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HomeMy WebLinkAbout19880718_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 18, 1988 197 Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney. EDINA MASONIC LODGE COMMENDED FOR $1.500 CONTRIBUTION. Donald Thorud and Bob Soelberg presented a check in the amount of $1,500 to the City from the Edina Masonic Lodge for use by the Fire Department for acquisition of rescue equipment. On behalf of the Council, Mayor Courtney thanked the Lodge for the gift. The following resolution was sent to the Lodge: WHEREAS, for the past eleven years the Edina Masonic Lodge has donated money to the Edina Fire Department for its rescue equipment; and WHEREAS, this money has been earned by members of the Lodge from their efforts in putting on an annual Edina Flapjack Festival; and WHEREAS, a check in the amount of $1,500 has been generously given to the Edina Fire Department for purchase of rescue equipment; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that most sincere appreciation be expressed to all members of the Edina Masonic Lodge for its interest in the well-being of all Edina residents through this generous contribution; and BE IT mTRTHER RESOLVED that this Resolution be entered into the pages of the Minutes Book of the Edina City Council and that an appropriate copy be presented to the Edina Masonic Lodge as a token of gratitude of the Edina City Council. ADOPTED this 18th day of July, 1988. RESOLUTION OF APPRECIATION MEMBERS OF EDINA POLICE EXPLORER POST 925 COMMENDED. Manager commended the members of the Edina Police Explorer Post 925 for their achievements at the National Law Enforcement Conference at Boston University held July 10-17. As spokesman for the Explorers, Kevin Rofidal said that approximately 4,500 Explorers and advisors from throughout the United States, Canada and the Caribbean were present. enforcement situations with approximately 1,000 teams. place in hostage negotiations, 2nd place in crime prevention, 2nd place in traffic accident investigation and were in the top 10% in bomb scene search and shoot/don't shoot. Mark Biermaier, Rena Dudgeon, Kenny Erickson, Tony Ewald, Greg Granson, Heidi Kamrath, Chad Keavy, Eric Leander, Stacey Morgan, Gary Nelson, Erick Podnieks, Kevin Rofidal, Dale Rosenthal, Rob Sprenkel and Dan Wong; also advisors Bill Barington, Scott Johnson, Judi and Roger Laurence and Mike Lutz. The members of the Council added their appreciation and commendation. CONSENT AGENDA ITEMS ADOPTED. Member Turner to approve and adopt the consent agenda items as presented. The Edina Explorer Post competed in six events dealing with law The Edina teams won first Commended and presented with Edina Logo pens were: Rob Berry, Motion was made by Member Smith and seconded by Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney *MINUTES OF THE REGULAR MEETING OF JULY 11, 1988 APPROVED. Member Smith and seconded by Member Turner to approve the minutes of the Regular Meeting of July 11, 1988. Motion carried on rollcall vote, five ayes. Motion was made by PUBLIC HEARING CONDUCTED: PERMANENT STREET SURFACING AND CURB AND GUTTER IMPROVEMENT NOS. P-BA-282 AND P-BA-284 APPROVED. 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. CONSTRUCTION OF PERMANENT STREET SURFACING AND CURB AND GUTTER IMPROVEMENT NO. P-BA-282 IN.THE FOLLOWING: * Apache Road and Indian Way West in Indian Hills Addition Engineer Hoffman advised that the developer of Indian Hills Addition has petitioned the City to construct permanent street surfacing and concrete curb and gutter in the subdivision and to assess the entire cost against the property of the petitioner. The. total estimated cost of the project is $36,655.53 proposed to be assessed against eleven lots at $3,333.23 per lot, over a ten year period. No comment or objection being heard, Member Turner introduced the'following resolution and moved adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, as follows: 1. the Council to construct a street improvement on Apache Road and Indian Way West in Indian Hills West Addition, and to assess the entire cost against the property of petitioner and that said petition has been signed by all owners of real property abutting on said streets where said improvement is to be located. 2. ordered pursuant to Minnesota Statutes, Section 429.031(3), (Session Laws of 1961, Chapter 525, Section 2). Said improvement is hereby designated and shall be referred to in all subsequent proceedings as PERWANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. BA-282. The entire cost of said The project would be started in 1988 and completed in 1989. RESOLUTION ORDERING STREET IKI?ROVEKENT NO. BA-282 It is hereby found and determined that a petition has been filed requesting The making of said improvement in accordance with said petition is hereby 71 181 88 b ass improvement is hereby ordered t d against th Hills Vest where said improvement is to be located. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. properties in Indian B. CONSTRUCTION-OF PERMANENT STREET SURFACING AND CURB AND GUTTER IMPROVEMENT NO. P.BA-284 IN THE FOILOWING: Minnesota Drive from France Avenue to Edinborough Way Engineer Hoffman advised that the project is to construct a four lane roadway with appropriate left turn lanes. France Avenue to Edinborough Way. and curb and gutter and is proposed to start in late 1988 and to complete the project in 1989. to the France/I-494 interchange and as a detour during construction of the Hedberg project. property owners. Total estimated cost of construction is $251,248.89. Engineer Hoffman explained that when the proposed Hedberg project starts later this year it will be necessary to move massive amounts of earth along and around the site. Staff believes it is in the best interests of the City to have the roadway built which will take traffic from the east and bring it down to 76th Street/Edinborough Way, south on Edinborough Way and then west on Minnesota Drive to France Avenue. This would provide a new connecting link for continuing traffic during construction. existing landowners for right of way for the roadway. The project would only go forward if the landowners provide right of way. approval for the construction of Minnesota Drive so that the plan can be sent to State Aid department for review and approval. Additionally, staff recommends adoption of a NO PARKING resolution on both sides of the roadway, subject to State Aid standards. of way bids would be taken and contract awarded this fall. concluded his presentation by stating that staff feels the roadway would be needed regardless of whether the Hedberg project goes forward. No comments or objections being heard, Member Richard introduced the following resolutions and moved adoption, subject to State Aid approval and granting of easements for right of Vay: 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: Pm STREET SURFACING QITH CONCRETE CURB AND GUTTER IHPROVEMZNT NO. BA-284 and at the hearing held held on July 18, 1988 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 PT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. BA-284, cost of which shall be paid from municipal State Aid funds. The project would be the new roadway link from It would be a State Aid project for surfacing The roadway would be used to connect Edinborough more directly This project is subject to granting of roadway easements by existing The developers of the Hedberg project are negotiating with'the Staff recommends preliminary plan Following State Aid approval and granting of easements for right Engineer Hoffman RESOLUTION ORDWING IMPROVEMENT NO. BA-284 RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 102-171-05 FXOH FRANCE AVENUE TO EDINBOROUGH WAY IN THE CITY OF EDINA. KRJNESOTA THIS RESOLUTION, passed this 18th day of July, 1988, by the City of Edina in Hennepin County, Minnesota. the "City". WITNESSETH: RHEREAS, the "City" has planned the improvement of MSM 171 (Minnesota Drive) from France Avenue (CSAE 17) to Edinborough Way; UHEREAS, the City will be expending Mmicipal State Aid Funds on the improvement of this Street, and UHEREAS, this improvement does not provide adequate width for parking on both sides of the street approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and VHEaEBS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City has been determined; NOW, THEaEpORE, IT IS HEREBY RESOLVED: That the City shall ban the parking of motor vehicles on both sides of MSdS 171 (Minnesota Drive) at all times. Motion for adoption of the resolutions was seconded by Member Smith. The Municipal corporation shall hereinafter be called Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolutions adopted . I INFORMAL PRESENTATION GIVEN BY CENTER COMPANIES ON SOUTHDALE CENTER EXPANSION. An informal presentation was given by Michael F. Kelly, chairman and CEO of The Center Companies, on the proposed Southdale Center expansion, summarized as follows. For the last several years The Center Companies have been studying the Ln I m a 7/18/88 I- . *-" 2 199 possibilities of an expansion of Southdale. could locate another department store that had interest in the Southdale market. All stores that have since committed to Minneapolis were approached. especially was to try to find a better fashion department store to compliment the mix at Southdale. For a variety of reasons the stores that were approached did not commit to Southdale. The Center Companies then studied the possibilities of attaining additional tenant space by building a third level above the main mall. At the same time Daytons' had been studying a complete renovation of their stores at Southdale and Rosedale. After numerous discussions and some help from Equitable Real Estate Investment Management, Inc., owner of Southdale Center, agreement was reached for erection of a new Daytons' department store and reconversion of the present Daytons' store to tenant space. Subsequently, The Center Companies abandoned the third level program on the main mall and concentrated on seeing whether this was a feasible project to do physically in terms of conversion of the existing Daytons' store and fitting a new store on the site. Obviously, any additions to Southdale would require deck parking. After reviewing parking needs and determining together with all the department stores, a plan was developed that was acceptable to all based on a traffic study period of 120 days. Barton-Ashmann to work on a comprehensive traffic plan for this area, looking at an expansion of Southdale and including the full Hedberg project as it was planned. project and the City staff was involved in looking through those programs to assure that they would be in synch because the same road system serves Southdale. Last week Daytons' Board of Directors approved the projects for both Southdale and Rosedale totaling over $100,000,000 - one of the largest expansion programs that any department store company has ever taken. constructed first and the proposed expansion will be on the Edina planning commission agenda for July 27, 1988. was held on today and because of the publicity the Council is being appraised of the project. Chris Hanson, Center Companies Project Director, presented slides showing the proposed expansion for Southdale Center. be a 320,000 square feet three-level store flanked by two one-level parking structures. necessary to distribute the parking effectively from each one of the lots. The interior of the mall Garden Court will be changed dramatically, will have a new skylight system and the escalators will be relocated. will be changed to a three-level mall. stores to Southdale Center and will increase the gross leaseable area including Daytons' by approximately 300,000 square feet. estimated at approximately 400 cars. for an Environment Impact Statement, an Indirect Source Permit and within FAR ratios. Car parking ratios will remain in excess of Zoning Ordinance requirements. addition, the bus service will be relocated to the lower level where Swenson's Restaurant currently is located and will tie into the City's program of transit vehicles from the Hedberg project. As part of the exterior program, extensive landscaping is proposed for the entire site. Carson's will be improved by moving of the berm towards York Avenue. expansion will provide the tenant space that is needed and will keep Southdale competitive in the market. Charles Zekind, Vice-president of Properties Group/Dayton Hudson Department Store Company, was introduced. Mr. Zekind commented that Dayton Hudson is very much dedicated to this project and that it is the opportunity of a lifetime to be able to build a new state-of-the art store that would be customer driven. No formal action was taken. One of the issues was to see if they The interest Because of concern for traffic, The Center Companies had asked The study was coordinated with BRW who was working on the Hedberg The Southdale project will be A press conference announcing Daytons' plans The new Daytons' store will A third parking deck is proposed back of the Penny's store which is The existing Daytons' store The proposed expansion will add 50 new The number of cars increase is The expansion would be under the thresholds No zoning or variance issues should be involved in the project. In The parking for Pennys' and Carson's The proposed ORDINANCE NO. 406-A5 (REOUIRING EXTERIOR COMPLETION OF RESIDENTIAL UNITS WITHIN 12 MONTHS) GRANTED FIRST READING. Manager Rosland recalled that at the last meeting the Council was advised that both the Building Construction Appeals Board and the Community Development and Planning Commission had recommended adoption of an ordinance that would establish a deadline for completing construction of the exterior of single and two family residential structures. prepared a draft ordinance which has been reviewed by the Prosecuting Attorney. ' Member Smith raised the question as to whether 12 months after the time of issuance of a building permit was adequate and suggested 12 months after the start of construction or 15 months after issuance of permit. Member Richards said this would provide a clear date and would avoid the argument of when construction actually started. some provision for unavoidable delays. the position of enforcement of ordinances upon complaint only and therefore this may not be effective in every instance. It expected that when the exterior construction is not completed within 12 months that it could become a nuisance. Member Richards introduced Ordinance No. 406-A5 for First Reading as follows: The City Attorney has Discussion followed on the question and whether there should be Attorney Erickson that the City has taken ORDINANCE NO. 406-A5 AN ORDINANCE AMEXDING ORDINANCE NO. 406 BY ESTABLISHING A DEADLINE FOR COMPLETING CONSTRUCTION OF TBE EXTERIOR OF AIL SINGU AND TWO FAMILY RESIDENTIAL STRUCTURES AND IMPOSING A PENALTY TBE CITY COUNCIL OF TBE CITY OF EDINA, MINNESOTA ORDAINS: 7/18/88 Section 1. "Sec. 3. Cornletion of Exterior. The roof and building exterior of all single and two family structures, including garages and accessory buildings, shall be completed in compliance with all applicable building codes and ordinances, within 12 months after the date of issuance of a building permit for the new construction, alteration or relocation of such stntctures, or within 12 months of the effective date of this section, whichever is later." Sec. 2. Ordinance No. 406 is hereby further amended by adding as Section 4 "Sec. 4. Penal-. Any person who violates or fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and subject to the penalties set forth in Ordinance No. 175 and other penalties and remedies available under the Minnesota State Building Code." Sec. 3. Ordinance No. 406 is hereby amended by adding as Section 3 thereof, the follonlng: thereof, the following: I This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for First Reading was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards, Turner, Courtney Nays: Smith Motion carried. ORDINANCE NO. 1011-A1 (REGULATING POSSESSION. PURCHASE OR DELIVERY OF CONTROLLED SUBSTANCES) GRANTED FIRST READING. Manager Rosland presented draft Ordinance No. 1011-A1 regulating possession, purchase or delivery of controlled substances and advised that the Police Department and the Prosecuting Attorney had recommended adoption. Chief Craig Swanson explained that the ordinance was drafted by the Prosecutor and that the impetuous for that was several cases concerning a drug defined as a felony crime under statute being presented to the County Attorney. For one reason or another, the County Attorney may return those cases and suggest misdemeanor prosecution. controlled substance for personal consumption as opposed to distribution. the ty-pe of case that falls through the cracks. Previous to the proposed ordinance there has been no misdemeanor provision for the prosecution of any amounts of controlled substances other than Ordinance No. 1011 which was adopted in the early '70s. were not known at that time and were not included in the ordinance. The draft ordinance adopts virtually all of the statutory language allowing the statute violations not prosecuted by the County Attorney to be prosecuted under a misdemeanor crime within the City of Edina by the City Prosecutor. introduced Ordinance No. 1011-81 and moved First Reading as follows: AN ORDINANCE REGULATING THE POSSESSION, PURCHASE OR Generally, those cases involved a small amount of a This is Many of the controlled substances now defined under statute Member Kelly ORDINANCE NO. 1011-81 DELIVERY OF CONTROLTXD SUBSTANCES. AND PROVIDING A PENALTY THE CITP COUNCIL FOR THE CITY OF EDINA, MNNESOW, ORDAINS: in Hinn. Stat. 152.01 are hereby incorporated in and made a part of this Ordinance as completely as if set out herein in full. Specifically, the following words and terms, when used in this Ordinance, shall have the following meanings, unless the context clearly indicates otherwise: The term "drug" includes all medicines and preparations recognized in the United States pharmacopoeia or national formulary and any substance or mixtnre of substances intended to be used for the cure, mitigation, or prevention of disease of either humans or animals. 2. Administer. "Administer" means to deliver by, or pursuant to the lawful order of a licensed medical doctor a single dose of a controlled substance to a patient or research subject by injection, inhalation, ingestion, or by any other immediate means. immediate precursor in Schedules I through V of Minn. Stat. 152.02. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors, or tobacco. graduate of the college of pharmacy, University of Minnesota, or other pharmacy college, approved by the board, or a person satisfactorily progressing toward the degree in pharmacy required for licensure, registered by the state board of pharmacy, for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist or a qualified applicant, awaiting licensure. and includes the production, quality control, and standardization by mechanical, physical, chemical, or pharmaceutical means, packing, repacking, tableting, encapsulating, labeling, relabeling, filling, or by other process, of drugs. 6. Dispense. substance in a suitable container, properly labeled, for subsequent administration to, or use by a patient or research subject. 7. Mariiuana. "Marijuana" means all parts of the plant of any species of the genus Cannabis, including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, Section 1. Definitions. State Statute incorporated. The definitions listed 1. Drue;. 3. Controlled substance. "Controlled substance" means a drug, substance, or 4. Pharmacist intern. The term "pharmacist intern" means a natural person, a 5. Manufacturing. "Manufacturing", in places other than a pharmacy, means "Dispense" means to deliver one or more doses of a controlled 201 its seeds or resin, but shall not include the mature stalks 0, such plant, fiber from such stalks, oil or cake made from the seeds of such plants, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: 8. Narcotic drug. "Narcotic drug" means any of the following, whether (1) Opium, coca leaves, and opiates: (2) A compound, manufacture, salt, derivative, or preparation of opium, (3) A substance, and any compound, manufacture, salt, derivative, or coca leaves or opiates: preparation thereof, which is chemically identical with any of the substances referred to in clauses (1) and (2), except that the words "narcotic drug" as used in this chapter shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgonine. 9. miate. "Opiate" means any dangerous substance having an addiction forming or addiction sustaining liability similar to morphine or being capable of conversion into a drug having such addiction forming or addiction sustaining liability. 10. OD ium POPPY. somniferum L., except the seeds thereof. 11. Person. "Person" includes every individual, copartnership, corporation or association of one or more individuals. 12. POPPV straw. "Poppy straw" means all parts, except the seeds, of the opium poppy after mowing. 13. Immediate nrecursor. "Immediate precursor" means a substance which the state board of pharmacy has found to be and by rule designates as being the principal compound commonly used or produced for use, and which is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture. less. criminal apprehension, the state board of pharmacy, state patrol, county sheriffs and their deputies, or city policy departments in municipalities containing 2,500 or more inhabitants. 16. Drug Daraphernalia. "Drug paraphernalia" means all equipment, products, and materials of any kind, except those items used in conjunction with permitted uses of controlled substances under this chapter or the Uniform Controlled Substances Act, which are knowingly or intentionally used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, (3) testing the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect of a controlled substance. Sec. 2. Controlled Substances. State Statute Incorporated. The five schedules of controlled substances listed in Minn. Stat. 152.02 are hereby incorporated in and made a part of this Ordinance as completely as if set out herein in full. "Opium poppy" means the plant of the species Papaver 14. Small amount. This provision shall not apply to the resinous form of marijuana. 15. Amrotxiate aaencv. "Appropriate 'agency" means either the bureau of "Small amount" as applied to marijuana means 42.5 grams or Sec. 3. Prohibited Acts. (a) It shall be unlawful for any person, firm of corporation to manufacture, possess, sell, give away, barter, exchange, distribute, or otherwise transfer any controlled substance. The provisions of Subsection (a) do not apply: (1) (2) (b) to possession by a person for his own use and when possession is authorized by law; to the prescribing, administering, or dispensing of a controlled substance by a pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person in the course of his professional practice; business to registered wholesalers and manufacturers of controlled substances, registered pharmacies, licensed hospitals or institutions wherein sick and injured persons are cared for or treated, bonafide animal hospitals, or licensed medical doctors ; business by registered wholesalers and manufacturers of controlled substances, registered pharmacies, licensed hospitals wherein sick and injured persons are cared for or treated, bonafide animalhospitals, or licensed medical doctors; to possession of a controlled substance by a person in accordance with the terms of a prescription and prescribed treatment of a licensed medical doctor ; warehousemen lawfully engaged in transporting or storing such substances in the regular course of business; (3) to the sale of a controlled substance in the regular course of (4) to the possession of a controlled substance in the regular course of (5) (6) to possession of a controlled substance by common carriers or 7/18/88 202 (7) to the possession of a controlled substance by public officers or employees while in the performance of official duties requiring such possession or control. attempt to sell or procure, or possess or have in his control a controlled substance by: Sec. 4. Fraud. It shall be unlawful for any person to sell or procure, (1) fraud, deceit, misrepresentation, or subterfuge; or (2) the use of a false name or address; or (3) forgery or alteration of a prescription; or (4) giving false credit; or (5) (6) making, issuing, or uttering any false or forged prescription; or falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance. Sec. 5. Penaltv. Any person who violates any of the provisions of this Ordinance shall be guilty of a misdemeanor except as provided in Hinn. Stat. 152.15 Subd. 2(5), (6) and (7) and subject to the penalties set forth in Edina City Ordinance No. 175, the provisions of which are hereby incorporated in and made a part of this Ordinance as completely as if set out herein in full. Sec. 6. Confiscation and Disposition of Prohibited Drugs. Any controlled substance found in the possession of any person convicted of a violation of this Ordinance shall be confiscated and shall be forfeited to the Chief of Police, who shall make proper and timely disposition thereof by destroying them. Sec. 7. Use of Original Containers and Labels Required. All patients having possession of any controlled substance, by lawful prescription of a licensed medical doctor while such controlled substances are lawfully in such person's possession, shall keep such controlled substances in the original container in which they were delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. Sec. 8. Effective Date. This Ordinance shall be in full force and effect immediately upon its passage and publication. Motion for First Reading was seconded by Member Turner. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. I TRAFFIC SAFETY COMMITTEE MINUTES OF 7/12/88 APPROVED. Engineer Hoffman reported on the two items in Section C of the Traffic Safety Committee Minutes of July 12, 1988: Traffic Safety Concerns on Halifax Avenue. West 51st - West 54th Streets - Traffic counts in the area since the installation of the partial barricade at West 51st StreetDalifax showed that the greatest increase was on Indianola Avenue, with a substantial decrease in the volume on Halifax Avenue from West 51st through West 54th Street. The Committee still is questioning whether or not this is a good long term solution. resolved by a public hearing before the Council in September. Member Richards said he has received calls from residents west of Minnehaha Creek, east of Wooddale Avenue and as far south as West 57th Street who all feel they are being adversely impacted by the partial barricade. Committee to give this matter as broad a circulation as possible in the affected area so that all residents could be heard on the issue. Member Smith asked that the Committee also address the concerns of the residents of The Lanterns. Member Richards then moved approval of the following recommended action listed in Section A of the Traffic Safew Committee Minutes of July 12, 1988: 1) Installation of "STOP" signs for both directions of Parkwood Road at Iarada Lane; that the intersection of Parkwood Road and Iarada Lane be physically redefined; installation of "STOP" signs for both directions of Willow Wood Road at Iarada Lane; installation of "STOP" sign on Kelsey Terrace at Londonderry Road; and that the foliage around existing traffic control devices be trimmed; and to acknovledge Sections B and C of the Wnutes. Motion for approval was seconded by Member Turner. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. The sense of the Committee is that the matter will be He urged the Traffic Safety I PROPOSED SEWER/WATER RATES DISCUSSED: CONTINUED TO 8/1/88. John Wallin, Finance Director, made the presentation on sewer and water rates proposed to go into effect during the winter quarter. complaints about the current method of charging for sewer and water usage. Residents feel the current "tier system" is unfair and does not charge equitable for water and sewer used. Further, sewer and water rates need to be increased to pay for increased costs and the proposed well and tower to be build in 1989. Staff has conducted a study comparing sewer and water rates for the cities of St. Louis Park, Richfield, Hopkins and Edina's current and proposed rates. The cities were selected based on their proximity and similar sewer charges from the Metropolitan Waste Control Commission. He presented graphics showing the inequities of the current system whereby a relatively small increase in usage can result in a much larger increase in rates and an analysis which showed Edina's proposed rates compare favorably with the other cities. The Water Department has received numerous The proposed system, 7/18/88 203 N Ln Ln 1 5 a after a minimum charge to cover fixed costs, would be based on usage. A 4.5% increase in sewer rates is recommended to cover increases in sewer charges. The Metropolitan Waste Control Commission has raised its collection and treatment charges by 5%. including maintenance, and the proposed well and tower. An increase of 9% in water rates represents approximately $270,000 of increased revenue. approximately $200,000 would be used to pay the annual principal and interest payment on a ten year bond and $70,000 would be used to cover increased costs. Proposed sewer and water rates are as follows: Water rates need to be raised to pay for increased costs, Of that Current Rates Proposed Rates Water $.42 per 100 cu ft Sewer 1 cu ft to 2000 cu ft $20.50 $1.15 per 100 cu ft $.33 per 100 cu ft 2001 cu ft to 4000 cu ft 32.75 4001 cu ft to 7000 cu ft 56.25 7001 cu ft and over - $1.10 per 100 cu ft Minimum Charge $27.10 $31.40 Following a lengthy discussion and questioning by the Council, Member Richards moved to continue the matter of the proposed sewer and water rate changes to the Council Meeting of August 1, 1988 to allow the Council time to review the data presented. Motion was seconded by Member Kelly. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. CASH BOARD NOMINATION DISCUSSED. Manager Rosland advised that the term of Member Kelly on the Community Action for Suburban Hennepin Board (CASH) will expire as of August 8, 1988. Member Kelly commented that she has been asked to chair the CASH Board for the upcoming year. would require to serve in that position for the amount of services Edina receives from CASH she should not be on the board. resident of the City, serves on CASH as a private sector representative and would be looking out for the City's interests. No formal action was taken. SCHOOL BOARD REPRESENTATIVES TO HUMAN RELATIONS COMMISSION APPROVED. Mayor Courtney advised that the Edina Board of Education at their meeting of July 11, 1988 voted to have Nancy Atchison and Noah Hurley serve as their representatives to the Edina Human Relations Commission. following School Board representatives to the Edina Human Relations Commission: Nancy Atchison to fill an unexpired term to 2/1/89 and Noah Hurley to fill an unexpired term to 2/1/91. Motion was seconded by Member Kelly. She said that she feels for the amount of time it She pointed out that Alison Fuhr, Mayor Courtney moved appointment of the Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. SUMMARY OF 1988 AMENDMENTS TO MINNESOTA TAX INCREMENT FINANCING ACT DISCUSSED. Manager Rosland directed the Council's attention to a summary prepared by Jerry Gilligan, Dorsey and Whitney, concerning the 1988 Amendments to the Minnesota Tax Increment Financing Act. Amendments which may materially impact Edina's four existing tax increment financing districts: a) school district referendum levies, b) limitation on use of tax increment after April 1, 2001 from pre-August 1, 1979 districts; and c) requirements that the county enforce the four year "knockdown" provision. effect of these three provisions on Edina's tax increment financing districts were enumerated. Member Kelly said she still had two questions that remain unanswered: 1) With regard to the School District Referendum Levy, it is not clear whether tax increment attributable to new levy or increase in levy approved by voters will be required to be paid to the district once the bonds are paid; 2) With regard to Hedberg, it appears that the land will have to be brought down sooner than originally anticipated. schedule for bonds on Hedberg yet, but in order to get in ahead of the deadline we may have to accelerate issuing some of the bonds. Council is whether there should be one issue of bonds or have the bonds issued in stages. He added that most of the money to be spent in the Hedberg project is in Phase I; we would take down the largest parcel of land, put in the roads and develop the public park. Member Kelly urged that the City get under way with the Hedberg project in order to meet the deadlines and because of potential changing of the tax laws. developers are still working on the housing part of the redevelopment agreement and there also are some questions on the Indirect Source Permit that have to be answered. No formal action was taken. The summary listed three provisions of the 1988 The Attorney Erickson explained that we do not have the One of the issues for the Manager Rosland said we are moving as fast as possible, the *H.O.M.E. AGREEMENT APPROVED. Member mer for adoption of the following resolution: Motion was made by Member Smith and seconded by RESOLUTION AUTHORIZING IXI$CUTION OF A PUBLIC SERVICE AGREEMENT WITH SOUTH HENNEPIN HUMAN SERVICES COUNCIL AND AUTHORIZING ASSIGNMENT OF ADMINISTRATIVE RESPONSIBILITIES TO fIENNEPIN COUNTY WHEREAS, the City of Edina is an authorized subgrantee participant in the Urban Hennepin County Comity Development Block Grant program by virtue of a Joint Cooperation Agreement executed between the City and Hennepin County pursuant to 7/18/88 204 the provisions of the Housing and Community Development Act of 1973, Title I of Public Iaw 93-383, as amended, and ITEEWAS, the City will utilize Block Grant funds to support the H.O.H.E. Program as a public service activity in program year XIV, and WHEREAS. it is necessary for the City to enter into a public service agreement with the provider, South Hennepin Human Services Council, and TJHEReBs, the public service agreement allows the City to assign administrative responsibilities to another cooperating unit; BE IT RESOLVED, that the Mayor and the City Manager are authorized to execute an agreement with South Hennepin Human Services Council to provide financial support to the H.O.H.E. Program, and BE IT FUBTEER RESOLVED, that the City assigns its administrative responsibility for this program to Hennepin County tbrough its Office of Planning and Development. Motion carried on rollcall vote, five ayes. *TEMPORARY ON-SALE 3.2 BEER LICENSE FOR CHURCH OF ST. PATRICK'S APPROVED. Motion was made by Member Smith and seconded by Member Turner to approve a Temporary On-sale 3.2 Beer License for Church of St. Patrick of Edina for October 15, 1988 in connection with a polka mass, dinner and dance. Motion carried on rollcall vote, five ayes. PROCEDURE FOR DEALING WITH HOUSES THAT ARE FALLING DOWN DISCUSSED. Member Smith asked what the procedure was for dealing with houses that literally are falling down. Manager Rosland said that type of problem is referred to the Health Department first and then the building codes are applied with required notification, etc. dangerous and substandard buildings whereby the City can order them to be repaired or torn down. Member Smith mentioned that there are several houses south of Dewey Hill Road that appear to be unsafe. records on those homes. No action was taken. Attorney Erickson commented that there is an ordinance on Manager Rosland said he would check the FAIRVIEW-SOUTHDALE HOSPITAL VARIANCE DISCUSSED. variance granted Fairview-Southdale Hospital three years ago for their radiology equipment structure. a one year extension on the variance and plan to build it in permanently. She said she was surprised to read in the Edina Sun that some of the staff doctors were going to the new medical building on the Hedberg site and that the hospital, as a good neighbor, should keep the Council apprized of any change to their plans. PAINTING OF CREEK VALLEY WATER TOWER WITH CENTENNIAL LOGO QUESTIONED. Member Kelly said she thought the Creek Valley Water Tower painting was to include the Centennial Logo. Engineer Hoffman said the tower has been painted but that the price for painting the logo was too high and therefore would not be added. Member Kelly asked about the Manager Rosland said they will ask the Board of Appeals for 1 SUMMIT AVENUE TEMPORARY TRAFFIC DIVERTER DISCUSSED. temporary traffic diverter on Summit Avenue would be replaced by the permanent one. Engineer Hoffman said upon receipt of the funds from Westminister Corporation the City would construct the diverter as reported to the Council on June 20, 1988. Member Kelly asked when the ADDITIONAL PARTTIME EMPLOYEES TO ENFORCE WATERING BAN OUESTIONED. Member Kelly asked if additional parttime young people could be employed to check on enforcement of the watering ban rather than paying time and one-half to current employees. applied for parttime jobs with the City, but that at crucial times it has been necessary to use the regular employees also. Engineer Hoffman said they had hired all the young people who had RECYCLING CENTER GPERATION DISCUSSED. courtesy shown by employees at the Recycling Center and said that poor public relations would not encourage people to bring their items to the Center. Rosland said he would look into the situation. Member Kelly commented on the lack of Manager POLICE EXPLORER PROGRAM DISCUSSED. learn about the Police Explorer Program. Chief Swanson explained that the Police Officers work with school counselors and that at the beginning of the school term they invite interested students to a First Nighter event to introduce them to the program. a School Board meeting as for years the School Board has been trying to get community involvement as a graduation requirement and would be interested in seeing the accomplishments of the explorer program. be publicized in the Edina Sun. taken to the School Board and advised that these are Edina youths who may not be in sports programs or other school activities but have shown excellence in the explorer program. There'being no further business on the Council Agenda, Mayor Courtney declared the meeting adjourned at 9:07 p.m. Member Kelly asked how young people would Member Kelly suggested that the presentation as given tonight be made at She also suggested that this Chief Swanson said the presentation would be City Clerk