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HomeMy WebLinkAbout19860616_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 16, 1986 161 Answering rollcall were Members Kelly, Richards, Turner and Mayor Courtney. Member Bredesen entered the meeting at 7:05 p.m. EDINA HIGH SCHOOL ATHLETIC TEAMS COMMENDED. Resolutions of commendaton for the following Edina High School athletic teams were unanimously adopted upon motion of Member Kelly, seconded by Member Turner: Boys' Tennis Team, Boys' Baseball Team, Boys' Golf Team, Girls' Golf Team and Girl's Track Team represented by Jennifer Larson. MINUTES of the Regular Meetings of April 14 and May 19 and the Special Meeting of April 28, 1986, were approved as submitted by motion of Member Kelly, seconded by Member Turner. Ayes: Kelly, Richards, Turner, Courtney Motion carried. FINAL PLAN APPROVED FOR FRANCE AVENUE IMPROVEMENT; VARIANCE AND NO PARKING RESOLUTIONS ADOPTED. Engineer Fran Hoffman recalled that on August 16, 1984, the Engineering Department had held an informal meeting with residents and property owners abutting zhe segment of France Avenue proposed to be recon- structed to get their input and to express any concerns they might have. project is reconstruction of France Avenue from W. 49% Street to Excelsior Boulevard and is a cooperative project involving the Minnesota Department of Transportation (MNDOT), Hennepin County and cities of Minneapolis, St. Louis Park and Edina. A preliminary plan hearing was conducted on January 7, 1985 and covered three aspects: 1) width of roadway, 2) parking and 3) sidewalks to be constructed. The preliminary plan was approved and a variance request as to width was submitted to the State of Minnesota which has been granted. Mr. Hoffman then presented the final plan design as follows: The Location Existing Width Proposed Width Parking-West Side W. 49% Street to W. 49th St. 41.5' 42 ' No W. 49th Street to W. 45th St. 43.5 ' 42 ' No W. 45th St. to Morningside Rd. 41.0' 48 ' Yes Morningside Rd to W. 40th St. 33.0' 40 ' No Mr. Hoffman stated that the roadway is currently control1ed:by HNDOT, majority of the cost of the project will be funded by the State and when completed the roadway will be turned back to Hennepin County as a continuation of County Road 17. 1985. real need or desire for on street parking and the plan design only provides on street parking in the business area of 44th and France. Acquisition of 10 feet of right for the 4300 block will be required to add a sidewalk and for snow storage. Action requested by the Council is for 1) final plan approval, 2) adoption of a variance resolution and 3) adoption of a no parking resolution. Member Turner asked for clarification of sidewalks on the west side. Mr. Hoffman said sidewalks would be constructed where they now exist and the only except- .ion will be the one block between W. 48th and W. 47th Streets where construct- ion of a sidewalk is not very feasible. 4324 and 4328 France, stated he had an inclined driveway now and asked how that would be handled after acquisition of additional right of way. man responded that they would go back 35 feet to lower that grade. 4352 France Avenue, asked how his hedge would be handled. that the hedge would be moved back. if her large elm tree would be removed. show any tree to be removed at that location. As to retaining walls, he explained that if there is a retaining wall there now it will be replaced; if an area needs a retaining wall that decision will be made in the field with the resident as to sloping the grade more or putting in a retaining wall. Mr. Hoffman noted that if the State does not cover all the costs of the project an assessment hearing may be necessary when final costs are determined. objections being heard, Member Richards introduced the following resolutions and moved their adoption: RESOLUTION APPROVING FINAL PLAN FOR FRANCE AVENUE IMPROVEMENT (Business area) The final plan design is basically the same as presented on January 7, He advised that in speaking with the residents there appears to be no Glen Eaton, owner of property at Mr. Hoff- Jim O'Brien, Mr. Hoffman said A resident at 4350 France Avenue asked Mr. Hoffman said the plan does not ' No WHEREAS, the planned reconstruction of France Avenue from West 49 1/2 Street to Excelsior Boulevard is a cooperative project involving the Minnesota Department of Transportation, Hennepin County and the cities of Minneapolis, St. Louis Park and Edina; and WHEREAS, the Construction Plan For Widening And Paving France Avenue South, S.P. No. 2728-49, S.A.P. No. 120-010-02, 141-010-09, showing proposed align- ment, profiles, grades, and cross sections has been prepared and presented to the City; . 162 NOW, THEREFORE, IT IS RESOLVED: Th 6 /16 / 86 t said plan be in all thi gs approved. RESOLUTION WHEREAS, the planned reconstruction of France Avenue from West 49 1/2 Street to Excelsior Boulevard is a cooperative project involving the Minnesota Depart- ment of Transportation (MNDOT), Hennepin County and the cities of Minneapolis, St. Louis Park and Edina (the Cities); and Wf-IEREAS, the Cities have submitted a request to MNDOT for a variance from Minnesota State Aid Rules, Section 8820.9912 so as to permit a street width of 38 feet with two traffic lanes and one parking lane between West 49 1/2 and West 45th Streets and to permit a street width of 48 feet with 2 traffic lanes and 2 parking lanes between West 45th and West 44th Streets and to permit a street width of 36 feet with two traffic lanes and one parking lane between West 39th Street and Excelsior Boulevard; and WHEREAS, MNDOT, by letter from Richard P. Braun, Commissioner of MNDOT, dated April 15, 1985, has granted the variance conditioned upon receipt of resolutions by the councils of the Cities that indemnifies, saves and holds harmless the State of Minnesota to the extent below provided; NOW, THEREFORE, BE fT RESOLVED that the City Council of the City of Edina, Minnesota, hereby agrees to save and hold harmless the State of Minnesota, and all its agents and employees, of and from any and all claims, demands, actions or causes of actions of any nature or character arising out of or by reason of, in any manner, (i) the reconstruction of France Avenue from West 49 1/2 Street to West 44th Street in any other manner than a 62' street, and (ii) the reconstruction of France Avenue from West 39th Street to Excelsior Boulevard in any other manner than as a 38' wide street, in accordance with the Minnesota State Aid Rules, Section 8820.9912; and BE IT FURTHER RESOLVED that the City Council of the City of Edina, Minnesota, agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of the above referenced variance. RESOLUTION RELATING TO.PARKING RESTRICTIONS ON . S.A.P. 120-010-02 FROM WEST 49 1/2 STREET TO TJEST 40TH STREET 'THIS RESOLUTION, passed this 16th day of June, 1986, by the City of Edina in Hennepin County, Minnesota. called the "City", WITNESSETH: . WHEREAS, the "City" has planned the improvement of T.H. 121 from West 49 1/2 Street to West 40th Street; 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 WHEREAS, the extent of these restrictions that would be a necessary pre-requisite 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 the west side of T.H. 121 at all times except between West 45th Street and Morningside Road. Motion for adoption of the resolutions was seconded by Member Turner. The Municipal corporation shall hereinafter be Rollcall : Ayes: Resolutions adopted. Bredesen, Kelly, Richards, Turner, Courtney I *- PUBLIC HEARING CONDUCTED ON MAIT LANE STORM SEWER IMPROVEMENT h0. P-ST.S.-181; CONSTRUCTION NOT ORDERED. Affidavits of Notice were presented, approved and ordered placed on file. Engineer Hoffman stated that this public hearing is being held as a result of a petition of property owners at 5800 and 5804 Mait Lane and 4601 Annaway Drive and also affects the property owner at 4616 Meri- lane. backyards of these properties. storm sewer is on Merilane and the proposed project would involve the install- ation of a storm sewer pipe to the corner of the four adjacent backyards with drain tile going into the pipe from various locations. cost for this project is $22,849.15 to be assessed against four lots at $5,712.29 each proposed to be assessed over a ten year period with interest. Mr. Hoffman said that he has been contacted by two of the property owners regarding the high cost of the project and he had suggested that together the four property owners look at improving drainage to the north which is the way the drainage has gone historically. Bruce Douglas, representing Jeanette Pomamille of 5800 Mait Lane, said his client is seeking an immediate solution to her basement water problem. been caused by an alteration of the grading by the building of homes to the north. Mr. Douglas said that one of their concerns is that when the City issues building permits they should look at the topography and soil conditions I The petition was to improve the drainage from the low areas in the He pointed out that the only existing public The total estimated She believes that the problem has 6/16/86 163 and how drainage would be affected. in favor of the project but feel it should be paid for as a general obligation of the City as opposed to assessment against affected properties. Harry Boyd, 5804 Mait Lane, stated that he had initiated the petition and that he and the Ogilvies, 4601 Annaway Drive, had obtained an estimate of approximately $4,000 to drain their two properties. Mr. Boyd said that he had thought if all four properties were involved it would be less expensive which did not turn out to be and would be in favor of working out a private solution which should be less expensive unless the City picked up the cost of the improve- ment. He indicated that Dr. Ogilvie feels the same and if that were not possible they would be willing to contribute $4,000 to do the project on their own, but would be opposed to the proposed storm sewer project as presented because of the estimated cost. Jerold Hulbert, 4616 Merilane, stated that his home was erected two years ago, that they purchased their lot in 1981 and were aware of low spots and were cognizant of the ponding of water in certain areas. When their home was constructed they ran a swale through the yard so water could run to the northeast corner of their log to a manhole there. He stated that they are considering a project next summer where they would like to fill in that swale and are planning at that time to put in drain tiling to correct the problem. the adjacent properties connect into that drain system. Mr. Hulbert said he would not be in favor of the proposed project because he felt he could get the job done for less cost. owners affected feel they could have the work done at less cost on their own than by construction of a public storm sewer. Member Turner said that under these situations the Council responds to a unanimous request by those affected and takes action as requested but that in this case they prefer to seek a private solution. Member Turner made a motion to not take action on the pro- posed storm sewer to allow the affected property owners to pursue a private solution to their backyard drainage problem. Motion was seconded by Member Richards. They feel this is a public problem, are He said that he had told Mr. Boyd that he would be willing to let Mayor Courtney submitted that the majority of property Rollcall : Ayes: Kelly, Richards, Turner, Courtney Motion carried. LOT DIVISION APPROVED FOR 5412-5416 BENTON AVENUE (SHARPE AND LISLE). Craig Larsen presented the request for a lot division for 5412-5416 Benton Avenue for a party wall lot division of an existing double bungalow. Community Development and Planning Commission meeting of April 28, 1986, it was unclear as to whether separate utility connections existed and the Planning Commission recommended approval if they did exist. ment records, it has been determined that separate utility connections do exist and staff would recommend approval. No objections being heard, Member Bredesen introduced the following resolution and moved its adoption: Planner At the In checking Building Depart- RESOLUTION WHEREAS, the following described property is at present s single tract of land: That part of Lot 28, Warden Acres lying West of the railroad right-of- way and the East 125 feet of Lot 29 Warden Acres: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : That part of Lot 28, Warden Acres lying West of the railroad right-of- way and that part of the East 125 feet of Lot 29 Warden Acres lying East of a line drawn from a point on the North line of said Lot 29 distant 118.17 feet East of the Northwest corner of said lot to a point on the South line of said Lot 29 distant 119.38 feet East of the Southwest corner of said Lot 29, Hennepin County, Minnesota. Together with a permanent ingress and egress easement for driveway purposes over the Southerly 66 feet of said Lot 29 and the Easterly 16 feet of the Southerly 66 feet of Lot 30 Warden Acres, Hennepin County, Minnesota; and That part of the East 125 feet of Lot 29 Warden Acres lying West of a line drawn from a point on the North line of said Lot 29 distant 118.17 feet East of the Northwest corner of said lot to a point on the South line of said Lot 29 distant 119.38 feet East of the Southwest corner of said Lot 29, Hennepin County, Minnesota. Together with a permanent ingress and egress easement for driveway purposes over the Southerly 66 feet of said Lot 29 and the Easterly 16 feet of the Southerly 66 feet of Lot 30 Warden Acres, Hennepin County, Minnesota. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 825; 6 116 I86 164 NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance NO. 801 thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provisions that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. LOT DIVISION APPROVED FOR 4720 WEST 66TH STREET (GUNNAR DANIELSON). presented the request for a lot division for 4720 West 66th Street, generally located north of West 66th Street and west of West Shore Drive. He recalled that sometime ago Gunnar Danielson, the proponent, had approached the City regarding possible sale of some park property that lies west of West Shore Drive and that is separated from the rest of Cornelia Park. time that the City would not sell the park property. consists of two lots, 38,482 square feet in area, and is developed with a single dwelling unit located on Parcel B which is Mr. Danielson's home. The proponent desires to move the lot line between Parcel A and B 25 feet to the north. This lot line adjustment would provide the required 25 foot rear yard for the exist- ing dwelling which fronts on West 66th Street. The balance of Lot 4 (Parcel A) would provide a building site fronting on West Shore Drive. The lot would measure approximately 96 by 152 feet and would contain 14,443 square feet. The lot meets or exceeds all Zoning Ordinance requirements for single dwelling lots. Mr. Larsen advised that concurrently with the lot division request the owner has petitioned the City Council to vacate a portion of unused right-of-yay (Virginia Avenue) adjacent to his property. to the proponent while the easterly portion would become park property. Community Development and Planning Commission considered the request at their April 25, 1386 meeting and recommended approval. Member Bredesen introduced the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: Mr. Larsen It was decided at that The subject property The westerly portion would revert The No objections being heard, RESOLUTION Lot 4 and 5, Block 19, Normandale, according to the recorded plat thereof, Hennepin County, Minnesota. Except that part thereof platted as NORMANDALE - KREISER REPLAT, according to the recorded plat thereof, Hennepin County, Minnesota. WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Parcel A: according to the recorded plat thereof, Hennepin County, Minnesota, lying east of the east line of NORMANDALE KREISER REPLAT, according to the recorded plat thereof, Hennepin County, Minnesota, And that part of the West 30.00 feet of vacated Virginia Avenue lying south of the easterly extension of the north line of said Lot 4, lying north of the easterly extension of the south line of said North 96.56 feet and lying southwesterly of the following described line: Commencing at the northeast corner of Lot 4, Block 1, NORMANDALE - WICKLUNTI REPLAT, according to the recorded plat thereof, Hennepin County, Minnesota; thence south along the east line of Lot 4, said Block 1, a distance of 20.65 feet, plus or minus, to the point of beginning of the line to be described at a point on said east line distant 69.35 north of the southeast corner of Lot 4, said Block 1, thence southeasterly along a tangential curve to the left, having a radius of 199.00 feet and a central angle of 45 degrees 00 minutes 00 seconds, a distance of 156.29 feet; thence southeasterly, tangent to said curve, a distance of 2.44 feet to the east line of said Virginia Avenue, and said line there terminating. That part of the North 96.56 feet of Lot 4, Block 19, NORMANDALE, Parcel B: That part of Lots 4 and 5, Block 19, NORMANDALE, according to the recorded plat thereof, Hennepin County, Minnesota, lying south of the North 95.56 feet of said Lot 4 and lying east of the east line of NORMANDALE KREISER REPLAT, according to the recorded plat thereof, Hennepin County, Minnesota. And that part of the West 30.00 feet of vacated Virginia Avenue lying south of the easterly extension of the sor;th line of said North 96.56 feet and lying north of the easterly extension of the south line of said Lot 5. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create arr unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land 6/16 186 Bury & Carlson, Inc. C: S. McCrossan Bituminous Roadways Northwest Asphalt, Inc. Hardrives, Inc, * Lametti & Sons, Inc. * Addendum not acknowledqed 165 $842,328.17 $26,012.10 $890,377.88 $26,556.62 $911,583.91 $28,015.50 $904,364.65 $27,321.05 $1,030.313.85 $29,349.90 $970,254.30 $31,341.40 is hereby approved and the requirements and provisions of Ordinance Nu. 801 and Ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of ].and but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. FINAL PLAT APPROVED FOR SUMMIT PLACE (FORMERLY WOODHAVEN). Planner Craig Larsen presented the request for final plat approval for Summit Place (formerly Wood- haven), generally located south of Interlachen Boulevard, west of Summit Avenue and north of Vernon Avenue. plat approval was given for a 29 unit elderly building by the Council on April 21, 1986. The proponents, Community Development Corporation, has now returned with a final plat and are requesting approval. project is that.they would be purchasing the property next week azd would be closing with H.U.D. on July 1 and would be proceeding to begin construction approximately the middle of July of this year and would expect occupancy early next Spring.. At the time of preliminary approval the following conditions were recommended for final plat approval: 1) subdivision dedication, 3) developer's agreement, 4) redevelopment contract, or in this case an informal letter agree- ment that governs the passing of the City's assistance funds to the project, and 5) vacation of Summit Avenue with appropriate cross easements between the project and the owners of the townhouses immediately to the north. Staff would recommend final plat approval with subdivision dedication based on a land value of $150,000, a satisfactory developer's agreement, the letter redevelopment contract and submission of the appropriate easements with the townhouse owners to the immediate north. No comments being heard, Member Richards introduced the following resolution and moved its adoption subject to payment of a sub- division fee of $12,000, a.developer's agreement, a letter redevelopment contract and.submission of appropriate easements with the townhouse owners: He recalled that final rezoning and preliminary The schedule for the RESOLUTION GRANTING FINAL PLAT APPROVAL FOR SUMMIT PLACE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled SUMMIT PLACE, platted by Woodhaven Non-Profit Housing Corporation, a Minnesota non-profit corporation, and The United States of America acting by and through the Secretary of Housing and Urban Development of Washington D.C. and presented at the regular meeting of the City Council of June 16, 1986, be and is hereby granted final approval. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. BID AWARDED FOR PUBLIC IMPROVEMENT NOS. BA-264, WM-361, SS-376, 86-P2, P-16 AND P-17 (WEST 50TH STREET AND WOODDALE PARK). tion of bids for Permanent Street Surfacing, Concrete Curb and Gutter, Sidewalk. Mr. Rosland presented tabula- Parking Lots, Park Construction and Sewer and Water Replacement and Additions Improvement Nos. BA-264, P-16 and 17, Street as follows: BIDDER SECTION I SECTION I1 I 86-P-2, SS-376 and WM-361 on West 50th Bid rejected Motion of Member Kelly was seconded by Member Turner for award of bid to recom- mended low bidder, Bury and Carlson at $1,098,526.64. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR ADMINISTRATIVE VEHICLE. bids for one administrative vehicle with sale of used car to be funded from the equipment replacement budget as follows: Suburban Chevrolet at $10,402.35, Mr. Rosland presented tabluation of 6 116 /86 J66 Harold Chevrolet at $10,640.25 and Polar Chevrolet at $10,997.00. Member Bredesen was seconded by Member Turner for award of bid to recommended low bidder, Suburban Chevrolet, at $10,402.35. Motion of Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID ATJARDED FOR CITY'S INSURANCE RENEWALS. Mr. Rosland stated that Ceil Smith has been working with our agents to get quotes for the City's general liability, automobile liability, worker compensation, property and malpractice insurance coverages to meet a deadline of July 1 for renewal and that Bill Homeyer and Dave Crowther of Harris Homeyer Company, are present to review and explain the quotations. Mr. Crowther informed the Council that basically there are four entities thzt are interested in underwriting and writing municipal business: 1) Home Insurance Company, 2) LMC Insurance Trust, 3) Pennco for The Hartford, and 4) Minnesota Comp Mutual for worker compensation. A quotation for worker compensation was received from the League of Minnesota Cities which was not competitive with other proposals received. The Hartfcrd, through Pennco, has advised that there were not interested in providing a quote. The following quotations were presented: Home Insurance Company at $554,907, LMC Insurance Trust at $480,208 and LMC Deductible at $422,824 plus defense. factors were considered: 1) payroll increase of 5%, 2) sxpsrience modification has change from .75 to .81. It was noted that in the last ten-year period the current year is the worst year for worker compensation because of two major claims against which the insurance company.has reserved approximately $252,000. between $30,000 and $100,000. a total of $429,660 had been budgeted for insurance premiums. betweez the actual cost of the coverages and the amount budgeted is $198,933 which was to be funded through the retro plan that the City is currently on with Home Insurance Company. be generated: 1) working capital fund budget, 2) current operating budget, 3) excess revenues and 4) surplus, or a combination of any of these. It is only $30,000) be funded from the working capital fund budget and 50% from surplus. used to repay the working capital fund budget and the surplus. discussion Member Richards made a mction to accept the quotation from the Home Insurance Company for a total premium of $554,907. Member Turner. The following It is anticipated that the City will receive a premium return of Mr. Rosland advised that within the 1986 budget The difference There are four areas from which the funds could -staff's recommendation that 50% of the $168,000 (assuming a premium return of Should there be excess revenues at year end, this money would be After same Motion was seconded by Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. The following quotations were presented for property insurance: at $56,111; Kemper Insurance at $72,000 aad Northbrook Insurance at $90,000. Only one quotation was received for malpractice insurance for paramedics: Great American Surplus Lines Company at $1,575. Motion of Member Turner was seconded by Member Bredesen to accept the quotation from The Hartford Insurance at $56,0C0 for property insurance and from Great American Surplus Lines Company at $1,575 for malpractice insurance. The Hartford Ayes: Motion carried. Bredesen, Kelly, Richards, Turner, Courtney Member Bredesen comented that he felt a letter should be sent to our legblators documenting for them the insurance rate increases that the citizens.of'Edina have had to pay over the last year and encouraging them to find ways to reduce insurance costs by limiting the amount.of awards. letter would be sent under the Mayor's signature. Mr. Rosland responded that a TRAFFIC SAFETY COMMITTEE MINUTES OF JUNE 10, 1986 APPROVED. Section C of the Traffic Safety Committee of June 10, 1986, Member Richards In connection with commented that he has heard comments from residents of West 44th Street regard- ing the bridge in that there is no prohibition for children dropping off objects on the north side and then running across the street to watch as the objects float on down BEnnehaha Creek. It has been suggested that some type of impedi- ment be placed on the bridge so that children cannot stand on the north side to do this, whlch has recently resulted in a child being hit by a passing vehicle. Member Richards asked that the committee consider that suggestion when taking action on the speed problems on West 44th Street at its July meeting. Member Bredesen then made a motion to approve the following recommended action as listed in Section A of the Traffic Safety Committee Minutes of June 10, 1986: 1) Installation of a "STOP" sign for southbound Shannon Drive at Kemrich Drive . with appropriate striping and signing for the intersection, and to acknowledge Section C of the Minutes. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. I , 6/16/86 161 ON-SALE WINE LICENSES APPROVED FOR ORIGINAL PANCAKF, HOUSE, PANTRY AND ST. LOUIS RIB COMPANY RESTAURANTS. Mr:Rosland advised that the on-sale wine license application for the Original Pancake House/My Pie, The Pantry and St. Louie Bar-B-Que restaurants have been investigated by the Police, Health and Planning Departments and that issuance of on-sale wine licenses is recommended conditioned upon approval by the State of Minnesota. No comment being heard, Member Turner made 2 motion to approve the issuance of on-sale wine licenses to the Original Pancake House/My Pie, The Pantry and St. Louie Bar-B-Que restaurants. was seconded by Member ,Richards. Motion Ayes: Motion carried. Bredesen, Kelly, Richards, Turner, Courtney ON-SALE WINE LICENSE RENEWAL APPROVED FOR DAYTON'S BOUNDARY WATERS RESTAURANT. Mr. Rosland stated that the on-sale wine license renewal application for Dayton's Boundary Waters restaurant has been investigated by the Police, Health and Planning Departments and that renewal of their on-sale wine license is recom- mended conditioned upon approval by the State of Minnesota. Motion of Member Turner was seconded by Member Richards for renewal of the on-sale wine license for Dayton's Boundary Waters restaurant. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. ORDINANCE REQUIREMENTS FOR GRASS LENGTH DISCUSSED; AMENDMENT TO BE DRAFTED. Mr. Rosland explained that with-reference to an article in the Minneapolis Star and Tribune regarding maximum length for grass that Member Richards has asked this be placed on the agenda for discussion. City of Minneapolis is as follows. to a 8-inch maximum, a photograph is taken by the inspector, the pnoperty owner is notified and given a 7 day grace period. after 14 days Minneapolis mows the property and bills the property owner for . the cost. Edina's ordinance allows a maximum length of 12 inches, with a 7 day grace period and after 14 days if the property owner does not comply the City mows and bills the property owner for the cost. In response to Member Turner's question as to the number of complaints this year, Mr. Kojetin said that including telephone calls the number is about 200. He suggested that if an amendment to the ordinance is considered that the term "noxious weeds" be changes to "grasses". After some discussion, Member Kelly made a motion that staff be directed to draft an ordinance amendment to-reflect possible changes recommended by staff. Motion was seconded by Member Richards. Member Turner said she was opposed to any amendment as she felt. it would increase govern- ment-intervention in private property decisions that do not cause problems as to health, safety and welfare of citizens. The procedure followed by the Length allowed by ordinance has been cut If the owner does not comply, Ayes: Bredesen, Kelly, Richards, Courtney Nays: Turner Motion carried. BOARD MEMBER REAPPOINTED TO THE EDINA FOUNDATION. the term of Bob Sherman who is the Council representative on The Edina Founda- tion Board of Directors expires the end of June, 1986 and a request has been received that he be reappointed for another three year term. raised the issue of limiting the number of terms to be served by an individual on the City's boards and commissions. discussed by the Council with regard to The Edina Foundation and that a limit of ten years was set. Council again discuss the issue of number of terms on boards and commissions and bring it to a vote. Robert Shermm to The Edina Foundation for a three term to June, 1989, if he has not served for tm years. Mayor Courtney said that Member Kelly Member Turner recalled that this was Member Kelly added that she would like to have the Member Kelly then moved approval of reappointment of Motion was seconded by Member Turner. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. VACANCIES NOTED ON BOARD OF APPEALS AND ADJUSTMENTS AND ART CENTER COMMITTEE. Mayor Courtney advised that Richard Rosow has resigned from the Board of Appeals and Adjustments because he is moving out of Edina. Notice of the opening was published in the Edina Sun on June 9 and applications have been sent to two individuals. In addition, we have on file applications from four individuals who have indicated an interest in being appointed tc the Board, three of whom have been interviewed for another position. would want to interview candidates prior to the July 7 Council Meeting and make the appointment In the regular neeting following. Council is already scheduled to meet sn July 7 at 6:OO p.m. to hear the report of the Managemext Audit Committee. Member Kelly commented that Phyllis Haywa is resigning from the Art Center Committee. not received 2 letter of resignation and that he was not aware of it. Notice of the Art Center committee opening will also be published. It was informally agreed that the Council would interview for both openlngs at 7:OO p.m. on July 14. Mayor Courtney asked if the Council Mr. Rosland said that the Mayor Courtney said that he has 6/16/86 BILTMORE SITE PROJECT DISCUSSED. Member-Kelly asked about the progress of the Biltmore site project indicating that she has received phone calls about this. Mr. Rosland said that staff has no new information of the project and that basically it is on hold which is a reflection of the new tax laws. was taken. No action SPECIAL MEETINGS DATES FOR COUNCIL CONFIRMED. Member Turner asked if the Council was scheduled to meet on June 23. Mr. Rosland clarified that the following special meeting dates have been scheduled: July 14 - Strategic Planning Strategic Planning - Service Levels. Consent Agenda and Service Lerrels if time allows, August 11 - No action was taken. SIGN FOR CANOEISTS AT BROWNDALE BRIDGE NOTED. Member Bredesen commented that he appreciated the posting of the sign at the Browndale Avenue bridge encourAging canoeists who wish to canoe Minnehaha Creek to use Utley Park for launching and parking. patrolling and maybe a map showing the location of Utley Park for individuals who are not familiar with Edina. No action was taken. He added that to solve the problem of parking it will require police DOG ORDINANCE REQUIREMENTS DISCUSSED. Mayor Courtney said he had received a letter from a resident who referred to a recent ordinance adopted by the City of St. Paul whereby owners would be fined if their dog was not on a leash or if they did not.remove any feces left by such dog in a public park. dent had also complained of the condition of Bredesen Park because of dog feces. Mayor Courtney asked if Edina's ordinance had the same requirements as to fines. Mr. Rosland said staff would review the ordinance and advise the Council as to the City's requirements. The resi- No action was taken. LETTER OF ROBERT DIERCKS REGARDING RECREATIONAL VEHICLE PARKING DISCUSSED. Mr. Rosland referred to a letter received from H. Robert Diercks regarding the parking of boats, trailers and recreationalvehicles in yards around the area of 56th Street and in which he suggested that the Council consider a total .prohibiticn of this type of thing but have the City buy property which could be used by residents to park such vehicles. Mr. Diercks about the recent hearing on the issue and.that a11 the public .- . comment had.been for allowing the parking of recreational vehicles. Richards commented that the Council had considered this issue three times and at the last hearing by a vote of 4 to 1 the Council took action not to amend the ordinance which permits one vehicle per dwelling unit on the driveway not within 15 feet of street curb and not within 5 feet of the lot line in residential districts. He suggested that Mr. Diercks be tlianked for his comments and be told of.the action taken by the Council. Member Turner commented that, with regard to the suggestion that the City buy property for recreationalvehicle storage, there is a private solution for this. - Mr. Rosland said he had informed _. Member No formal action was taken. RESOLUTION ADOPTED DESIGNATING PORTION OF FRANCE AVENUE AS C.A.S.H. 17. Mr. Hoffman explained that MNDOT intends to turnback jurisdiction of T.H. 121 (France Avenue north of West 50th Streat) to Hennepin County. At the present time, France Avenue from West 54th Street to West 50th Street is under city jurisdiction. Avenue, Hennepin County proposes that they also assume jurisdiction of this segment. Member Bredesen introduced the following resolution and moved its adoption: In order to provide a continuous county route along France Staff would recemmend adoption of a resnlution to accomplish this. RESOLUTION OF CONCURRENCE BE IT RESOLVED bv the City Council of the City of Edina, Minnesota that Edina concurs kith He&epin Cou&y's proposal to designate as County State Aid Highway 17 that portion of France Avenue beginning at or near the east quarter comer of Section 18, Township 28, Range 24, the intersection with West 50th Street, thence south along Frazce Avenue to a point at or near the northeast comer of Section 19, Township 28, Range 24, the intersection with West 54th Street and there terminate the designation. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. ORDINANCE NO. 902-A4 (TO CONFORM TO STATE ESTABLISHED LEGAL DRINKING AGE) ADOPTED; SECOND READING WAIVED. Mr. Rosland advised that at the Council's direction at their last meeting an amendment to Ordinance No. 902 has been drafted to comply with state legislation which will on September 1, 1986 raise the legal drinking age to 21 years and to provide that 18, 19 and 20 year olds may work in the licensed premises. to adopt Ordinance No. 902-A4 as follows, with waiver of Second Reading: Member Bredesen made a motion 6 (16 I86 169 ORDINANCE NO. 902-A4 AN ORDINANCE AMENDING ORDINANCE NO. 902 TO CONFORM TO THE STATE ESTABLISHED LEGAL DRINKING AGE AND TO ALLOW CERTAIN PERSONS UNDER THE AGE OF 18 TO WORK IN, BUT NOT SERVE OR SELL WINE IN QUALIFYING RESTAURANTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The definition of,"State Established Legal Drinking Age" as set out in Section 1 "Definitions" of Ordinance No. 902 is hereby amended, effective September 1, 1986, by changing the phrase "19 years of age." to 21 years of age." 11 Sec. 2. Paragraph (e) of Section 40 of Part H of Ordinance No. 902 is "(e) hereby amended to read as follows: 18, except buspersons, dishwashers, musicians, waiters and waitresses, provided that they shall not serve or sell wine." Sec. 3. and publication. Motion for adoption of the ordinance was seconded by Member Kelly. No person working in the licenses premises may be under the age of This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Ordinance adopted. ATTEST: BAA&%- M* City Clerk ORDINANCE NO. 1353-A2 (MASSAGE PARLORS) GRANTED FIRST READING. Mr. Rosland stated that the massage ordinance requirements has been discussed by the Council at several recent meetings to determine what kinds of changes might be made to better accommodate legitimate enterprises and yet retain coctrol over those that might be problems for the City. directed that a draft amendment be prepared reflecting the proposed changes which is now ready for Council consideration. Turner introduced Ordinance No. 1353-A2 for First Reading as follows: At the June 2, 1986 meeting the Council After some discussion, Member ORDINANCE NO. 1353-A2 AN AMENDMENT TO THE ORDINANCE LICENSING AND REGULATING PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS, REDUCING CLUBS AND SALONS, MASSAGE PARLORS, AND ESCORT SERVICES, TO REDUCE THE BUSINESS LICENSE FEE, PROVIDE FOR PARTIAL REFUND OF INVESTIGATION FEES, LIMIT THE LOCATION OF MASSAGE PARLORS TO REGIONAL MEDICAL DISTRICTS, AND REMOVE RESTRICTIONS ON MALE-FEMALE AND FEMALE-MALE MASSAGE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: of Ordinance No. 1353 is hereby amended to change the fee for a business license from $3,000 to $200. Section 2. Partial Refund of Investigation Fees. Paragraph (b) of Section 6 of Ordinance No. 1353 is hereby amended to read as follows: "(b) Investigation Fees and Deposit. application for an individual license, the applicant shall deposit $50 with : the City of Edina for the investigation fee. At the time of each original application for a business license, the applicant shall deposit $1,500 for the investigation fee. The cost of the investigation will be based on the expense involved, but in no event will it exceed $50 for an individual applicant, or $1,500 for a business applicant. expended on the investigation will be refunded to the applicant." Section 8 of Ordinance No. 1353 is hereby amended by adding the following thereto : massage services, and if the location of the business premises described in the application for a business license is not within a Regional Medical District established pursuant to Ordinance No. 825 of the City of Edina." Section 4. Removal of Restrictions on Male-Female and Female-Male Massages. to read as follows: fully clothed. No. 1353 is hereby amended by adding the following thereto: a certification by a certified public accountant, acceptable to the City Manager, that the annual gross revenue for the same period of time as is Section 1. Reduction of Business License Fee. Paragraph (a) of Section 6 At the time of each original All deposit monies not Limitation of Business Licenses to Regional Medical Districts. Section 3. "(j) If the application is for a business license for the performance of Paragraph (e) of Section 14 of Ordinance No. 1353 is hereby amended (e) Employees of all businesses licensed hereunder must remain and be Section 5. Sub-paragraph 10 of paragraph (a) of Section 4 of Ordinance "In lieu of delivery of the financial statement, the applicant may deliver 11 6/16/86 170 required for the financial statement of the business from massage services is less than 25% of its total annual gross revenue for such period of time, with each year considered separately. " passage and publication. Motion for First Reading was seconded by Member Kelly. Section 6. This Ordinance shall be in full force and effect upon its Rollcall : Ayes: Bredesen, Kelly, Turner, Courtney Nays : Richards First Reading granted. CLAIMS PAID. of the following claims as per prelist of 6/16/85: Art Center $4,355.77, Swimming Pool Fund $2,300.72, Golf Course Fund $93,498.83, Recreation Center Fund $7,744.78, Gun Range Fund $180.15, Utility Fund $220,248.96, Liquor Dispensary Fund $95,756.15, Construction Fund $267,630.14, of the following claims dated 5/31/86: $142.75, Swimming Pool Fund $24.40, Golf Course Fund $1,985.07, Recreation Center Fund $292.79, Gun Range Fund $31.15, Utility Fund $378.09, Liquor Dispensary Fund $216,863.51, Total $315,966.81. Notion of Member Kelly was seconded by Member Turner for payment General Fund $900,324.90, Bond Redemption #2 $179,675.00, Total $1,771,715.40; and for confirmation General Fund $96,249.05, Art Center Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. There being no further business on the agenda, Mayor Courtney declared the meeting adj ourned at 8 : 40 p .m. City Clerk