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HomeMy WebLinkAbout19911202_regular277 MNOTES OF THE REGULAR HEETING OF TEE EDIIUA CITY COUNCIL HELD AT CITY HBI;L DECJIMBER 2, 1991 R0I;LCBI;L 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 with the exception of removal of Item V.C. - Removal of Diseased Trees. Motion vas made by Member Smith and vas seconded Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF NOVEHBW 4. 1991 AND SPECIAL MEETINGS OF NOVEMBEB 21 AND 23. 1991 APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve the Council Minutes of the Regular Meeting of November 4, 1991 and of the Special Meetings of November 21 and 23, 1991. Motion carried on rollcall vote - five ayes. $1500 CHECK PRESENTED TO CITY BY EDINA MASONIC LODGE Edina Masonic Lodge, together with Steve Camp and Robert Soelberg, presented a check in the amount of $1,500.00 to the Edina Fire Department for rescue equipment. Kenneth Witt, Master of the Mayor Richards presented the folloving Resolution of Appreciation which vas unanimously adopted: WHEREBS, for the past 14 years the Edina Masonic Lodge has donated money to the Edina Fire Department: and m, this money has been earned by members of the Lodge from their efforts in putting on an annual Pancake Breakfast; and m, a check in the amount of $1,500.00 has been generously given to the Edina Fire Department for purchase of rescue equipment; NOW, THEBEFORE, BE IT RESOLVED by the Edina City Council that sincere appreciation be expressed to all members of the Edina Masonic Lodge for its interest in the well-being of all Edina residents through this generous contribution: and BE IT FURTHER RESOLVED, that this Resolution be entered into the Minutes and that an appropriate copy be presented to the as a token of gratitude of the Edina City Council and all the citizens of Edina. ADOPTED this 2nd day of December, 1991. RESOLUTION OF APPRECIATION EDINA MASONIC LODGE BOY SCOUT TROOP 62 WELCOMED Troop No. 62 from St. Stephen's Church. Steve Andrews, spokesperson for the troop, explained that the sixth through eleventh graders are working on their merit badges for Citizenship in the Community and Communications. Mayor Richards welcomed members of Boy Scout PUBLIC HEARING DATE OF 12/16/91 SET FOR TREE TRIMMING PROJECT TT-92/93 Affidavits of Notice were presented, approved and ordered placed on file. Park and Recreation Director Kojetin stated that the Tree Trimming Project No. TT- 92/93 is proposed for an area bounded by Highway 100 on the East, Vernon Avenue on the South, Highway 169 on the West and the Northern City boundary line on the North. The project would consist of the trimming of boulevard trees for a total estimated cost of $77,900.00 proposed to be assessed against benefitted properties. Trees would be trimmed to maintain a height of 13 feet above street and ground surfaces. ' I The work would include crown thinning, removal of dead 278 12/2/31 wood, split or cracked limbs. project. Pine and spruce trees would not be included in the Notice was mailed to 731 property owners. Director Kojetin informed Council that 2,323 trees were inventoried of which 751 . were designed as don't trim (pine, spruce, fruit or already trimmed) and 27 will be trimmed by residents. depending upon size. at 4 1/2 feetup from the ground (DBH) times the rate of $2.75 per diameter inch under 12 inches and $3.25 per diameter inch over 12 inches. assessed in the fall of 1993 with payment due with property taxes in 1994. The estimated cost per tree trimmed would be $90.00 Exact cost would be figured by diameter inch of the trunk The cost would be Work on the trees would begin now through April 1, 1992, and would be completed in the fall/winter 1992-1993. hearing notice had been tabulated and presented to the Council. It was noted that resident response to the mailed Public comment Don Gilbertson, 5277 Lochloy Drive, asked how the actual procedure works. Director Kojetin explained that the forester would leave a card advising the resident of the actual trimming date sometime within the next two years. No further public comment was heard. Member Smith introduced the folloving resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON TREE TRIMMING PROJECT NO. TT-92/93 1. preliminary report as to the feasibility of the proposed Tree Trimming Project described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, December 16, 1991, at 7:OO P.H. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of vhich publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The Park and Recreation Director, having submitted to the Council a The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, IW 55424 NOTICE OF PUBLIC HEARING TREE TRIMMING PROJECT NO. TT-92/93 AN AREA BOUNDED BY HIGEWAY 100 ON THE EAST, VERNON AVENUE ON THE SOUTH, HIGHWAY 169 ON THE REST AND THE NORTHERN CITY BOUNDARY LINE ON THE NORTH. The Edina City Council will meet at the Edina City Hall on Monday, December 16, 1991 at 7:OO P.M. to consider the proposed tree trimming project under the authority granted by Minnesota Statutes, Chapter 429. PROPOSED ASSES- ARE&: Properties with trimmed trees in an area bounded by Highway 100 on the east, Vernon Avenue on the south, Highway 169 on the west and the northern City boundary line on the north. ESTIMA!L'ED COST FOR PROJECT AREA: $77,900.00 The project vould be funded by special assessment. Motion was seconded by Member Rice. Marcella M. Daehn, City Clerk Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards 12/2/91 279 Resolution adopted. PUBLIC EEARING OH BOARD OF APPEAIS FOR LOT COVERAGE VARIANCE AT 6510 GLEASOH COURT CONTINUED TO 12/16/91: FINDINGS OF FACT ORDERED Presentation by Planner Assistant Planner Aaker advised that the subject property, located at 6510 Gleason Court, is a double dwelling unit platted in December, 1981. The applicants have requested an exception to the 25% maximum lot coverage requirement to allow the addition of a screen porch in the rear yard to replace the existing 14' by 16' patio area. variance or 147 square feet over the allowed maximum 25 percent lot coverage. The original building plans indicated larger entryways. verified that the entryways were constructed smaller, however, lot coverage still remains over the 25 percent allowed even with the reduction in lot coverage from 1.4 percent to .9 percent. The request is for a .9 percent lot coverage The proponents have The Gleason Court development consists of 14 platted, double-dwelling unit lots. During the development stage all of the home designs for the plat were established nearly at or exactly at the 25 percent maximum allowable lot coverage limit. plus 25 percent, leaving little room for expansion for the majority of homes in the subdivision. Overall average lot coverage in the subdivision is at 24.75 percent. Staff would recommend that Council uphold the Board's decision based on lack of demonstrated hardship and the possible potential for setting a precedent that could encourage similar requests within the subdivision and other R-2 Districts. Lot coverage as illustrated on the original surveys varied between 22 to ProDonent Comment John Senior, proponent, informed Council that they are not asking for additional land usage only different land usage. The homeowners' association and immediate neighbors have no objections to the porch addition. He noted that if it were a single family home instead of a double home a 30% lot coverage would be allowed. He concluded by asking that the Council grant the variance as requested for the reasons stated in his letter dated November 8, 1991. Council Comment/Action Member Smith made a motion to continue the hearing on the appeal to December 16, 1991, and to direct staff to prepare Findings in support of granting the variance. Motion was seconded by Member Kelly. Member Kelly said that the Board of Appeals was concerned about setting a precedence. After looking at the subject property and the other properties in the subdivision she did not feel it would have a negative effect even if other properties requested a similar variance. Mayor Richards said he said he would not support the motion even though the variance request was small because no hardship was demonstrated. Rollcall : Ayes: Kelly, Rice, Smith Nays: Paulus, Richards Motion carried. WEARING DATE OF 12/16/91 SET FOR PLANNING MATTERS Motion was made by Member Smith and was seconded by Member Kelly setting December 16, 1991, as hearing date for the following Planning matters: 1) Final Development Plan - Burnet Realty, 5036 France Avenue South 2) Preliminary Plat Approval - Peter Andrea 1st Addition - 6996 Valley View Road Motion carried on rollcall vote - five ayes. 280 12/2/91 *AWARD OF BID FOR TREE TRlMMpJG CONTINUED TO 12/16/91 Motion was made by Member Smith and was seconded by Member Kellyto continue award of bid for tree trimming to the December 16, 1991, Council meeting. / Motion carried on rollcall vote - five ayes. *BID AWARDED FOR HEARING PROTECTION/COMHUNICATION SYSTEX Motiol) was made by Member Smith and was seconded by Member Kelly for award of bid for hearing protection/commnnication system to Dispatch Communications of M $10,280.00. esota, Inc.. at r Motion carried on rollcall vote - five ayes. AWARD OF BID FOR DISEASED TREE REMOVAL CONTINUED TO 12/16/91 ember Paulus said she had asked for this item to be removed from the Consent Ageqda so more r information could be given on the recommended low bidder, Preci'sion Landscape and Tree. She recalled that after the trees were trimmed in the Cobntry Club District there were numerous complaints about the trimming which was done by Precision Landscape and Tree. monitored more closely. In response to Member Rice, Director Kojetin said the forester decides which trees are to be trimmed. he checks the trees and determines whether the job is acceptable or not. Director Kojetin said there were approximately 25 complaints received from the previous tree trimming project. If awarded this bid, she asked that the company be After the trimming is completed Member Paulus made a motion to continue the award of bid to December 16, 1991, for tree removal, stump removal and trimming at various locations and to ask the low bidder to attend to discuss the concerns raised by the Council. seconded by Member Kelly. Motion was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. STOP SIGN IAYOlJT TO COWTROL TRAFFIC ON WST 54TH STREET FROM FRANCE AVENUE TO ZENITH AVENUE APPROVED: RESOLUTION TO BE SUBHI- TO CITY OF 2OXWlUPOLIS Engineer Hoffman recalled that the issue of the STOP signs to control traffic on West 54th Street from France Avenue to Zenith Avenue had been continued at the last meeting to allow notification of all Edina residents on West 54th Street of the compromise worked out between the City of Edina and the City of Minneapolis. Ken Borden, 3701W. 54th Street, spoke in favor of the proposed changes in the STOP sign locations on West 54th Street. Member Kelly introduced the following Resolution and moved its adoption: RESOLUTION APPROVING TRAFFIC CONTROL ON WEST 54TH STREET FROM FRANCE TO ZENITH AVENUE WIm MNNEBPOUS WHEREAS, City of Minneapolis and City of Edina have received citizen requests for traffic control on U. 54th Street from France Avenue to Zenith Avenue; AND WHEREAS. the staff from Minneapolis and Edina have developed a traffic control plan supported by the citizens requesting traffic control; AND WEiE€WS, the Edina Traffic Safety Committee has reviewed and recommended the traffic plan; . NOW, TBeReFORE, BE IT RESOLVED, that Edina City Council approves the traffic control layout and requests that the City of Mbneapolis concur with the plan. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. RESOLUTION ADOPTED APPROVING 1992 PUBLIC HEBLTB NURSING CONTRACT informed the Council that the cost for the 1992 agreement with Bloomington for Manager Rosland 12/2/91 281 the delivery of public health nursing services is within the proposed 1992 Budget. proposal on November 21, 1991, and recommended approval of the agreement. Discussions have occurred with Fairview Southdale Hospital for the delivery of public health nursing services and the discussions will continue with the new administration. The Edina Community Health Services Advisory Committee reviewed this Member Rice commented he has had good reports from individuals who have used the public health nursing services. said the budget increase is two percent over 1991. would have to be reduced if the $127,904.00 budgeted amount were cut. In response to Member Paulus, Sanitarian Velde He advised that services Member Smith introduced the following resolution and moved its adoption: BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby approves the 1992 Community Health Services Agreement as presented. BE IT FURTEER RESOLVED that the Mayor and Manager be directed and authorized to execute, on behalf of the City, the Community Health Services Agreement for 1992 with the City of Bloomington for provision of public health nursing services at a projected cost of $127,904.00. Motion was seconded by Member Paulus. RESOLUTION Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *RESOLUTION ADOPTED AUTHORIZING AGREEWENT WITH HENNEPIN COU"l!Y FOR COMMUNITP HEALTH SERVICES FOR 1992/1993 by Member Kelly for adoption of the following resolution: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby authorizes and directs the Mayor and Clerk to execute Agreement No. A02402 between the County of Hennepin and the City of Edina, for the period of January 1, 1992 through December 31, 1993, for the purpose of providing Community Health Services in the City of Edina. Motion was made by Member Smith and was seconded Motion carried on rollcall vote - five ayes. *JOINT POWERS AGREEMENT APPROVED - SOUTH HENNEPIN REGIONAL PLANNING AGENCY Motion was made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: RESOLUTION BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby approves the South Hennepin Regional Planning Agency Joint and Cooperative Agreement between the cities of Bloomington, Eden Prairie and Edina as presented; BE IT FURTHER EESOLVED that the Mayor and Manager are hereby authorized and directed to execute the Agreement on behalf of the City of Edina. Resolution adopted on rollcall vote - five ayes. *REVISED RESOLUTION ADOPTED GRANTING FINAL PLAT APPROVAL FOR WALKER WETHODIST - PLAT Walker Methodist property have been changed since adoption of the final plat resolution on April 16, 1990. Council was advised that the plat name and names of persons platting the Motion was made by Member Smith and seconded by Member Kelly for adoption of the following revised resolution: REVISED RESOLUTION GRANTING FINAL PLAT APPROVAL FOR WALKER AND AVERY ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "WALKER AND AWRY ADDITION", platted by Walker Assisted Living Corporation I, a Minnesota non-profit corporation and First Trust National 82 12/2/91 Association, a nationalbsrnkiTIg association and presented of the City Council of December 2, 1991. be and is hereby approval. Motion carried on rollcall vote - five ayes. at the regular meeting granted final plat PARK BOARD TO SET POTiTCIES FOR ATHLETIC ASSOCIATION CHARITABLE GAMBLING Robert Christianson, Park Board Chairman, explained that the Edina Girls Athletic Association (EGAA) intent was to raise funds by engaging in charitable gambling activity (pull-tabs) at two locations, Rupperts and Gippers, both out of the City. Park Board asked the Park and Recreation staff and the EGAA Board to meet November 26, 1991. At that meeting, the Park Board voted to not support charitable gambling as a fund raiser for any youth athletic association. Board further moved to strongly recommend that all expense incurred by the EGAA for this activity be reimbursed, either by allowing the pull-tabs to be sold until the amount is recovered, or be reimbursed by the City. Because the Park Board was uncomfortable with this type of activity the The Nancy Dahlien, President of EGAA, explained that the decision to try charitable gambling as a fund raiser was not arrived at easily. Board was under the impression that they could make the decision without discussing the activity with anyone in the City. revenue producing program (Annual Girls Traveling Basketball Tournament) and because of custodial charges levied from the school district, they felt a new method of fund-raising had to be tried. concern is the $3,500.00 already spent on setting up the charitable gambling operation. Ms. Dahlien said there are no guidelines for any of the athletic associations regarding a policy on fund-raising. neither the Park and Recreation staff nor the Park Board speaks for the Council; the Council has the final voice as to policy. Further, that the EGAA Because they lost their largest She said the EGAA Board's greatest Mayor Richards pointed out that Tammy Halverson, EGAA Board member and manager of the charitable gambling operation, explained this fund-raising idea began in the spring of 1991 by a parent asking if the Board had checked into legalized charitable gambling. a lengthy process of evaluation, examination, and inquiry with the Park and Recreation staff and receiving a go-ahead, the idea was presented to the EGAA Board. Since the Board felt this would be a solution to their fund-raising dilemma, they decided to proceed although the decision was not an easy one. asked Council for direction at this point and reiterated their concern about recouping their costs. . After She I Dianne Safley, 6715 Parkwood Lane, member of EGAA tennis board, said she had voted against raising funds from pull-tab gambling in bars because it would be sending the wrong message to youth. Further, such policy should be established by elected officials. 0 Attorney Tom Erickson opined that the athletic associations, including the EGAA, are separate not-for-profit corporations organized under the state and the Council has no legal control over them. their existence and activity by allowing them use of City facilities. would be advisory only and not binding on them. with, as a possible remedy the City could deny use of its facilities. Reimbursing the EGAA for expenses incurred in setting up the charitable gambling operation would not be a proper expenditure of public monies. The City gives them recognition due to Any policy If policy were not complied Mayor Richards commented that no one would suggest that the EGGA Board had not acted in good faith in taking a course of action they felt appropriate. observed that prior to this information coming to the Council, the Council during a codification work session had discussed the possibility of holding a public hearing to consider not allowing gambling of any kind in Edina. He 12/2/91 283 Ann Harrod, 5712 Parkwood Lane, inquired if the athletic associations have charters, rules, or governances they must comply with, or are they merely informal. If they do, the issue of fund raising would need to follow what those rules say, and they would not necessarily be under the jurisdiction of the City. She asked for clarification of the issue - is it fund-raising or the type of fund-raising. Joe Brady, Edinsl Gfrls Fast Pitch Association, reminded Council that a fund- raiser event does not require a license where charitable gambling does. lawful gambling wocld include church bazaars and school carnivals fund-raisers and would involve Che City handling the licensing procedure, which they are already doing in some cases. His concern was if Edina is already doing this type of licensing, how can there be objection to selling pull-tabs in another municipality that h2s issued the license. He said Attorney Erickson explained that certain charitable gambling licensing is done by the state. There are very limited areas where the City can also license gambling where the state does not. Council would make that decision. Furthermore, all gambling could be prohibited if Member Paulus said this is not the first time the Council and staff have disagreed on policy. She suggested that expenditure of any more funds by the EGAA could be in jeopardy if all charitable gambling became illegal in Edina. She voiced concern about the moral/ethical standards of charitable gambling and the direct or indirect involvement of youth. and ethical standards as one of their goals and has encouraged the community to do the same. She alluded to two other issues: 1) What guidelines are there for fund-raising in general, and 2) Under what auspice does the EGAA function. She suggested these be discussed at a later date. she could not support compensating the EGAA for the expenses they have incurred as there is no precedence for doing so. The School Board has adopted moral Member Paulus concluded by saying Member Smith said that the issue from his standpoint is whether the Council is going to support a group that raises part of its money from gambling. did not think it a good idea to use proceeds acquired from charitable gambling for youth programs. He said he Member Rice commented that charitable gambling is a non-traditional way to raise funds. Council, however guidelines need to be established. the morality issue did not bother him, but big money generated in another suburb for Edina youth sports did. a shortage of grant money for individuals who cannot afford to participate as Edina has always responded privately for those needs. support using City funds to reimburse EGAA for their up-front expenses because he did not feel that activity was something the EGGA should be involved with. He believed staff should be aggressive and not bring every issue to Member Rice explained that Also, that he was disappointed to hear that there is However, he would not Member Kelly said she agreed with the position of the other Council members but her main concern was that the funds would be raised outside of Edina. An additional concern is that sports programs have escalated from being fun to competitive travelling teams, and wondered if this is the reason for the need for many more dollars. She reminded Council that the School Board previously raised their rental fees for athletic use and inquired if anything could be done to lower the fees. Joe Brady interjected that Park and Recreation dollars are generated from sales at the municipal liquor stores. In response, Mayor Richards said having three municipal liquor stores may be hypocritical, but it was a referendum decision by the citizens a long time ago, This may be the place to look to cut expenses, if necessary. . I The net profit from the liquor stores does go into 284 12/2/91 the general fund and is used in part by the Park and Recreation Department for athletic programs in the City. Member Smith made a motion that the City not participate or be in partnership vith any youth athletic (or similar) association vhich uses gambling proceeds as a means of fundraising to support the association's operations. seconded by Mayor Richards. . Motion was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith made a motion directing the Park Board to meet vith the athletic associations to investigate and recommend fund raising policies for review by the Council on December 16, 1991. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. TERMS AND CONDITIONS REVIESIED TO PUBLIC DANCE PERMIT #14031 ISSUED TO HOT ROXX MUSIC CAFE (5125 Il'?DUSTRIAL BLVDI Mayor Richards recalled that at a meeting on Saturday, November 30, 1991, Council voted to issue a public dance permit to Arnold's Hot Roxx Music Cafe at 5125 Industrial Boulevard, subject to the terms and conditions attached to the permit entitled Exhibit A. The permit would run to January 6, 1992, upon which time the matter would be back before Council to assess whether additional terms and conditions might be necessary for renewal of the permit. He referred to a memorandum dated November 30, 1991, submitted by Chief Swanson with observations on the dance of November 30, 1991. Richards asked Council if they felt additional terms and conditions needed to be No comment was heard. Mayor -added to the permit granted on November 30. Mike Palm, permit applicant, made the following observations for consideration on January 6, 1992: 1) Rules implemented through the permit process, e.g. security from Valley Fair, I.D. and coat check, worked extremely well. The tthat'l issue would need some clarification and discussion during the January 6, 1992, permit process. 2) A designated smoking area for legal age smokers. Mayor Richards pointed out that the license for Arnold's Hot Roxx Music Cafe would be on the agenda January 6, 1992, for renewal. In response to Member Rice, Mayor Richards said if the applicant plans a New Year's Eve dance, such request must be submitted two weeks in advance and be on the Council Agenda for December 16, 1991. RESIGNATION OF CLIFF ITIUTAW/PARAGON CABLE NOTED he had received a letter from Cliff D. Williams, Executive Vice President and General Manager of Paragon Cable, tendering his resignation effective January, 1992. Mayor Richard mentioned that YEAR END COUNCIL MEETING SET FOR 12/30/91 Mayor Richards informed Council that a tentative date of December 30, 1991, at 5:OO P.M. for the Year-End Council Meeting date has been set. payment of claims and transfer of funds to be included in the current year. Suggested alternate dates would be December 26 or 27, 1991. motion setting December 30, 1991, at 5:OO P.M. as the Year End Council Meeting date. The Year-End Council Meeting is primarily to approve Member Smith made a Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *CLAIMS PAID Motion vas made by Member Smith and was seconded by Member Kelly to approve payment of the folloving claims as shown in detail on the Check Register 12/2/91 285 dated December 2, 1991 and consisting of 30 pages: General Fund $241,261.26; C.D.B.G. $35.00; Communications $1,340.88; Art Center $5,652.95; Capital Fund $270.00; Swimming Pool Fund $91,418.85; Golf Course Fund $8,006.95; $13,870.68; Gun Range Fund $703.01; Edinborough Park $22,794.36; Utility Fund $241,875.79; Storm Sewer Utility $351.94; Liquor Dispensary Fund $132,779.86; Construction Fund $32,018.14; TOTAL $792.379.67. Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned. -%p*L(/Icc%M City Clerk