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HomeMy WebLinkAbout19860804_regular196 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL AUGUST 4, 1986 Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor Courtney. FRANCIS CALLAHAN AND'MICHAEL STORM COMMENDED. Chief Swanson presented Awards of Merit to Francis Callahan and Michael Storm .for their efforts on June 27, 1986, in responding to Clinton LePage, Edina City employee, who suffered a heart attack on that date while working on landscaping near Vernon Avenue and Link Road. Mr. Callahan and Mr. Storm were commended for their actions which were instrumental in saving the life of Mr. LePage. Members of the Council also extended their commendation and thanks. MINUTES of the Regular Meeting of July 21, 1986 were approved as submitted by motion of Member Turner, seconded by Member Kelly. Public Safety Director Buresh and I Ayes.: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. PUBLIC HEARING ON PERMANENT STREET SURFACING WITH CURB AND GUTTER IMPROVEMENT NO. P-BA-267 (MC CAULEY TRAIL AND TIMBER TRAIL) CONTINUED TO 8/18/86. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Pursuant to due notice given, a public hearing was conducted and action taken as hereinafter set forth: A. BITUMINOUS STREET PAVING AND CONCRETE CURB AND GUTTER IMPROTDENT NO. P-BA-267 IN THE FOLLOWING: McCauley Trail from Gleason Road to 2014' West Timber Trail from McCauley Trail to cul-de-sac Mr. Rosland presented total estimated construction cost for Street Improvement No. P-BA-267 at $136,404.42, proposed to be assessed against 3,291.90 assessable feet at an estimated cost of $41.44 per assessable foot. recalled that when Indian Hills 2nd Addition was platted one of the conditions was to petition for installation of permanent street surfacing and curb and gutter on McCauley Trail West and Timber Trail. Cost for the Timber Trail portion is approximately $35,000 and will be constructed as part of the development of the plat. there is existing asphalt now and a question has been raised regarding waiting a year or two to pave McCauley Trail. the opinions of the developer and Crossview Lutheran Church regarding the question, but that the roadway should be built at some point in time to fulfill the condition when the final plat was approved. properties just off Gleason Road are proposed to be assessed for one-third the sideyard distance and would get credit for previous curb and gutter assessments. The remaining cost is proposed to be assessed at approximately.$46,000 to prop- erties in Indian Hills 2nd Addition which.abut McCauley Trail and at approximately $26,000 to Crossview Lutheran Church. Because-there has been no past policy of the Council which could be applied to this type of location (i.e. no developed property now or in the future on the Crosstown Highway side) staff would suggest that the City be assessed for approximately one-third of the cost of about $26,000 which would be paid over a ten-year period as part of the City's budgeting for special assessment costs. Church, stated that the church has come to an agreement with the developer as to distribution of costs for improvement of Timber Trail. it was an appropriate time for improvement of McCauley Trail fronting their pro- perty for these reasons: 1) it would be an additional cost of $26,000 on top of the church's $800,000 building program, 2) they do not feel it would enhance the property, and 3) there is no erosion problem as the street is on grade. is therefore asking that the Council not make the improvement at this time. Member Richards asked if the church were involved in the platting of Indian Hills 2nd Addition and if it was aware of the conditions imposed when the plat was approved. Mr. Sedgewick said the church was involved in the dividing of the property, that it was done all at one time with the church keeping approximately 5 acres and selling the balance to Gustafson and Associates. He added that when further development occurs down McCauley Trail that additional paving will be needed. stated that he and his brother Jeff are the developers of the plat and that both the church and the developer were well aware of this requirement when the plat was approved. He said that the church's position is that they did not realize the road improvement would cost this much, that they do not have the budget for their expansion project and would prefer not to have the road improved at this time. From the developer's standpoint, Mr. Gustafson said that they are questioning I) if it is really needed and 2) if it is, whether it could be postponed for a year or so. He added that in talking with staff, they concurred that it would make-sense to postpone the road improvement until the soil correction and land- scaping work was done on the plat to insure that no damage was done to the curb. Engineer Fran Hoffman With regard to improvement of McCauley Trail, Mr. Hoffman pointed out that Staff would suggest that the Council hear Mr. Hoffman stated that the three single family Charles Sedgewick, representing Crossview Lutheran However, they did not feel The church - I / Greg Gustafson 8/4/86 197 I I\ '01 m I U m 1 1-z. Gustafson stated that .-e did challange the proposed allocation of cost for that portion of McCauley that is adjacent to the twin home lots (the Gustafson parcel). it was stated that the cost would be split equally, that the portion on the north side of McCauley adjacent to the freeway would be paid by the City and that the portion adjacent to their lots would be assessed to the developer. In summary, Mr. Gustafson proposed 1) that the Council consider doing away with the improvement entirely or until such time as it is necessary along the whole road, 2) or at least forego the improvement for a year or next construct- ion season so that the church project and the development will be in large part completed, and 3) if the improvement is constructed as proposed, either now or next year or in the future, that the cost be allocated 50% to the church and the Gustafson property and the balance to the City. Mr. Hoffman commented that the road improvement will be needed when the development is completed as the water will have to run down into the gutter section to the catch basin and then into the system; that this is like any other development where curb and gutter is put in as part of the final product; that staff did talk about there being no policy for this type of location and that for purposes of discussion the proposal was made that the City pay one-third of the road costs. In response to Member Richard's question as to rationale for the City's paying any part of the cost, Mr. Hoffman said the road would be for general use of people living in the southwest quadrant of the City and that the Council could possibly include properties within two blocks in the assessment area but that there has been nothing in the past to support that. road on the Comprehensive Plan with no high volume of traffic and is not a major arterial or collector street. Mr. Hoffman added that McCauley Trail to the west is not expected to be completed until the parcels west of the church develop . or until the road is in need of repair. Mr. Gustafson reiterated his comment that it was the developer's understanding that they would only pay for the .portion of the road that was on their side and that he saw no pressing need to improve the road at this time. Following further discussion, Member Richards made a motion to continue the hearing to August 18, 1986, to give the property owners the opportunity to determine where the discussion regarding allocation of costs may have occured and with whom so that Council would have more facts on the subject. When they agreed to the improvement at the time of platting The road is characterized as a general Motion was seconded by Member Kelly. Ayes: Motion carried. Bredesen, Kelly, Richards, Turner, Courtney Attorney Tom Erickson advised the Council that a new hearing would have to be held if the Council considered expanding the area to be assessed. PUBLIC HEARING ON BITUMINOUS SURFACING IMPROVEMENT NO. P-.A-176 (W. 59TH STREET) CONDUCTED; IMPROVEMENT ORDERED. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. hearing was conducted and action taken as hereinafter set forth: W. 59th Street between Wooddale Avenue and Oaklawn Avenue Mr. Rosland presented total estimated construction cost for Street Improvement No. P-BA-176 at $12,653.78, proposed to be assessed against eight assessable lots at an estimated cost of $1,581.72 per lot. this hearing was the result of a petition requesting the improvement of W. 59th Street between Wooddale and Oaklawn Avenues. The width of the street would remain approximately the same and the improvement would be constructed late this summer if approved. Bruce Carlson, 5901 Kellogg Avenue, said he was in favor of the improvement if the road width stayed at the present width. No further comment being heard, Member Bredesen introduced the following resolution and moved its adoption: Pursuant to due notice given, a public A. BITUMINOUS SURFACING IMPROVEMENT NO. P-BA-176 IN THE FOLLOWING: Engineer Hoffman commented that RESOLUTION ORDERING IMPROVEMENT NO. '.;A-176 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council W. 59th Street between Wooddale Avenue and Oaklawn Avenue and at the hearing held at the time and place specified in said notice, the I 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: BITUMINOUS SURFACING IMPROVEMENT NO. P-!.A-176 IN THE FOLLOWING: Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improve- ment is hereby designated and shall be referred to in all subsequent proceed- ings as: BITUMINOUS STJRFACING IMPROVEMENT NO. :A-176 and the area to be specially assessed therefor shall include Lots 12 and 13, Block 4; Lots 12 and 13, Block 3, Lots 1 and 24, Block 13, Lots 1 and 24, Block 14, Fairfax Addition. Motion for adoption of the resolution was seconded by Member Turner. . Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. I98 8/4/86 -. REVISED FINAL PLAT APPROVED FOR INDIAN HILLS 3RD ADDITION. advised that the subject property is located west of Gleason Road and south of McCauley Trail. plat for Indian Hills 3rd Addition which replaced the plat of Indian Hills 2nd Addition. The plat included seven R-2 lots and nine R-1 lots and has not been recorded. The proponents are now requesting approval of a revised final plat which incorporates two lots from The Timbers plat. would become Lots 17 and 18 of Indian Hills 3rd Addition. vacant while Lot 18 is developed. Mr. Larsen pointed out that by incorporating the two lots into the plat and by making lot line adjustments Lot 17 will provide a better building site and Lots 13 and 14 will have a larger frontage on Arrow- head Lake. The proposed change results in an improved building site for Lot 17 and no new buildable lots are created. There is also a slight widening of the mouth of Timber Trail to allow for the construction of a monument. Staff would recommend approval of the revised final plat, subject to Council's decision on the road improvement of McCauley Trail and Timber Trail on August 18, 1986. Richards asked if Dr. Glenn Lewis, who had been involved in the platting of The Timbers, was aware of these proceedings. that Dr. Lewis is aware of the revised plat. and said that the Mackes, owners of Lot 12, The Timbers and Folke Victorsen, owner of Lot 3, The Timbers would be joining in signing the plat. Member Richards asked if the proposed revised plat would make a neck lot out of Lot 17. Mr. Larsen responsed that the frontage for that lot will remain on the cul-de-sac and that there will be no shared ownership or split of the neck for Lot 16 which will remain as a neck lot as approved in The Timbers plat. No further comment.being heard, Member Bredesen introducted the following resolution and moved its adoption, subject to Council's decision on the road improvement of McCauley Trail and Timber Trail : RESOLUTION APPROVING FINAL PLAT FOR Planner Craig Larsen He recalled that on May 5, 1986, the Council approved the final Lots 3 and 12 of The Timbers Currently Lot 17 is I , Member Jeffrey Gustafson,' developer stated He explained the lot line adjustments . . INDIAN HILLS 3RD ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "INbIAN HILLS 3RD ADDITION", platted by ' Indian Hills Company, a Minnesota general partnership and Norwest Bank Bloomington, a national banking association; The Minnesota South District of the Lutheran Church-Missouri Synod, . a Minnesota non-profit corporation and Cross View Lutheran Church, a Minnesota non-profit corporation; Folke R. Victorsen Co., a Minnesota corporation; Kenneth A. Macke and Kathleen Macke, husband and wife, and First Wisconsin Trust Company, a Wisconsin corporation, and FBS Mortgage Corporation, a Nevada corporation, and presented at the regular meeting of the City Council of August 4, 1986, be and is hereby granted final approval. Motion for adoption of the resolution was seconded by Member Turner. I (See amended resolution in 3/16/87 Minutes.) c - Rollcall : I Ayes: Bredesen, Kelly, Richards, Tprner, Courtney Resolution adopted. - LOT DIVISION APPROVED FOR LOTS 9 AND 10, 3LOCK 3.- INTERLACHEN HEIGHTS. Planner Larsen presented the request for a lot division of Lots 9 and 10, Block 3, Interlachen Heights generally located north of Interlachen Boulevard and west of Ridge Road. The request involves two vacant lots in.the recently approved subdivision of Interlachen Heights. cul-de-sac. There are two purposes for the lot division request. First, it was discovered that the property owner adjacent to Lot 10 had installed a fence which encroached by 7.5 feet on Lot 10 and part of Lot 9. Parcel A, from Lot 9 and Parcel B from Lot 10 are to be deeded to the adjacent property to settle the adverse possession claim. Second, Parcel B is to be transferred to Lot 10 from Lot 9. Both lots will continue to exceed ordinance standards. Due to the existing topography, Parcel B related better to Lot 10 than to Lot 9 and staff would recommend approval. following resolution and moved adoption: The lots front on the Green Farm Court No comment being heard, Member Bredesen introduced the ' .. *" .. I ' RESOLUTION WfEREAS, the following described tracts of land constitute various separate parcels: .-- I --. ,; -I Lot 9, Block 3, INTERLACHEN HEIGHTS, Lot 10, Block 3, INTERLACHEN HEIGHTS, and The North 288.3 feet of Block 32, MENDELSSOHN, Hennepin County, Minnesota; WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels (herein called "Parcels"): Lot 9, Block 3, INTERLACHEN HEIGHTS except that part of Lot 9, Block 3, INTERLACHEN HEIGHTS, which lies easterly of the following described line: Conqnencing at the most easterly corner of said Lot 9; thence on an assumed bearing of South 87 degrees 51minutes 16 seconds West along a northerly line of said Lot 9, a distance of 47.00 feet to an angle point in said northerly line, said point being the point of beginning of the line to be described; thence South 0 degrees 17 minutes 11 seconds East to the . southeasterly line of said Lot 9 and there terminating. 8/4/86 199 Lot 10, Block 3, INTERLACHEN HEIGHTS, and that part of Lot 9, Block 3, INTERLACHEN HEIGHTS, which lies easterly of the following described line: Commencing at the most easterly corner of said Lot 9; thence on an assumed bearing of South 87 degrees 51 minutes 16 seconds West along a northerly line of said Lot 9, a distance of 47.00 feet to an angle point in said northerly line, said point being the point of beginning of the line to be described; thence South 0 degrees 17 minutes 11 seconds East to the south- esterly line of said Lot 9 and there terminating, except the northerly 7.50 feet thereof. The North 288.3 feet of Block 32, MENDELSSOHN, Hennepin County, Minnesota, and the northerly 7.50 feet of that part of Lot 9, Block 3, INTERLACHEN HEIGHTS, which lies easterly of the following described line: at the most easterly corner of said Lot 9; thence on an assumed bearing of South 87 degrees 51 minutes 16 seconds'west along a northerly line of said Lot 9, a distance of 47.00 feet to an angle point in said northerly line, said point being the point of beginning of the line to be described; thence South 0 degrees 17 minutes 11 seconds East to the Southeasterly line of said Lot 9 and there terminating; and the northerly 7.50 feet of Lot 10, Block 3, INTERLACHEN HEIGHTS. Commencing 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; 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 and Ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are notwaived 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 mada-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: Resolution adopted. Bredesen, Kelly, Richards, Turner, Courtney HEARING DATE SET FOR VARIOUS PLANNING MATTERS. Bredesen's motion was seconded by Member Turner setting August 18, 1986 as hearing date for the following planning matters: 1) Amendments to Comprehensive Plan 2) As recommended.by staff, Member Zoning Change - R-1 Single Dwelling District to PRD-4 Planned Residence' District - Namron Company - Generally located north of Vernon Avenue and west of Villa Way Preliminary Plat Approval - Namron 2nd Addition - Generally located north of Vernon Avenue and west of Villa Way 3) ' Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. VACATION OF PORTION OF GORGAS AVENUE APPROVED. by Clerk, approved and ordered placed on file. request of Grace Church for vacation of the 30 foot wide right of way.for Gorgas Avenue over Lots 1 and 2, Block 1, South Harriet Park Second Addition. He explained that the right of way is on the westerly edge of the church's parking lot. Staff can find no reason not to recommend vacation except for reserving a utility ease- ment within the vacated street right of way for Northern States Power Company to maintain their power pole in the southwest corner of the area to be vacated as requested. to to clear up the title to the property. Bredesen introduced the following resolution and moved its adoption: Affidavits of Notice were presented Engineer Hoffman presented the In response to Member Bredesen's question, Mr. Hoffman said the request No objection being heard, Member RESOLUTION VACATING PORTION OF GORGAS AVENUE RIGHT OF WAY WHEREAS, a resolution of the City Council, adopted the 7th day of July 1986, fixed a date for a public hearing on a proposed vacation of a portion of Gorgas Avenue right of way; and WHEREAS, two week's published and posted notice of said hearing was given and the hearing was held on the 4th day of August, 1986, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street right of way easement vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality 8/4/86 200 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 street right of way easement or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of the Gorgas Avenue right of way be and is hereby vacated effective as of August 5, 1986: The West 30 feet of Lot 1, Block 1, South Harriet Park Second Addition and Commencing at the Northwest comer of Lot 2, thence Southeasterly to the Southwesterly corner, thence East 30 feet, thence Northwesterly to a point 30 feet East from the Northwest corner of Lot 3, thence West to point of beginning, of Lot 2, Block 1, South Harriet Park Second Addition. The City of Edina reserves in favor of Northern States Power Company a utility easement within said described vacated street right of way for the maintenance, replacement, repair and removal of, and for otherwise attending to, wires and poles required for electric lines now in, on or under the above vacated area. The Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered ija the transfer record of the County Auditor, and filed with the Register of Deeds in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Kelly. I Rollcall: Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. ON-SALE WINE LICENSES APPROVED FOR DONALDSON'S MINNESOTA ROOM AND EDINER RESTAURANT. Mr. Rosland advised that the on-sale wine license application for Donaldson's Minnesota Room and the Ediner Restaurant have been investigatedby 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 Kelly made a motion to approve the issuance of on-sale wine licenses to Donaldson's Minnesota Room and the Ediner Restaurant. Member Turner. Motion was seconded by Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. I FEASIBILITY REPORT ON SIDEWALK IMPROVEMENT P-S-36 (GLEASON ROAD) APPROVED; HEARING DATE SET. Mr. Rosland advised that a feasibility report on construction of Sidewalk . Improvement No. P-S-36 has been prepared and it has been determined that it is feasible and would be in the best interest of the City. funded by municipal State Aid Funds and a hearing date of August 18, 1986 is recom- mended. RESOLUTION PROVIDING FOR PUBLIC EIEARING . The project would be Member Bredesen offered the following resolution and moved adoption: ON SIDEWALK IMPROVEMENT P-S-36 1.. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvement'described in the form of Notice of Public Hearing set forth below, and as to the estimated cost of such improve- ment, said report is hereby approved and directed to be placed on file in the office of the City Clerk. - 2. Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: This Council shall meet on Monday, August 18, 1986, at 7:OO p.m. in the The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) CITY OF EDINA 4801W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HF,ARING SIDEWALK IMPROVEMENT NO. P-S-36 Gleason Road from Valley View Road to Cherokee Trail The Edina City Council will meet at the Edina City Hall, on Monday, August 18, 1986, at 7:OO P.M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the Ci<y as set forth below: I- -. :. S.A.P. 120-148-13 The approximate ESTIMATED COST GLEASON ROAD FROM VALLEY VIEW ROAD TO CHEROKEE TRAIL SIDEWALK IMPROVEMENT NO. P-S-36 $94,753.68 The project is proposed to be funded by State Aid gas tax funds. Marcella M. Daehn, City Clerk 8/4/86 201 I P c/> m I m a I Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. EMERGENCY MEDICAL SERVICES/ANNE THEFXELSEN DISCUSSED. Public Safety Director Buresh recalled that at the July 21, 1996 Council meeting Ms. Anne Therkelsen had addressed the Council regarding experiences with police and fire personnel on various occasions when she has had epileptic seizures while in the City and that she had made three requests. 1) with regard to the request that a "leash" be put on paramedic #43 he stated that in checking with the supervisor and Dr. Crimmins, Medical Director, it was found that Mr. Singleton's record with patient care is excellent and no one on call at the time of the alleged incident could verify any wrongdoing; 2) with regard to the request that Ms. Therkelsen be permitted to train fire and police personnel in the area of seizures, Mr. Buresh said that he had talked to Dr. Crimmons and it was his recommendation that Ms. Therkelsen apply directly to the EMS Council Training Committee to access the training system; and 3) with regard to the request that a memorandum dated December 10, 1975 be recalled, Mr. Buresh said that the memorandum was written under a different medical director and is no longer in the files, that the orders written by Dr. Crimmins dated August 26, 1985 regarding treatment of Ms. Therkelsen supercede any prior directive. Mr. Buresh stited that Dr. Crimmins is on duty at the hospital but that he is planning to appear at this meeting. memorandum from Dr. Crimmins dated August 1, 1986, in which he outlined and recommended a procedure with regard to emergency response to Ms. Therkelsen. Upon Dr. Crimmins' arrival he said that he agreed that individuals have the right to refuse treatment and transportation but that the problem is in communicating that information to paramedics at the scene of an emergency, particularly when the patient is incompetent. request to refuse treatment and transportation could be honored by following the procedure outlined in his memorandum of August 1, 1986 which provides a system that allows police and fire personnel to operate under the statutes and ordinances regulating emergency medical servies. In response to the procedure proposed by Dr. Crimmins, Ms. Therkelsen said she understood that when 911 is called that a response must be sent but that on a number of occasions when she has had a seizure she has been able to sign refusals for treatment and transport, that her doctor has written a letter that she is to be taken to Ridgedale Urgent Care Center, and that she definitely did not want the Edina paramedics to touch her. She stated that she felt the paramedics are still operating under the 1975 directive concerning emergency response to her. Member Richards said he was concerned about setting up a special procedure for one person and also possible liability for the City. Attorney Erickson opined that a signed waiver should be obtained for each occasion of emergency response to Ms. Therkelsen and that the proposed procedure should be set up as a general procedure for treating persons who have epileptic seizures. Dr. Crimmins clarified that the proposed proecdure for Ms. Therkelsen would mean that the normal procedure for medical emergencies would be waived and that the paramedics would visually evaluate her for trauma or medical complica- tions and if none are apparent the paramedics would clear the scene. Erickson asked Ms. Therkelsen if she was willing to accept the proposed procedure with no "hands on" examination as written in the August 1, 1986 memorandum. Ms. Therkelsen said they should ask her if she was having an insulin reaction because that would be an emergency. should either accept the "hands on" examination procedure or not accept it. Member Richards asked what role the Council was being asked to play. he wanted to register his dissent to approval of this policy, that the paramedics are professional in every sense of the word and he has seen nothing to indicate Mr. Buresh presented the following responses: Manager Rosland referred to a . He stated that Ms. Therkelsen's . Attorney Dr. Crimmins stated that Ms. Therkelsen He said otherwise, and that he would not be. a part of telling them how to do their job. Steve Clausen identified himself. as a friend of Anne Therkelsen and said he felt that the Edina paramedics over-react to persons having seizures, that other com- munities use more discretion and take into account the individual's medical history. Mr. Erickson asked Ms. Therkelsen if her basic concern is that she felt the Edina paramedics will unnecessarily abuse her to which she answered "yes". Mr. Erickson said the issue then is whether or not the Council believes the paramedics unnecessarily abuse Ms. Therkelsen as opposed to everybody else and, if so, then presumably she is entitled to some special treatment or special procedure. Manager Rosland pointed out that at the last meeting the Council had asked the staff to work with Dr. Crimmins to come up with some procedure for discussion in response to Ms. Therkelsen's concerns and that this is really a medical issue on which the Council should not have to make a judgement. Dr. Crimmins then said that there seems to be enough controversy about the proposed policy that he did not feel it appropriate at this time; that the paramedics will continue using present procedures; that Ms. Therkelsen may refuse treatment and transport if she signs a waiver form that will be offered to her. * I Member Turner said she would like to see some kind of procedure that 8/4/86 202 is uniform for anyone having seizures and that would answer some of the questions that have been raised. Member Bredesen commented that he would not support a separate procedure for a separate individual and that he would not be comfortable with instructing the Edina paramedics to implement the proposed procedure for Ms. Therkelsen. at length and that it is felt the paramedics are doing an excellent job in responding to emergencies. Mayor Courtney concluded that the matter had been discussed ' No formal action was taken by the Council. EQUIPMENT REPLACEMENT SCHEDULE DISCUSSED. Manager Rosland presented an Equipment Replacement Schedule for all departments of the City showing the present replace- ment unit price, the expected life and the annual dollar need for replacement. The'total replacement unit price for all departments is $7,537,598.00 with an annual dollar need of $709,010.95. an amount of $595,000 was budgeted for equipment replacement. the difference in annual need is because office equipment has been added to the schedule of rolling stock and equipment. Mr. Rosland said that the 1987 Budget would reflect the equipment replacement annual need by department. He pointed out that in the present 1986 budget He explained that 1987 BUDGET ASSUMPTIONS PRESENTED AND DISCUSSED. its meeting on July 14, 1986, the Council had directed staff to prepare several budget scenarios for consideration as a preview to the 1987 Budget process. This approach was suggested by the Management Audit Committee "to establish a framework of expectations for the final budget before the actual budgeting process starts." For the purpose of projecting 1987 revenues and expenditures the following budgeting elements have been combined: Revenues: Real Estate Taxes, Fees & Charges, . State/Federal Aid and Liquor Transfer; Expenditures: Personal Services, Contracted Services/Commodities, Capital Budget, Equipment Replacement and Insurance. Depart- ment heads were invited to submit suggestions for new programs/proj ects/equipment . Overall Assumptions: 3% increase in assessed value; no additions to staff unless specific additional programs are authorized; salary & wage adjustments based upon salary adjustments of 2%, 3% and 3%; non-tax revenues will decrease approximately $130,000 from 1986 (reduction of liquor store contributions, building permit. receipts and police aids). Nr. Rosland presented the following scenarios,summarized as follows: Scenario 1: Overall Zncreise in Expenditures of $604,326 or 5.7%, Increase in Tax Revenues of $735,191 or 9.9% for a total budget of $11,214,040. Increase in Expendiixres of $790,424 or 7.5%, Increase in Tax Revenues of $921,841 or 12.4% Includes Equipment Replacement of $114,000, Council Salary Increase of $10,000 and Centennial Funding of $25,000 for a total budget of $11,400,540. Scenario 3: Overall Increase in Expenditures of $1,015,076 or 9.6%, Increase in Tax Revenues of $1,145,941 or 15.4%. Park Security Program of $23,250, Human Relations of $30,000, Mobile Data Terminals of $15,000, Sidewalk Plow of $45,000 and Cardtrol Gas System of $15,000 for a total budget of $11,624,790. If Council elects to fund depreciation on the swimming pool, recreation center, gun range and art center approximately $75,000 must be added to each. Mr. Rosland said he would like to have some discussion or direction on drafting the 1987 Budget docu- ment. commented that she would like to see some contingency budget put up against the one mill increase; that she would like to see some other trade-off to keep it at 11.3 mills and suggested raising fees to offset park and recreation costs for maintaining fields. Member Bredesen said that expenditures should be in line with a combination of the overall cost of living increase and some special adjustments for insurance and depreciation for equipment and that an overall increase of 6-6s would be reasonable. He.added that he was more interested in knowing the cost of specific programs $ha* in unit prices for each line item. an overall increase of 6-6% %. on Scenario 2 for gross numbers with some options and trade-offs such as present service levels versus new programs. Member Richards commented he agreed with Member Kelly to keep the budget at zero percent increase other an adjustments for inflation. Mr. Rosland said staff would draft a budget document that would reflect the comments and discussion of the Council. No formal action was taken. NINE: YEAR'CAPITAL PLAN PRESENTED. Plan for the City showing projected capital expenditures for each year in these catagories: City Hall, Public Works Buildings, Fire Department, Police Department, Storm Sewers, Parking Ramps, Parking Lots, Streets & Alleys, Bridges, Street . Lighting, Sidewalks & Paths, Parks, Golf Course, Swimming Pool, Art Center, Gun Range, Recreatibn Center/Arena, Liquor and Utilities. He said the Plan would be adjusted' gradually back to a Five Year Plan and that some changes have been made. The Capital Plan would be reflected in the budget beginning with the 1987 Budget as a one line item. No formal action was taken. Manager Rosland recalled that at ~ 1 Scenario 2: Overall Includes New Programs: Speed Control of $58,500, -. All scenarios showed an insurance increase of $300,000.. - Re added that an increase of $700,000 would,:approximate one mill. Member Kelly Mayor Courtney said he would favor Member Turner said she would support a budget based. . . ;' Manager Rosland presented a Nine Year Capital 8/4/86 203 ADJUSTED CAPITAL PLAN FOR 1986 PRESENTED. Capital Plan for 1986 noting adjustments in these categories: City Hall, Fire Department, Streets, Alleys, Bridges, Street Lighting, Sidewalks and Paths, and Utilities Fund providing an adjustment from $3,665,000 down to $2,958,000 for 1986. No formal action was taken. Manager Rosland presented a revised NINE MILE CREEK WATERSHED DISTRICT APPOINTMENT APPROVED. Mr. Rosland noted that the term of Helen McClelland as board member on the Nine Mile Creek Watershed District will be expiring September 29 and that she is seeking re-appointment. Member Turner's motion was seconded by Member Bredesen to recommend to the Hennepin County Board of Commissioners that Helen McClelland be re-appointed to the Nine Mile Creek Watershed Board. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. REPORT GIVEN ON MINNEHAHA CREEK WATERSHED FLOOD PLAIN. Kelly, Engineer Hoffman reported that since the last Council Meeting he had met with Mrs. Margaret Francis and representatives of the Department of Natural Resources (DNR) who together had inspected the Cascade Lane properties which have had flooding problems, the Circle West properties, and the dike located in the Meadowbrook Golf Course which had failed during June. He had also talked with the Minneapolis Park Board which had hired an engineering company to inspect the dike. that the June 21st flooding occured as a result of water flowing over the top which then washed out a section of the dike. will be recommended. Mr. Hoffman said that he had asked the DNR for their attitude towards some minor filling if the City does some projects near the flood area. in the.flood way that some filling would be appropriate. That would then alleviate some concerns in the Cascade Lane area, the Spur Road area and the properties on the east side of Circle West. The properties on the west side of Circle West would be protected by the raising of the dike. Mr. Hoffman pointed out that the City of St. Louis Park is asking the Minnehaha Creek Watershed District to review the whole issue of creek flooding and that staff would work with St. Louis Park to relay to the watershed board the concerns of all the residents living on the creek. He said he is working with Mrs. Francis to get her support for a proposed Cascade Lane project to bring to the Council. Kelly asked that a letter be sent to the affected property owners giving them this information. No formal action was taken. 911 CALLICAMELBACK DRIVE DISCUSSED. to a 911 emergency call from a residence on Camelback Drive on July 23. Swanson explained that all 911 information is immediate and that the questio-n is as to how the information was interpreted as to the nature of the emergency. He added that for a bonafide emergency the response time is always under five minutes for police and ambulance response time is 7-8 minutes unless another ambulance service has toTbe called. be checked and that the information be reported to her. As requested by Member As a result of that inspection a verbal rtport indicated Adding height to the structure They responded if it were in the flood fringe as opposed to being Member Member Kelly questioned the response time Chief Member Kelly asked that the call SCHOOL BOARD STUDY ON CHANGING LEARNER NOTED. Edina School Board had reported a study on the changing learner and said that information would be good for the Council to have for its Strategic Planning. She suggested the Council meet with the School Board to exchange information and ideas as to family make-up, etc. Member Kelly noted that the No action was taken. REPORT GIVEN ON 1-494 TASK FORCE MEETING. Member Turner reported that the 1-494 Project Management Team had met last Wednesday and discussed briefly the public information plan, heard a presentation on the megamall road improvements designs and received a memorandum on the.key issues involved in the 1-494 Corridor Study. She suggested that on August 18 the Council in considering amendments to the Comprehensive Plan take some time to discuss those key issues. taken . No action was REZONING REQUESTS/SIGNS DISCUSSED. a sign for rezoning is erected that the Council be advised of what is proposed for the property. Member Richards commented that he did not care to know any- thing about the proposal until it comes before the Council in a public hearing; that the process of staff review and consideration by the Planning Commission is thorough and he so advises citizens who may call him regarding rezonings and refers them to staff for information. a sense of preconceived judgement regarding a proposal by having information before it is heard by the Council. agreed that staff not advise the Council'of what is proposed and that the Council refer calls to the staff for information. Member Turner said it may be helpful when He added that he did not want. to convey After some discussion it was informally 8/4/86 204 MEMBER BREDESEN WILL NOT SEEK RE-ELECTION. Member Bredesen announced that he will not seek re-election to the Council because he has been concerned that he has not had t3e time available to serve as Council Member in the way he would like to serve and that he felt the need to spend time-with his family. MUNICIPAL LEGISLATIVE COMMISSION CHANGES NOTED. Municipal Legislative Commission has selected Messerli & Kramer as its new legislative counsel to represent them at the State Capitol on legislative matters regarding tax and local government finance issues. dues have been decreased from $14,000 to $9,200. DEATH OF ROBERTA BLOCK NOTED WITH REGRET. of Dr. Roberta Block, former superintendent of the Edina School District. SPECIAL COUNCIL M3ETING ON AUGUST 11 CANCELLED. Mr. Rosland recommended that the Council not meet in special session on August 11 because the Council has basically completed its Strategic Planning for the year. It was informally agreed to cancel the special meeting scheduled for that date. Manager Rosland said that the He also commented that the No action was'taken. Mr. Rosland noted with regret the death ELECTION JUDGES APPOINTED FOR PRIMARY ELECTION. Member Bredesen introduced the following resolution and moved its adoption: As recommended by the City Clerk, RESOLUTION BE IT RESOLVED by the Edina City Council that the following Election Judges be appointed to serve on the Election Boards for the Primary Election to be held on September 9, 1986, and that the City Clerk be and is hereby authorized to make any substitutions or additions as may be deemed necessary: Precinct No. 1 - Eugenia Williams, Chair, Lois Hallquist, .Doris Capetz, Muriel Clausen, Barbara Anderson, Dorothy Richardson, Alternate; Precinct No. 2: Marjorie Ruedy, Chair, Pauline Carroll, Joan Flumerfelt, Dale Jaspers, Kathleen Saterbak, Carolyn Bisson, Alternate; Precinct No. 3: Linda Smith, Chair, Carol Bucklin, Deidre Hedrick, Patricia.Dil1, Judith O'Brien, Barbara McDavitt, Alternate; Precinct No. 4: Shirley Dibble, Chair, Jeanette Lushine, Helen Stafford, Rachel Schoening, Virginia Courtney, Marion Cracraft, Alternate; Precinct No. 5: Linnea Erickson, Chair, Carol McPheeters, Phyllis Cooper, Rosemary McGlynn, Mildred Karr, Betty Benjamin, Alternate; Precinct No. 6: Jane Bains, Chair, Catherine Swanson, Sue Zwakman, Barbara Herbers, Mary Cleaveland, Jean Flaaten, Alternate; Precinct No. 7: Bess Brudelie, Chair, Helen Peterson, Eunice Overby, Naomi Ward, Kathy Engquist, Gertrude Snoeyenbos, Alternate; Precinct No. 8: Jane Moran, Chair, Myra Hykes, Florence Freudenthal, Kathy Bradford, Manna Reding, Barbara Rapp,' Alternate; Precinct No. 9: Aileen Konhauser, Chair, Jacqueline Lindskoog, Nancy Grimsby, Patricia Monson, Betty Comstock, Joanne Bergseng, Alternate; Precinct No. 10: Mary Shoquist, Chair, Jo Ann Lonergan, Shirley Byrne, Ruth Haggerty, Kathryn Rivers, Phyllis Jensen, Alternate; Precinct No. 11: Geneva Smith, Chair, Alice Burnell, Gina Sherman, . Carol Melichar, Jean Mata, Connie Hondl, Alternate; Precinct NO. 12: Ardis Wexler, Chair, Carol Hite, Doris Barry, Shirley Bjerken, Karen Carlson, Monica Nilles, Alternate; Precinct No. 13: Edna Thomsen, Chair, Patricia Harmon, Ebba Frykman, - Ellen Braatz, Shirley Johnson; Precinct No. 14: Mary Jane Platt, Chair, Joyce Eianson, Karen Knutsen, Esther Olson, Louise Carlson, Doris Peterson, Alternate; . - Precinct No. 15: Dorothy Ollman, Chair, Jean Teasley, Kay Luikens, Jean Hare, Sharon Soderlund, Ann Bros, Alternate; Precinct No. 16: Mary McDonald, Chair, Patricia Halvorson, Nathalfe Person, Donna Montgomery, Caroline Scott, Kathryn Anderson, Alternate; Precinct No. 17: Lorna Livingston, Chair, Joyce Koets, Mary Ryan, Marie Bachman, Margaret Delaney, Fay Clark, Alternate;* Precinct No. 18: Betty Doolittle, Chair, Selma Shelton, Doris Blake, Linnea Erhardt, Patricia MacCornack, Beverly Orr, Alternate; Precinct No. 19: Charlotte 'Scanlon, Chair, Audrey Nankiville, Jean Altman, Betty Thorson, Jean Vesper, Ann LaBovsky, Alternate; Precinct No. 20: Patricia Olander, Chair, Zelma Gray, hits Delegrad, Cathleen Giertsen, Judith Larson, JoAnn Findell, Alternate. Motion for adoption of the resolution was seconded by Member Kelly. I . . Rollcall: Ayes: . Bredesen, Kelly, Richards, Turner, Courtney I 4 Resolution adopted. CANVASSERS APPOINTED FOR PRIMARY ELECTION. Member Bredesen'introduced the following resolution and moved its adoption: BE IT HEREBY RESOLVED that-the Edina City Council hereby appoints the following as members of the Canvassing Board for the Primary Election to be held.on September 9, 1986: Ernest Buffington, John Fecho, Harold Habighorst, Glenn Harmon, Richard Herkal, Virgil Johnson, Rolland Lindberg, Harry Melin, Sam Mobley, Howard Norback, Chet Omat, Willard Ott, Ralph Peters and Al Woods; BE IT FTJRTHER RESOLVED that the Clerk be and is hereby authorized to make any substitutions or additions as may be necessary. Motion for adoption of the resolution was seconded by Member Kelly. As recommended by the City Clerk, RE SOLUTION Rollcall? Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. i 8/4/86 205 ORDINANCE NO. 118-A1 ADOPTED (EXTENDING MORATORIUM ON SKATEBOARD RAMPS); SECOND READING WAIVED. 1985 adopted an ordinance imposing a moratorium on the construction of skate- board ramps. In May of this year the Council had discussed the issue and had directed staff to attempt to obtain additional information on skateboard ramps as to defining them and also how other communities regulate them. He reported that staff has not been able to get information from this area and is working through the League of Cities to try to get information from the state of Cali- fornia. Staff would therefore recommend that the moratorium be extended. Member Turner introduced the following ordinance and moved its adoption with waiver of second reading: Mr. Rosland recalled that the Council had in August of ORDINANCE NO. 118-AI. AN ORDINANCE AMENDING ORDINANCE NO. 118 TO EXTEND THE MORATORIUM ON THE CONSTRUCTION AND INSTALLATION OF SKATE BOARD RAMPS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2 of Ordinance No. 118 preceding the colon is amended to read as follows: Moratorium. From the effective date of this ordinance to the first Regular 11 Council Meeting in January of 1987, subject to earlier termination or extention by the Edina City Council, the Edina City Council and the Edina Ci.ty staff shall not :I' Sec. 2. This ordinance shall be'in full force and effect upon its passage . and publication. First Reading: August 4, 1986 Second Reading: Waived City Clerk , . - - Motion for. adoption of the ,ordinance was seconded by Member Bredesen. Rollcall : .. Ayes: Bredesen, Kelly, .Turner, Courtney Nays: Richards Ordinance adopted. . CLAIMS ' PAID. Motion of Member Kelly was .seconded by Member Turner for 'payment of the following claims as per pre-list of 8/4/86: General Fund $202,849.86; Art Center $359.52, Swimming Pool Fund $2,790.91, Golf Course. Fund $32,196.75, Recreation'Center' Fund $1,638,48, Gun Range Fund $29,00, Utility Fund $195,488.31, Liquor Dispensary Fund $2,208.47,. Construction Fund $443.94, IMP Bond Redemption #2 $5,451.62,, ,,Total, $443,456.86. Ayes: Bredesen, Kelly, Richards, .Turner, Courtney Motion carried., ' .. .. There being' no further .business on the agenda; Mayor Courtney declared the meeting adjourned.at 1O:lO p.m. . ' 3&*LLL City Clerk