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HomeMy WebLinkAbout19890918_regular46 MINUTES OF THE REGULAR WBTING OF THE EDINA CITY COUNCIL HELD AT CITY HAIL SEP’EMBER 18, 1989 ROILCAIL Answering rollcall were Members Kelly, Paulus, Rice and Smith. Mayor Pro-tem Kelly chaired the meeting in the absence of Mayor Richards. CONSENT-AGENDA ITMS ADOPTED Menher Rice to approve and adopt the consent agenda items as presented vith the exception of the removal of item VI1.A - Boiler and Machinery Insurance. Motion was made by Member Paulus and was seconded by Rollcall : Ayes: Paulus, Rice, Smith, Kelly Motion carried. *MINUTES OF THE REGULBR MEETINGS OF AUGUST 21AND SEPTEMBER 5. 1989 AND JOINT €IRA/COuNGIL MEETING OF SEPTEMBER 5. 1989 APPROVED Motion vas made by Member Paulus and was seconded by Member Rice to approve the Council Minutes of the Regular Meetings of August 21 and September 5, 1989 and the Joint HRA/Council Meeting of September 5, 1989. Motion carried on rollcall vote, four ayes. PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSIENTS Affidavits of Notice were presented, approved and ordered place on file. public hearings were conducted and action taken as hereinafter recorded on the following proposed assessments: Due notice having been given, Assessment approved by motion of Member Rice, seconded carried unanimously. (Assessment levied by Resolution 2. STREET IMPROVEM.ENT NO. BA-28lA 3. WATERMAIN IMPROVEMENT NO. WM-363 4. STORM SEWER IMPROVEMENT NO. STS-185 5. SANITARY SEWER IMPROVEMENT NO. SS-377 Location: Malibu Drive from Lincoln Drive to 655 Location: Malibu Drive from Lincoln Drive to 710 Location: Malibu Drive from Lincoln Drive to 290 Location: Malibu Drive from Lincoln Drive to 710 1. PARKING €?AMP IMPROVEMENT NO. P-1B Location: West 51st Street Parking Ramp Manager Rosland presented analysis of assessment showing total construction cost of $240,000 proposed to be assessed against one assessable unit (Edina Theatre property). No objections were heard and no written objections to the proposed assessment were received prior hereto. by Member Paulus and I Assessment to be spread over 20 years. later in Minutes.) feet Southeasterly feet Southeasterly feet Southeasterly feet Southeasterly Improvements listed under 2, 3, 4 and 5 affecting the same properties, public hearing was conducted concurrently. assessment for Street Improvement No. BA-28lA showing total construction cost of $23,349.43 proposed to be assessed against 1,052.25 assessable feet at $22.19 per assessable foot, against estimated assessment of $26.35 per assessable foot. Analysis of assessment for Watermain Improvement No. WM-363 was given as total cost of construction of $21,239.15 proposed to be assessed against 5 assessable lots at $4,247.83 per lot, against estimated assessment of $5,773.72 per lot. Analysis of assessment for Storm Sewer Improvement No. STS-185 was given as total cost of construction of $14,955.98 proposed to be assessed against 140,300 assessable square feet at $0.1066 per assessable square foot, against estimated assessment of $0.126 per square foot. Improvement No. SS-377 was given as total cost of construction of $29,700.85 proposed to be assessed against 5 assessable lots at $5,940.17 per lot, against estimated assessment of $7,132.73 per lot. 10 years per Developer’s Agreement. objections to the proposed assessments were received prior hereto. Street Improvement No. BA-28lA approved by motion of Member Smith, seconded by Manager Rosland presented analysis of Analysis of assessment for Sanitary Sewer I All assessments are to be spread over No objections were heard and no written Assessment for . 9/18/89 v- 47 Member Paulus and carried unanimously. Assessment for Uaterman Improvement No. W-363 approved by motion of Member Rice, seconded by Member Paulus and carried unanimously. Assessment for Storm Sewer Improvement No. STS-185 approved by motion of Member Rice, seconded by Member Smith and carried unanimously. Assessment for Sanitary Sewer Improvement No. SS-377 approved by motion of Member Paulus, seconded by Member Rice and carried unanimously. Resolution later in Minutes. ) (Assessment levied by 6. WATERMAIN IMPROVEMENT NO. WM-364 7. SANITARY SEWER IMPROVEMENT NO. SS-378 Location: Location: Ryan Avenue from West 62nd Street to West 63rd Street Ryan Avenue from West 62nd Street to West 63rd Street Improvements listed under 6 and 7 above affecting the same properties, public hearing was conducted concurrently. assessment for Watermain Improvement No. WM-364 showing total construction cost of $10,514.19 proposed to be assessed against 3,lots at $3,504.73 per assessable lot, against estimated assessment of $4,736.70 per lot. Sanitary Sewer Improvement No. SS-378 was given as total construction cost of $17,211.24 proposed to be assessed against 3 lots at $5,737.08 per assessable lot, against estimated assessment of $5,666.10 per lot. 10 years. assessments were received prior hereto. Rice, seconded by Member Paulus and carried unanimously. Resolution later in Minutes.) Manager Rosland presented analysis of Analysis of assessment for Assessments to be spread over Assessments approved by motion of Member No objections were heard and no written objections to the proposed (Assessment levied by 8. STORM SEWER IMPROVEMENT NO. STS-186 Location: Location: Location: Minnesota Drive from France Avenue to Edinborough Way Minnesota Drive from France Avenue to Edinborough Way Minnesota Drive from France Avenue to Edinborough Way 9. SANITARY SEWER IMPROVEMENT NO. SS-379 10. WATERMAIN IMPROVEMENT NO. WM-365 Improvements listed under 8, 9 and 10 above affecting the same properties, public hearing was conducted concurrently. Manager Rosland presented analysis of assessment for Storm Sewer Improvement No. STS-186 showing total construction cost of $63,984.94 proposed to be assessed against 2,139,965 square feet at $0.0299 per assessable square foot, against estimated assessment of $0.331 per square foot. Analysis of assessment for Sanitary Sewer Improvement No. SS-379 was given as total construction cost of $19,687.68 proposed to be assessed against 2,139,965 square feet at $0.0092 per assessable square foot, against estimated assessment of $0.01093 per square foot. Analysis of assessment for Watermain Improvement No. WM-365 was given as total construction cost of $40,787.72 proposed to be assessed .against 2,139,965 square feet at $0.01906 per assessable square foot, against estimated assessment of $0.02116 per square foot. 10 years. for the Centennial Lakes project. No objections were heard and no written objections to the proposed assessments had been received prior hereto. for Storm Sewer Improvement No. STS-186 approved by motion of Member Paulus, seconded by Member Smith and carried unanimously. Improvement No. SS-37.9 approved by motion of Member Rice, seconded by Member Smith and carried unanimously. Assessment for Watermain Improvement No. WM-365 approved by motion of Member Rice, seconded by Member Smith and carried unanimously. (Assessments levied by Resolution later in Minutes.) Assessments to be spread over Engineer Hoffman explained that this is the first round of assessments Assessment Assessment for Sanitary Sewer 11. SANITARY SEWER CONNECTION NO. HC-11 Location: 4540 France Avenue South Manager Rosland presented analysis of assessment showing total construction cost of $6,215.00 proposed to be assessed against one lot as petitioned by property owner. No objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment to be spread over 6 years. 48 9/18/89 Assessment approved by motion of Member Rice seconded by Member Paulus and carried unanimously. (Assessment levied by Resolution later in Minutes.) 12. MAINTENANCE IMPROVEMENT NO. M-89 Location: 50th Street and France Avenue Business District Manager Rosland presented analysis of assessment showing total cost of $43,121.71 proposed to be assessed against 309,560 square feet at $0.1393 per assessable square foot. Engineer Hoffman explained that the assessment next year will be increased to provide for ramp maintenance. No objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment approved by motion of Member Smith, seconded by Mem5er Rice and carried unanimously. Minutes. ) One year assessment to be paid in 1990. (Assessment levied by Resolution later in 13. TREE REMOVAL PROJECT NO. TR-89 Location: 5200 Valley View Road 4810 Brookside Avenue Manager Rosland presented analysis of assessment showing total cost of $804.22 proposed to be assessed against two lots: $155.42 against 5200 Valley View Road, to be spread over 3 years, and $648.80 against 4810 Brookside Avenue, to be spread - over 5 years. No objections were heard and no written objections to the proposed assessment had been received prior hereto. Member Rice, seconded by Member Smith and carried unanimously. by resolution later in Minutes.) Assessment approved by motion of (Assessment levied 13. AQUATIC WEED IMPROVEMENT NO. AQ-89 Location: Indianhead Lake and Mill Pond Manager Rosland presented analysis of assessment showing total cost for Indianhead Lake of $10,651.00 proposed to be assessed against 33 homes at $322.76 per home and total cost for Mill Pond of $7,268.00 proposed to be assessed against 63 homes at $115.37 per home. One year assessment to be paid in 1990. heard and no written objections to the proposed assessment had been received prior hereto. and carried unanimously. B No objections were Assessment approved by motion of Member Smith, seconded by Member Rice (Assessment levied by Resolution later in Minutes.) X5. TREE TRIMMING IMPROVEMENT NO. TT-89 Location: East, Highway 62 on the North and the Southern City Boundary on the South Area bounded by Highway 169 on the West, Highway 100 on the Manager Rosland presented analysis of assessment showing total cost at $43,442.31 proposed to be assessed against 827 trees trimmed at $52.53 per assessable tree. One year assessment to be paid in 1990. A letter from Nancy E. Johnson, 6312 Warren Avenue, objecting to the assessment was acknowledged. Manager Rosland stated that this will be checked by staff and an adjustment will be made if warranted. received questioning the tree trimming assessment and adjustments will be made if warranted. proposed assessment had been received prior hereto. of Member Smith, seconded by Member Rice and carried unanimously. levied by Resolution later in Minutes.) Staff also will be responding to numerous phone calls that had been No objections were heard and no other written objections to the Assessment approved by motion (Assessment 16. RE-ASSESSMENT OF SPECIAL ASSESSMENTS ON TAX FORFEITED LAND Location: Land parcel only - Part of Lot 23, Auditor's Subdivision No. 196 (North of Crosstown Highway and east of Vernon Avenue) Manager Rosland presented analysis of assessment showing total amount to be re-assessed of $7,960.49 proposed to be assessed against one parcel. to be spread over 3 years. Edina Masonic Lodge No. 343 and that assessments were levied in 1982 for public improvements (grading, street, sanitary sewer and watermain). It became tax forfeited land several years ago and has now been purchased from the county. City will be rebated for 90% ($44,100.00) of the sale price paid ($52.060.49) Assessment He explained that this property was formerly owned by The 9/18/89 - r -. 49 towards the special assessments, leaving a total of $7,960.49 to be re-assessed. The property owner has been advised of the proposed re-assessment. No objection was heard and no written objection to the proposed re-assessment had been received prior hereto. Assessment approved by motion of Member Smith, seconded by Member Rice and carried unanimously. (Assessment levied by Resolution later in Minutes.) - Following the presentation of analysis of assessments and approval, Member Smith introduced the following resolution and moved its adoption: SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF VARIOUS PUBLIC IMPROVEMENTS. BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearings held on September 18, 1989, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for the following improvements: The City has- given notice of hearings as required by law on the proposed Parking Ramp Improvement No. P-1B Street Improvement No. BA-281A Watermain Improvement No. WH-363 Storm Sewer Improvement No. STS-185 Sanitary Sewer Improvement No. SS-377 Watermain Improvement No. a-364 Sanitary Sewer Improvement No. SS-378 Storm Sewer Improvement No. STS-186 Sanitary Sewer Improvement No. SS-379 Watermain Improvement No. WH-365 Sanitary Sewer Connection No. HC-11 Maintenance Improvement No. H-89 Tree Removal Improvement No. TR-89 Aquatic Weeds Improvement No. AQ-89 Tree Trimming Improvement No. TT-89 Re-assessment of Special Assessments on Tax Forfeited Land (Part of Lot 23, Auditor's Subdivision No. 196 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefitted lots, parcels and tracts of land described therein. 3. said installments, together with interest at a rate of 9.0% per annum, except that interest for Re-assessment of Special Assessments on Tax Forfeited Land (Part of Lot 23, Auditor's Subdivision No. 196) shall be at a rate of 11.5% per annum, on the entire assessment from the date hereof to December 31, 1990, to be'payable with the general taxes for the year 1990. added interest at the above rate for one year on a11 then unpaid installments. The number of such annual installments shall be as follows: PARKING RAMP IMPROVEMENT NO. P-1B (Levy NO. 11541) 20 years STREET IMPROVEMENT NO. BA-28lA (Levy NO. 11540) 10 years WATERMBIN IMPROVEMENT NO. WH-363 (Levy NO. 11534) 10 years STORM SEWER IMPROVEMENT NO. STS-185 (Levy NO. 11538) 10 years SANITARY SEWER IMPROVEMENT NO. SS-377 (Levy NO. 11536) 10 years WATERMAIN IMPROVEMENT NO. UH-364 (Levy NO. 11535) 10 years SANITARY SEWER IMPROVEMENT NO. SS-378 (Levy NO. 11537) 10 years STORM SEWER IMPROVEMENT NO. STS-186 (Levy NO. 11539 10 years SANITARY SEWER. IMPROVEMENT NO. SS-379 (Levy NO. 11559) 10 years WATERMAIN IMPROVEMENT NO. WH-365 (Levy NO. 11558) 10 years SANITARY SEWER HOUSE CONNECTION NO. HC-11 (Levy NO. 11533) 6 years MAINTENANCE JXPROVEMENT NO. H-89 (Lepy NO. 11527) 1 year The assessments shall be payable in equal annual installments, the first of To each subsequent installment shall be Name of Improvement Number of Installments 50 9/18/89 TREE BEPIOVAL PROJECT NO. TB-89 (Levy NO. 11531) 3 years (Levy No. 11532) 5 years AQUATIC UEED IMPROVEMENT! NO. AQ-89 (Levg NO. 11530) 1 year TREE TRIMMING IHPROVEMEN!C NO. TT-89 (Levy NO. 11551) 1 year TAX FORFEIT IAND BE-ASSESSMIWC (Part of Lot 23, Auditor's 3 years Subdiesion 'No. 196 (06-116-21-21-0006) (Levy No. 11585) 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments vith each thenunpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance vith this resolution. 5. The City Clerk shall also mail notice of any special assessment which may be payable by a county, by a political subdivision, or by the owner of any right-of-way as required by Wnnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said Section. Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Paulus, Rice, Smith, Kelly Resolution adopted. CONDITIONAL USE PERMIT APPROVED FOR GRACE CH"RCH OF EDINA recalled that the request of Grace Church of Edina, 5300 France Avenue, for a conditional use permit was heard by the Council on July 24, 1989 and the hearing was continued to allow the church time to address concerns that were raised at that meeting. Specifically, the following were identified: 1) If there was to be a modification to the front entrance of the building, exactly what would that be, how would it look and what kind of variance would be requested, 2) Noise generated by the heating/air conditioning unit located on the roof of the building, and 3) Drainage spilling off of the church property onto the backyards of some of the Halifax Avenue properties. Planner Craig Larsen Planner Larsen advised that since then the church did appear before the Board of Appeals and requested a 15 foot setback variance to build a new front entry that would draw the entry back to the existing line of the church building or a 35 foot setback. setback. be acceptable. variance for the redesigned entry at their meeting of September 7, 1989. existing cross and supports to the south of the proposed new entry would be lowered to the building line at that point. The church has proposed installation of sound baffles on the heating/air conditioning unit located on the roof to reduce the level of sound coming from the unit. As initially proposed the new entry would only have had-a 2 foot This would comply with what the Planning Commission had indicated would The Board of Appeals unanimously approved the 15 foot setback The Finally, with regard to the drainage problem, the church has installed a new "beehive" type cover for the catch basin which would allow for better drainage. In addition, the church is proposing berming along the low area adjacent to the Thatcher's property which would contain the stormwater runoff on the church site for drainage into the catch basin. Planner Larsen said that church representatives had met with the neighbors who had been concerned about the noise and drainage and had explained the proposed remedies. Church to allow for the proposed expansion and remodeling, subject to immediate installation of berming along the west property line, installation of sound baffles on the heating/air conditioning unit, review and approval by the City Engineer of any further changes in the grading plan and also conditioned upon Staff would recommend approval of the Conditional Use Permit for Grace s 9/18/89 51 rec ipt of an executed Pro f of Parking Agreement prior to issuance permit for the expansion and remodeling. f a building Member Smith noted that the proposed actions by Grace Church had been outlined in a letter from Andre LaTondresse, Schwarzpeber Architects, Inc., and said he would like-to hear from representatives of the church on these issues. Lundborg, Chairman of Facilities Task Force for Grace Church, then reiterated the background information on their original master plan that had called for a sanctuary that would seat 1800 people. He explained that the sanctuary that was built was to be a temporary, low cost facility until they could build the larger one. Because that master plan is no longer valid, Grace Church is requesting a conditional use permit for building expansion and remodeling to make this their permanent facility. The expansion and remodeling will improve the facility both . as to function and visibility. Mr. Lundborg stated that, as good neighbors, Grace Church intends to install the sound baffles on the heating/air conditioning unit and to construct the berming regardless of whether or not the conditional use permit is approved. Member Rice asked how high the proposed new entry tower would be compared with the existing cross to the south, and if any part would be closer to the street than the 35 foot setback. Latondresse, architect for the project, said that the tip of the steeple would be 44 feet from ground level. will be lowered so that there will be a recognizable steeple. confirmed that the new front entry vestibule would maintain the 35 setback for the existing building. Richard In response to the height of the entry tower, Andre The existing cross is at a height of 65 feet which Planner Larsen Mary Thatcher, 5309 Halifax Avenue, thanked the Council for its interest in supporting her concern about the drainage from the church site onto her property. She said that, from the plans shown her by the church and comments of City staff, she feels assured that they will not have drainage from routine rainstorms in the future. promising. Member Smith introduced the following resolution and moved adoption, subject to 1) Immediate installation of berming along the west property line, 2) Immediate installation of sound baffles on the heating/air conditioning unit, 3) Review and approval by City Engineer of any further changes in the grading plan, and 4) Receipt of an executed Proof of Parking Agreement prior to issuance of a building permit for the expansion and remodeling: RESOLUTION GRBNTING CONDITIONAL USE.PERMIT Further, she said the proposed improvements to the building look FOR GRACE CHURCH OF EDINA m, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance) have been met; and WHEREAS, it has been determined that the Findings as required by Ordinance No. 825 have been satisfied; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a Conditional Use Permit to Grace Church of Edina, 5300 France Avenue, for building expansion and remodeling. Motion for adoption of the resolution was seconded by Member Rice. Ro 11 c a1 1 : Ayes: Paulus, Rice, Smith, Kelly Resolution adopted . RELEASE OF PROOF OF PARKING AGREEMENTS APPROVED FOR ONE CORPORATE CENTER. PHASES 5 AND 6 release of Proof of Parking Agreements for One Corporate Center, Phases 5 and 6, generally located east of Ohms Lane and west of Metro Boulevard. property measures 12.8 acres and is developed with 14 office buildings containing 280,319 square feet of floor area. Planner Larsen presented the request of Ryan Construction Company for The subject 52 The project was developed by Ryan numerous variances because at the District in the Zoning Ordinance. 9/18/89 Construction Company in 1982 and required time the City did not have a Planned Office I One of the variances granted was for parking quantity. constructing 642 spaces. Parking agreement illustrating the required 724 spaces. that in 1984 the City adopted a new Zoning Ordinance which reduced parking requirements for larger office building developments. Under the new Zoning Ordinance 632 spaces would be required for this development. survey indicated that the development has 645 spaces, or 13 spaces more than currently required. The development required 724 spaces, but the developer proposed The plan was approved at 642 spaces with a Proof of Planner Larsen explained A recent as-built In an effort to simplify the sale and financing of the properties, Ryan has asked the City to release the Proof of Parking Agreements. release of the Proof of Parking Agreements. exceeds current parking requirements. complaints of parking shortages. be able to legally require the construction of parking in excess of current ordinance requirements. Staff would support the The development as constructed Staff has not observed or received In addition, it appears that the City would not Planner Larsen advised that the request was considered by the Community Development and Planning Commission at its meeting of August 30, 1989, and the Commission unanimously recommended release of the Proof of Parking Agreements. Member Smith introduced the following resolutions and moved their adoption: WHEREAS, Ryan Construction Company of Minnesota, Inc., a Minnesota corporation ("Owner"), and the City of Edina, a Minnesota municipal corporation ("City"), have entered into an Agreement (Conditions to Parking Variance) dated the 24th day of December, 1980, and filed as Document No. 4615750 in the Office of Registrar of Titles, Hennepin County, Minnesota; and VHEREBS, the Agreement encumbered the real propeay legally described therein, known as One Corporate Center Phase 5; and WHEREAS, the Owner of the subject property has petitioned the City of Edina to release the encumbrance of said Agreement; WHEREAS, the City hereby agrees to remove the encumbrance of said Agreement; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that the Mayor and Manager are hereby authorized and directed to execute a document releasing the instrument described herein as Conditions to Parking Variance for One Corporate Center Phase 5. UHEREAS, Ryan Construction Company of Minnesota, Inc., a Minnesota corporation (Wwnern). and the City of Edina, a Minnesota municipal corporation ("City"), have enter into an AGreement (Conditions to Parking Variance) dated the 20th day of October, 1981, and filed as Document No. 4680132 in the Office of Registrar of Titles, Hennepin County, Minnesota; and WHEREAS, the Agreement encumbered the real property legally described therein, known as One Corporate Center Phase 6; and WHEREAS, the Owner of the subject property has petitioned the City of Edina to release the encumbrance of said Agreement; WHEREAS, the City hereby agrees to remove the encumbrance of said Agreement; NOW, THEREFORE, BE IT RESOLVED by the Ed- City Council that the Mayor and Manager are hereby authorized and directed to execute a document releasing the instrument described herein as Conditions to Parking Variance for One Corporate Center Phase 6. Motion for adoption of the resolutions was seconded by Member Paulus. RESOLUTION aeS0LUTION Rollcall : Ayes: Paulus, Rice, Smith, Kelly Resolutions adopted. I 9/18/89 It- 53 *HEARING DATE OF 10/2/89 SET FOR PLANNING HATTERS Paulus and vas seconded by Member Rice setting October 2, 1989 as hearing date for the following Planning matters: 1) Amendment to Final Development Plan, Edinborough - Hawthorn Edina, Inc. - Generally located north and east of Edinborough Way and west of York Avenue. 2) -Amendment to Ordbance No. 825 - To Add a Hotel as a Permitted Use in the MDD-5 District. Motion was made by Member Motion carried on rollcall vote, four ayes. *VACATION GRANTED FOR SCRIVW ROAD RIGHT OF WAY - LOTS 1 AND 2. BLOCK 1. HPLBND ACRES - (5101 SCRIVER ROAD1 Affidavits of Notice were presented, approved and ordered placed on file. Pursuant to due notice given, a public hearing was conducted on the request for vacation of a portion of right of way for Scriver Road. No public comment or objection was heard. Motion vas made by Member Paulus and was seconded by Member Rice for adoption of the following resolution: RESOLUTION VACATING EASEMENT FOR STREET PURPOSES WHEREAS, a resolution of the City Council, adopted the 21st day of August, 1989, fixed a date for a public hearing on a proposed vacation of a portion of Scriver Road right of way; WHEREAS, two weeks‘ published and posted notice of said hearing was given and the hearing was held on the 18th day of September, 1989, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, cable television or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the folloving described portion of street right of way be ’ and is hereby vacated effective as of September 19, 1989: That part of SCRIVW ROAD lying northerly of the following described line: Beginning at the southwest corner of Lot 1, Block 1, HPLBND ACRES, according to the recorded plat thereof; thence North 88 degrees 38 minutes 15 seconds East along the south line of said Lot 1 and its , easterly extension a distance of 51.67 feet; thence 67.92 feet along a curve concave to the southwest having a radius of 64.43 feet and a central angle of 60 degrees 23 minutes 45 seconds, to a point on the southwesterly line of Lot 2, said Block 1, distant 31.04 feet northwesterly from the most southerly corner of said Lot 2 and said line there terminating. The City of Edina reserves in favor of itself a utility easement within said described vacated street right of way for the maintenance, replacement, repair and removal of, and for otherwise attending to, underground storm sewer as deemed necessary by the City of Edina. The Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder in accordance with Minnesota Statutes, Section 412.851. Motion carried on rollcall vote, four ayes. CONCERNS OF RESIDENTS AT 6509 AND 6517 INDIAN HILTS ROAD HEARD REGARDING ASSESSMENT FOR TREE TRIMMING IMPROVEMENT NO. TT-89 Greg Buck stated that he was 54 9/18/89 appearing for Gordon and Clarette Peterson, 6517 Indian Hills Road and also for Donald and Mary Buck,' 6509 Indian Hills Road regarding their proposed assessment for Tree Trimming Improvement No. TT-89 heard earlier in the meeting. that he had arrived after that assessment was approved. Mayor Pro-Tem Kelly asked the Park and Recreation Director to contact these residents to identify the tree trimming that was done and to determine the assessment against their properties. I He said BO= AND MACHINERY INSURANCE BID AWARDED Member Smith said that he had asked that the award for boiler and machinery insurance be removed from the consent agenda because he was concerned that only one quotation had been received. suggested that the City would receive a broader base of bids if all insurance for the City were bid together on an annual basis. He Following some discussion, Member Smith made a motion to approve award of bid for boiler and machinery insurance to sole bidder, Hartford Steam Boiler Insurance, at $7,957.00. Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Kelly Motion carried. *BID AWARDED FOR SNOW PLOW AND WING FOR LOADER Motion was made by Member Paulus and vas seconded by Member Rice for award of bid for snow plow and wing for loader to recommended low bidder, Mass Manufacturing & Sales, at $9,769.00. Motion carried on rollcall vote, four ayes. *BID AWARDED FOR SERVICE BODY FOR ELECTRICBL SERVICE TRUCK Motion was made by Member Paulus and was seconded by Member IUce for award of bid for service body for electrical service truck to recommended low bidder, Mass Manufacturing & Sales, at $7,177.00. Motion carried on rollcall vote, four ayes. TRAFFIC SAFETY COMMITTEE MINUTES OF 9/12/89 APPROVED of the following recommended action listed in Section A of the Traffic Safety Committee Minutes of September 12, 1989: 1) West 57th Street, 2) 69th Street to the parking lot entrance of Community Credit Building, 3) South, north of Sioux Trail, and on the north side of McCauley Trail West, 4) Boulevard, and that the crosswalk be enhanced at this location, and to acknowledge Sections B and C of the Mhutes. Motion for approval was seconded by Member Paulus. Member Smith moved approval To place "NO PARKING - BUS STOP" signs on the vest side of Xerxes Avenue at To install "NO PARKING" signs on the west side of Xerxes Avenue south of Uest To install "NO PARKING ANY TIME" signs on the vest side of McCauley Trail To place "STOP" signs on Country Club Road at Moorland Avenue also at Edina Ayes: Paulus, Smith, Kelly Motion carried. (Member Rice was absent for vote on the motion.) STATUS REPORT GIVEN ON WHITE OAKS LOTS: PURCHASE AGREEMENT SI- Assistant Manager Gordon Hughes said he was happy to report that the City has signed a Purchase Agreement with Andron, Inc. in the amount of $40,000 for Lot 9, White Oaks Second Addition and Lot 1, White Oaks Third Addition. Also, that pledges totaling $20,000 have been presented from the White Oaks Improvement Association and other area residents to meet the contingency requested by the City Council. He said the closing on the property is scheduled for October 9, 1989. Connor Schmid, 4711 Meadow Road, Secretary/Treasurer of the White Oaks Improvement Association, spoke on behalf of 19 residents from the area who he said had felt they would meet the goal for pledges and now have met it. He said they were 9/18/89 55 present to thank the members of the staff who had worked on this during the various stages. They also wanted to express their appreciation and thanks to the Council for its sensitivity, concern and forthright position in looking at the many public and private issues that were raised concerning the property. Memhar Smith asked who will own the property and how it is proposed to be maintained. and is to be left as it is now for open space. be the conservation restrictions on some of the lots to the north. Assistant Manager Hughes said it would be owned by the City of Edina He said the only open issue would I Mr. Schmid commented that the representation was made to the people who contributed that this was for the preservation of the marsh and that it would be a permanent situation, that it would not be developed, e.g. municipal swimming pool tennis court or playground. by the residents of the area in the acquisition, he hoped the City would take steps to see that that status was permanently maintained. He said that, because there was a 50% participation ANIMAL CONTROL POLICY ON RACCOONS DISCUSSED: CONCERNS VOICED REGARDING DEER: DREHER LETTER REGARDING ORDINANCE NO. 312 <ANIMAL CONTROL) NOTED Raccoons - Chief Craig Swanson stated that the current Edina Animal Control policy regarding raccoons provides for active trapping and disposition of the animal when 1) it is inside a home, 2) when it is determined to be sick or injured, or 3) when it is involved in bites. In other cases, homeowners are advised of steps they can take to deal with raccoons. He explained that the rationale for this policy comes from both a legal and workload basis. animals that are doing damage. The City could apply for a permit from the Department of Natural Resources (DNR) allowing for transport and destruction of raccoons for residents. The City of Minnetonka has recently done this with the expectation of increased raccoon complaints. policy to that of Edina. State law allows that only a homeowner can remove protected Many other cities have a similar Secondly, the resources necessary to deal with even the number of current calls is beyond present allocations. Traps, persons to set and monitor them, and the time necessary to dispose of the animals would be a significant change in service level. Lastly, many people consider raccoons a part of urban wildlife that should not be tampered with. If it were to change to a more aggressive trapping program, the current animal control emphasis on dog and cat protection would be eroded. Chief Swanson recommended that the current policy be maintained. Mayor Pro-tem Kelly asked if the Minnetonka residents are assessed for this service and if Edina could charge for this type of service. did not think they were; however, the City of Minnetonka has set a limit of three animals per household annually that they will trap. the City could establish a charge for the service. Manager Rosland commented, if the Council decided to do active trapping, that the best approach would be to manage the program through the Police Department but then contract with professional trappers for times when needed the most. Member Paulus said that, unless we are getting a flood of calls about raccoons, she would support the present policy - that the more goverment is kept out of things it is more positive than government intervention. Chief Swanson said he ’ Attorney Erickson said that Member Rice said he concurred but that we should keep looking at this. He said 9/18/89 56 he believed that the DNR has taken away the protected status for raccoons in Hennepin County. helpful as he had been concerned about bites, which were reported at less than 1%. Jean Lowe, 6301 Loch Moor Drive, said she was basically present to discuss the deer problem. and that raccoons that have been trapped are released in the Braemar Park area. She said they have to fend them off of their deck, their fighting awakens them, bird feeders must be secured, etc. to be seriously looked at and that active trapping should be done at least in their area. Also, the summation of raccoon related calls for service was However, she said that they have an enormous problem with raccoons Mrs. Lowe said she felt the City's policy has Member Paulus responded that there is nothing to prevent the individual resident from trapping raccoons or hiring someone to do that job. surveyed, we would find that people along Minnehaha Creek have the same problem. It becomes a philosophical question of who was here first, and if we want the beauty of green landscaping the question is how far should the City go in controlling wildlife. As to trapping in certain areas, she said she felt the policy should apply over all and that it would be difficult to provide trapping in a particular segment. Chief Swanson clarified that for the last ten years all animals that have been trapped or caught have been released in the Minnesota River Valley and not in the Braemar area. Mayor Pro-Tem Kelly suggested that staff should report to the Council in the next few months as to what is happening and how many calls the City is receiving concerning raccoons. approximately 50-60 calls per month and that was of concern to her. Deer - Mayor Pro-Tem Kelly said she had received a call from Mrs. Margaret Good, 6308 Loch Moor Drive, concerning deer and had asked her to write a letter to the City which was done. In response, some research material had been sent to her by Assistant Manager Hughes. Over the years, Mrs. Jean Lowe, 6301 Loch Moor Drive, has also spoken about the same issue. If the City were She said she was amazed that staff is receiving Raymond Good, 6308 Loch Moor Drive, said that they have four concerns: 1) Property damage, 2) Deer trail across back yard, 3) Emotional trauma of facing large animals in the yard, and 4) Health hazard of Lyme disease. He said that, based on their observations over the past 12 years that they have lived there, they had no deer problem until the Braemar Park Golf Course expansion. Their conclusion is that the deer have been chased out of the park through this construction, have ended up in their back woods and they now have as many as seven deer in their back yard within 50 feet from their deck. The deer are in their driveway when they come home at night and they walk down the street in clusters. that he felt it will not get better - they would like the problem to disappear but they do not think it will. their concerns. Mr. Good concluded He said they would appreciate the City addressing Jean Lowe, 6301 Loch Moor Drive, said she has approached the Council before on the deer problem and has also talked with the DNR and the Hennepin County Park system. She said the deer herd is growing rapidly - three years ago she counted 12 in her back yard. Anything they want to grow in their yard they have to mask with chicken wire. lost three trees and a lot of shrubs. will be a catastrophe. recreational complex in the Braemar area and this needs to be addressed. are the host for the tick and will bring it in. players and soccer players will be subject to exposure to the ticks which are being found in grasses. someone will be seriously injured. must be addressed and the problem must also be worked on with Bloomington, Eden Now they are spreading out and have crossed over the street. They have She said that when Lyme disease hits it Mrs. Lowe pointed out that the City has its largest The deer She said that golfers, baseball She also said that the deer will be hit by vehicles and She concluded by saying that the resident herd 9/18/89 57 . Prairie, Hennepin County Park system and the DNR. She said one of the ways would be for the Council to put pressure on the Hennepin County Park system and the DNR. Larry Cerf, 6312 Loch Moor Drive, said that, basically, he liked deer and that they were an amusement at first. However, he said they now have a six month old daughter and they are concerned about the raccoons and deer. concerned about doing yard work because of exposure to Lyme disease. his brother killed a deer with his car by Braemar Park and he felt it is getting to the point where something should be done. He said he was also Last year I Mayor Pro-Tem Kelly asked Manager Rosland to speak to the question of construction at Braemar and its effect on the deer. existed in Edina for a long time and that they move up and down the corridor to Bredesen Park. pattern, and that the deer move where there is food. Manager Rosland said that a herd has He said he believed that nothing at Braemar has changed that Assistant Manager Hughes said that as the years go by natural habitat becomes less and less and the deer are more apparent as they begin to encroach on other areas. They are a very adaptable animal - similar to geese, ducks and raccoons - and adapt very well to human population and thrive on food sources in back yards. He said this is a multi-city problem and a multi-jurisdiction problem. Edina's deer are part of a herd that extends down through Tierney Woods, Anderson Lakes Park, Hyland Park Reserve and down to the Minnesota River Valley. Much of that river valley is now part of a federal refuge and an attempt is being made to manage that for animals that might be somewhat in conflict with deer such as waterfowl, etc. They are trying to get certain types of vegetation started and have not been successful because the deer eat it as fast as it starts to sprout. interest at this point is controlling the deer herd in the Minnesota River Valley. To that end, Assistant Manager Hughes said a task force has been established and that a resident of Edina, Arden Aanestad, serves on that task force by virtue of other affiliations. Minnesota River Valley it will not extend up into Bloomington and the Hyland Park Reserve and Anderson Lakes area which is the source of much of the deer that find their way up across, 1-494 into Edina. not spot deer in Edina. herd. and that some control measures are needed. Given that fact, it is difficult to come up with control measures that will start to have an impact on the Edina situation. So the big While a deer hunting season will be held this year in the He said that deer counts made in 1988 did Everyone agrees that there is a population problem with deer in this area Since then 1989 counts show an increase of 20% in the Assistant Manager Hughes pointed out that something the City can do is to adopt a resolution and go on record with the Commissioner of the DNR, who is now an Edina resident, and express our concern that we have asked to play a more active role in the task force. hunting season extend up into lands they control and probably the DNR does as well. coming to that same conclusion. cities, e.g. Bloomington, Eden Prairie, Burnsville, etc., would be helpful. He concluded by saying that there is no doubt that the deer are a problem - however, the control measures are difficult to come up with. He said the Hennepin Park Reserve would very much like to see a Some of the cities like Bloomington and others may have difficulty in Perhaps that sort of comment passed on to other The Council Members then discussed various possible ways to address the deer problem. These included considering some type of fence or barrier that could be installed south of the residential areas that have the deer problem, concerned residents initiating a "grass roots" letter writing campaign'to officials of the DNR, Hennepin Park Reserve, etc., looking at an ordinance to prohibit feeding wild life, establishing a task force of Edina residents to take the problem to the DNR and press for some kind of control, and having the concerned residents work with the existing task force. 5% 91 18/89 Manager Rosland saidhe felt that th urban areas are being overrun with deer and that an open hunting or archery season must be held each year in the Hyland Park Reserve and in the Minnesota River Valley to control the deer from those sources. Following further discussion, Manager Rosland commented that the Commissioner of the DNR, Joseph Alexander, is now an Edina resident and that with the Council's backing he would try to get an appointment with Commissioner Alexander to discuss the best way to approach the problem. would be a good idea. Member Smith commented that he still felt Edina should try to become a part of the existing task force. Council Members that they would support Manager Rosland's suggestion that he meet with Commissioner Alexander and then report back to the Council on the outcome. DNR has to come to the reality th t the Mayor Pro-Tem Kelly said she felt that It was informally agreed by the Dreher Letter Concerning Ordinance No. 312 (Animal Control) - Mayor Pro-Tem Kelly referred to the letter from Roger H. Dreher, 1 Spur Road, concerning citations for violation of Ordinance No. 312, section 29j for having a dog which disturbed the peace and quiet of someone. wording of the ordinance to require the complaining party to notify the owner in writing of the disturbance and disclose their name and address. animal control officer should be required to disclose the name and address of the complaining party on a warning of violation. be required in either instance before a citation could be issued. stated he believed such a change would encourage the complaining party and the animal owner to discuss the situation and work out a solution. need to become involved only if an effective solution were not achieved. Mr. Dreher had also suggested that owners of previously licensed animals should be notified by mail of the need to renew, with directions and necessary forms enclosed to complete the process by mail. Mr. Dreher had proposed that the Council amend the Alternatively the A reasonable waiting period should Mr. Dreher The police would Manager Rosland said that it has been the policy of the City not to give out the name of a complainant concerning a violation and that he believed the Data Privacy Act precluded the release of the name. problem usually cannot be resolved between neighbors. Chief Craig Swanson was asked to explain the procedure for complaints concerning barking dogs. officer would respond to the scene, make an observation and issue a citation if there was a violation. owner on first complaint. possible. Data Privacy Act. He also commented that this kind of He explained that upon receiving a complaint the animal control However, only a warning is generally given to the dog He will also report back to the complainant if Chief Swanson said that the complainant's name is protected under the Following additional discussion on the suggestion made by Mr. Dreher regarding mailing out renewal notices, Mayor Pro-Tem Kelly asked Chief Swanson to respond to Mr. Dreher by letter advising him of the procedure followed and the interpretation of the Data Privacy Act as to revealing names of complainants. Council had discussed the suggestion concerning renewal notices and had felt it would be costly and would not be effective. Also that the COUNCIL ENDORSES ETHNIC DINNER TO BE HELD 1/21/90 appearing on behalf of the Human Relations Commission and at the suggestion of Mayor Richards to explain the Ethnic Dinner proposed to be held on January 21, 1990. Mrs. Barman explained that as a step toward their goal of reaching out in order to promote understanding of each other, the Commission would like to sponsor an Ethnic Dinner to celebrate the diversity and cultural heritage within the Edina community. the City Council to endorse and co-sponsor the event. Doris Barman, said she was Mayor Richards had said he would support the project. I The Commission will be asking the Edina School District to join with If approved, Braemar 9/18/89 59 Clubhouse and Edinborough are both being considered as potential sites for the celebration. hosts. Elected officials will be asked to join the Commission in serving as Manager Rosland cautioned that foods served in a public setting could not be brought in but must be prepared in a licensed kitchen. committee work with the Health Department staff concerning the food arrangements. He suggested that the Member Rice made a motion that the Council endorse and approve the Human Relations Commission's Ethnic Dinner proposed to be held on January 21, 1990 and that the Commission work with staff on the food arrangements. Member Paulus who commented that she was endorsing this with the understanding that the dinner would be public. Motion was seconded by Ayes: Paulus, Rice, Smith, Kelly Motion carried. JOINT POWERS AGREEXENT WITH BLOOMINGTON REGARDING MNNESOTA DRIVE APPROVED Engineer Hoffman reviewed the history of the proposed joint powers agreement with Bloomington regarding West 77th Street, now named Minnesota Drive. that the roadway, which is a border street between Edina and Bloomington, was constructed by the City of Bloomington in connection with the Homart project. road construction also included installation of storm sewer for a total cost of $800,000 for which Edina's share normally would have been one-half. from Bloomington, Edina and National Car Rental developed a joint power's agreement in which Edina would pay no portion of the cost of the roadway and National Car Rental would agree to pay 23% of all costs, not to exceed $200,000. The portion to be paid by National would be in the form of a special assessment to be levied by the City of Edina and paid over a period of 10 years. He recalled The In 1987 staff However, National was unwilling to complete the negotiations at that time until a determination was made on costs for construction of West 77 1/2 Street (link road connecting Minnesota Drive with West 77th Street). Construction of the link road was one of the requirements as part of the Indirect Source Permit from the PCA on the Centennial Lakes project. National's position concerning the link road was that, based on the joint powers agreement wherein they agreed to pay for a portion of the costs of the construction of Minnesota Drive, the City of Edina would be responsible for all costs associated with the construction of the link road. National has strongly desired construction of this roadway in order to prevent the use of their parking lot as a public thoroughfare thereby creating a traffic hazard for their employees. road will be to those properties to the west. Also, National feels that the benefit of the link Engineer Hoffman pointed out that if the City did not use state aid funding and were to assess National for construction of the link road it would result in an assessment of $16,160.00 based on $40.00 per lineal foot. rear yard assessment and require only a one-third rate which would result in an assessment of only $5,386.00 for National. Additionally, the construction would render a triangle of land west of the new road (3,900 square feet) useless to National. However, it would be a In summary, plans have been drawn for construction of the link road, most of the necessary right of way has been obtained, and the City could exchange right of way with National at no cost to one another. In order to proceed with construction of the link road, staff would recommend that the Council approve the joint powers agreement with the City of Bloomington and authorize the mayor and manager to sign the agreement when completed. Member Smith asked what the cost will be, if state aid funds are available to pay for the link road, and why it is needed. Engineer Hoffman stated that the proposed roadway is on the City's state aid system to be funded that way. Final 60 9/18/89 plans have not been submitted to the state for approval because of the delay in executing the joint powers agreement. is estimated at $700,000, which would include right of way costs. He said that the primary reason for building the link road is that it is on the City's master traffic plan. Also, this is one of the four items the City was required to build to meet traffic projections as part of the EIS on the Centennial Lakes project. Member Paulus introduced the following resolution and moved adoption: BE IT RESOLVED by the City Council of the City of Edina, Minnesota. that it hereby approves the Joint Powers Agreement (Agreement for Division of Cost of Construction and Maintenance of Street and Storm Sewer) between the City of Bloombgton and the City of Edina with regard to West 77th Street, known as Minnesota Drive; BE IT FWTHEB RESOLVED that the Mayor and Manager are authorized and directed to execute said Joint Powers Agreement on behalf of the City of Edina. Motion for adoption of the resolution was seconded by Member Smith. Member Rice commented that he was in favor of the link road but that he felt properties to the west and south would be benefitted tremendously. Engineer Hoffman said that would be considered as part of the right of way negotiations. Because of the soil conditions (peat), cost . RESOLUTION Rollcall : Ayes: Paulus, Rice, Smith Nays: Kelly Resolution adopted. DECISION ON BEREETBWG LBWSUIT REPORTE3 Planner Craig Larsen reported that Judge Montgomery has granted the City's motion for Summary Judgement and has dismissed the lawsuit brought by the Berenbergs relating to their proposed subdivision. this time it is not known if the decision will be appealed. He said if it is appealed it will most likely happen within 30 days. *CDBG THIRD PARTY FUNDING A-S APPROVED and was seconded by Member Rice for adoption of the following resolution: RESOLUTION BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, that it hereby approves CDGB Third Party Agreements between the City of Edina and the following providers: South Hennepin Services Council for the H.O.M.E. Program, Greater Minneapolis Day Care Association for daycare subsidies, and Independent School District No. 273 for handicapped improvements to the Edina Community Center; BE IT FURTHERRESOLVED that the Mayor and Manager are hereby authorized and directed to execute said agreements on behalf of the City of Edina. At No action was taken. Motion vas made by Member Paulus Motion carried on rollcall vote, four ayes. UPDATE GIVEN ON =VEL DFMAND MANAGEEENT ORDINANCE Planner Craig Larsen recalled that the Council's 1989-1990 Work Program includes development of a Travel Demand Management (TDM) ordinance and calls for a progress report in September. Planner Larsen reported that the 1-494 Joint Powers Organization (JPO) has initiated the process for developing a TDM Ordinance which would apply uniformly to all communities in the 1-494 Corridor. goals of the model ordinance and timetable for development of a model ordinance which is scheduled to be presented to the five city councils in February of 1990. ALISON FmaR SUPPORTED FOR NOMINATION TO CASH BOARD said that she had been contacted by Alison Fuhr concerning her reappointment to the-Community Action for Suburban Hennepin (CASH) as a representative from Edina for the private sector. supported the nomination of someone else. He presented a list of the specific Mayor Pro-Tem Kelly South Hennepin Human Services Council (SHHSC) has already Mayor Pro-Tem Kelly suggested that a 9/18/89 6 1. letter on behalf CASH Board. Motion of Member I letter on behalf the CASH Board. AY~S : Paulus , Motion carried. of the Council be sent in support of her reappointment to the Smith was seconded by Member Rice directing staff to send a of the Council in support of the reappointment of Alison Fuhr to Rice, Smith, Kelly RON CLARK LETTER REGARDING SINGLE FAMILY MORATORIUM DISCUSSED referred to the letter dated August 31, 1989 from Ron Clark, Ron Clark Construction, Inc., concerning the moratorium on single family subdivisions. Mr. Clark has asked the City to terminate the moratorium by adopting regulations deemed appropriate and necessary to control future single family subdivision, or if further study is required, to consider the exemption of the Wooddale Montessori Redevelopment based on the fact that this site proposal may be distinctly different from others which precipitated the need for the moratorium. Planner Larsen advised that the final draft ordinance was before the Community Development and Planning Commission last month but the Commission did not act on it. be the final draft ordinance to the Planning Commission at its meeting on September 17, 1989. would be the second meeting in October and conceivably it could be acted upon at that meeting. when it will be sent to the Council Members as well as the Planning Commission. Planner Larsen said he would not recommend that Wooddale Montessori Redevelopment be exempted from the moratorium and that it should apply uniformly to all single family subdivisions until there is a resolution to the draft ordinance. Mayor Pro-Tem Kelly Some minor changes have been made and staff will submit what they believe to The proposed date that this would be heard by the Council He said that the final draft should be ready by the end of the week It was informally agreed by the Council Members to support the recommendation and that Planner Larsen should respond to the letter advising Mr. Ryan of the discussion held. *PETITION FOR PJQWWXNT STREET SURFACING FOR LINCOLN DRIVE REF-D TO ENGINEERING DEPARTMENT FOR PROCESSING Member Rice to refer the petition dated September 7, 1989 for permanent street surfacing and curb for Lincoln Drive to the Engineering Department for processing. Motion vas made by Member Paulus and was seconded by Motion carried on rollcall vote, four ayes. SOLID FENCES IN FROTCL' YARDS DISCUSSED discussion at the last meeting on the fence height variance, he felt that no solid fences of any height should be allowed in the front yard. He said according to the ordinance a fence up to 4 feet could be built and that he would not like to see any solid fences in front yards. Planning Commission. Member Paulus suggested that the Commission also consider if it would be valuable to require a survey when applying for a permit before a fence could be erected. most fences. Member Rice commented that, following the He suggested that this be discussed by the Planner Larsen pointed out that permits are not required for CONCERN EXPRESSED ABOUT SPEEDING OF GARBAGE TRUCKS observed garbage trucks who were apparently exceeding the speed limit. felt these trucks were operating dangerously and asked that any citations issued to those companies be taken into consideration when licenses are up for renewal. QUESTION RAISED CONCERNING PARKING ON INTERLACHEN BOULEVARD 'Member Rice noted that there have been many cars parked on both sides of Interlachen Boulevard by people who are inspecting the one million dollar Parade of Homes house off Interlachen Boulevard. Member Rice said he had He said he He asked if this parking is allowed. Chief Swanson 62 9/18/89 responded that there are no parking exception of fire hydrants and near restrictions on Interlachen Boulevard with the to comer locations. LETTER TO BE SENT TO HOLIDAY STATIONS CONCERNING TAEKISCAPING a letter had been sent to the Holiday Stations congratulating them on their landscap&ng. some type of award that could be given for commercial landscaping. asked that in the meantime a letter be sent. Member Rice asked if Park Director Kojetin said he had discussed with the Garden Council Member Rice PROCESS FOR PROPOSED AMENDMENTS TO SUBDIVISION AND ZONING ORDINANCES DISCUSSED Member Smith said that he was concerned about getting the draft amendments to the Subdivision and Zoning Ordinances for single family subdivisions prior to the public hearing so that he would have time to study and think about them. He also said he felt they should be explained before the public hearing. Manager Rosland cautioned that this be done at the hearing and said that the Council controls the process and is not required to take action until they are comfortable with the provisions of the proposed amendments. Member Rice said he would appreciate that the draft amendments be marked to show the old and new language therein. Further, because this is so important, he said the Council should take the needed time to debate them and that no date should be promised as to when these may be adopted. Manager Rosland observed that staff only advises the public as to the date of a given public hearing and that any one is welcome to attend. Mayor Pro-Tem Kelly mentioned that the people who have been following the single family subdivision moratorium should be notified of the public hearing on the ordinance amendments. CONCERN EXPRESSED OVER COUNCIL GETTING INTO ADHINIS!l!RATIVE HA!l!TERS Member Smith said he was concerned over the Council's immediate reaction to concerns of residents in areas of policy that staff presently is handling. He referred to the report on the animal control policy on raccoons as an example. He suggested that agenda items be the Mayor's decision or a consensus of the Council Members. Mayor Pro-Tem Kelly said this was worthy of discussion but that she felt that everything that anybody hears about should come before the Council. I.E!l'TER OF CONGRATUIATIONS TO BE SENT TO ERIC HEDBLOH Mayor Pro-Tem Kelly suggested that the Manager send a letter congratulating Eric Hedblom on his recent marriage. 1990 BUDGET HEARING ON 10/2/89 DISCUSSED Manager Rosland reminded the Council that, as required by the Truth in Taxation legislation, the City will be publishing a quarter page notice in the Minneapolis Star Tribune this week advising Edina citizens of a 1990 Budget Hearing on October 2, 1989. will state that a proposed increase in property taxes for 1990 is to be considered and will ask for public comment on the proposal. It was informally agreed that this be done. The notice BROWNING-FERRIS LETTER ON POLITICS OF WASTE DISPOSAL DISTRIBUTED Mayor Pro-Tem Kelly referred to a letter addressed to public officials in Minnesota regarding The Politics of Waste Disposal and asked that copies be given to the other Council Members who did not receive it. Copies were made and distributed. APPOINTMENT TO COMMUNITY DEVELOPMENT & PLANNING COMMISSION TO BE HADE Pro-Tem Kelly referred to the list of Community Development and Planning Commission members and their terms of office which had been included in the Council packet. of individuals be submitted for him to consider to fill the current vacancy. RESOLUTION RELATING TO G.O. TAX INCRlBENT REFUNDING BONDS: SEXIES 1989 CONTINUED TO 10/2/89 Manager Rosland recommended that adoption of the Resolution Relating to General Obligation Tax Increment Refunding Bonds, Series 1989 be continued to the meeting of October 2, 1989 so that additional information could be provided. Mayor She reminded the Council that Mayor Richards has asked that names I 91 18/89 .. 63 Motion of Member Paulus was seconded by Member Smith to continue adoption of the Resolution Relatihg to General Obligation Tax Increment Refunding Bonds; Series 1989, to October 2, 1989. Ayes: Paulus, Rice, Smith, Kelly Motion carried. Mayor Pro-Tem Kelly suggested that this item be moved up on the agenda so that it could be discussed earlier in the meeting. suggestion. The Council Members concurred with the *CLAIMS PAID Motion was made by Member Paulus and was seconded by Member Rice to approve payment of the following claims as per pre-list dated 9/18/89: General Fund $955,506.81, CDBG $5,678.41, Communications $2,214.90, Art Center $5,676.21, Capital Fund $445.00, Swimming Pool Fund $520.57, Golf Course Fund $37,051.18, Recreation Center Fund $9,479.23, Gun Range Fund $369.34, Edinborough Park $10,247.83, Utility Fund $23,433.79, Liquor Dispensary Fund $129,919.60, Construction Fund $704,023.79, $1,884,566.66 and to confirm payment of the following Claims dated 8-31-89: General Fund $162,488.57, Communications $23.38, Art Center $1,054.49, Swimming Pool Fund $12,523.23, Golf Course Fund $27,430.61, Recreation Center Fund $6,278.95, Gun Range Fund $429.33, Edinborough Park $10,260.45, Utility Fund $43,419.60, Liquor Dispensary Fund $306,554.19, Total $570,462.80. Motion was carried on rollcall vote, four ayes. Member Smith referred to the $100/month payment being made to retired police officers. and questioned if value was being received. a contract made in approximately 1972 and recalled that the Council challenged that shortly after he became manager. concluded that the City was obligated to those provisions. provide 10 hours of service for month. provided include recruiting, putting up Neighbors Home Watch signs, consulting for the crime fund, preparing scripts for television shows and researching featured topics, etc. Manager Rosland said there is some frustration in following these officers to provide the services. Chief Swanson made two observations: First, that in the original negotiations this was conceived as a supplemental retirement and was not perceived to be a work program. The officers had attempted to obtain supplemental retirement benefits similar to the firemens' fund through the legislature but were unsuccessful. This was to be an alternative to that. Secondly, in the late 1970's with the police officer standard in training there was a change in the definition of a police officer so that when these people retire they really cannot do police work anymore. continue to work with the program and revisit it often. He said he understood this was part of a contract made some years ago Manager Rosland explained that it was After researching the contract it was Chief Swanson said that the services The officers are to Chief Swanson said they There being no further business on the Council Agenda, motion of Member Smith was seconded by Member Paulus for adjournment. Adjournment at 10:55 p.m. Motion carried unanimously. %A%/U City Clerk