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HomeMy WebLinkAbout19910805_regularIlENDTES OF THE REGUIAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL AUGUST 5, 1991 157 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED by Member Kelly to approve and adopt the Council Consent Agenda items as presented. Motion was made by Member Smith and was seconded Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MNuTES OF REGULAR MEETINGS OF JULY 1 AND JULY 15. 1991 APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve the Council Minutes of the Regular Meetings of July 1, 1991 and July 15, 1991. Motion carried on rollcall vote, five ayes. PUBLIC HEARING CONDUCTED - CURB & GUTTER IMPROWME" NO. B-91 APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Envineer Engineer Hoffman stated the purpose of the public hearing was to consider the petition received from two residents on W. 54th Street for installation of curb and gutter on the south side of W. 54th Street, from Zenith Avenue to Abbott Place. The third resident whose frontage faces Abbott Place did not sign the petition. This resident's assessment would be for only 1/3 the length of his sideyard on W. 54th Street per City policy. the project would be $6,798.71 or $32.40 per assessable foot, to be assessed over ten years. would provide a more manageable street system for plowing, sweeping and maintenance. If approved, the project would be constructed in late 1991 or early 1992. Staff has reviewed the proposed improvement, has determined it feasible, and would recommend approval. The estimated construction cost of The Public Works Department would support this type of project as it Public Comment Doug Hostnick, 5401 Abbott Place, stated that he did not sign the petition for the proposed project. year and could not afford to do both improvements. Because he did not want to deprive his neighbors of the improvements they desire he asked that his assessment charge be cut in half. He explained that he planned to put in a sidewalk this Marianne Falk, 3301 W. 54th Street, one of the two signers of the petition, inquired whether the lot at 5401 Abbott Place could be omitted from the proposed project . In response to Member Kelly, Engineer Hoffman said many projects end up being only one or two blocks long. However, he said the City would never recommend doing only a portion of a block. Member Smith introduced the following resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement : and at the hearing held at the time and place specified in said notice, the RESOLUTION ORDERING CURB AND GUTTEB IMPROVEMENT NO. B-91 =- CONCRETE CURB AND GD!C!CER IHPROVEHEKC NO. B-91 I 8/5/91 8 Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement including all proceedings vhich may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as CONCRETE CURB AND GUTl!ER IKPROVEKEW! NO. B-91, and the area to be specially assessed therefor shall include Lot 1, and Outlot A, Block 2, White Investment Go. Hidden Valley; and Lot 1, Block 1, James M. Wilson's First Addition. Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. .PUBLIC EEARING CONDUCTED - CURB AND GUTTER mOVEMEHT NO. B-92 APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Enprineer Engineer Hoffman stated the purpose of the public hearing was to consider the petition received from six of a possible ten residents on Birchcrest Drive, from W. 60th Street to Porter Lane, for installation of curb and gutter. The project was initiated because of erosion between the grass and asphalt street. The estimated construction cost would be $19,241.90 or approximately $25.15 per assessable foot, to be assessed over ten years. would support this type o'f project as it would provide a more manageable street system for plowing, sweeping and maintenance. If approved, the project would be constructed late in 1991 or early 1992. improvement, has determined it feasible and would recommend approval. Public Comment Bob Elmore, 6001 Birchcrest Drive, said he did not sign the petition, because the project would be of no value to his property. water stands at their driveway and the corner and that a better use of the funds would be to improve the drainage to eliminate the problem. The Public Works Department Staff has reviewed the proposed I He explained that when it rains Norm Bjornnes, owner of the home at 6016 Birchcrest Drive, said his property would have curb and gutter on the front but not on the sideyard. that the entire block be included in the project if the affected residents agreed. He suggested Linda Ruekert, 6017 Birchcrest Drive, said she did not sign the petition and commented that she has no washout problem. the project because it would represent some financial hardship to her. She stated that she was opposed to Jan Bordonaro, 6009 Birchcrest Drive, reiterated that water pools at the corner of 60th and Birchcrest and pointed out that Birchcrest Drive is the only street in the quadrant that does not have curb and gutter. Mayor Richards asked how the proposed project would affect the water pooling problem. replacing the concrete apron at the intersection would resolve the problem. explained that this would be a maintenance job that Public Works would do and that the cost would not be assessed. related to the proposed curb and gutter project. Engineer Hoffman said his staff has looked at the area and felt that He It would be done prior to and would not be In response to Mr. Bjornnes' comment concerning his property, Engineer Hoffman said the proposed project was in response to the request of the petitioners. Adding to the project would not measurably bring the cost down. Member Rice introduced the following resolution and moved its adoption: 81519 1 159 RESOLUTION ORDERING CURB AND GUTTER IMPRO- NO. B-92 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as CONCRETE CURE AND GUTTER NO. B-92, and the area to be specially assessed Lots 1 thru 5, Block 1, and Lots 1 thru 5, Block 2, Birchcrest Addition. Motion for adoption of the resolution was seconded by Member Smith. CONCBETE CURB AND GUTTER IMPROVEMENT NO. B-92 Member Smith offered an amendment to the motion to allow Hr. Bjornnes the option of extending the curb and gutter along the sideyard on his property at 6016 Birchcrest at the standard rate of assessment for sideyards. Motion to amend failed for lack of second. rollcall vote on the main motion. Mayor Richards then called for Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted..' PUBLIC HEARING ON PRELIMINARY PLAT APPROVAL FOR TBE JYLAND WHITNEY ADDITION CONTINUED TO 8/19/91 Mayor Richards recalled that on July 1, 1991, the Council continued the preliminary plat hearing for the Jyland Whitney Addition so that a four lot subdivision proposal could be submitted and to insure a full Council for action on the proposal. Presentation bv Planner Associate Planner Kris Aaker stated that the subject property is located at 7000 Valley View Road (Lot 2, Block 1, Muir Woods). The original proposal consisted of five lots and an outlot, all to be accessed by a public street connecting with Valley View Road. The applicant has submitted two alternative four lot subdivisions. part of the five lot plat and would instead service the home sites with private drives. Both four lot plats would eliminate the public street which is Four Lot Alternate A: 1) Would eliminate Lot 28, 2) Would replace the public street with a private drive, 3) Lot 22 would be landlocked, would have no frontage on a public street and access would be by private easement. alternate would not allow access to the Peper property from Valley View Road. This Four Lot Alternate B: 1) Would provide public street frontage for all four lots, 2) Would require a lot width variance for Lot 22 because the lot would be less than the median lot width of 110 feet at a point 50 feet back from the street. This alternate would not allow access to the Peper property from Valley View Road. Planner Aaker noted that Dr. Martin Peper had submitted a letter opposing four lot subdivision solutions. The developers continue to request approval of the their request is a development agreement addressing access to the Peper property, street grade, retaining walls and tree removal. This document is the same as presented at the July 1, 1991 hearing. approval subject to: 1) A development agreement, 2) Implementation of a conservation easement, 3) Developer's agreement for public improvements, 4) Final --- five lot subdivision with an 8% street grade. Part of staff recommendation for Staff would recommend preliminary plat 160 8/5/91 plat approval, and 5) Subdivision dedication and utility connection charges. Presentation bv DeveloDers James Van Valkenburg, attorney for the developers, commented that the Community Development and Planning Commission have recommended the five lot subdivision and staff still recommends the five lot subdivision and has agreed with the 8% road grade. 1) The plan as proposed will provide better drainage than currently exists, 2) The conservation easement along Valley View Road will preserve the existing trees and vegetation, and 3) The lots are substantial in size. He gave the following reasons in support of the five lot subdivision: Rick Carlson, Jyland Development, Inc., presented graphics illustrating the two alternate four lot subdivisions and gave comparisons to the requested five lot subdivision summarized as follows: A. B. C. D. E. F. G. Proposed Five Lot Plat Meets zoning ordinances: 30 foot public road frontage Yes Minimum 75' width at 50' setback Yes Meets guidelines/Ord 804: Average lot size (Median 18,815) 30,239 Average lot width (Median 110) 188 Average lot depth (Median 152) 181 Variances required: None (1) No public road frdntage (Lot 4) (2) Access to 4 homes/private drive Planning Commission recommendation: Five lot subdivision Yes 8% street grade no Staff recommendation: Five lot subdivision Yes Public Works acceptance/8% grade Yes Public concerns: Valley View conservation easement Yes Number of entrances to Valley View one Future access to Peper property Yes Developer concerns: Meets ordinance/zoning requirements yes Public roads Yes Neighborhood association for street maintenance no Marketable on today's market Yes Four Lot Four Lot Alternate A Alternate B variance (1) Yes variance (1) Yes 48 , 290 48,290 282 236 244 276 variance (1) variance (2) variance (2) Yes one no no no Yes no Yes one no no no Yes no Nancy Peyton, 7000 Valley View Road, stated that when they bought their property ten years ago it was for the land, not the house. summer home, with no basement, attic, insulation and little storage. Two builders said it would cost as much to add on and update the house than to tear it down and start over. She pointed out that taxes went up 73% last year, have gone up 500% in ten years and they do not want to pay those kind of taxes on a lot with inadequate housing. They have two options, sell and move elsewhere, or subdivide and build a new home that would meet their needs. they are committed to' staying in the neighborhood, are concerned about the proposed development and want to keep as many trees as possible. Jyland Development because their plan maintained the trees, did not cut down the for her children. The house was built as a Mrs. Peyton said They chose --hillmuch, improved the drainage and provided a play neighborhood and safe street She asked the Council to approve the five lot subdivision. Public Comment Daniel Spiegel, 7104 Valley View Road, voiced concerns regarding the change in character and symmetry of the neighborhood with the additional five homes and the 8/5/91 161 potential development of the Peper land, and safety issues related to the traffic exiting from the subdivision onto Valley View Road. Sam Wetterlin, 6609 Dakota Trail, said his main concern was the visibility of the proposed development, particularly in terms of retaining walls and removal of trees. Mary Cary, 6909 Dakota Trail, speaking to the proposed Jyland-Whitney subdivision and the Ratelle subdivision, said she is not opposed to development but this area is very unique. unique characteristics of the neighborhood. She asked Council to control the development to best meet the Council Comment Mayor Richards then called for Council comment and/or action. Member Paulus said that Council had asked to see a proposal for a four lot subdivision, but all information provided has basically argued for a five lot subdivision and that a four lot subdivision is not feasible because of economics. Further, the Indian Hills area does not promote a neighborhood feeling or a safe place for children to ride bikes. Member Rice said he was supportive of the five lot subdivision. was preposterous that a subdivision could ever be built that would be totally obscured from view. Also, he felt it Member Rice made a mothn to grant preliminary plat approval for the Jyland Whitney Addition as proposed for five lots with an 8% grade road for the public road and subject to the conditions set out in the staff report. Motion was seconded by Member Kelly. Mayor Richards said he could not support the proposed subdivision for the reasons he had given at the July 1, 1991 hearing. He submitted that there will be continued pressure to subdivide large lots in the City and the Council needs to consider what is best for the community and, more importantly, for the neighborhood. for a four lot subdivision as the Council had suggested. Member Kelly said she concurred and, in looking at the Indian Hills area with at least one acre lots, if the 4.4 acre parcel were developed with four lots it would follow the existing development in the area. He said he did not feel there had been a good faith effort made . Member Smith commented that he could not support the five lot subdivision with the 8% road grade. he said he did not understand why they had not presented a serious four lot subdivision. Although the proponents have the right to develop their lot, Rick Carlson argued that under the ordinance six lots could be developed, but the proposal was for five lots. He reiterated data he had previously presented in support of the five lot subdivision and spoke to the marketability of the five lot subdivision versus the four lot alternates. consideration of the five lot subdivision as proposed. He concluded by asking Attorney Van Valkenburg suggested this matter be continued for two weeks to allow the developers to better explain the four lot alternates. In response, Member Rice withdrew the motion for preliminary plat approval; Member Kelly withdrew the --. second. Member Smith then made a motion to continue the hearing for preliminary plat approval for the Jyland-Rhitney Addition to August 19, 1991. Motion was seconded by Member Kelly. 162 8/5/91 Attorney Erickson advised the Council that action must be taken on a plat within 120 days or it is deemed approved. This period can be extended by action of the developers. the 120 day requirement and to extend the period to August 19, 1991. Attorney Van Valkenburg and the proponent agreed verbally to waive Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PaELMIHdaY PLAT APPROVAL GRANTED FOR R.ATEI;T;E HII;Ls ADDITION Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Associate Planner Kris Aaker stated that the subject property is located at 6621 'Mohawk Trail (Lot 5, Block 1, Indian Hills Addition) and is a through-lot with frontage on Mohawk Trail and Dakota Trail. containing approximately 4.1 acres. new buildable lots. the existing home; two additional lots are proposed to front on Dakota Trail. All lots would conform to ordinance requirements with the exception of Lot 1, which has the existing-home. feet . It is a developed single family lot The proposed subdivision would create three Two lots would front Mohawk Trail with one to be occupied by This lot would require a lot width variance of nine The proposal was heard by the Community Development and Planning Commission on May 29 and June 16, 1991, and recommended preliminary plat approval with the following changes and conditions: 1. 2. 3. 4. Implementation af a conservation easement along Elimination of one of the new lots along Dakota Final Plat Approval. Subdivision dedication and developers agreement including utility connection charges. Presentation for Proponent Herman Ratelle, representing the proponents, stated that the streetscapes. Trail. to extend sanitary sewer I the Ratelles intend to remain residents of the neighborhood and want to maintain the character and symmetry, consistent with good planning, He said staff initially recommended approval of the four lot subdivision. only one new lot fronting Dakota Trail. meet all the requirements of the Zoning Ordinance. concerning entrance and exit on Dakota Trail. driveway at the north end of the plat could service the two lots, with a conservation easement along Dakota Trail to shelter the driveway. percent of the neighborhood property owners that were polled are in favor of the subdivision or will not oppose it. discussion regarding setbacks and, in particular, setbacks on Dakota Trail. He noted that existing Dakota Trail homes have deeper setbacks than are proposed with this development, but most are positioned in direct relationship to Indianhead Lake. The Planning Commission suggested there be The two lots proposed on Dakota Trail Safety issues were raised To address those issues, a common Thirty Mr. Ratelle said there was considerable Mike Gair, McCombs Frank Roos Associates, consultant for the proponents, spoke to the issue of symmetry. neighborhood are lot width of 168 feet, lot depth of 162 feet and lot area of 31,900 square feet. He explained that the medians within the 500 foot The Ratelle Hill Addition proposes the following: Lot 1 Lot 2 Lot 3 Lot 4 Lot width *157 ft 172 ft 177 ft 181 ft Lot area 68,838 37,597 34,180 38,600 --- Lot depth 345 ft 240 ft 174 ft 238 ft All lots exceed the neighborhood medians except Lot 1 which would require a nine foot lot width variance. Concerning traffic safety, Mr. Gair pointed out that they have verified the fact 8/5/91 163 that both driveways on Dakota Trail would meet MNDOT requirements for 200 foot sight distances at a speed of 30 mph. In conclusion, Mr. Gair said the Ratelles intend to be involved in the development of the property and it is to their interest that the property retain its quality and character. plat approva1,for the four lot subdivision as proposed. He asked the Council to consider granting preliminary Public Comment Mayor Richards opened the hearing for public comment and noted that a letter had been received from Hallie and Steven Richards, 6804 Dakota Trail, agreeing with the Planning Commission recommendation that only one lot be developed on Dakota Trail, that they support a conservation easement requirement and a process to preserve the character and safety of the neighborhood. Sam Wetterlin, 6609 Dakota Trail, pointed out that Mohawk Trail and Dakota Trail are totally different areas because of the ridge and should be referenced separately as to neighborhood median lot sizes. one new lot on Dakota Trail. He supported the proposal with Virgil Hed, 6624 Iroquois Trail, observed that the proposed subdivision seemed reasonable and generous to the neighborhood and that he would support it. Esther Felsen, 6801 Dakota Trail, said her main concern is with traffic safety. The area proposed for.*development is on a winding part of Dakota Trail. winter it ices up and 30 mph is too fast under those conditions. She explained that there are many young children in the area and she fears for their safety. While subdivision will occur, she said she would like to see some control over development so that the existing character of the neighborhood is maintained. In Daniel Spiegel, 7104 Valley View Road, asked for clarification of the Planning Commission's recommendations. Mayor Richards said the recommendation was to eliminate one lot on Dakota Trail. Further, that the Planning Commission is only advisory to the Council who has the right to approve or deny any subdivision proposal. Peter Simon, 6612 Iroquois Trail, commented that the Council has the responsibility to protect the rights of all the citizens. has adopted codes, there are MNDOT requirements, and other regulations that government bodies have built up. is to compare what is being proposed against those standards established previously. requirements and should be approved. To do that the City The objective way of dealing with subdivision He submitted that the proposed subdivision meets all the Don Halla, 6601 Mohawk Trail, said he supported approval of the four lot subdivision as proposed. Paul Benn, 6613 Dakota Trail, said he was concerned about future development and asked the Council to consider the long term plan for the entire area and its affect on the neighborhood. Council Comment/Action Member Kelly asked about the driveway inclines for the proposed lots. explained the following statistics: Mr. Gair McQuarrie driveway 12 - 13% grade Tambornino driveway 15% grade Ratelle driveway 9% grade Proposed Lot 2 1.5 or 10.4% grade (depending on preference) Proposed Lot 3 13.4% grade Proposed Lot 4 10.9% grade I- 164 8/5/91 Member Rice introduced the following resolution and moved adoption, subject to 1) Implementation of a consemation easement along the streetscapes, 2) Final plat approval, and 3) Subdivision dedication and developers agreement to extend sanitary sever, including utility connection charges: RESOLUTION APPROVING PBELILlIHhaY PUT FOR RATEXLE HILL ADDITION BE IT BESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "EtATI3IJ.E HII;L ADDITIONw, platted by Dr. Alex Ratelle and Patricia Ratelle, and presented at the regular meeting of the City Council of August 5, 1991, be and is hereby granted preliminary plat approval. Motion was seconded by Member Kelly. Member Kelly commented that this is a difficult site to develop because of the topography. from that of Dakota Trail. of the concern for visibility. The character of the neighborhood on Mohawk Trail is very different Safety also needs to be a major consideration because Member Paulus submitted that eliminating one lot would not change the safety issue. Anyone driving through that area must use caution, especially in the wintertime. The grades of existing private driveways in the area are much more severe than those in the proposed subdivision. Further, that approving four or three lots for the subdivision will not affect future development in the Indian Hills area. Member Smith commented that he would support the Planning Commission's recommendation for a three lot subdivision. a difficult one but he would also support a three lot subdivision. called for vote on the motion. Rollcall : Ayes: Kelly, Paulus, Rice Nays : Smith, Richards Resolution adopted. Mayor Richards said the decision is He then P-Y FINAL PUT APPROVAL GRdpJTFlD FOR SEVER ADDITION Presentation bv Planner Associate Planner Aaker explained that the subject property is located at 6600 Normandale Road. At its meeting of July 15, 1991, the Council continued the subject hearing until the proponents could provide a revised plat. conditions for approval have not changed from those recommended by the Community Development and Planning Commission. The Those recommendations were: 1) 2) 3) Final plat approval. 4) Elimination of one of the proposed new lots. Increase lot width to 100 feet for lot for existing dwelling. Subdivision dedication and utility connection charges. Approval of the modified subdivision would create two new lots. contain 13,158 square feet, with a lot width of 97.5 feet and depth of 135 feet. Lot 2 is the location of the existing two story home and would contain 41,135 square feet, with a lot width of 98.5 feet and depth of 210 feet. The revised plat would not require any variances; however, Lot 2 would have a lot width of approximately 1.5 feet less than the 100 feet the Planning Commission had recommended. At its meeting of July 15, 1991, the Council had indicated that this hearing could be both the first and second reading of the proposed plat if -deemed appropriate. Preliminary and final plat approval is recommended, subject to subdivision dedication and utility connection charges. Member Rice lntroduced the following resolution and moved prel.rm-fnnrp and fa1 plat approval, subject to payment of subdivision dedication of $6,400.00 and utility connection charges: Lot 1 would 8/5/91 165 RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR SEVER ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "SEVER ADDITION", platted by Harry A. Sever and Frances M. Sever, husband and wife, and First Bank National Association, and presented at the regular meeting of the City Council of August 5, 1991, be and is hereby granted preliminary and final plat approval. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *COMPREJENSIVE PIAN - IAND USE REVISIONS - TAX- INCREMENT DISTRICTS CONTINUED TO 8/19/91 continue the public hearing on the Comprehensive Plan - Land Use Revisions - Tax Increment Districts to August 19, 1991. Motion was made by Member Smith and was seconded by Member Kelly to Motion carried on rollcall vote - five ayes. CONCERN EXPRESSED REGARDING DEVEMPHENT OF PROPERTY AT 64TH STREET AND WOODDALE the location of 64th Street and Wooddale Avenue for years, stating that there were seven plus acres for sale. He said the sign has now been changed, stating a builder's name with homes for sale. taken and the public has shown an interest in the property. updated on what is happening with the property. understood that the property had recently been sold and has heard rumors that a developer may be coming forward with a proposed development. Merton Willette, 6333 Millers Lane, referred to signage that had been in Further, he said soil samples have been He asked to be Associate Planner Aaker said she *EEARING DATE OF 8/19/91 SET FOR PL"G Smith and was seconded by Member Kelly setting August 19, 1991, as hearing date for the following planning matters: 1. Preliminary Rezoning - R-2, Double Dwelling Unit District to R-1, Single Dwelling Unit District - Lots 4 and 5, Block 1, Landmark Addition. 2. Final Development Plan - Building Expansion - Condura Tire - Tires Plus, 5400 France Avenue South. Motion was made by Member Motion carried on rollcall vote - five ayes. *BID AWARDED FOR CONCRETE SIDEWALK IMPROVEMENT NOS. S-40. S-50. S-52. S-53. S-55 Motion was made by Member Smith and was seconded by Member Kelly for award of bid for Sidewalk Improvement Nos. S-40 (Vernon Avenue, Ayreshire Boulevard to 330 feet east); S-50 (Valley Lane along south side from approximately 100' east of centerline of Doron Lane easterly to So0 Line Railroad Tracks; Ridgeview Drive along south and west side from So0 Line.Bailroad to West 66th Street; S-52 (W. 66th Street, adjacent to Southdale Medical Building); S-53 (Cornelia Drive (west side) from Cornelia School to U. 72nd St; U. 72nd St (north side) from Cornelia Drive to Oaklawn Avenue); s-55 (7417'Gleason Rd.) to recommended low bidder, Victor Carlson & Sons, at $67,820.50. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ONE TRUCK PMW AND WING Motion was made by Member Smith and was seconded by Member Kelly for award of bid for one truck plow and wing to recommended low bidder, J-Kraft, Inc., at $7,188.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR BRAEMAR TEE OASIS seconded by Member Kelly for award of bid for Braemar tee oasis to recommended low bidder, Landscape Contractor's, at $8,779.00. Motion carried on rollcall vote - five ayes. Motion was made by Member Smith and was -- *BID AWARDED FOR PLAYGROUND EOUIP"T FOR 44TH STREET PARK Motion was made by Member Smith and was seconded by Member Kelly for award of bid for playground 8/5/91 166 equipment for 44th Street Park, to recommended low bidder, Earl F. Anderson & Associates, Inc., at $12,553.00 Motion carried on rollcall vote - five ayes. I SO= HENNEPIH REGIONAL PIAN”G OFFICE ORGBPJIZATIOHLLL PLAN ADOPTED Jeanne South Hennepin Regional Planning Office for Human Services. Region encompasses Richfield, Bloomington, Edina, and Eden Prairie. She reported on the objectives and functions of the Regional Planning Office and explained the components of the Plan: organizational structure, planning staff, role of the city managers, role of the city councils, human service liaison committee, local human semice advisory group, regional citizen advisory board, and provider resource pool. the 1992 budget projections. Following discussion, Member Smith stated that the Plan comes with a recommendation for approval by Manager Rosland and the Human Relations Commission, who have reviewed the proposed Plan. . Massey, Senior Planner, presented the Organizational Plan dated May, 1991 for The South Hennepin Ms. Massey also reviewed the annual planning process and spoke to Member Smith made a motion to approve and authorize implementation of the South Hennepin Regional Planning Office Organizational Plan dated MAY, 1991, as presented and on file in the office of the Citp. Clerk. Member Kelly. Motion was seconded by Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. HEZWEPIpJ COUNTY RECYCLR?(2 FURDING TASK FORCE SUMMARY GIVEN Recycling Coordinator, reported that the Hennepin County Recycling Funding Task Force was charged with the responsibility of meeting during July and coming to the County Board with a recommendation for a five year funding plan. This was impossible in the time span provided. 1. 2. 3. Janet Chandler, I The Task Force did vote to: Eliminate from further consideration Option 3, a recycling system operated entirely by the County. Adopt Option lA as the policy for 1992, eliminating the administration cap. In effect, this continues the present policy. Continue the present Task Force meetings for three months; bring a recommendation for a five year plan to the County Board in November. These recommendations will be before the Hennepin County Board, Public Service Committee on August 15 and, if approved, to the full Board on August 20. Member Kelly asked Council to consider an every other week pick-up for recycling in Edina and questioned whether it is cost effective to have recyclables picked up at the garage. handles recycling as they use the same haulers used by Edina. In addition, she asked for information on how Eden Prairie APPOINTMENT MADE TO COMMUNITY SERVICES BOARD Member Smith made a motion for consent of the Mayor’s appointment of Jan Homberger to the Community Services Board, as a member at large City appointee for a partial term through 6/30/92. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CABLE RELIEF EXTENSION REOUEST PRESEBI!ED: RESOUPTION ADOPTED FOR MODIFICATIONS TO RELIEF A- the cable television franchises by a relief agreement, terms of which will expire on March 1, 1992. On September 1, 19912, Paragon Cable requested extension of the modifications through the end of the franchise term, December 31, 1999. From January to June, 1991, the SWSCC conducted in-depth research of the issues involved. Upon completion of its study, the Commission decided to recommend that Manager Rosland explained that in 1985 the Southwest Suburban --Cable Commission (SWSSC) and its member cities approved certain modifications to 8/5/91 167 the member cities approve the request of Paragon Cable. The Commission intends to hold a public hearing in which mayors and councilmembers of each member city and other interested groups will participate to review the recommended modifications to the Franchise Ordinances, summarized as follows: 1) Franchise Fee - The full 5% franchise fee would be paid to the Cities 2) beginning August 1, 1992. Local Programming Funding - The current formula for local programming funding (1% match between the cities and the cable company) would remain in effect until July 31, 1992. Some additional modifications would take place. 3) Local Programming Services - Paragon Cable would continue to meet the service levels described in the Performance and Facilities contracts now in force. 4) Continued Cooperation - It is intended that coordination and cooperation with Paragon Cable would continue. Member Rice commented that he has been very irritated by the type of basic service provided by the cable company and asked what control the cities have. Manager Rosland said the cities do have some authority over the cable company in certain areas. much is a cooperative event rather than a regulated event. on the ramifications of extending the relief agreement, on the cable industry in general, deregulation and cable's future. They have no control over the setting of rates or programming; Discussion followed Member Smith, SWSCC member, stated he strongly supports the recommendation of the Commission who he felt' has done a good job in researching and negotiation of the issues. Member Smith introduced the following resolution and moved adoption: RESOLUTION FOR PARAGON CABLE'S REQUEST FOR EXTENSION OF CABLE FRANCHISE RELIEF AGREEBENT THROUGJ3 DECEMBER 31, 1999 WHEREAS, Paragon Cable requested that the City Council extend deferral of certain original franchise commitments through the end of the franchise term, which is December 31, 1991; and WHEREAS, the Southwest Cable Communications Commission has conducted in-depth research regarding Paragon Cable's request to extend relief from obligations of the franchise agreement; and WHEREAS, the Edina City Council understands that the Commission intends to develop a joint public hearing in vhich the Mayors and Council Members of the Commission's member cities and other interested groups, including the schools, will be invited to participate together with the Commission in review of the final recommended modifications to the Franchise Ordinances; NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council agrees that modifications be made to the requirements currently contained in the Relief Agreement with Paragon Cable as negotiated and proposed by the Southwest Suburban Cable Commission. Member Kelly seconded the motion, Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. REPORT GIVEN ON POTENTIAL ACQUISITION OF NORMANDALE GOLF COURSE explained that he would like approval of the following procedure that would lead towards the potential purchase of Normandale Golf Course: Manager Rosland 1) 2) He would meet with the Park Board on August 13, 1991, to present a report on the possible purchase of Normandale Golf Course. He recommended meeting with neighborhood citizens along with the three member committee consisting of Jack Rice, Bill Lord, and Dave Byron. The purpose of the meeting would be to present the proposed project to the neighborhood. Opus Corporation would present their request for lot division of the property at the September 4, 1991, Planning Commission Meeting, which he would attend. 3) 8/5/91 .. 168 4) All recommendations would be brought to the Council for final approval. If approved, closing on the property could be the first of October. I Discussion followed on how to proceed, the committee composition who would present to the neighborhood, related demographics, and potential off-season use of the property if acquired. It was the consensus of the Council to proceed as outlined and that the Mayor would assume responsibility for the committee. *RESOLUTION ADOPTED REGARDING C0HM"ITY EIQERGY SERVICES Motion vas made by Member Smith and was seconded by Member Kelly for adoption of the folloving resolution: RESOLTITION ENDORSING NORTHERN SWTES PO-, HIXNEGASCO, AND DESIGNA= COMMUNITY BASED ORGANIZATIONS' EETORTS TO PROVIDE COHMJNITY ENERGY SERVICES TO THE RESIDENTS OF EDINA. WHEREAS, rising energy costs are a major expense for lor and moderate income families vho either own or rent their homes; and VHEBEbS, residential energy consemation helps preserve the environment and the quality of life in our community; and WHEREAS, the City Council wants to help its residents contain or reduce their energy costs through energy conservation improvements to their homes; and VHEBEbS, Hinnegasco, a division of Arkla, Inc., and Northern States Power Company ("NSP") have been directed by Minnesota lavto implement residential energy conservation projects; and WEEBEAS, both klinnegasco and NSP are interested in working with the City and designated community basgd organizations in promoting residential energy conservation; and VHEBEbS, the Center for Energy and the Urban Environment ("CEUE"), Vest Henneph Human Services Planning Board ("UEKSPBw), the Self Reliance Center and Natural Resources Center have over 25 years of experience in providing residential conservation energy services. NOU, THEBEPOBE, BE IT RESOLVED, by the City Council of the City of Edina as f ollows : 1. I The City of Edina endorses the concept of the Community Energy Service ("CES") and Home Energy Checkup ("HEC") programs sponsored by NSP, Hinnegasco, CEUE, VHHSPB, the Self Reliance Center, and Natural Resources Center. The City will assist in promoting CES and HEC through advertising, mailings, or other direct communications as deemed appropriate by the City and as City resources and budget allow. In any advertising, mailing, or other direct comrmmications about CES and/or HEC, the City will disclose that the project is sponsored by Hinnegasco and/or NSP and that Minnegasco and/or NSP ratepayers are funding the project. If the City receives inquiries concerning CES and/or HEC, the City will refer the caller to CEUE as specified in the marketing materials.- 2. 3. w $* ATTEST : Clerk Resolution adopted on rollcall vote - five ayes. Mayor I --WR"TAL S!CREET LIGHTING IMPROVEMINI! NO. L-35 AUTHOBIZED Motion vas made by Member Smith and was seconded by Member Kelly for adoption of the folloving resolution: RESOLUTION FOB STRET TZGETING IHeROVEMEW NO. L-35 UPON 100% PETITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 5/5/91 169 1. It is hereby found and determined that a petition has been filed requesting the Council to construct an ornamental street lighting improvement between 5017 and 5021Antrim Road, and to assess the entire cost against the property of petitioners, and that said petition has been signed by all owners of real property where said improvement is to be located. 2. The making of said improvement in accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). Said improvement is hereby designated and shall be referred to in all subsequent proceedings as 0R"TAL STREET LIGHTING IHPROVEMEN!C NO. L-35. The entire cost of said improvement is hereby ordered to be assessed against the properties of petitioners where said improvement is to be located. Motion carried on rollcall vote, five ayes. REOUEST APPROVED TO TEMPORARILY CLOSE 50TH STREET BETWEEN HALIFAX AND FRANCE ON 9/21/91 Karen Knudsen, Executive Director of the 50th & France Business & . Professional Association, requested approval to temporarily close West 50th Street between Halifax/France Avenues from 9:00 A.M. to 11:OO A.M. on Saturday, September 21, 1991. This would enable the Association to safely schedule grand re-opening events in conjunction with their "Come Home to 50th & France" celebration of the area's renovation. Mayor Richards asked for recommendation from the Police Department. Kleven said this temporary closing of 50th Street would compare with the Edina Art Fair weekend closihg and would enhance public safety in the area. Deputy Chief Member Smith made a motion to approve the temporary closing of 50th Street between Halifax and France Avenue South from 9:00 A.M. to 11:OO A.M. on Saturday, September 21, 1991. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PARK BOARD WILT.. HAVE OCTOBER VACANCY there will be a Park Board vacancy in October. potential appointment but asked the Council Members to submit other names of prospective board members by the first meeting in September. Mayor Richards informed the Council that He said he has one name for *PETITION FOR STREET LIGHT (BETWEEN 5917 AND 5921 ABBOTT AV. So.) REFERRED TO ENGINEERING DEPARTMENT Motion was made by Member Smith and vas seconded by Member Kelly to refer the petition for a street light in the alley between 5917 and 5921 Abbott Avenue South to the Engineering Department for processing. Motion carried on rollcall vote, five ayes. 0aDI"CE CODIFICATION SESSIONS DISCUSSED previously set for discussion of ordinance codification presented conflicts. Council Members were asked to check personal calendars for October and November, so that the re-scheduled dates could be confirmed at the August 19, 1991, meeting. Manager Rosland advised that the dates DATE/TIME SET FOR 1992 BUDGET ASSUMPTIONS MEETING Manager Rosland requested that the Council meet at 5:OO P.M. on August 19, 1991, to review budget assumptions for 1992. He advised that the Council must adopt and certify a proposed 1992 Budget representing the maximum levy to Hennepin County by September 1, 1991. *Cm PAID approve payment of the following claims as shown in detail on the Check Register dated August 5, 1991, and consisting of 40 pages: General Fund $461,019.14, Communications $1,135.73, Art Center $10,612.81, Capital Fund $19,102.96, Swimming Pool Fund $6,017.99, Golf Course Fund $43,964.17, Recreation Center Fund $10,928.32, Gun Range Fund $349.48, Edinborough Park $48,422.53, Utility Fund --. Motion vas made by Member Smith and vas seconded by Member Kelly to 8/5/91 .. 170 $69,159.24, Storm Sewer Utili- $4,773.34, Liquor Dispensary Fund $10,425.71, Construction Fund $4,964.25, Total $690,875.67; and for confirmation of payment of the follaving claims as shown in detail on the Check Register dated 6/30/91 and consisting of 15 pages: General Fund $158,184.79, Communications $2,469.96, Art Center $349.01, Swimming Pool Fund $648.52, Golf Course Fund $16,573.99, Recreation Center Fund $158.58, Gun Range Ftmd $248.74, Edinborough Park $7,054.78, Utility Fund $1,378.40, Liquor Dispensary Fund $289,974.01, Total $477,040.78. . Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:55 P.M. City Clerk