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HomeMy WebLinkAbout19890501_regular198 OF THE EDIl!?A CITY HIXtTCZS REGULAR MEETING OF THE COUNCIL HELD AT CITY HAIL HAY 1, 1989 ROLTXALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Richards. CHECK PRESENTED To CITY FROM CENTENNIBL COMIISSION a check in the amount of $221,000.00 has been presented to the City from the Centennial Commission for the lasting memorial at Arneson Acres. Council and the City, he expressed thanks and appreciation for the efforts of Go-Chairs Betty Hemstad and Kay Bach and for all who worked on the 1988 Centennial. Mayor Richards announced that On behalf of the JOHHMOY" DAY - HAY 24 PROCLBIHED Motion of Member Smith was seconded by Member Kelly for adoption of the following resolution which was read by Mayor Richards : WHEREAS, John Moynihan has served the children and staff of the Edina Schools for 39 years--as teacher for two years and then as Principal of Concord and Creek Valley Schools since 1952; and UHERJVS, he has lovingly touched the lives of more than 4,000 elementary students: and WHEREAS, he organized the opening of Creek Valley School in 1969 and has worked with parent groups of that community for twenty years; and 'AHEREBS, he has semed as unofficial historian to Edina Schools: and TJHEBEBS, John, his wife, Florence, their family of eight children, and a growing number of grandchildren have been stellar community members: and FJHEREBS, he "believes in Edina" and has always been an ardent booster of the City; NOW, THEREPORE, I, Frederick S. Richards, hereby proclaim May 24, 1989, as JOHN MOY" DAY in the City of Edina, Minnesota, and on behalf of all citizens express our sincere appreciation to him for his unselfish and dedicated service to this community. Motion was adopted unanimously. PROCLAMATION NINA IELTZHS COMMENDED she was the recipient of the 1988 Crime Fund Outstanding Achievement Award. said that Mrs. Williams was hired during August 1988 as Edina's Crime Prevention Coordinator, which is a parttime position funded entirely by the Crime Prevention Fund. Her expertise and energy has dramatically improved the Department's crime prevention effort. people in various crime prevention techniques. pamphlets and newsletters and has tailor-made a crime prevention program for muItiple dwellings. Manager Rosland commended Mrs. Williams for her tireless efforts in the crime prevention program and presented her with a silver pen bearing the City logo. appreciation of her work. Manager Rosland introduced Neva Williams and stated that He In a relatively short time she has instructed hundreds of She has also written and produced Members of the Council joined in expressing their CONSENT AGENDA ITEMS ADOPTED Member Rice to approve and adopt the consent agenda items as presented with the exception of the removal of items IV.E and IV.F. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Motion was made by Member Smith and was seconded by *HEARING DATE SET FOR FINAL DEVELO~ PLAN - SUPERAMERICA Motion was made by Member Smith and was seconded by Member Paulus setting Hay 15, 1989 as hearing date for Final Development Plan - SuperAmerica, 5205 Vernon Avenue. Motion carried on rollcall vote, five ayes. SPECIBL CONCERN OF RESIDIZPJT HEARD Dr. Paul Carson, 6001 Pine Grove Road, referred to the Council action of April 17, 1989 regarding the Blake Road improvement and 5/1/89 199 said he was concerned about the sidewalk to be located on the east side from Pine Grove Road to Jeffrey Lane and on the west side from Jeffrey Lane to Vernon Avenue. Road at Jeffrey Lane and asked why the road from Jeffrey Lane south could not be moved over so that the sidewalk would continue on the east side all the way to Vernon Avenue. He questioned the safety for pedestrians who would have to cross Blake I Engineer Hoffman explained that it was the consensus of the residents living on Blake Road that the roadway should remain in its present location as much as possible and that the sidewalk location was in response to the concerns of the residents. sight distance from both the north and south. Jeffrey Lane was chosen for the crossover because it provided the best Dr. Carson also said he was concerned about the four oak trees beyond Pine Grove Road in the Scriver Road area. Engineer Hoffman said that the subject improvement ended at Pine Grove Road and that nothing has been designed north from that point. BID AWARDED FOR GRASS FIRE FIGHTING SLIDE-IN UNIT Chief Ted Paulfranz explained that the grass fire fighting slide-in unit would replace and upgrade a 1977 unit. The new unit has a larger water tank, is more flexible in use and provides better performance. Since 1982 the number of grass fires in the City has steadily increased and it is expected that the unit will be used 15-20 times per year.' In addition, the unit will be used for car fires in parking ramps in the City, particularly Southdale Center and Centennial Lakes. Access.into the ramps is impossible with ordinary equipment. Motion was made by Member Paulus and vas seconded by Member Smith for award of bid for a grass fire fighting slide-in unit to sole bidder, Custom Fire, at $12,945.00. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. BID AWARDED FOR 5000 PSI BREATHING AIR COMPRESSOR that in %he past the City has purchased air in bottles and used the Cascade system to fill them. The high pressure compressed air unit is a new approach which was presented in the current budget. Award is recommended to the second low bidder, Compressed Air and Equipment Company, as the low bidder made 14 departures from the specifications and it is felt that the second low bidder is the best bid for the Department's needs. Chief Paulfranz explained that Motion was made by Member Smith and was seconded by Member Kelly for award of bid for the 5000 PSI breathing air compressor to recommended bidder, Compressed Air and Equipment Company, at-$23 , 359.00. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR PUBLIC OFPICIAIS LIABILITY INSURANCE Motion was Smith and was seconded by Member Rice for award of bid for public liability insurance to recommended low bidder, National Casualty, for City Council and at $4,575.00 for the HRA. Motion carried on rollcall vote, five ayes. made by Member officials at $10,500.00 *BID AWARDED FOR POLICE PROFESSIONAL LIABILITY INSURANCE Member Smith and was seconded by Member Rice for award of bid for police professional liability insurance to recommended low bidder, National Casualty, at $24,753.00. Motion was made by Motion carried on rollcall vote, five ayes. BIDS AWARDED FOR TREE REMOVAL AND STUMP REMOVAL Member Paulus asked why the City is losing the trees and if they are in a specific area. Park Director Bob Kojetin 200 51 1f 89 explained that this is the normal loss from trees with Dutch elm disease and that the trees are located throughout the community. this year that indicate a higher incidence of Dutch elm disease, whether from last year's drought or the disease cannot be predicated. There are some projections for Motion vas made by Member Paulus and was seconded by Member Kelly for award of bid for tree removal to recommended low bidder, Precision Landscape & Tree, at $8.1l/dbh . Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Motion vas made by Member Paulus and was seconded by Member Kelly for award of bid for stump removal to recommended low bidder, Outside Services, Inc., at $1.75/in. Ayes : Motion carried. Kelly, Paulus , Rice , Smith, Richards REPORT ON SOUTH HENEJEPIA HUMAN SWVICES GIVEN ON APRIL 17 DEEMED ADEQUATE Mayor Richards explained that South Hennepin Human Services Council (SHHSC) Director Tim Culver would not be appearing inasmuch as Paul Gens had presented information at the April 17 Council meeting. He reported that he and Member Kelly had attended the annual meeting of SHHSC on April 20, together with former Council Member Turner and representatives of the City. He confirmed that the council is active .* and is looking at the programs and issues not only affecting the Edina community but the other three communities in the southwest sector. pointed out that the council's mission statement is an excellent one. Mayor Richards also BFI SELECTED FOR CITY-WIDE RECYCLING CONTRACT: COJCCAINERS APPROVED: CURBSIDE PICK-UP APPROVED the Council approved the selection of BFI and Waste Management for final recycling contract consideration. Further discussions were held between staff and the contractors, and final proposals were received on April 25. Commission met on April 26 to discuss the proposals and make their recommendations, summarized as follows: Recycling Coordinator Janet Chandler recalled that on April 17 The Recycling Choice of Contractor - The proposal from BFI has the most advantages for the City. Considerations in reaching this decision were that BFI has: - Assurance of market for paper, despite current over-supply problems - Reduced costs from previous proposal - Pledged to provide same day garbage and recycling service for their customers - Plan to institute volume based fees for garbage service on June 1, with a fee Waste Management's position changed from the previous proposal to the extent that they would require a contract provision stating that in the event there is a charge to dispose of paper, the City would pay that charge. suggested were to delay the start of the recycling program or start the program without paper pickup. (approximately 65% of Edina households) structure that would encourage recycling, composting and waste reduction. Alternatives Containers - Contractor to provide a container for each household. Recycling containers have promotional and practical functions and are an important part of successful programs. The cost of containers can be spread out over the 18 month contract period, with funding available from Hennepin County at $5.00 per household. Level of Service - Recycling service point be by the garage (or side of the house), visible from the street. Concerns of convenience, pickup efficiency, neighborhood appearance and cost were taken into consideration. Ordinances - the following: Ordinances will be presented at a future Council meeting to address I I .. 5/1/89 201 - definition of "recyclables" - anti-scavenging - placement of recyclables Council may also wish to consider requiring that all trash haulers, as a condition of licensing, be required to charge volume based fees. Actions Recommended - 1) Issuance of a letter of intent to contract with BFI for city wide recycling collection, effective July 1, 1989 through December 31, 1990. 2) Provision of a container for each household to be supplied by contractor. 3) Recyclables be placed by the garage (or side of house) visible from the street or alley, for collection. Coordinator Chandler displayed two containers (Shamrock and Buckhorn) and explained the features and cost of each. The Shamrock container has an optional lid at a cost of of approximately $2.50. Some discussion followed as to residents providing their own containers on which a decal could be placed to identify that it was for recyclables. Rolf Engstrom, 7615 Edinborough Way, asked how BFI would assure a market for paper and also if the recycling program was for mandatory for single family homes only. John Moorland, BFI, stated that they have secured contracts with local paper dealers that the dealers intend to stand by. Also, they are in contact daily'with brokers around the country to establish larger contracts for more material around the metro area. securing a market for paper. for recycling pickup from single and double family homes only; the issue of apartments has not been addressed but, hopefully, a plan for apartment buildings will be developed in the future. The Recycling Commission had not included that the program be mandatory as part of their recommendation. Mr. Moorland said they will take on the responsibility of Coordinator Chandler confirmed that this proposal is Walter Sandison, 4612 W. 58th Street, questioned the need for containers and asked why residents cannot continue to put recyclables in paper bags for pickup as they have in the past two years. Peter Simon, 6612 Iroquois Trail, stated that he was the manufacturer of the Shamrock container. to a specific container or if selection of a container would be left up to the hauler. Shamrock container and would recommend it. He asked if the Recycling Commission had a recommendation as c Coordinator Chandler said that the Recycling Commission liked the Member Kelly raised the issue of recycling of plastics and asked if BFI would be prepared to handle plastics if the City should enter into a program to recycle plastics. process for plastics and if that is mandated by the county or the City they would try to include plastics when the time comes. programs for collecting plastic and BFI would be looking at new equipment that is coming out for handling plastics. Member Smith asked if there would be a problem in pickup if residents used their own containers or paper bags for recyclables. problem as long as they could determine that the contents were recyclables for pickup. Member Paulus made a motion to approve issuance of a letter of intent to contract with BPI for city wide recycling collection, effective July 1, 1989 through December 31, 1990 and that the recyclables be placed by the garage, visible from the street, for collection. Motion was seconded by Member Rice. Member Smith commented that the cost of pickup could be cut by $.55 per month by having the residents place recyclables at curbside and then requiring the hauler Mr. Moorland said that they are working on establishing a collection Currently there are few successful 11 Mr. Moorland said there would be no 202 5/1/89 to return the container to the garage. that recyclables be placed curbside by the residents and that the hauler be required to re- the container to the garage. seconded by Member Kelly. Ayes: Kelly, Paulus, Smith Nays: Rice, Richards Motion carried as amended. Member Smith moved to amend the motion Motion for the amendment was Member Smith made a motion that the recommended container (Shamrock) with cover be provided by the contractor for each household, vith the containers being owned by the City. Motion was seconded by Member Kelly. Member Smith asked about the warranty on the Shamrock container. that the container is guaranteed for five years. by including a cover on the container the program cost would be increased by approximately $35,000. Mayor Richards then called for vote on the motion for containers. Mr. Simon said Manager Rosland pointed out that Ayes: Kelly, Paulus, Smith Nays: Rice, Richards Motion carried. Member Paulus made a motion that the city wide recycling program for slngle and double familyhouseholds be mandatory. Discussion followed on the issue of a mandatory program and enforcement. volume based fees as an incentive for residents to recycle was suggested. Richards then called for vote on the motion for a mandatory recycling program. Motion was seconded by Member Kelly. Also, Mayor I Ayes: Kelly, Paulus, Rice Nays : Smith, Richards Motion carried. Member Paulus made a motion that staff be directed to bring back to the Council a recommendation on the issue that all City and School owned buildings and properties be required to engage in a recycling program. Member Kelly. Motion was seconded by Ayes: Kelly, Paulus, Rice, Smith, Richards - Motion carried. PARK BOARD RECOMMENDATION APPROVED NAMING BRAEMAR ARENA ICE SURFACES "EAST" AND "WEST" approve the recommendation of the Edina Park Board that the Braemar Arena ice surfaces be designated as "East" and "West" surfaces. Motion was made by Member Kelly and was seconded by Member Paulus to Ayes: Kelly, Paulus, Smith, Richards Motion carried. (Member Rice was temporarily absent for the vote.) PETITION OF PROPERTY OVNW (4711wrrAnOW ROAD) FOR RETAINING WALL CONSIDERED; NEGOTIATIONS UPROVED Connor Schmid, property owners of 4711 Meadow Road, that the City change the grade as it falls back from the curb on France Avenue adjacent to the property, to construct a retaining wall to retain the fill and to direct drainage back towards the street. The petitioners would like to have the work done in conjunction with the current reconstruction of France Avenue. Engineer Hoffman explained that the France Avenue roadway at this location is being moved 1.5 feet to the east. Staff has reviewed the petition and has reached the following conclusions: Engineer Hoffman presented the petition of Kathryn and A. The existing condition has been long standing and property owner requests "correction" during the France Avenue construction. 5/1/89 203 B. The portion of the request that involves creating a retaining wall be considered for inclusion in project if County concurs. C. The,portion of the request that involves creating a privacy wall or sight barrier be assessed to the property owner if property owner agrees. D. The maintenance of the wall should be documented for future owners of the property through an agreement. Engineer Hoffman noted that there are several trees located in the subject area. In staff's opinion a small retaining wall could be constructed with the trees being retained, although some may be harmed. France Avenue have stated they would object to removal of the trees for the sake of making the grade correction. Property owners on the east side of Staff would recommend that negotiations be continued with the property owner if a policy decision is made to participate with the property owner and Hennepin County on this request. Engineer Hoffman recalled that when the France Avenue project was approved, the City had proposed not to assess any property owners on Meadow Road whose back yards abutted France Avenue. is of the opinion that the cost of the retaining wall should be assessed at the backyard rate of 1/3 of the normal $20.00 per foot for single family homes per existing City policy ($433.55). and 4713 Meadow Road were affected by the grade slope, although less severely: However, neither of the owners have contacted the City although they are aware of Mr. Schmid's proposal. that normally the City follows an "equal or better" policy for abutting properties. Connor Schmid, petitioner, stated that this is a condition that should have been taken care of when France Avenue was initially constructed. . correct and complete the previous improvement of France Avenue so that there would be the normal grade slope back to the street. his property should not be assessed for this project. above the proposed necessary retaining wall, Mr. Schmid said he would have to look at the cost, and if it was reasonable he would participate in the cost of the wall extension. For this petitioned project, staff He also noted that two other properties at 4709 He explained that when an improvement is being constructed The request is to He said his position would be that As far as the extension Ruth Skokan, 4751 France Avenue, presented a petition signed by 55 residents of the 4600-4700-4800 blocks of France Avenue objecting to the removal of the trees in the middle of the 4700 block on France because it would increase air pollution and further damage the environment. She also raised the following issues: 1) Clarification as to narrowing of the roadway, 2) Retaining of the trees, and 3) Height of the retaining wall and material. In response, Engineer Hoffman explained that the Edina side would gain 1.5 feet because parking was forfeited. trees can be saved. be terminal to the trees. that snow and ice would fall back to the curb line. Mr. Schmid has asked that an extension be constructed on the retaining wall to equal the height of his existing wall, which would be a wood structure. The proposed project can be accomplished and the Obviously, there will be some root damage but it should not The retaining wall would be brought up to a height so Following discussion on the project as petitioned, Member Smith made a motion to approve the staff recommendation to: 1) Construct a retaining wall in conjunction with the France Avenue reconstruction project at the rear of the property at 4711 Meadow Road abutting France Avenue with cost assessed at 1/3 backyard rate per Council policy, 2) Construct additional Val1 above retaining wall if property owner agrees and assess/or have property owner work directly with contractor, and 3) Documentation of an agreement for maintenance of the vall. by Member Rice. Motion was seconded . Ayes: Kelly, Paulus, Rice, Smith, Richards 204 - 5/1/89 Motion carried. I UPDATE GIVEN ON DEVEI.0- OF WEITE OAKS LOTS Andron Development Corporation has applied for a building permit to construct a single family home on Lot 1, White Oaks 3rd Addition and Lot 9, White Oaks 2nd Addition. Data submitted with the application included the required site plan, grading/fill plan, storm water analysis and information on setbacks along Townes Road used to determine front yard setback. At that time, staff requested additional information which Andron sent on April 17. Several issues still remain unresolved: 1) Required front street setback, 2) Proposedbuild-up building pad encroaches into area protected by easement, and 3) Mitigation of flooding problem and necessary protective drainage easements. Manager Rosland advised that Mayor Richards briefly reviewed the history of the subject White Oaks lots to date. the City would participate in attempting to acquire the property if the neighbors would fund one-half of the $26,600 which was the price offered. expressed no interest whatsoever in the purchase offer for the lots and subsequently has applied for a building permit as reported by staff. Richards asked if any of the neighbors wished to comment. Conner Schmid, 4711Meadow Road, reported that they have obtained pledges that are within $200 of the one-half purchase price. The White Oaks Homeowners Association has retained a consulting engineer to look at the lots and in a preliminary report has pointed out several things which may indicate problems. stated that in the early development of the area the marsh was originally identified as park. consider the acquisition of the subject lots for open space and ponding and to presewe a unique portion of Edina. Also speaking in objection to the development of the lots were Henry Hatch, 4702 Townes Road; Robert Michelson, 6076 Lincoln Drive (formerly 4702 White Oaks Road); Adele Hershey, 4412 Grimes Avenue; and Ensor Transfeldt, 4700 Tomes Road. Cliff Code, 4704 Townes Road, stated that $13,400 has been pledged so far and more are expected to be received. In response to the concerns of the neighborhood the Council had said that Mr. Andron has Mayor .. * Mr. Schmid also He concluded his remarks by strongly urging the Council to I Discussion was held on the process of the City's acquiring the property for public purposes. Following discussion, Mayor Richards stated that, as the matter now stands, that if the developer meets all the code requirements and resolves the issues identified by staff to staff's satisfaction, there would be no further reasons for not issuing a building permit. RESOLUTION ADOPTEI) IN OPPOSITION TO PROPOSED SOLID WASTE LEGISLATION Rosland advised that a proposed state-wide sales tax on refuse collection services would have an inequitable effect on Hennepin County and its municipalities. An estimated $15 Million would go from the County into a fund to support recycling programs. However, under the proposed formula, only $3 Million would be returned to Hennepin County. legislation which could be sent to Edina's legislators. No action was taken by the Council. Manager Staff would recommend adoption of a resolution opposing the Member Smith introduced the following resolution and moved adoption: VHEBEBS, H.F. 417 and S.F. 371 incorporate recommendations of the Governor's Select Committee on Recycling and the Environment (SCORE) which vi11 promote recyling and yard waste composting in the state, and WHEREAS, this proposed legislation calls for extending the sales tax to solid waste collection and disposal services: and RESOLUTION WHEREAS, the programs and purpose of the waste abatement tax is to fund county recycling statewide education, promotion and market development programs, and 5/1/89 205 WHEREAS, the proposed tax would place a tremendous inequity on Hennepin County residents and businesses in that the County would contribute $15 million to the fund but only receive about $3 million back in grants in the 1990-91 biennium, and WHEREAS, Hennepin County and its municipalities vi11 be penalized because they have begun aggressive programs to reduce reliance on landfills while other counties who have not taken action will be rewarded; and WHEREAS, such a generous subsidy to the state and other counties will affect Hennepin County's ability to fund its own recycling/composting program, including funding of recycling program costs to the municipalities in the county; NOW, THEREFORE, BE IT RESOLVED that the City of Edina opposes extension of the sales tax to solid waste collection and disposal services; BE IT FURTHER RESOLVED that any funding distribution formula must be equitable statewide; BE IT FUR!C€ER RESOLVED that before any county can receive state funds, it must have set up an internal funding mechanism for recycling. mPTED this 1st day of Hay, 1989. Motion for adoption of the resolution was seconded by Member Rice. I Ro 11 call : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. COUNCIL STUDY SESSION DATES CONFIRWED Member Paulus confirming the following dates for Council Study Sessions, to be held from 8 a.m. to 10 a.m. at the Braemar Clubhouse: June 17, September 16 and Motion of Mayor Richards was seconded by . December 16, 1989. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *PROPOSED SE- OF 1989 TEAMSTER'S LOCAL 320 CONTRACT APPROVED Motion was made by Member Smith and was seconded by Member Rice to approve the following settlement of the 1989 Teamster's Local 320 Contract: proposed 1. 2. 3. 4. 5. Motion Wages - 4% increase Health Benefits - An additional $10.00 per month contribution by the City for health insurance Overtime - Employees vho are scheduled to work 9 holidays, identified in the contract, shall receive an additional 1/2 time regular rate of pay for time worked. Employees classified as investigators shall receive an additional $55.00 per month Employees classified or assigned as a field training officer shall receive an additional $1.00 per hour to a maximum of $200.00 per month vhile performing the training function. carried on rollcall vote, five ayes. * *€EARING DATE OF 5/15/89 SET FOR VACATION OF PORTION OF SOUTH FRONTAGE ROAD ON VERNON AVENUE for adoption of the following resolution: Motion of vas made by Member Smith and vas seconded by Member Rice RESOLUTION CALLING PUBLIC BEBRING ON .VACATION OF EASEKEJFI! FOR STREET PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. street purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Section 412.851 and 160.29: It is hereby found and determined that the following described easement for All that part of Lot 2, Block 1, Fhroth's First Addition, described as follows : Beginning at a point on the Westerly line of said Lot 2 with an assumed bearing of North 18 degrees 27 minutes 00 Seconds East distance 67.91 feet Northeasterly from the most Westerly corner of said Lot 2, as measured along said Westerly line; thence South 52 degrees 13 minutes 5/1/89 206 00 seconds East 42.39 feet; thence North 18 degrees 27 minutes 00 seconds East 100.83 feet to the North line of said Lot 2; thence North 78 degrees 16 mhutes 05 seconds West 40.28 feet to the Northwesterly comer of said Lot 2; thence South 18 degrees 27 minutes 00 seconds West along the Westerly line of said Lot 2 82.08 feet to the point of beginning. 2. included in paragraph 3 hereof for the purpose of holding a public hearing on vhether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun-Current, being the officialnevspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. This Council shall meet at the time and place specified in the form of notice Such notice shall be in substantially the following form: (Official Publication) CITP OF EDINA 4801W. 50TH STREET EDINA, M"ESO!Il 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASELIENT FOR STREET PURPOSES IN THE CITY OF EDINA EENNEPIN COUNTY, MNNESOTA NOTICE IS EEREBY GIVEN that the City Council of the City of Edina, Hemepin* County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on Hay 15, 1989, at 7:OO p-m., for the purpose of holding a public hearing on the proposed vacation of the following street right of way: All that part of Lot 2, Block 1, Enroth's First Addition, described as follows : I Beginning at a point on the Westerly line of said Lot 2 with an assumed bearing of North 18 degrees 27 minutes 00 Seconds East distance 67.91 feet Northeasterly from the most Westerly comer of said Lot 2, as measured along said Uesterly line; thence South 52 degrees 13 minutes 00 seconds East 42.39 feet; thence North 18 degrees 27 minutes 00 seconds East 100.83 feet to the North line of said Lot 2; thence North 78 degrees 16 minutes 05 seconds West 40.28 feet to the Northwesterly comer of said Lot 2; thence South 18 degrees 27 minutes 00 seconds Uest along the Westerly line of said Lot 2 82.08 feet to the point of beginning. All persons vho desire to be heard with respect to the question of whether or not the above proposed street vacation is in the public interest and should be made shall be heard at said the and place. The Council shall consider the extent to vhich such proposed street vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or micipality owning or controlling electric, telephone, or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to contiwe maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE ED= CITY COUNCIL Marcella M. Daehn, City Clerk Motion carried on rollcall vote, five ayes. d I COUNCIL NOT TO PARTICIPATE IN MCAL G0WX"T ENABLING STATUTES AHEJDHEXl! PROCESS Mayor Richards referenced a letter dated March 27, 1989 addressed to the City from Donn R. Wiski, Chair of Roseville Citizens Council Legislative Committee. letter had asked if the City of Edina had any modifications to the Plan B enabling The 5/1/89 207 legislation and whether or not the Council would endorse the amendments they are proposing relating to city manager hiring/dismissal and council member sanctions. It was informally agreed that the Council had no interest in participating in the proposed amendments for Plan B enabling legislation and directed that a letter be drafted for the Mayor‘s signature, addressed to the committee, indicating this response. USED CARS AT VERNON/HANSEN ROAD NOTED Member Rice referred to several used cars that have been displayed in at Vernon Avenue and Hansen Road and said that they are unsightly. He suggested that staff follow up on this. RECYCLING CWNGE PROPOSED part of the recycling program, dividing the City into general districts in which the Members live and challenging each other on recyling participation by the residents in their districts. Mayor Richards said that may be a subject for discussion at a Council Study Session. Member Paulus proposed that the Council consider, as REPORT REOUESTED ON FERTILIZERS USED IN PARK SYSTEM Member Smith said he would like to hear a report on the fertilizers and sprays used in the park system in response to concerns voiced by residents. Manager Rosland reported that staff had met with the residents who had raised questions on what types materials were being used. .A report will be presented at an upcoming Council meeting. CONCERN EXPRESSED REGARDING DEER POPULATION AND LYME DISEASE Member Kelly said that she was concerned about the increasing deer population and health concerns for Lyme disease. she felt it was a potential health problem. She said she felt the City should get involved in this issue as STAFF COMMENDED FOR WORK ON ALL VOLUNTEERS RECEPTION staff members who had worked on the Annual All Volunteers Reception on April 25th and said that it was a nice function. Mayor Richards commended the COUNCIL BACKGROUND INFORMATION ON PORNOGRAPHY REQUESTED EARLY Mayor Richards asked that any background information for the Council concerning the issue of pornography which will be discussed at the May 15, 1989 meeting be sent to the Council members early so that they would have time to review it and reflect thereon. Manager Rosland said that a staff meeting is planned for May 8 to prepare the data and that a report will be sent to the Council during the week. Member Rice asked if the owner(s) of Shindershave been notified of the meeting. Manager Rosland said that contact would be made with Shinders if that was the desire of the Council. Mayor Richards said he felt we would be remiss not to advise the manager or proprietor and invite them to make a presentation on the issue. CONTINUED BOARD OF REVIEW DATE NOTED Mayor Richards reminded the Council that the continued Board of Review would be held on Monday, May 8 at 4:30 p.m. in the Manager’s Conference Room when the Council would act on the appeals that have been presented. - UPDATE GIVEN OF AIRPORT ADEQUACY STmlY April 20, 1989 from Larry Lee, Director of Community Development for the City of Bloomington, concerning the airport adequacy study being initiated by the cities of Richfield and Bloomington. A copy of the consultant request for proposals was also enclosed. Mr. Lee expressed thanks for the City of Edina’s decision to participate in the study. Manager Rosland referred to a letter dated The study is moving forward and a project management team (PMT) is being developed. will meet one or two times per month. Edina is being asked to appoint a representative to the team which Manager Rosland said that a staff member 5/1/89 208 will be appointed to serve on the PMT. be appointed to the PMT as an elected official because he has expertise in this area. appropriate. experts on the panels with which they had knowledge and experience. CIAlHS PAID approve payment of the following claims dated 05/01/89: General Fund $157,238.20, Art Center $8,579.33, Capital Fund $565.88, Swimming Pool Fund $288.00, Golf Course Fund $37,224.19, Recreation Center Fund $5,542.30, Gun Range Fund $469.96, Edinborough Park $6,935.08, Utility Fund $250,636.86, Liquor Dispensary Fund $9,041.77, Construction Fund $13,359.00, IMI? Bond Redemption #2 $1,372.50, Total $491,253.07. Motion carried on rollcall vote, five ayes. Member Kelly suggested that Member Rice be Member Rice said that he would be willing to serve if that would be He commented that it would be important to get the appropriate Motion vas made by Member Smith and vas seconded by Member Rice to There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:20 p.m.