Loading...
HomeMy WebLinkAbout19870601_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 1, 1987 425 Answering rollcall were Members Kelly, Smith, Turner and Mayor Courtney. 1 a a ROBERT BURESH COMMENDED. from the position of Public Safety Director as of May 29, 1987, having worked for the City since 1949 when he started on the then Volunteer Fire Department. became a fulltime employee in 1957 and progressed to Fire Chief and then to Public Safety Director. Fire Department into one of the finest in the country, the nurturing of the City's paramedic service and the merging of the Fire and Building Departments with regard to building inspections to promote public safety. Mr. Rosland commended him for his many years of dedicated service to the City and presented him with a silver pen bearing the City logo. appreciation and thanks. to him. CONSENT AGENDA ITEMS ADOPTED. Member Kelly to adopt the consent agenda, with the exception of the removal of items IV.A.l and 2 and 1X.A. Manager Rosland commented that Robert Buresh retired He Among Mr. Buresh's many achievements was the development of the Members of the Council also expressed their ' Motion was made by Member Turner and seconded by i j' Rollcall : Ayes: Kelly, Smith, Turner, Courtney Motion carried. *MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 18. 1987 APPROVED. Motion was made by Member Turner and seconded by Member Kelly to approve the minutes of the regular Council Meeting of May 18, 1987. Motion carried on rollcall vote, four ayes. PUBLIC HEARING CONCLUDED: STREET IMPROVEMENT NO. BA-278 ORDERED. Engineer Hoffman recalled that the public hearing on Street Improvement No. BA-278 (Link Road) was continued from the meeting of May 18, 1987 to allow for additional discussion on design and access issues and development of a plan acceptable to all parties. As background to this project, Mr. Hoffman said this is a continuation of an initial hearing involving what is known as Issue Area 1 in the Grandview Area Traffic Study prepared by BRW in April, 1984. The neighbors in Richmond Hills 2nd Addition have supported the current proposal to resolve what has been a continuing problem at Eden Avenue and Vernon Avenue. Additionally, overall traffic operations have been reviewed in light of existing and potential developments in the Grandview Area. includes Vernon Avenue/Eden Avenue/Link Road/West 53rd Street. improvement would be another phase of the Grandview area plan. Eden Avenue at Vernon and would include a traffic signal at Link Road. the project work, additional right of way will need to be acquired from Superamerica. north and west side of Vernon Avenue. most, staff had met with them on several occasions as well as with Hennepin County. concerns they might have with the closing of the Eden Avenue access. indicated that they had no objection but wanted to maintain good visibility. said that Superamerica had some concerns with the initial proposal as to access to their property. In subsequent meetings with Superamerica the plan has been revised to add a right turn lane on Vernon Avenue from west of Link Road to the first westerly driveway of Jerry's with a new curb cut from Vernon Avenue into Superamerica. This change would address a major'concern that staff has had for easterly bound vehicles trying to enter Superamerica via Link Road and also would alleviate Superamerica's concerns regarding access to their property from Vernon Avenue. $170,047.24 to $194,354.33. Hennepin County are in agreement with that change in the plan and before staff can proceed on the right of way issues the Council must approve the project. Cohen, representing the Richmond Hills Home Improvement Association, said that they have been looking for this for the past 30 years. Member Smith asked what traffic controls there would be at Eden Avenue/Link Road and how the project is proposed to be funded. In response, Mr. Hoffman said there would be a STOP sign for Eden Avenue traffic at Link Road and that Eden would have three lanes, with a 90 degree intersection at Link. In view of possible future redevelopment in the area with additional traffic, Member Smith questioned whether a right turn lane out of Eden with a YIELD sign might be a more preferable design. if the proposed design did not work well in the future, a one-lane, one way out for right turns could be provided. by HRA funds. Mr. Hughes explained that at the time the Grandview parking ramp that is under construction was approved the City sold a $2,000,000 bond issue. The purpose of that issue>was to provide funds for the construction of the ramp as well as this improvement. within the Grandview Redevelopment District and that no portion of the cost of the subject improvement will be assessed. coming out of the district to fund this improvement. Mr. Cohen asked as to the timeframe for the proiect. Mr. Hoffman said if the Droiect is amroved bv the Mr. Hoffman explained that the general area under discussion This proposed It would close off To make Earlier the Council approved construction of sidewalk along the Because Superamerica would be affected the Mr. Hoffman said that he also has met with First Minnesota Bank as to any They He * This would result in an increased cost estimate for the project from Mr. Hoffman said that at this point Superamerica and Ron Mr. Hoffman said Mr. Hoffman said the project would be funded Those bonds will be repaid by tax increments received He added that there is adequate increment 6/1/87 426 Council and the right of way issues are resolved, the project can be completed later this year. introduced the followinn resolution and moved its adoption: No further comment or objection being heard, Member Smith RESOLUTI~N ORDERING LINK ROAD IMPROVEMENT NO. BA- 278 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvement: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as PERMANENT STREET SURFACING AND CURB & GUTTER IMPROVEMENT NO. BA-278, cost of which shall be paid from Edina Housing and Redevelopment Authority funds. Motion for adoption of the resolution was seconded by Member Turner. PERMANENT STREET SURFACING AND CURB & GUTTER IMPROVENENT NO. BA-278 Rollcall : Ayes: Kelly, Smith, Turner, Courtney Resolution adopted . r i' PUBLIC HEARING CONDUCTED: SIDEWALK IMPROVEMENT NOS. S-38 AND S-39 ORDERED. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter set forth: A. SIDEWALK IMPROVEMENT NO. S-38 IN THE FOLLOWING: Olinger Boulevard from Bredesen Park Path to Tracy Avenue Engineer Hoffman advised that this informal public hearing has been called as a result of requests from residents in this area for better pedestrian access to Bredesen Park . He explained that this sidewalk improvement is part of the Bredesen Park project and would close the one missing link for sidewalk access to the park. The estimated cost of the improvement is $28,242.25 and it is proposed to pay the entire cost from Municipal State Aid funds with no assessment against abutting property. sidewalk will be the responsibility of the City. The sidewalk is proposed to be five feet wide, constructed of Portland Cement concrete and would be constructed along the south side of Olinger Boulevard, abutting Countryside Park, Colonial Church and Nine Mile Village property. existing property features to the greatest extent possible. MY. Hoffman said that representatives of Nine Mile Village Townhouse Association have met with staff and support the sidewalk project. project has been received from Jeanne BeVier, 6216 Sandpiper Court. comment or further objection being heard, Member Turner introduced the following resolution and moved adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvement: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SIDEWALK IMPROVEMENT NO. S-38, cost of which shall be paid from Municipal State Aid finds. Under present City policy, he said that snow removal of the - I The alignment will be varied to protect He advised that a letter of objection to the No public RESOLUTION ORDERING SIDEWALK IMPROVEMENT NO. S-38 SIDEWALK IMPROVEMENT NO. S-38 1 Rollcall : Ayes: Kelly, Smith, Turner, Courtney 1 Resolution adopted. 1 B. SIDEWALK IMPROVEMENT NO. S-39 IN THE FOLLOWING: West 70th Street from Valley View Road to France Avenue Engineer Hoffman said that this informal public hearing on construction of sidewalk on the north side of West 70th Street is the result of concerns expressed by child care providers on the north side for better pedestrian access to the Cornelia School Park area. He explained that this sidewalk improvement is not in the capital plan but that he felt the safety issue for the children was important. It is proposed to pay the entire cost of the improvement, estimated at $18,134.34, from Municipal State Aid Funds. responsibility of the City. constructed of Portland Cement concrete. existing property features to the greatest extent possible. if any other sidewalk projecF-would be bumped in this year's capital plan in order to pay for the construction from Municipal State Aid funds. Hoffman said that because the France Avenue project has been dropped back there are adequate funds available. removal from sidewalks and the ongoing funding for this maintenance. Mr. Hoffman explained that prior to 1973 the City virtually had no sidewalks except for those Maintenance of the sidewalk will be the The sidewalk is proposed to be five feet wide and The alignment will be varied to protect Member Turner asked In response, Mr. Member Smith questioned the City's policy on snow 427 that were neighborhood oriented and which were maintained by the residents. to that point in time the City on various occasions held public hearings to construct sidewalks and assess the cost to benefitted properties. All such hearings failed because of objections from the property owners affected. Mr. Hoffman said that in,1973 the City changed its policy by saying we would look at establishing sidewalk on at least one side of high volume collector roadways to be paid out of Municipal State Aid funds. The City does receive annually funds for maintenance of those sidewalks and does get adequate funds for both the capital expenditure and maintenance of those sidewalks. No public comment or objection being heard, Member Kelly introduced the following resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvement: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as: SIDEWALK IMPROVEMENT NO. S-39, cost of which shall be paid from Municipal State Aid funds. Motion for adoption of the resolution was seconded by Member Turner. Prior RESOLUTION ORDERING SIDEWALK IMPROVEMENT NO. S-39 SIDEWALK IMPROVEMENT NO. S-39 Rollcall : Ayes: Kelly, Smith, Turner, Courtney Resolution adopted. *LOT DIVISION APPROVED FOR LOT 5. BLOCK 1. BRAEMAR HILLS 11TH ADDITION (7700 MARTH COURT AND 5901 LONG BRAKE TRAIL). by Member Kelly to adopt the following resolution: WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Lot 5, Block 1, Braemar Hills 11th Addition except the northerly 30 feet* thereof; and Lot 2, Block 2, Braemar Hills 10th Addition and the northerly 30 feet of Lot 5, Block 1, Braemar Hills llth Addition. Motion was made by Member Turner and seconded RESOLUTION Lot 5, Block 1, Braemar Hills llth Addition; and 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 Ordinances 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 not waived for any other purpose or as to any other provisions 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 carried on rollcall vote, four ayes. LOT DIVISION APPROVED FOR LOT 5, BLOCK 1. INDIAN HILLS 3RD ADDITION (6537-39 MC CAULEY TRAIL). Member Smith stated that he had asked that agenda items IV.A.2 and 4 be removed from the consent agenda because he questioned the division of lots of less than 100 foot in width into separate parcels when the Zoning Ordinance requires a minimum lot size. Mr. Larsen explained that party wall division of double unit dwellings are requested to facilitate individual ownership of the units for tax purposes and that for ordinance purposes the-division is really an imaginary line; that the key is the initial zoning of the property which distinguishes between the R-1 and R-2 lots as to appropriate size. made by Member Smith and seconded by Member Turner to adopt the following resolution: Motion was RESOLUTION WHEREAS, the following described - property is at present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Lot 5, Block 1, Indian Hills 3rd Addition; and That part of Lot 5, Block 1, Indian Hills 3rd Addition lying southeasterly of a line drawn from a point on the South line of said Lot 5, distant 46.32 feet northwesterly of the Southeast corner thereof, to a point on the North line of said Lot 5, distant 53.62 feet northwesterly of the Northeast 6/1/87 428 corner thereof, as measured along said North line. and That part of Lot 5, Block 1, Indian Hills 3rd Addition lying northwesterly of a line drawn from a point on the South line of said Lot 5, distant 46.32 feet northwesterly of the Southeast corner thereof, to a point on the North line of said Lot 5, distant 53.62 feet northwesterly of the Northeast corner thereof, as measured along said North line. 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 Ordinances 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 requirehents 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 not waived for any other purpose or as to any other provisions thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent 5 ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote, four ayes. . *LOT DIVISION APPROVED FOR LOT 7. BLOCK 1. INDIAN HTXLS 3RD ADDITION (6545 MC CAULEY TRAIL AND 630L TIMBER TRAIL).. seconded by Member Kelly to adopt the following resolution: WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Motion was made by Member Turner and RESOLUTION Lot 7, Block 1, Indian Hills 3rd Addition; and That part of Lot 7, Block 1, Indian Hills 3rdAddition, Hennepin County, Minnesota, lying easterly of a line and its southerly .extension drawn from a point on the North line of said Lot 7 distant 63.5 feetmorthwesterly of Northeast comer of said Lot 7, to a point on the South line of said Lot 7 distant 43.14 feet northwesterly of the Southeast comer of said Lot 7, and there terminating; and . That part of Lot 7, Block 1, Indian Hills 3rd Addition, Hennepin County, Minnesota, lying westerly of a line drawn from apoint on the North line of said Lot 7 distant 63.5 feet northwesterly of the Northeast comer of said Lot 7, to a point on the South line of said lot 7 distant 43.14 feet northwesterly of the Southeast corner of'said Lot 7, and there terminating. the 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 Ordinances 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 not waived for any other purpose or as to any other provisions 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 carried on rollcall vote, four ayes. LOT DIVISION APPROVED FOR LOT 5. BLOCK 2. STOW'S EDGEMOOR ADDITION (7015-17 LYNMAR LANE). following resolution: WHEREAS, the following described property is at present a single tract of land: Lot 5, Block 2, Stow's Edgemoor Addition; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Motion of Member Smith was seconded by Member Turner to adopt the RESOLUTION Parcel A: That part of Lot 5, Block 2, Stow's Edgemoor Addition, according to the recorded plat thereof, Hennepin County, Minnesota, lying north of a line, and its extensions, drawn from a point on the west line of said Lot 5 distant 47.00 feet north of the southwest corner thereof, as measured along said east line, and subject to easements of record; and 1- Parcel B: That part of Lot 5, Block 2, Stow's Edgemoor Addition, according to the recorded plat thereof, Hennepin County, Minnesota, lying south of a line, and its extensions, drawn from a point on the west line of said Lot 5 distant 47.00 feet north of the southwest corner thereof, as measured along said west line, to a point on the east line of said Lot 5 distant 47.00 feet 429 north of the southwest corner thereof, as measured along said east line, and subject to easements of record. 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 Ordinances 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 Cracts 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 not waived for any other purpose or as to any other provisions 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 Edha or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote, four ayes. *LOT DIVISION APPROVED FOR JERRY'S ENTERPRISES (5101 VERNON AVENUE). made by Member Turner and seconded by Member Kelly to adopt the following resolution: WHEREAS, the following described property is at present a single tract of land: Motion wak RESOLUTION TRACT I. PARCEL 1: Lots 11, 12, 13 and 14, Block 3, Grand View Heights and Lots 15, 16 and 17, Block 3, Grand View Heights, and that part of Lot 18, Block 3, Grand View Heights, lying South of a line running from a point on the West line of said Lot 18, a distance of 1.20 feet South from the Northwest corner of said Lot 18 to a point in the East line of said Lot 18, a distance of 0.70 feet South from the Northeast corner of Lot 18, except the West 17.5 feet of said Lots 15, 16, 17 and 18, all according to the map or plat on file or of record in the office of the County Recorder, Hennepin County, Minnesota. "- TRACT I. P~RCEL 2: The West 17.5 feet of Lots 15, 16, 17 and 18, Block 3; All of Lots 18, 19 and 20 and that part of Lot 17 lying East of a line drawn from the Southwest corner of said Lot to a point on the North line of said Lot a distance of 28 feet East of the Northwest corner thereof, all in Block 4 together with all of vacated Summit Avenue lying Southerly of the Easterly extension of the North line of Lot 17, Block 4, and Northerly of the Easterly extension of the South line of Lot 20, Block 4, all according to the plat of Grand View Heights on file or of record in the office of the County Recorder, Hennepin County, Minnesota. TRACT I, PARCEL 3: Lots 19, 20, 21, 22 and that part of Lot 18 lying North of a line running from a point on the West line of said Lot 18, a distance of 1.20 feet South of the Northwest corner of said Lot 18, to a point on the East line of said Lot 18, a distance of 0.70 feet South of the Northeast corner of said Lot 18 and there terminating, except the West 17.5 feet of said Lot 18, and: together with all of that part of the East 1/2 of vacated Summit Avenue lying North of the South line of Lot 19 as extended West, and South of the North line of Lot 22 as extended West; all in Block 3, "Grand View Heights," according to the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota. TRACT I. PARCEL 4: That part of Lot 16 lying East of a line drawn from a point on the South line thereof distant 28 feet East of the Southwest corner of said Lot 16 to a point on the North line of said lot distant 47 feet East of the Northwest corner thereof, Block 4, Grand View Heights, and that part of the West Half of the adjoining vacated Summit Avenue lying between the extensions across it of the North and South lines of said Lot 16, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. TRACT I, PARCEL 5: That part of Lots 13 to 15 inclusive, Block 4, Grand View Heights, lying East of State Highway No. 5 and that part of the adjacent portion of the West Half of vacated Summit Avenue lying between the Easterly extensions across said Avenue of the North line of said Lot 13 and the South line of said Lot 15, which lies Westerly of a line parallel with and 90 feet Easterly of the center line of said State Highway No. 5, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. TRACT I. PARCEL 6: That part of Lots 13 to 15 inclusive, Block 4, Grand View Heights, and that part of the adjacent portion of the West Half of vacated Summit Avenue, adjoining Lots 13 to 15 inclusive, lying between the Easterly extensions across said Avenue of the North line of said Lot 13 and the South line of said Lot 15, all of which lies Easterly of a line parallel with and 90 feet Easterly of the center line of State Highway No. 5, according to the plat thereof on file or of record in the office of the Register Deeds in and for said County. TRACT I, PARCEL 7: The South 20 feet of Lot 23, Block 3, Grand View Heights and the South 20 feet of that part of the adjacent portion of the East half: of vacated Summit 6/1/87 430 Avenue lying Northerly of the Westerly extension of the South line of said Lot 23 across said Summit Avenue. TRACT 11. PARCEL 1: Tract B, Registered Land Survey No. 1393, Files of the Registrar of Titles, Hennep in County. - - TRACT 11. PARCEL 2: Lots 23 and 24, Block 3, Grand View Heights and that part of the adjacent portion of the East Half of vacated Summit Avenue lying Noitherly of the-Westerly extention of the South line of said Lot 23 across said Summit Avenue and lying Southerly of the Westerly extension of the North line of said Lot 24 across said Summit Avenue, except the South 20 feet of Lot 23 and except the South 20 feet of vacated Summit Avenue. TRACT 11. PARCEL 3: That part of Lots 11 and 12, Block 4, lying East of State Highway No. 5, Grand View Heights, and that pa$t of the adjacent portion of West Half of vacated Summit Avenue lying between the Easterly extensions across said avenue of the North line of said Lot 11 and the South line of saidLot12, which lies Westerly of a line parallel with and 90 feet Easterly of the center line of said State Highway No. 5, according to the plat thereof on file or of record.in the office of the Register of Deeds in and for said County. TRACT 11. PARCEL 4: That part of Lot 12, Block 4, Grand View Heights, and that part of the adjacent portion of West Half of vacated Summit Avenue, adjoining said Lot 12, lying between the Easterly extensions across said Avenue of the North and South lines of said Lot 12, all of which lies Easterly of a line parallel with and 90 feet Easterly of the center line of State Highway No. 5, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said county. TRACT 11, PARCEL 5: . That part of the East Half of vacated Summit Avenue 1yLng adjacent to and West of Tract B, Registered Land Survey No. 1393, Files of.ehe Registrar of Titles, Hennepin County, Minnesota. WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Parcels 1, 2, 3, 4, 5, 6 and 7 of Tract I all as described above. and WHEREAS, it has been determined that compliance with =he 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 Ordinances 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 not waived for any other purpose or as to any other provisions 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 carried on rollcall vote, four ayes. .Parcels 1, 2, 3, 4 and 5, Tract I1 all as described above. *HEARING DATE SET FOR PLANNING MATTERS. seconded by Member Kelly setting June 15, 1987 as hearing date for the following Planning matters: 1) Final Development Plan - Building Expansion - Edina Theater, 3911 W. 50th St 2) Conditional Use Permit - Building Expansion - Nomandale Lutheran Church, 3) Motion was made by Member Turner and 6100 Normandale Rd Amendments to Southeast Edina Redevelopment Plan Motion carried on rollcall vote, four ayes. ORDINANCE NOS. 825-A18 AND 711-A4 TO ALLOW CURBSIDE TICK-UP OF YARD WASTE IN THE MORNINGSIDE AREA ADOPTED ON SECOND READING. Mr. Hughes recalled that Ordinance Nos. 825-A18 and 711-Ali which deal with the curbside pick-up compost program in the Morningside area were given First Reading at the meeting of May 4, 1987. comment being heard, Member Kelly offered the following ordinances for Second Reading and moved adoption: No ORDINANCE NO. 825-A18 AN ORDINANCE REPEAZING PARAGRAPH B(2) OF SECTION 7 OF ORDINANCE NO. 825 ' THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Repealer. Paragraph B(2) of Sec. 7 of Ordinance No. 825 is hereby Sec. 2. This ordinance shall be in full force and effect immediately upon its repealed in its entirety. 3- passage and publication. ATTEST : %&%-a City Clerk 431 3 ORDINANCE NO. 711-A4 AN ORDINANCE AMENDING ORDINANCE NO. 711 TO PERMIT THE PLACEMENT OF GRASS CLIPPINGS AND LEAVES ON THE CURB ON A TEMPORARY BASIS FOR A PORTION OF NORTHEAST EDINA Section 1. Sec. 4 of Ordinance No. 711 is hereby amended by inserting "(a)" THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: immediately after the heading of Sec. 4 and by adding a new paragraph lr(b)tr to Sec. 4 as follows: "(b) Within that portion of the City located north of Sunnyside Road and east of Wooddale Avenue, grass clippings and leaves suitable for composting may be placed next to the street or curb for pick-up provided that such grass ,clippings and leaves so placed shall be: i) stored within a plastic bag designed for such a purpose, and ii) placed at the curb no more than 12 hours prior to the scheduled pick-up. It Sec. 2. The provision of Sec; 4(b) of this Ordinance No. 711 shall Sec. 3. This ordinance shall be in full force and effect upon passage and automatically cease and be of no further effect on December 1, 1987. ATTEST: -7??&*.U City Clerk Motion for Second Reading and adoption of the ordinances was seconded by Member Turner. Rollcall : Ayes: Kelly, Smith, Turner, Courtney Ordinances adopted. CONCERN OF CITIZEN HEARD REGARDING TAPE RECORDINGS BY POLICE OFFICERS. Ronald Weeks, 5113 Blossom Court, stated that he was concerned about the practice of allowing police officers to use concealed devices without disclosure to tape record conversations they are having with citizens on routine matters. said that he would expound on the letters he has sent to the Council. first letter he had mentioned that the tape recording incident was an attempt to extract an involuntary confession from him and did border on his rights of privacy. He said he has reviewed the tape recording and that there was an audible omission in the conversation between Officer Kleinberg and himself. Mr. Weeks said that Mr. Rosland indicated by letter that police officers violate no law or duty in tape recording conversations with citizens in the course of arrest or detention. Further, the letter mentioned that the tape recordings are used only for administrative purposes. For those officers who may employ such a technique, the procedure is used to protect the officer from complaints levied against him which lack foundation. matter which basically states that the practice is not encouraged nor is it prohibited. focus--matters of arrest and detention. He said that the incident was only a routine traffic stop--10 mph over the speed limit at 8:OO a.m. on Interlachen Boulevard--something that did not warrant arrest or detention that would allow a police officer to properly use a tape recording. He questioned, if indeed the tape recordings are made for administrative purposes, why they need to be made with concealed devices and without disclosure to the citizen. The fact that there is really no policy or direction for the police on whether or not they should use these devices is an open invitation for abuse of a privilege that is allowed under the law and byecertain court rulings that do allow the police to use tape recordings in the investigation of serious criminal matters. Mr. Weeks said he has asked the Council members individually to express their opinion as to the propriety of allowing this practice to continue. position to either prohibit this activity in the future or to openly endorse the present practice and encourage it to continue. Council direct the Police Department of Edina in the future to prohibit by explicit instructions the recordings of conversations with citizens on routine matters, reserving the right to use tape recordings in the investigation of serious criminal matters. Mayor Courtney commented-that the Council has made every effort to cut down speeding in the City and has worked with the county to reduce speed limits on roadways such as Interlachen Boulevard. Mr. Weeks responded that the issue of speeding was a separate issue from the conduct of the officer involved in the incident. Member Smith commented that he had not responded to Mr. Week's letter because of the threat to go public with this, that he had discussed the matt& with Member Richards regarding inviting Mr. Weeks to appear before the Council as the proper forum for considering his concerns. He reiterated that the Council is attempting to reduce speeding offenses in the City and that he had asked the Chief of Police to publish the areas that are being Mr. Weeks In the The Police Department has articulated a policy on the Mr. Weeks said that it is necessary to bring the matter into He asked that the Council take a Specifically, he asked that the 6/1/87 432 patrolled which was done. Smith said he would consider that a more serious charge. that the officers that are assigned to the task of speed control have a difficult assignment and that they are told to be polite and courteous to citizens that they stop. officer. happen; that speed control is a trial project for one year and then will be reviewed. the speed control program. to suggest any action to be taken by the Council at this-time. was taken. As to the alleged gap in the tape recording, Member Manager Rosland said 6 He said that when a complaint is received the department works with that Member Kelly commented that the City has a policy that allows this to -f She suggested that the Council discuss this.further when they review Member Smith commented that he would not be prepared No formal action *BID AWARDED FOR TWO BOXES FOR DUMP TRUCKS. seconded by Member Kelly for award of bid for two boxes -for dump trucks to recommended low bidder, Midland Equipment, at $15,590.00. Motion was.made by Member Turner and Motion carried on rollcall vote, four ayes. *BID AWARDED FOR UTILITY TOOL BOX BODY. Motion wasmade by Member Turner and seconded by Member Kelly for award of bid for one utilfty*-tool box body for a $5,993.00. ~ utility truck to recommended low bidder, Lahass and Sales, at Motion carried on rollcall vote, four ayes. COUNCIL RESPONSIBILITIES FINALIZED. to the final draft of the Council Responsihilities-assi-gnments and asked for any comment. Member Turner reiterated her concern that*Lhere be two members on the Personnel Committee as was established by formal action of-the Council. some discussion, Mayor Courtney appointed Member Kelly to .serve with him on the committee. discussed. of successive terms should also be discussed. Courtney appointed Members Richards and Smith to assume .-the responsibility of appointment process and also the issue of number of rterms -and bring a recommendation to the Council. Member Turner commented-&hat a calendar should be set up to meet once a year with the advisory boards rand:commissions as was discussed previously by the Council. Members Richards and Smith should also work on this =ndMng.back their recommendation to the Council as to how to proceed. GOOSE CONTROL PROJECT APPROVED. Council, a public hearing was conducted on May 28, .1987 concerning the proposed goose control project. Dr. James Cooper of the University af Minnesota and the Agricultural Research Station made.a presentation concerning.the population dynamics of geese and outlined the proposed management-program which involves capturing geese during their flightless period in June and subsequently translocating them out of state. and all were in favor of initiating the program. the project. goose control project. program is estimated to be $3,266.00 and that part of this cost is expected to be defrayed by donations. following resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina,.M.Znnesota, aat it hereby authorizes the Agricultural Experiment Station to proceed with a three year program of goose translocation at an annual estimated cost of $3,266.00. Motion for adoption of the resolution was seconded by Member Turner. Mayor Courtney .called the Council's attention After The matter of the advisory boards/commissions .appointment process was It was agreed that the process should be:reyiewed and that the matter Fallowjrrrg:some discussion, Mayor I ! ! Advisory Boards and Commissions Policies. .It was suggested..that they review the Following dtscussion, it was decided that i I Manager Rosland reported-.that, as directed by the He said that 13 residents attended the meeting No one spoke in opposition to Staff would recommend that the Council.authorize the three year Mr. Rosland pointed out thatathe annual cost of the No objection being heard, Member Smith introduced the RESOLUTION i Rollcall: D I Ayes: Kelly, Smith, Turner, Courtney Resolution adopted . I' 1987 CONTRACT WITH LOCAL 49 (OPERATINGXNGINEERS UNION) APPROVED. Manager Rosland advised that for several years the City has participated jaintly in labor negotiations with Local No. 49 of the Operating Engineers Union who represent the City's Public Works and Park maintenance employees. These jaint negotiations are done by a committee which represents Edina and also22 ather cities through the Metropolitan Area Managers Association (MAMA). Representation of the cities through this committee provides for metropolitan wide consistency in dealing with economic issues as proposed by this union. a 3% increase in wages and an additional ten dollar contribution toward the employees' health insurance. Mr. Rosland said that this settlement is within the budgeted amount that the City anticipated and is the same percentage of increase granted to the non-union emp3oyees. Staff would recommend that the Council take formal action to approve this increase. participation at the master contract level. He added that as part of the total labor agreement with Local No. 49, and in addition to the master contract, each city has a local addendum to the master contract. local issues (i.e. vacation, holidays, severance, etc.) are agreed upon. At this This year the.committee has negotiated This would conclude the City's ' It is within this addendum that rc m m 5 6/1/87 433 t,.ne the City is still negotiat ng on settlement of the local issues and hope to bring a settlement to the Council for consideration as soon as possible. Motion of Member Smith was seconded by Member Turner to approve the 1987 Contract with Local No. 49 of IUOE as negotiated with the MAMA Labor Negotiation Committee and as presented by the City Manager. Ayes: Kelly, Smith, Turner, Courtney Motion carried. "EDINA POLICE REPORT" WINS ACE AWARD FOR SECOND TIME. Manager'Rosland said he was proud to announce that the television program the "Edina Police Report" has brought home the Award for Cable Excellence (ACE) for the second time; the program was also honored in 1983. The series, produced by members of the Edina Police Department since 1983, was one of 34 winners nationwide in the annual competition sponsored by the National Academy of Cable Programming. It won in the Program Series/Information category." Mr. Rosland said Eric Felton, producer and Chris Hamren, program host, were on hand to accept the award which was presented May 18th at the Las Vegas Hilton Showroom. portions of the series that won the award. The Council commended Mr. Felton for the excellent quality of the work. UPDATE GIVEN ON SWENSONS ICE CREAM RESTAURANT. Council's attention to a report by the City Sanitarian on Swensons Ice Cream Restaurant, noting that eight inspections have been performed and passed by the restaurant pursuant to the action taken by the Council on May 4, 1987. recalled that at the license revocation proceedings the Council was informed by the owners that the restaurant was being sold and a change of ownership would take place on or about May 28, 1987. As of this date, the restaurant has not changed ownership; the tentative date is now June 4, 1987. Mr. Velde, Sanitarian, intends to continue inspecting the restaurant until the change of ownership takes place. He has recommended that one inspection per week would be appropriate at this time due to the improvements which have taken place over the past four weeks. Motion of Member Smith was seconded by Member Turner to approve the change on inspections of Swensons restaurant to one time a week. Ayes: Kelly, Smith, Turner, Courtney Motion carried. Eric Felton then presented a video of c Manager Rosland called the He . BE IT RESOLVED by the Council of the City of Edina, Minnesota, that the Mayor and Manager be authorized to execute an easement to Northwestern Bell on Lot 1, Block 1,Amundson Terrace for installation of a communications cabinet, and BE IT FVRTHER RESOLVED that the easement document provide for a "hold harmless" clause to protect the City and that it be granted subject to termination if the property reverts to the State of Minnesota. Motion for adoption of the resolution was seconded by Member Turner. REPORT GIVEN ON CITY WELL WATER PROGRAM. the City's well water supply which included: 1) Projected water consumption ratios and rates from the water system study completed for the City in 1969, 2) Table of Projected Water Consumption based on the 1969 study showing projected water consumption to the year 1985, not including fire flow, and 3) Table of Total Water Demand to the year 1985 for maximum day including fire flow. 1985 the City used an avetage of 7.3 million gallons per day. However, in 1986 (wet year) the average use was 6.4 million gallons per day. system can produce 21.762 mgd with 6 million gallons in reservoirs and elevated tanks. Mr. Hoffman explained that the current inability we have is the very short term demand peaks that usually occur on a late Saturday afternoon. This results in short term low pressure in certain portions of the community. He added that we do not sacrifice our fire reserve to maintain adequate pressure at all times. So far in 1987 it has been necessary to have a total sprinkling ban on two occasions. Mr. Hoffman said that he had reviewed the report with the consultant and they agreed that additional wells will be required for the development of the Carl Hansen and Hedberg properties. also be required. He observed that the Capital Plan calls for an additional well. In conclusion, Mr. Hoffman recommended that staff conduct a feasibility study for additional wells and reservoirs. Following discussion, Member Turner moved that staff proceed with the feasibility study as recommended by the Engineer. Motion was seconded by Member Kelly. Engineer Hoffman presented a report on He noted that in The current well An additional iron removal treatment plant may Ayes: Kelly, Smith, Turner, Courtney UTILITY EASEMENT FOR NORTHWESTERN BELL APPROVED. Northwestern Bell has requested an easement? 15 x 15 feet, on the northwest corner of Lot 1, Block 1, Amundson Terrace for installation of a communications cabinet, He said that the City currently uses the lot for public works purposes for storage and that the lot was acquired for public use when it went tax forfeit. The Public Works Department would recommend granting an easement to Northwestern Bell conditioned upon the City retaining its use of the land as a public works area. Member Smith suggested that the easement document contain a "hold harmless" clause to protect the City and that the easement be granted subject to termination if the property would ever revert to the State of Minnesota. Member Smith introduced the following resolution and moved adoption: Engineer Hoffman advised that RESOLUTION 6/1/87 434 . Rollcall : Ayes: Kelly, Smith, Turner, Courtney Resolution adopted. RENEWAL OF CLUB LIQUOR LICENSES APPROVED. applications for renewal of Club On-sale Liquor and Sunday Licenses for the Edina Country Club and Interlachen Country Club for the period July 1, 1987 to July 1, 1988 have been received. completion'of staff reviewal and approval and clearance by the State Liquor Control Division. Motion of Member Turner was seconded by Member Kelly approving issuance of Club On-sale and Sunday Liquor License renewals for the Edina Country Club and the Interlachen Country Club. Manager Rosland advised that Renewal of these licenses is recommerided, subject to Ayes: Kelly, Smith, Turner, Courtney Motion carried. ,* AMENDMENT TO JERRY'S ENTERPRISES AGREEMENT APPROVED. that because the City is also a signer on the Easement and Parking Ramp Agreement with Jerry's Enterprises that the Council must approve the amendment which was presented to the HRA Commissioners earlier. resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota that it hereby approves the amendment to the Easement and Parking Ramp Agreement with Jerry's Enterprises and authorizes and directs the execution thereof by City officials. Motion for adoption of the resolution was seconded by Member Turner. Attorney Erickson advised Member Smith'introduced the following RESOLUTION Rollcall : Ayes: Kelly, Smith, Turner, Courtney Resolution adopted. PETITION FOR NOISE BARRIER DISCUSSED. the matter of the petition for a noise barrier apposite T.H. 100 between Minnehaha Creek Bridge and 44th Street be removed from the consent agenda so that the Council could discuss which direction to go on this. whether to ask staff to prepare a feasibility Yeport on the project, or to not take any action, or to hold a public hearing to give the residents an opportunity to talk about it. Manager Rosland said that because this is -the first petition that the City has received for construction of a noise barrier with the cost to be financed by special assessment that staff would like to prepare a report giving the Council past history and additional infomation on noise barriers. Hoffman added that he would like to invite someone from the Pollution Control Agency (PCA) to explain how noise barriers work before the Council makes a decision. Member Turner said the Council would need a lot of information to make a change in its policy that construction of noise barriers should not be the City's obligation. It was informally agreed that staff should provide additional background information to the Council regarding noise barriers before any action is taken. information would be presented to the Council. Mr. Hoffman said that is what he had in mind. Member Turner said that she had asked that The Council should decide Engineer Member Smith suggested that the residents be advised when this REVIEW OF COMPREHENSIVE PLAN REQUESTED BY MEMBER SMITH. Member Smith said that he would like the Council to again review the City's Comprehensive Plan with regard to land densities and definitions because he had concerns with the recent Namron Member Kelly commented that she felt this is important to do before even considering the development of the Hedberg property and that the Council should consider whether the Plan is consistent with the City's Mission Statement. Member Turner stated that the Council did review the Comprehensive 9lan two years ago and that it is worth doing frequently and particularly now thatxhere has been a change in the composition of the Council. review in a workshop session to identify the issues before bringing them to a public hearing. Council have a workshop session to review the land use issue and the Housing Chapter of the Comprehensive Plan, to be accomplished by August, 1987. Motion was seconded by Member Kelly. .development and in view of the proposed development of the Hedberg property. She suggested that-che Council do the Following some discussion, Member Smithmade a motion that the Ayes: Kelly, Smith, Turner, Courtnsy Motion carried. RECOGNITION OF SPECIAL ACCOMPLISHMENTS OF INDIVIDUALS DISCUSSED. said that she felt recognition should be given to individuals for special accomplishments such as that of Eric Felton in achieving the ACE award or members of our boards and commissions when they leave the board/commission. Rosland said that this was done for Eric Felton when the first ACE award was given in 1983. Mayor Courtney commented that he does write a letter to individuals when they leave a board or commission to thank them for their contribution. Member Kelly Manager ,:' 1. I 1987-88 WORK PROGRAM TO BE PREPARED. Council Workshop in March a meeting had been scheduled for June 8, 1987 to discuss the 1987-88 Work Program for the City. She said that in discussing this with Mr. Hughes that they had agreed that the proposed Work Program could be placed on the Member Turner said that following the 6/1/87 435 5 June 15, 1987 agenda to be discussed if time permits or the Council could discuss it at the July 6, 1987 meeting. at the June 15, 1987 regular meeting and said it would be on that agenda. MAYOR WELCOMES DAVE DUFF BACK. Mayor Courtney commented that he was glad to see Dave Duff of the Edina Sun-Current at the meeting, following a long absence, and welcomed him. Manager Rosland concurred that it could be done LOCATION OF VOLUNTEERS' AWARDS PLAOUE NOTED. Manager Rosland advised that the new plaque which lists the past recipients of the Mayor's Commendation Awards has been mounted in the lobby of the main entrance to City Hall. CARPETING TO BE INSTALLED IN CITY HALL. installation of the new carpeting in City Hall would commence within about a week. ANNUAL TOUR OF THE NINE MILE CREEK WATERSHED DISTRICT SCHEDULED. Manager Rosland called the Council's attention to the annual tour of the Nine Mile Creek Watershed District on June 9, 1987. him know so that arrangements could be made. Manager Rosland said that the I, He said that any members wishing to attend should let FORMAT FOR MANAGER'S QUARTERLY REPORT PRESENTED. like to try a new format for presenting his quarterly report. He proposed to talk through his report to the Council via a video tape which could be reviewed by each member of the Council. The report would then be put into a written format. said this would provide a more relaxed format to "chat" with the Council on various things that are happening in the City as well as bring them up to date on the challenges given to him by the Council. Manager Rosland said he would He POSITION OF DIRECTOR OF COMMUNICATIONS PROPOSED. John Brady, media specialist, Manager Rosland said he would like to increase the responsibilities of that position to Director of Communications. description would include both cable responsibilities and written word. He said his goal is to reach the Edina public 12 months of the year through several publications: 1) The Highlander (published four times a year), 2) Future News (official publication of Edinborough Park) , 3) Park and Recreation Calendar (to be published two times year), and 4) Manager's Newsletter (published two times a year). most of the Edina residents. staff and particularly parttime employees by means of video tapes and that this also would be a part of the proposed position. In order to get some permanence with this position he would suggest a salary increase and that most of the funding would come from cable funds. He said the position would be advertised with the salary left open to get feedback on what we would have to pay and that he would come back to the Council for approval. Following the resignation of The job He said he felt that by using a variety of publications we would reach Mr. Rosland said he is also considering training of RESIDENT'S CONCERN REGARDING CROWS NOTED. Manager Rosland said that Member Richards had sent him a note that he had received a complaint from a resident regarding the noise caused by crows and asked what could be done to eradicate them. There was no discussion of the subject. SEMINAR ON ORGANIZATIONAL EFFECTIVENESS DISCUSSED. Manager Rosland said that Lois Moffit of the Community Resources Board had talked to him about having John Carver conduct a seminar on "Organizational Effectiveness" through better boards. They asked if the Council would be interested and that the proposed date is October 29. He said the School Board and the Community Education Center Board is interested. Mr. Rosland said that Mr. Carver is reputed to be a effective presenter. It was informally agreed to support the proposal. *CLAIMS PAID. approve payment of the following claims as per pre-list dated 6/1/87: General Fund $331,294.14, Art Center $5,922.64, Capital Fund $6,996.40, Swimming Pool Fund $5,477.65, Golf Course Fund $16,992.83, Recreation Center Fund $939.56, Gun Range Fund $1,149.17, Utility Fund $238,288.10, Liquor Dispensary Fund $5,912.23, Construction Fund $5,419.45, IMP Bond Redemption #2 $300.00, Total $618,692.17. Motion carried on rollcall vote, four ayes. Motion was made by Member Turner and seconded by Member Kelly to There being no further business on the Council Agenda, Mayor Courtney declared the meeting adjourned at 10:20 p.m. -2L%f&J4- City Clerk -. .