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HomeMy WebLinkAbout19860505_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 5, 1986 129 Answering rollcall were Members Richards, Turner and Mayor Courtney. Member Kelly entered the meeting at 7:lO p.m. MINUTES OF REGULAR MEETING OF MARCH 17 APPROVED; MINUTES OF REGULAR MEETING OF APRIL 21 CORRECTED. the Regular Meeting of March 17, 1986 as submitted and to approve the minutes of April 21, 1986 with the following correction: Motion for preliminary plat approval for Woodhaven to read "Member Kelly then moved adoption of the following resolution, subject to these conditions: 1) final plat approval, 2) subdivision dedication, 3) developer's agreement, 4) redevelopment contract, 5) vacation of Summit Avenue and appropriate easements with townhouse owners, and 6) that the sidewalks be extended to the property line. Member Richards made a motion to approve the minutes of Motion was seconded by Member Turner. Ayes: Richards, Turner, Courtney Motion carried. PUBLIC HEARING CONDUCTED ; ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P-L-28 ORDERED. Engineer Fran Hoffman explained that the public hearing on Ornamental Street Lighting Improvement No. P-L-28 had been continued from the meeting of April 21, 1986 to determine which height pole the neighbors wanted. He advised that in talking with the representative of the neighbors that they would like a 30 foot pole for the installation. Richards introduced the following resolution and moved its adoption: No objections or comments being heard, Member RESOLUTION ORDERING IMPROVEMENT ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. L-28 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 improvement: 1. CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P-L-28 IN THE FOLLOWING: Between 4827 and 4821 West Sunnyslope Road and at the hearing held at the time and place specified in said notice, 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, except that the pole be 30 feet in height, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as: Motion for adoption of the resolution was seconded by Member Turner. No. 1 Above ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. L-28 Rollcall : Ayes: Richards, Turner, Courtney I-esolution adopted. FINAL PLAT APPROVED FOR INDIAN HILLS 3RD ADDITION. the request for final plat approval for Indian Hills 3rd Addition, generally located south of McCauley Trail West and west of Gleason Road. He recalled that the Council granted preliminary plat approval for the subject R-1 and R-2 sub- division on August 19, 1985. All conditions for final plat approval have been meet. Mr. Larsen explained that no parkland dedication is required since it is a replat of an existing plat and part of The Timbers plat and creates no new buildable lots.' Staff would recommend final plat approval. No objection or comment being heard, Member Turner introduced the following resolution and moved its adoption: Planner Craig Larsen presented FINAL PLAT APPROVAL GRANTED INDIAN HILLS 3RD ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "INDIAN HILLS 3RD ADDITION", platted by The Minnesota South District of the Lutheran Church-Missouri Synod, a Minnesota non-profit corporation, Cross View Lutheran Church, a Minnesota non-profit corporation, Folke R. Victorsen, Inc., a Minnesota corporation, Gustafson & Associates, Inc., a Minnesota general partnership, and Norwest Bank Bloomington, N.A., and presented at the regular meeting of the City Council of May 5, 1986, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Richards. Rollcall : Ayes: Kelly, Richards, Turner, Courtney Resolution adopted. FINAL PLAT APPROVED FOR DEARBORN ADDITION. for final plat approval for Dearborn Addition, generally located north of Belmore Planner Larsen presented the request 5/5/86 Lane and west of Dearborn Street. He recalled that the Council had granted a concept final plat approval for the subject property on September 17, 1984. Since that time all conditions required for final plat approval have been met and final plat approval is recommended, subject to payment of a subdivision dedication fee based on the creation of four new buildable lots with a land value of $80,000. duced the following resolution and moved its adoption: No objection or comment being heard, Member Richards intro- FINAL PLAT APPROVAL GRANTED FOR DEARBORN ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain pla; entitled "DEARBORN ADDITION", platted by John A. Miller and Wanda TJ. Miller, husband and wife, Miller Properties, Inc., a Minnesota corporation, and Bernard G. Kuenzli and Beverly Elizabeth Kuenzli, husband and wife, and presented at the regular meeting of the City Council of May 5, 1986 be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Turner. I Rollcall : Ayes: Richards, Turner, Courtney Resolution adopted. HEARING DATE SET FOR PLANNING MATTERS. Motion of Member Turner was seconded by Member Richards setting May 19, 1986 as hearing date for the following Planning matters : 1) 2) Preliminary Plat - Valley View Heights 3rd Addition - Generally located south of Valley View Road and east of Tracy Avenue Rezoning - R-1 Single Dwelling Unit District to PRD-3 Planned Residential District - Robert Hansen - Generally located nor+ of Crosstown Highway and east and north of Vernon Court Ayes: Richards, Turner, Courtney Motion carried. (Member Kelly entered the meeting at this point on the Agenda.) PUBLIC HEARING CONDUCTED ON PROPOSED AMENDMENTS TO ORDINANCE NO. 1031 (STORAGE OF RECREATIONAL VEHICLES) ; ORDINANCE NO. 312 (DOG ENCLOSURE SETBACKS) ; ORDINANCE lATORS ~ AND PLAYGROUND EQUIPMENT, HEIGHT RESTRICTIONS FOR WIND GENERATORS AND SOLAR PUBLIC HEARING CONDUCTED ON PROPOSED AMENDMENTS TO ORDINANCE NO. 1031 (STORAGE OF RECREATIONAL VEHICLES) ; ORDINANCE NO. 312 (DOG ENCLOSURE SETBACKS) ; ORDINANCE NO. 825 (SETBACK FOR SKATEBOARD RAMPS, LOCATION OF A.C. COMPRESSORS, GENERATORS AND PLAYGROUND EQUIPMENT, HEIGHT RESTRICTIONS FOR WIND GENERATORS AND SOLAR COLLECTORS). placed on file. hearing to consider amendments to three City ordinances. Affidavits of Notice were presented by Clerk, approved and ordered Mayor Courtney stated that the Council has ordered this public These amendments are - a result of Council review of all nuisance and accessory use ordinances. considering the recommendation of the Community Development and Planning Com- mission, the Council ordered staff to prepare the amendments. Mayor Courtney stated that Mr. Larsen would explain each of the amendments and then testimony would be taken on each. Ordinance No. 1031 - Bfr. Larsen stated that Ordinance No. 1031-A3 is an amend- ment to the imisance ordinance which addresses among other things the permitted s+n::age of recreational vehicles. ~f "rc-reational vehicles" and the existing permitted location for storage in P-l, R2 and PRD 1-2 Districts as on the driveway not within 15 feet of street curb and not within 5 feet of the lot line; one vehicle per dwelling unit. The amend- ment proposes they be stored in a garage or other lawfully construction building; no restriction as to number. Speaking in opposition to the proposed amendment were: C. M. Simonson, 305 Harrison Avenue So.; MagedCindy Daoud, 5716 Tracy Ave.; Mibby Perry, 4724 W. 70th Street; Mrs. Joe Givens, 6566 France Avenue; Betty Gustafson, 4312 Branson Avenue; Jim Peterson, Custom Coach, 805 Excelsior Ave.; Tom Antool, 4509 Andover Road; Bob Konzelman, 6529 Wilryan Avenue; Vern Palmer, 7500 Cahill Road; heal Page, 4504 TJ. 64th Street; S. T. Robb, 6212 Rolf Avenue; John Erickson, 5805 Concord Avenue; John Davis, 5712 Code Avenue; Frank Oslund, 4141 Parklawn Avenue; William Basill, 5045 Windsor Avenue; Jim Grotz, 5513 Park Place; John Sias, 6204 Ewing Avenue So.; Bob Singer, 6112 Idylwood Avenue; Rose Marie Nickols, 6521 Cherokee Trail; Gary Huber, 5406 York Avenue So.; Lee Ildstad, 5317 Windsor Avenue; Jean Konzelman, 6529 IJilryan Avenue; Tom Condon, 417 Jackson Avenue; Dennis Winter, 409 Jackson Avenue; Joel Hanse, 305 Adams Avenue; John Laederach, 4633 Bruce Avenue; Lou Opperman, 5713 Melody Lane; Loren Schoenzeit, 7120 Fleetwood Drive; Brent Hofer, 5321 Lockmoor Drive; Don Nelson, 6709 Indian Hills Road; Jim Miller, 4920 Trillium Lane; Ken Lee, 5108 Roberts Place; Roger Post, 5501KnollDrive; Alice Burnell, 5416 Creek View Lane; Paul Burke, 27 Circle West; Lucille Johnson, 6304 Westwood Court; Bob Klein, 7300 Claredon Drive; Joe Hauser, 5045 W. 66th Street; Olaf Lee, 6037 Oaklawn Avenue; William Douglas, 4409 Branson Street; Howard Walters, 420 John Street; and Jane Linton, 4509 And- over Road. Mayor Courtney then asked the Council for their comments. Turner stated that in view of the discussions the Council had in looking at all the ordinances with regard to nuisances, setback requirements, etc. several months ago, and in view of the comments made at this meeting, she had not changed her opinion from the first discussions and believes that the ordinance should After He presented a graphic showing the definition I Mackey, 4617 N. 56th Street; Rebecca Milanese, 6404 Wilryan Avenue; Paul _. Member . 131 remain as it is. allowing people to have at least one recreational vehicle. adding that one extra vehicle per household is all that should be stored in the driveway. obviously a perception of what the proposed ordinance does or intends. it is important for everyone at this hearing to understand that zoning is a proper tool to make this community a better place in which to live and that we do have strict code enforcement; that in most part ordinances are designed to make this a better community. He added that from the comments made, many are sensitive to their neighbors and have tried to respond in a reasonable fashion as to how to be a good neighbor; that there are others who disregard their neighbor's concerns, abuse the ordinances and are not sensitive to things that impact their neighbors. able regulation of.zoning, which has been validated, and would support doing something but that there is not the consensus to do it. Mayor Courtney said he had not changed his opinion that the proposed amendment would govern more than the Council should; that one of the efforts of the Council has been to reduce the making of rules. and that the comments made helped confirm his position. to action to be taken to clarify the Council's position, Member Turner made a motion not to amend Ordinance No. 1031 as proposed. Motion was seconded by Member Kelly. It provides a combination of both reasonable restrictions with Member Kelly agreed, Member Richards commented that from the discussion there is That He said he felt there should be proper and reason- . Therefore, he could not support the amendment After discussion as Ayes: Kelly, Turner, Courtney Nays: Richards Motion carried. Ordinance No. 312 - Mr. Larsen explained that Ordinance No. 312-A2 would amend the animal control ordinance with regard to acceptable locations for a dog enclosure. closer than 20 feet to any property line; must be screened from view of adjacent property by dense vegetation or fencing of 90 percent opacity. tive, the entire rear yard may be enclosed for keeping the dog. amendment would provide that no dog enclosure be constructed closer to the allowed buildable area on any adjacent lot than it is to the principal building on the lot on which it is located. The intent is that it be located closer to the dog owner's house than to the neighbor's house. Mrs. Shulton, Hansen Road, asked if the dog enclosure could be located at their rear yard up to the rail- road tracks. Mr. Larsen clarified that it must be 20 feet from all property lines, or the entire rear yard could be fenced for the keeping of the dog. Mrs. Shulton said she objected to the 20 foot setback requirement. no further comment, Member Richards moved adoption of Ordinance No. 312-A2 as proposed. Member Turner stated she could not support the amendment because it is not consistent with other setback requirements such as gazeboes, swimming pools, tennis courts, etc. Mayor Courtney then called the motion. Presently, a dog enclosure must be placed only in a rear yard no In the alterna- The proposed There being Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards Nays: Turner, Courtney Motion failed. Ordinance No. 825 - Mr. Larsen explained that three portions of the Zoning Ordinance are proposed to be amended as follows: 1) In addition to the required 5-foot setback, emergency power generators, air conditioning compressors and playground equipment would only be allowed in the rear yard, 2) Setback require- ments would be added for skateboard ramps, and 3) Wind generators and solar collectors would be limited to the height of the principal dwelling, or 30 feet, whichever is less. skateboard ramps in the Single Dwelling Unit District (R-1): Front 30', Side Street 50', Interior Side Yard 50' and Rear 50'. Mayor Courtney commented that many complaints were received regarding two skateboard ramps which had been built and that because they did not comply with the Zoning Ordinance the owners were asked to take them down. Member Turner asked if skateboard ramps were defined in the Ordinance. Mr. Rosland said they were not, and that the proposed amendment was intended to address full ramps with footings, and not quarter ramps. Member Richards commented that many individuals have expressed their concern about unreasonable regulation of their private property and that he felt this would fall in that category and is no different than swimming pools, gazeboes, etc. and that the setback requirements should be no different. Member Kelly raised the question of whether height should be considered in an amendment. Member Turner suggested that the amendment should include a definition of skate- board ramps and that she felt setback requirements sould be consistent with those for swimming pools. this matter so that staff could address the issues raised by the Council. formal action was taken. currently a 5-foot sideyard setback is required for emergency power generators and air conditioning compressors. requirements for playground equipment. The amendment would add the additional requirement that they shall be located only in the rear yard. Section 11, Paragraph F - Would provide these setbacks for After some discussion, it was generally agreed to continue Section 11, Paragraph G - Mr. Larsen pointed out that No There are no current setback or location Member Kelly 5/5/86 132 asked if an air conditioner compressor now located in a sideyard needs to be replaced, would it then have to be relocated in the rear yard. If the amend- ment is adopted, Mr. Larsen said it was his opinion that it would have to comply or receive a variance. Member Kelly said she could not support the amendment if it meant considerable expense to the owner to relocate the air conditioner in the rear yard. the amendment should only apply to new air conditioners, not replacement units. Speaking in opposition to the proposed amendment were Paul Laederach, 4633 Bruce Avenue and an unidentified man. There being no further comment, Member Richards offered First Reading of the amendment to Ordinance No. 825, Section 11, Paragraph G providing that emergency power generators, air conditioning compressors, and playground equipment shall be located only in the rear yard. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards, Courtney Nays: Turner First Reading granted. Mayor Courtney said he agreed with that position and that Section 11, Paragraph F, Subparagraph 3 - Mr. Larsen explained that currently wind generators and solar collectors are limited to a maximum height of 30 feet. The amendment would add the additional requirement that they be no greater in height than the principal structure. Member Turner asked if existing generators and collectors would be grandfathered in; be.. Maged Daoud, 5716 Tracy Avenue, commented that for a one story house if wind generators are limited to no greater height than the principal structure it would be useless. of the amendment to Ordinance No. 825, Section 11, Paragraph F, Subparagraph 3, providing that wind generators and solar collectors shall be limited to 30 feet or the height of the principal structure, whichever is less. by Member Kelly. Mr. Larsen responded that they would There being no further comment, Member Richards offered First Reading Motion was seconded Rollcall : Ayes: Kelly, Richards, Courtney Nays: Turner First Reading granted. STREET NAME CHANGE ORDINANCE NO. 16 ADOPTED; EAST VIEW DRIVE CHANGED TO EASTVIEW DRIVE. on file. Drive to "Eastview Drive". No comment or objection being heard, Member Kelly moved adoption of Ordinance No. 16, with waiver of Second Reading as follows: I: Affidavits of Notice were presented by Clerk, approved and ordered placed Mr. Rosland presented the petition for change of name of East View STREET NAME CHANGE OWINANCE NO. 16 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sec. 2. East View Drive is hereby renamed "Eastview Drive". This Ordinance shall be in full force and effect immediately upon passage and publication. ATT:'E$? - %d%.lL& City Clerk Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes: Kelly, Richards, Turner, Courtney Ordinance adopted. ~. . (Member Richards asked to be excused during the public hearing on Cable rV.) PUBLIC HEARING CONDUCTED ON CABLE TV FRANCHISE; RESOLUTION ADOPTED GIVING PRELIMINARY APPROVAL TO CHANGE'OF OWNERSHIP AND REFINANCING PLAN. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Mr. Rosland recalled that the Council adopted the Relief Ordinance intended to provide financial relief to Rogers Cablesystems who is the Grantee of the cable TV franchise for the member cities of SWSCC. The Relief Ordinance provided for a modification of Roger's obligations for a period of time in order to permit them to refinance their long-term debt. Rogers has now proposed a refinancing plan and is seeking approval by the member cities. The plan has been recommended for approval by the Operating Committee and SWSCC. The plan provides for a change in ownership of Rogers' general partner through a transfer of shares to Rogers American Cable Corp., a wholly-owned subsidiary of Robers Cablesystems of America. This transfer will strengthen the finacial position of Rogers and will facilitate the refinancing of their debt. Mr. Rosland stated that Cliff Williams, General Manager of Rogers Cablesystems, was present to answer questions. comment or objections from the public. Member Kelly then moved adoption of the following resolution: There was no *. A RESOLUTION GIVING PRELIMINARY APPROVAL TO A CHANGE OF OWNERSHIP AND OF A REFINANCING PLAN OF THE CITY'S CABLE TELEVISION FRANCHISE 5/5/86 133 WHEREAS, the City of Edina, Minnesota, ("City") has granted a cable tele- vision franchise ("the Franchise") to Rogers Cablesystems of Minnesota Limited Partnership ("the Grantee") pursuant to City's cable communications ordinance ("the Franchise Ordinance") ; and WHEREAS, City has also adopted an ordinance (the "Relief Ordinance") intended to provide financial relief to Grantee by providing for a modification of Grantee's obligations for a period of time in order to permit refinancing of Grantee's long-term debt and to enhance its financial viability; and WHEREAS, Grantee has now proposed a refinancing plan, as contemplated by the Franchise Ordinance and the Relief Ordinance and seeks approval of such plan; and WHEREAS, Rogers Cable systems of Minnesota, Inc. ("RCMI") is the general partner of Grantee and is a wholly-owned subsidiary of Robers U.S. Cablesystems, . Inc . ("RUSCI") ; and WHEREAS, the proposed refinancing calls for a change in ownership of Grantee's general partner through transfer of the ownership of the shares of RCMI from RUSCI to Rogers American Cable Corp. ("RACC"), a sholly-owned subsidiary of Robers Cablesystems of America, Inc. (RCA"); and WHEREAS, RCMI has represented to the Southwest Suburban Cable Communications Commission ("SWSCC"), which acts on behalf of the City on certain matters related to cable television, that in conjunction with the proposed refinancing of Grantee, RCA will make use of its line of credit from time to time as necessary to provide funds to Grantee to meet operating expenses and debt service payments; and WHEREAS, it has also been represented by Grantee to SWSCC that such transfer of stock ownership of RCMI will strengthen the financial position of RCMI and will facilitate the refinancing of Grantee's long-term debt; and WHEREAS, SWSCC has engaged the firm of Touch -Ross, certified public accountants, to review this proposed transfer of stock ownership of RCMI and the proposed refinancing; and WHEREAS, Touche Ross has made an interim report to SWSCC indicating that the proposed refinancing will lighten the debt service burden of Grantee through a reduction of interest rates and an extension of the loan period; and WHEREAS, Touche Ross recommend that, before final approval of such proposed refinancing and stock ownership transfer, certain additional information be provided and certain written commitments by made by RACC and RCA: and WHEREAS, RACC has indicated that it will offer to purchase the interests of all the individual limited partners of Grantee, which offer, if accepted, will also result in a change in ownership of Grantee; and WHEREAS, Minnesota Statutes Section 238.083, and Article XI1 of the Franchise Ordinance, require City approval of any change in ownership of Grantee; and WHEREAS, Article 11, Section 4, of the Franchise Ordinance provides for a four-year extension of the Franchise if Grantee completes refinancing of its existing long-term indebtedness before December 31, 1987, and provides written evidence thereof acceptable to the City; and WHEREAS, it appears that the proposed change of ownership will not adversely affect the Grantee's subscribers; and WHEREAS, it appears that the proposed refinancing is likely to benefit Grantee and may, in turn, permit Grantee to provide better service to its subscribers than it would otherwise be able to provide. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City herewith gives preliminary approval to the following actions: A. -The transfer of the stock of RCMI from RUSCI to MCC; B. The purchase of the interests of the limited partners of Grantee by MCC: i C. Ordinance. 2. Final approval of these actions will be considered by City, upon the occurence of the following: evidencing that Grantee has refinanced its long term debt as contemplated by Article 11, Section 4, of the Franchise Ordinance and as represented to SWSCC. to City, that it will provide financial assistance as necessary to Grantee, during the term of the refinancing loan, to enable Grantee to meet its operating expenses and debt service payments. the stock of RCMI has been transferred from RUSCI to RACC and that all actions incident to such transfer have been duly authorized and taken. a guarantee of RCMI's performance of the Franchise Ordinance, the Relief The refinancing of the long-term debt of Grantee as proposed to ._ . SWSCC and as contemplated in Article 11, Section 4, of the Franchise A. Grantee has filed with City copies of executed loan documents B. RCA has given written contractual commitment to City, satisfactory C. Grantee, RCMI or RACC have certified to City that the ownership of D. RACC has executed and delivered to City an acceptance and (with RCA) . 5/5/86 Ordinance and the Performance Agreement between City and Grantee, accompanied by such opinions of counsel as are required by Article XIV of the Franchise Ordinance. E. the actions described in paragraph 1 of this Resolution. F. grant final approval of the actions described in paragraph 1 of this Resolution. 3. this Resolution, the City will execute and deliver an agreement with Grantee evidencing extension of the Franchise to December 31, 1999. Motion for adoption of the resolution was seconded by Member Turner. SWSCC has recommended to City that it give final approval of The other Cities which are members of SWSCC have granted or will Upon final City approval of the actions described in paragraph 1 of Rollcall : Ayes: Kelly, Richards, Turner, Courtney Resolution adopted. (Member Richards returned to the meeting following the Cable TV hearing.) . -- .. BID AWARDED FOR IMPROVEMENT NOS. SS-373, WM-358, ST.S-179 AND (2-142 (EDINA OAKS). Mr. Rosland presented tabulation of bids for Sanitary Sewer Improvement No. SS-273, Watermain Improvement No. WM-358, Storm Sewer Improvement No. St.S.-179 and Grading/Graveling Improvement No. C-142 for the Edina Oaks subdivision, as follows: Bidder Section A Section B Section C Section D Total G. L. Contracting, Inc. $ 8,978.97 $ 9,238.80 $4,442.20. $7,139.54 $29,799.51 Encon Utilities 11,332.00 11,065.25 5,950.00 7,978.75 36,326.00 0. & P. Contracting 12,583.31 10,578.65 6,437.50 7.026.00 36,625.46 Motion of Member Turner was seconded by Member Kelly for award of bid to the recommended low bidder, G. L. Contracting, Inc., at $29,799.51. Ayes: Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR A.C. REPLACEMENT UNITS AT CITY HALL. Mr. Rosland presented tabulation of bids for replacement of two A.C. units at City Hall showing Bryant Air Conditioning at $6,260.00, Trane Company at $8,274.00 and Centraire at $9,070.00. Motion’of Member Turner was seconded by Member Kelly for award of bid to recommended low bidder, Bryant Air Conditioning, at $6,260.00. Ayes: Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR RETAINING WALL REPAIR. Mr. Rosland presented tabulation of bids for repair of the retaining wall on Waterman Avenue showing Bjorks Country Stone at $8,820.00, Lauseng Stone at $13,580.00 and McFarlane’s, Inc. at $15,260.00. Bids for equipment and labor to construct the retaining wall were Bjork Country Stone at $6,028.00 and Sunram Landscaping at $7,975.00. Motion of Member Kelly was seconded by Member Kelly for award of bid to recommended low bidder, Bjorks Country Stone, at $8,820.00 for stone and at $6,048.00 for equipment and labor. Ayes: Kelly, Richards, Turner, Courtney Motion carried. ”. BID AWARDED FOR METAL ROOF FOR BRIAN WIPPER” GUN RANGE. the bid of Nordwest Builders at $9,998.00 for a metal roof for Brian Wipperman Gun Range, advising that Nordwest is the only supplier of this roofing material which has proved to be superior for flat roofs. seconded by Member Turner for award of bid to Nordwest Builders at $9,998.00. Mr. Rosland presented Motion of Member Kelly was Ayes: Kelly, Richards, Turner, Courtney Motion carried. ’ AWARD OF BID CONFIRMED FOR PUBLIC OFFICmS/POLICE PROFESSIONAL LIABILITY INSURANCE. Mr. Rosland asked for confirmation of award of bid for public officials and police .. professional liability insurance. imately $18,000 over a two-year period. Motion of Member Kelly was seconded by Member Turner confirming the award of bid for liability insurance at $10,597.00 with Markel: Service, Inc. (National Casualty) for public officials and at $30,073.00 with Imperial Casualty for police professional. He explained that this is an increase of Lpprox- . Ayes: .Kelly, Turner, Courtney Nays : Richards Motion carried. (Member Kelly asked to be excused at this point in the meeting.) HENNEPIN COUNTY TRANSFER STATION SITE IN HOPKINS DISCUSSED. Member Turner said that she had received a telephone call from a resident regarding a hearing on May 6, 1986, at Hennepin County regarding the Hennepin County Transfer Station site in Hopkins and that she had informed the resident that following the Council meeting of January 27, 1986, at which the Council had heard concerns of residents regarding the proposed site a letter was written to the county expressing those 5/5/86 135 cy) Ln I: rn a concerns. Member Turner added that she felt the action taken in January was adequate and was on record with the county. No formal action was taken. ON-SALE BEER LICENSE APPROVED FOR PANTRY RESTAURANT. Mr. Rosland advised that an application for an On-sale Beer License for the Pantry Restaurant, 5101 Arcadia Avenue, has been approved by. the Police and Health Departments and is recommended for Council approval. within 500 feet of the restaurant. Motion of member Turner was seconded by Member Richards approving the On-sale Beer License for the Pantry Restaurant. He noted that there is no residential property Ayes: Richards, Turner, Courtney Motion carried. (Member Kelly returned to the meeting at this point.) MASSAGE LICENSE ORDINANCE NO. 1353 REQUIREMENTS DISCUSSED. Mr. Rosland explained that it has come to staff's attention that Sister Rosalind Gefre is presently running a professional massage center in the Southdale Medical Center. Under the present requirements of Ordinance No. 1353 she now must apply for a business license inst'ead of an individual massage license. The fees for a business license are expensive, being $3,000 for the license and $1,500 for investigation. The ordinance was drafted to make sure that the City could look at any fulltime massage parlor with a strict eye. who insists that she has a truly professional therapeutic massage service and has asked that therapeutic massage be considered differently than massage under the ordinance and that she is working on getting therapeutic massage licensed by the State of Minnesota. After some discussion as to various approaches or alternatives, it was informally agreed that Mr. Rosland would work with Sister Gefre on alternatives which would not waive the present ordinance requirements. Mr. Rosland said he has met with Sister Gefre EDINA HISTORICAL SOCIETY RELOCATION STUDY DISCUSSED. Mr. Rosland reported that he will be meeting with the Edina Historical Society regarding the relocation study which has been given to the Council and that they will bring their recommendations and financing plans to the Council at a later date. action was taken. No formal BLOOMINGTON/HOMART ROAD PROJECT TO BE DISC.USSED ON JUNE 2. that a letter had been received from the City of Bloomington regarding Mr. Hoffman said construction of 77th Street along the common boundary west of France Avenue which they would like to construct during 1986 and is requesting the participa- tion of the City of Edina. settlement was made it was agreed that Edina would allow Bloomington to build the road and the right of way to be used for its construction. Rental Systems, Inc. has requested by letter that, because of traffic patterns they believe will exist along their south property.line as'soon as 77th Street is connected to France Avenue, the link road be constructed to Parklawn Avenue. After some discussion as to holding a public hearing on the issue, it was informally agreed to place the item on the June 2 Council Agenda for discussion purposes and to invite National Car Rental to present their comments. NO formal action was taken. He recalled that in November of 1985 when the Homart National Car PARK & RECREATION DEPARTMENT ACTIVITIES CALENDAR DISCUSSED. Member Turner said she was pleased to see the elementary and secondary school calendars, together with the First Call For Help telephone number, in the new 1986-87 Park & Recre- ation Activities Calendar and thanked Member Kelly for suggesting they be included. LEAVE OF ABSENCE,FROM HERITAGE PRESERVATION BOARD CONSIDERED. Mayor Courtney advised that a member of the Heritage Preservation Board has requested a three month's leave of absence from serving on the Board. Mr. Rosland said he would get more information regarding the request and would bring that back to the Council at its next meeting for action. After some discussion LAKF, MINNETONKA/MINNEHAHA CREEK LEVELS NOTED. Mr. Rosland reported that water levels in Lake Minnetonka are above the dam and that there is flooding upstream and downstream on Minnehaha Creek. sandbagged several residences that were in danger of flooding above the cascade area and will do its best to protect properties along the Creek. No action was taken . SPECIAL COUNCIL MEETING RESCHEDULED FOR JUNE 9. Due to conflicts for some of the staff, Mr. Rosland suggested that the special Council meeting scheduled for Saturday, May 31, to discuss Strategic Planning and the Role of Council with Surrounding Communities, be rescheduled and combined with the special meeting on June 9 to discuss Survey results. Motion of Member Kelly was seconded by Member Turner to reschedule and combine Strategic Planning with the Survey results on June 9 and if more time is needed that the Counci.1 again meet on June 23 to continue the discussion. The City is offering sandbagging and have 5/5/86 Ayes: Kelly, Richards, Turner, Courtney Motion carried. COMPUTER ROOM FOR SERVICE CLUBS APPROVED. Mr. Rosland advised that The Edina Foundation is purchasing a computer for use by the various service organizations and will finance any remodeling to provide an area for its location in City Hall. He stated that space in the telephone room on the lower level is available and that the key would be controlled by the Police Department. was seconded by Member Turner approving locating the computer in the telephone room in City Hall, with the understanding that all costs would be paid by The Edina Foundation. * Motion carried. Motion of Member Kelly Ayes: Kelly, Richards, Turner, Courtney PETITION FOR STORM SETJE.R EXTENTION REFERRED TO ENGINEERING DEPARTMENT. being advised that a petition has been received for a storm sewer extention between Mait Lane and Annaway Drive, Member Kelly's motion was seconded by Member Turner to accept the petition and to refer it to the Engineering Depart- ment for processing. Ayes: Kelly, Richards, Turner, Courtney Motion carried. Upon CONNECTION CHARGES LEVIED FOR SANITARY SEWER NO. SS-264 AND WATERMAIN NO. TJM-227. ' Mr. Rosland-recalled that the matter of levy of connection charges for sanitary sewer and watermain for 7015 Lee Valley Circle had been continued from the meeting of April 14, 1986 for the purpose of clarification between buyer and seller of the lot. He advised that the charge has not been paid and recommended that it be levied. adoption : Member Kelly then introduced the following resolution and moved its RF, SOLUT ION BE IT RESOLVED that the Edina City Council does hereby authorize the assessment of connection charges for Sanitary Sewer Improvement No. SS-265 in the amount of $1,119.37 and Watermain Improvement No. T@I-227 in the amount of $625.81 to be levied against Lot 2, Block 1, Svanoe Addition (PIN #08-116-21-21-0085), 7015 Lee Valley Circle, payable over a period of six (6) years, with the first payment collectible with real estate taxes payable in 1987, and with interest on the entire assessment at the rate of 7.5% per annum. I Rollcall : Ayes: Kelly, Richards, Turner, Courtney Resolution adopted. DRAFT ORDINANCE TO PROHIBIT SKATEBOARDING FROM CERTAIN PUBLIC AREAS GIVEN FIRST READING. public hearings conducted earlier in the meeting on proposed ordinance amendments.) Mr. Rosland explained that the issue of restricting skateboarding in certain public areas of the City was proposed by the 50th & France Business/Professional Assn. Board cf Directors and that a draft ordinance has been prepared for Council's . consict-cation. Speaking in favor of the draft-ordinance were: Perry Anderson, representing the 50th and France Business & Professional Association and Maged Daoud, 5716 Tracy Avenue. Judy Henderson, 5018 Normandale Court. the safety of both skateboarders and pedestrians in commercial areas, Member Kelly introduced the Draft Ordinance for First Reading as follows: (Public comment on this draft ordinance was taken together with the Speaking in opposition to the proposed ordinance was Commenting that she was concerned for AN ORDINANCE TO PROHIBIT SKATEBOARDING FROM CERTAIN PUBLIC AREAS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Skateboarding may be prohibited from certain public areas in the City of Edina at the discretion of the City Manager. shall be prominently posted or publicly announced where the prohibition is intended to apply. to a misdemeanor. and publication. CLAIMS PAID. of the following claims as per Pre-List dated 5/5/86: Art Center $2,597.86, Swimming Pool Fund $20.00, Golf Course Fund $77,842.31, Recreation Center Fund $1,820.63, Gun Range Fund $149.67, Utility Fund $217,519.21, Liquor Dispensary Fund $2,811.27, Construction Fund $12,061.76, These public places Any person who violates this ordinance may be prosecuted as Sec. 2. This ordinance shall be in full force and effect upon its passage Motion of Member Kelly was seconded by Member Turner for payment General Fund $122,958.09, ' Total $437,780.80. Ayes: Kelly, Richards, Turner, Courtney Motion carried. There being no further business on the agenda, Mayor Courtney declared the meeting adjourned at 10:45 p.m.