks like Schrieber will be dropping his proposal and that fiscal disparities will remain as they presently are. will be exempt from fiscal disparities and basically would not affect Edina from the standpoint of dollars but precedent might affect the City in two ways. may eliminate fiscal disparities totally or it could set precedent that would be removed to get more money in the pool. on March 6 with our lobbyists for further information. MANAGEMENT AUDIT COMMITTEE APPOINTMENTS APPROVED. Motion of Member Bredesen was seconded by Member Richards appointing the following to the Management Audit Committee: Kenneth Woodrow, Chairman, Warren Beck, Edward Bixby, Karen Bohn, Mark Kaiser, Philip Larson and Patrick Rile. Local Government Aids (LGA) - The feeling that the Senate This afternoon the bill came It will I Megamall Proposal - Bloomington proposed Megamall probably It I I I eliminate so many districts that limits may be raised or the 1971 base year could ! Mr. Rosland said the MLC will be meeting No formal action was taken. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. Member Turner asked that Mayor Courtney write a letter to these individuals con- firming their appointment and also enclose the Charge to the Committee together with the roster. to convey and summarize the process the Council followed in establishing the committee. the Chairman he would help to set up the initial meeting of the committee. She also suggested that Member Bredesen contact the Chair Mr. Rosland suggested that following Member Bredesen's contact with APPOINTMENT TO H.O.M.E. BOARD DISCUSSED. force is being formed to look at the future of the H.O.M.E. Program and that one of the Edina representatives on the South Hennepin Human Services Council Board will serve in that capacity. No action was taken. Member Turner reported that a task WINE LICENSING PROCEDURE REVIEW DATE SET. April 28, 1986 at 7:OO p.m. as the date for Council review of the wine licensing procedure. It was informally agreed to set Member Bredesen stated that he would not be able to attend. ACCESSORY USES/NUISANCE ORDINANCE HEARING DATE SET. motion of Member Bredesen was seconded by Member Turner setting May 5, 1986 as the public hearing date on Accessory Uses and the Nuisance Ordinance. As recommended by staff, Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. Mr. Rosland said he would ask the Edina Sun-Current to publicize the hearing date, that the normal official notice would be published and that all residents who have written letters regarding the subject would be notified. "- 3/3/86 97 or) m II rn a ANNUAL ALL-VOLUNTEER AWARDS RECEPTION SCHEDULED FOR APRIL 22. Mr. Rosland informed the Council that the Annual All-Volunteers Awards Reception is scheduled for April 22 at 5:OO p.m. at the Interlachen Country Club. tions for the award catagories be given to Ceil Smith for submission to the committee. !* SENIORS TRANSPORTATION DISCUSSED. Member Turner informed the Council that last December she received a form letter announcing that Minnegasco was seeking requests for a van for transportation of senior citizens. Matthew Peterson from Suburban Paratransit to assess the need for applying for an additional van and by attending two informational meetings, a decision was made not to bring the request to the Council to apply for the van. The City's present van seemed to be meeting the need of our seniors and also there was no citizen group asking us to apply. Subsequently, the cities of Richfield, Bloomington and Eden Prairie along with the South Hennepin Human Services Council and the Suburban Paratransit did apply and did get a van to serve those three cities. Member Turner said that because she has received questions as to why the City did not apply she is bringing this to the Council's attention. join that partnership if the Council feels it is important to be a part of that project. She said the reasons for not bringing it to the Council were: 1) research indicated there was not a need, 2) this is a three year project only and then the grantee would have to pay the cost of continuing the project or the van goes back to Minnegasco, and 3) the operational expenses are not covered, the receipent pays those costs. Community Action Agency of Suburban Hennepin County for $18,000 for six months' operating expenses. Member Turner added that in the middle of a budget year she felt the City did not have the money for this project, no need was demonstrated and the City probably should not add a new service before the Council's survey was completed on service levels. She indicated that she has received two calls from seniors who asked why the City did not participate. Kelly and Mayor Courtney stated they were in agreement with the decision that was made. No formal action was taken. He asked that any nomina- In talking with City staff and The City can still The group that received the van is applying to the new Members Bredesen, PILOT RECYCLING PROJECT APPROVED FOR DOOR-TO-DOOR PICKUP. Mr. Hughes introduced the members of the Recycling Commission who were present. pilot recycling project was included in the 1986 Budget hearings last Fall and since that time the Commission has attempted to refine the program. He noted . that Janet Chandler, coordinator of the project, has produced most of the data which is being presented. Objectives of the program are: 1) to increase parti- cipation in recycling in Edina, and 2) to determine the feasibility of expanding it to a city-wide program. The pilot project area is bounded by 54th Street on the North, Crosstown Highway on the South, Xerxes Avenue on the East and Highway #lo0 on the West and would include approximately 3,100 households, mostly single family homes. and metal. be leased or purchased jointly with the Park Department (e.g. 3/4 ton pickup which the Park Department anticipates purchasing this year under the Capital Plan) with 40% of the cost being funded by the project. Project would run May through December 1986, with- evaluation this Fall to determine its feasibility to expand it to the City as a whole or enlarge the project area. the budget for the project showing a cost of $27,142 of which 50% will be funded by Hennepin County and 50% by the City which is within the $15,000 budgeted. In addition some grant money may be available from other agencies. Some questions have come up in considering curbside pickup versus doorstep pickup. It is the Commission's recommendation that we allow recyclables to be placed on the curb for pickup in the project. That would require a modification of City ordinances. Advantages of curbside pickup are: 1) less manpower would be required, 2) it would be easier to distinguish between recyclables and garbage if they had different pickup locations, 3) pickup on the curb would remind residents of their day for recyclables pickup.; and 4) 'the type of equipment used for this project is not maneuverable for backing into driveways for doorstep pickup. Advantages of doorstep pickup are: 1) more esthetically pleasing, 2) easier for the recycler to participate and 3) is consistent with City ordinances. Some concern about a double standard was also mentioned. Mr. Hughes pointed out that recycling pro- jects are not going well in other cities (e.g. St. Louis Park and Richfield) who are using contract haulers. personnel and equipment is used which will be more reliable. Council action requested is approval of the pilot project and a decision on curbside or doorstep pickup. The Council Members then debated the issue of curbside versus doorstep pickup. Following considerable discussion, Member Kelly made a motion to approve the pilot project for household pickup of recyclables. Member Turner. He recalled that the The project would provide once a month pick-up of paper, glass Pick-up will be made by parttime City employees, the equipment will Mr. Hughes then presented This pilot project will be the first where City Motion was seconded by Rollcall : 1 Ayes: Kelly, Turner, Courtney Nays: Bredesen, Richards Motion carried. 3/3/86 98 Members Bredesen and Richards said they supported the project but were against the recommendation for curbside pickup. proceed with doorstep pickup. It was concluded that the project would 'METHOD OF GARBAGE PICKUP DISCUSSED. Member Kelly said that the driver who picks up their household garbage has requested that containers be placed at the curb and asked what could be done to have him comply with the ordinance which prohibits this. contact the hauler and advise him of the ordinance requirements. Mr. Rosland suggested this be reported to the Health Department who would LETTER FROM SCOUT REGARDING SNOWPLOWING NOTED. Member Turner asked that staff reply to the letter from Greg Poulton, member of Scout Troop 68, regarding his comments regarding the method of plowing snow. would be sent. LEGAL FEES QUESTIONED. the Dorsey firm pertained to the Homart project and Edinborough. he would check this and get the information to her. I Mr. Rosland responded that a reply Member Turner asked if the substantial legal fees paid to Mr. Rosland said No action was taken. CANTERBURY DOWNS ANNOUNCES EDINA STAKES. received a letter from Canterbury Downs announcing that as a tribute to Edina's support of professional horseracing they have selected one of their major racing events to be named the $30,000-Added, Edina Stakes on Saturday, June 21, 1986. Mr. Rosland advised that Mayor Courtney UPDATE GIVEN ON 50TH STREET PROJECT AND WOODDALE PARK. staff is presently finishing the plans and designs for the 50th Street project and Wooddale Park. Staff has met with state officials regarding 50th Street from Edina Court west and it appears that those costs will basically be covered by State Aid funds. state has not given their answer as yet. If it is not approved for State Aid funding the project will be processed through the normal public hearing for assessed projects. Because of the complexity of the project it will be constructed in two phases: 1) from Edina Court-west to Highway 100 in 1986 and 2) from Edina Court east to Halifax in 1987. A bituminous overlay will be placed on the easterly portion during the interim year. Wooddale Park construction should be completed this summer. No action was taken. Mr. Rosland reported that For the portion from Edina Court east to Halifax Avenue, the . . BRAEMAR BOULEVARD TO BE CLOSED TEMPORARILY. Mr. Rosland advised that Braemar Boulevard has been temporarily closed to traffic until the new roadway construction is completed in the area of the new executive course. BUDGET FORMAT TO BE REVISED. Mr. Rosland informed the Council that staff will be meeting on Saturday, March 22 to review and revise the budget format and that if there is any area of the present format that Council feels could be improved to so advise prior to that meeting. HEARING DATE SET FOR VACATION OF WETLAND EASEMENT - LOT 3, BLOCK 1, THE HABITAT. Mr. Rosland advised that a petition has been received for vacation of a wetland easement on Lot 3, Block 1, The Habitat and that staff would recommend a hearing date be set for April 14, 1986. and moved its adoption: Member Turner introduced the following resolution RESOLUTION CALLING PUBLIC HEARING ON VACATION OF WETLAND EASEMENT BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota as follows: 1. It is hereby found and determined that the following described easement for wetland purposes should be considered for vacation, in accordance with the pro- visions of Minnesota Statutes, Sections 412.851 and 160.29: That part of the Wetland Easement over Lot 3, Block 1, THE HABITAT, lying 7.0 feet East of and adjacent to a line run from a point on the North line of said Lot 3, distant 60.0 feet West of the Northeast corner thereof, to a point on the South line of said Lot 3, distant 93.14 feet southwesterly of the Southeast corner thereof. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and con- spicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: I 3/3/86 99 (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENT FOR WETLAND PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on April14, 1986, at 7:OO p.m. for the purpose of holding a public hearing on the proposed vacation of the following easement for wetland purposes: (Legal description as included in paragraph 1. of this resolution) All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. extent to which such proposed easement 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 or telephone 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 any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Member Kelly. The Council shall consider the Marcella M. Daehn, City Clerk Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. RESOLUTIONS ADOPTED PROHIBITING PARKING ON YORK AVENUE, WEST 76TH STREET AND EDINBOROUGH WAY (EDINBOROUGH PROJECT). Mr. Hoffman explained that tn connection with the street improvements approved earlier in the meeting.to be constructed with the Edinborough project that resolutions would be required prohibiting parking on York Avenue from W. 76th Street to W. 78th Street, on W. 76th Street from Xerxes Avenue to Edinborough Way, and on Edinborough Way. Member Bredesen thereupon introduced the ,following resolutions and moved their adoption: RESOLUTION RELATING..TO PARKING RESTRICTIONS ON S.A.P. 120-020-17 (YOM AVENUE) FROM WEST 76TH STREET TO WEST 78TH STREET IN THE.CITY OF EDINA, MINNESOTA THIS RESOLUTION, passed this 3rd day of March, 1986, by the City of Edina in Hennepin County, Minnesota. called the "City" , WITNESSETH: WHEREAS, the ''City" has planned the' improvement of CSAH 31 (York Avenue) from West 76th Street to West 78th Street, WHEREAS, the "City", will be expending Minicipal State Aid Funds on the improve- ment of this Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restric- tions, and WHEREAS, the extent of these retrictions that would be necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City" , has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED that the "City" shall ban the parking of motor vehicles on both sides of CSAH 31 (York Avenue) at all'times. Dated this 3rd day of March, 1986. The Municipal corporation shall hereinafter be RESOLUTION RELATING TO PARKING RESTRICTIONS ON IN THE CITY OF EDINA, MINNESOTA THIS RESOLUTION, passed this 3rd day of March, 1986, by the City of Edina in Hennepin County, Minnesota. called the "City" , WITNESSETH: WHEREAS, THE "City" has planned the improvement of MSAS 136 (West 76th Street) from Xerxes Avenue to Edinborough Way, WHEREAS, the "City", will be expending Municipal State Aid Funds on the improve- ment of this Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restric- tions, and S.A.P. 120-136-04 FROM XEFXES AVENUE TO EDINBOROUGH WAY . The Municipal corporation shall hereinafter be 3/3/86 WHEREAS, the extent of these restrictions that would be necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City", has been determined. NOW, THEREFORE, IT IS HEREBY RESOLVED that the "Cit9' shall ban the parking of motor vehicles on both sides of MSAS 136 (West 76th Street) at all times. Dated this 3rd day of March, 1986. WHEREAS, the City Council of the City of Edina, Minnesota, has approved the con- struction of Edinborough Way, - 4 BE IT RESOLVED that the City of Edina shall bSn the parking of motor vehicles on both sides of Edinborough Way at all times. Motion for adoption of the resolutions was seconded by Member Kelly. RESOLUTION BANNING PARKING ON EDINBOROUGH WAY Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolutions adopted. ORDINANCE- NOS. llll-A9, 1101-A10 AND 171-A23 ADOPTED ; SECOND READING WAIVED. Mr. Rosland explained that the proposed Ordinance Nos. llll-A9, 1101-A10 and 171-A23 are inter-related and would provide a procedure for the City to place a tax lien against property owners for collection of delinquent water bills and would change the fee for shut off and turn on of water service. recommend their adoption with waiver of Second Reading. Member Kelly introduced the following ordinances and moved their adoption, with waiver of Second Reading: Staff would No comment being heard, ORDINANCE NO. llll-A9 AN ORDINANCE &ENDING ORDINANCE NO. 1111 TO ESTABLISH A TAX LIEN FOR DELINQUENT ACCOUNTS AND TO ESTABLISH SERVICE CHARGES PURSUANT TO ORDINANCE NO. 171 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "(j) Sec. 4 of Ordinance No. 1111 is hereby amended by adding thereto If accounts are delinquent 30 days or longer, said delinquent accounts the following subparagraph (j ) : shall be deemed to be charges against all owners, lessees and occupants of the property served. Auditor of the County of Hennepin, and, if certified, the same shall be collected and the collection thereof enforced in the same manner in all respects, as County and State taxes, and they shall be added to such taxes, subject to like penalty, costs and interest charges; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent accounts and interest under any other available remedy. The County Treasurer of Hennepin County shall, when such delinquent accounts are collected, forthwith pay them over to the City Treasurer." read as follows: water service will be discontinued to any accounts delinquent 45 days." to read as follows: turning on curb stops if done at the customer's request, or if done due to non- I The City may certify such delinquent accounts to the County Sec. 2. Paragraph (c) of Sec. 4 of Ordinance No. 1111 is hereby amended to "(c) Delinquent notices will be mailed 30 days after original bills, and Sec. 3. "(f) Paragraph (f) of Sec. 4 of Ordinance No. 1111 is hereby amended A service charge will be made for shutting off curb stops and for payment of bills. No. 171." and publication. The charge will Sec. 4. This ordinance shall ATTEST : be in the amount established by Ordinance be in full force and effect upon its passage W 31& "21111 w- City Clerk ORDINANCE NO. 1101-A10 AN ORDINANCE AMENDING ORDINANCE NO. 1101 TO PRESERVE REMEDIES IN ADDITION TO CERTIFICATION FOR RECOVERY OF UNPAID CHARGES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "(b) Terms. The gross rates shall apply unless the bill is paid within , Subparagraph (d) of Sec. 1 of Ordinance No. 1101 is hereby amended to read as follows: the discount period, in which case the net rates shall apply. All bills will be payable to the Edina City Hall within 21 days of the date rendered, and no discount shall be allowed after said 21 days have elapsed. charge is not paid within 30 days after the billing date, the City may certify 'the same to the County Auditor of the County of Hennepin, and, and if certified, If such rental 3/3/86 101 the same shall be collected and the collection thereof enforced in the same manner, in all respects as County and State taxes, and they shall be added to such taxes, subject to like penalty, costs and interest charges; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent accounts and interest under any other available remedy. The County Treasurer of Hennepin County shall, when such sewer rental charges are collected, forthwith pay them over ta the City Treasurer. Sec. 2. and Publication. This ordinance shall be in full force-and effect upon its passage ORDINANCE NO. 171-A23 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO CHANGE THE AMOUNTS OF CERTAIN FEES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: A to Ordinance No. 171 are hereby amended to read as follows: Section 1. The amounts of the following described Fee Numbers of Schedule Ordinance Section Purpose of Fee No. No. No. Fee or Charge Amount - 1111 4 (f) Shutting off or turning on $12.50 for each 37i water stops at customer's request or due to non- payment of bill turn on and for each shut off Sec. 2. Fee No. 39h of Schedule A to Ordinance No. 171 relating to Sec. 4(c) of Ordinance No. 1111 and which reads as follows is hereby deleted in its entirety: Restoration of service - $5.00" 11 Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. ATTEST : LJ %&an, BA- City Clerk Motion for adoption of the ordinances was seconded by Member Turner. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Ordinances adopted. CLAIMS PAID. of the following claims as per Pre-List dated 3/3/86: Art Center $506.82, Golf Course Fund $122,959.44, Recreation Center Fund $1,710.53, Gun Range Fund $51.59,. Utility Fund $196,351.84, Liquor Dispensary Fund $2,204.30, Construction Fund $5,883.08, Total $468,458.16. Motion of Member Kelly was seconded by Member Turner for payment General Fund $138,790.20, Ayes:- Bredesen, Kelly, Richards, Turner, Courtney Motion carried. There being no further business on the Council Agenda, Mayor Courtney declared the meeting adjourned at 10:15 p.m. City Clerk L.