HomeMy WebLinkAbout19920302_regular4 2-
HIlWTES
OF THE REGUIAR MEETING OF THE
MARCH 2, 1992
EDIAh CITY COUHCIL HELD AT CITY HCLUL
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, and Mayor
Richards. (Member Smith entered the meeting at 7:47 P.M.)
GIRL SCOUT WEEK HA3lCH 8-12. 1992. PROCLAIMED Mayor Richards presented the
following proclamation which was unanimously adopted:
WHEREAS: On March 12, 1992, Girl Scouts of the USA celebrates 80 years of
helping girls grow into confident and resourceful adults; and
WHEREAS: Girl Scouts of the USA, 3 million members strong, is the largest
nonprofit organization for girls in the world; and
WHEREAS:
more than 23,000 girls in an eight-county area; and
WHEREAS:
including Asian, Hispanic, African-American and Native American; and
WHEREAS:
learn to work together and gain leadership skills; and
WHEREAS:
choices in their personal lives and in their careers; and
WHEREAS:
NOW, TtIEREFORE, I, Frederick S. Richards, Mayor of the City of Edina, do hereby
proclaim the week of March 8-14, 1992, to be
in the City of Edina.
Accepting the proclamation were Girl Scouts from Troop 1148, Country Side School.
PROCLAMATION
The Greater Minneapolis Girl Scout Council coordinates activities for
Girl Scouting reaches out to girls of diverse cultural heritage,
Girl Scouting provides an environment where girls can enjoy nature,
Girl Scouting helps girls gain the self-esteem to make the right
Girl Scouting helps girls to become outstanding citizens of our
community;
GIRL SCOUT WEEK
CHRONIC FATIGUE SYRDROHE AWARENESS VEK PROCLAIMED
following proclamation which was unanimously adopted:
PRO CLAMATION
WHEREAS: Chronic Fatigue Syndrome (CFS) is a serious illness marked by
debilitating fatigue and weakness, accompanied by flu-like symptoms and cognitive
impairment, and;
WHEREAS:
with their participation in the activities of daily life for many months or
years, and the loss to society of productive people in their prime earning years
is great, and;
WHEREAS:
tests fail to suggest a specific disease, and insurance and disability
compensators may delay or deny CFS-related claims, the burdens for CFS sufferers
are even greater, and;
WHEREAS:
impacts individuals, diminishing their ability to enjoy life, disrupting
education and employment, and creating tremendous medical expenses, and;
WHEREAS:
provide reliable information to the afflicted and their families, the health care
providers and the public to stimulate interest in finding effective treatments
and a cure for CFS.
NOW, THEREFORE, I, Frederick S. Richards, Mayor of Edina, Minnesota, do hereby
proclaim the month of March 1992, as
and urge all residents to become aware of this disorder and support efforts to
find a cure.
Mayor Richards presented the
Victims often experience symptoms of sufficient severity to interfere
Because some physicians -are unfamiliar with CFS, routine diagnostic
There is an alarming lack of understanding and concern about how CFS
The Chronic Fatigue Syndrome Association of Minnesota continues to
CHRONIC FATIGUE SPNDROME AWARENESS MONTH
3/2/92
Accepting the proclamation were Beverly MacHolda and John Seagard who explained
that the CFS Association provides support to persons afflicted with the syndrome,
gathers and disseminates medical information on the subject, and supports
research locally and nationally.
CONSENT AGENDA ITEMS APPROVED
Member Paulus to approve and adopt the Council Consent Agenda items as presented
with the exception of removal of item V.B. Award of Bid for Seasonal Banners -
50th and France.
Motion vas made by Member Rice and vas seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*MINUTES OF THE REGULAR MEETING OF FEBRUARY 18. 1992 APPROVED Motion vas made by
Member Rice and was seconded by Member Paulus to approve the Council Minutes of
the Regular Meeting of February 18, 1992.
Motion carried on rollcall vote - four ayes.
PUBLIC JZE3RING HELD ON P- STREET SURFACING WITH COMCRE!L'E CURB AND
SANITARY SEWER IMJXOVEMENT NO. SS-382 <BLAKE ROAD) Affidavits of Notice were
presented, approved and ordered placed on file.
Presentation bv Engineer
Engineer Hoffman explained that this public hearing is for the improvement of
Blake Road from Pine Grove Road to Interlachen Boulevard. Th'e project is the
second phase of the Blake Road improvements.
some major stormwater improvements.
GUTTER/SIDEUAIX IMPROVEMENT NO. BA-298: STORM SEWER IMPROVEHEKC MO. STS-218;
Phase I was completed in 1989 with
The second phase was delayed awaiting a change in state aid rules as it related
to width of streets. A rules change was made in June of 1991, and this project
is designed around the new rules. The only exception is the final curve on the
north end of the project.
and as such requires a variance from the State.
wetlands which make it a good candidate for a variance because the new wetland
rules prevent filling without compensation.
This curve does not meet the 30 mph design requirement
The curve is in between two
The project would include some storm sewer adjustment and sanitary sewer repair.
The special assessment portion of the project would be spread over a ten year
period.
can meet both City and neighborhood needs and would recommend approval of the
improvements.
Staff has attempted to review all the issues and provide a project which
Approximate cost of the improvements proposed to be built in 1992 were estimated
as follows:
Permanent Street Surfacing with Concrete
Curb/Gutter and Sidewalk
Improvement No. BA-298 $645,028.91
Storm Sewer Improvement No. STS-218 40,753.00
Sanitary Sewer Improvement No. SS-382
Total Project Cost
21.000.00
$706,781.91
The project is proposed to be funded as follows:
State Aid Gas Tax $563,037.51
Storm Sewer Utility 40,753.00
Special Assessment 81,391.40
Sanitary Sewer Utility 21,000.00
44 3/2/92
The special assessment for Blake Road Improvement No. BA-298 is proposed at
$20.00 per lineal foot, with 1/3 rate for side and back yard assessment, to be
spread over a 10 year period.
Engineer Hoffman presented slides of both sides of Blake Road for the project
area and pointed out the following elements of the proposed project:
1)
2)
3)
Repair sanitary sewer lines as needed prior to road reconstruction.
Install storm sewer at appropriate low points.
Construct a standard 32 foot road section with parking on the east side
from Pine Grove Road to Scriver Road similar to the existing section from
Vernon Avenue to Pine Grove Road.
Construct a road section from Scriver Road to Interlachen Boulevard varying
from 30 feet in width to 28 feet in short sections where Mirror Lakes and
the topography make it difficult to maintain the 30 foot minimum width.
This section would not allow parking on either side of the street.
Installation of sidewalk per the City Comprehensive Plan to improve
pedestrian access along collector streets. The estimated cost includes
sidewalk on the east side from Pine Grove Road to Lake Ridge Road.
sidewalk is proposed between Lake Ridge Road and Interlachen Boulevard.
Staff has determined that it would be difficult to construct without
considerable retaining wall and removal of trees and vegetation.
trees and vegetation provide good erosion control on the steep slopes
between the road and the lake.
by the City. "
4)
5)
No
Existing
If approved, sidewalk would be maintained
Guard rails along Mirror Lake would be replaced with brown wood posts having
reflectors.
necessary to accomplish the project.
Staff would recommend the following actions by the Council: 1) Approve project,
2) No parking resolution for entire west side of Blake Road and on the east side
from Scriver to Interlachen Boulevard; 3) Resolution requesting variance by the
State for 30 MPH curve at Mirror Lakes; and 4) Resolution authorizing the Mayor
and Manager to sign documents for MnDOT projects.
The attempt would be to destroy the least amount of vegetation
*.
Council Comment
over 20 Blake Road surveys mailed, five or six residents submitted written
comments about the project.
about private property lines and curve safety by saying the proposed project for
roadway and sidewalk work is well within the City's right of way.
City Engineer he was required to assess the curve problems at Evanswood, Scriver,
Lake Ridge and at Mirror Lakes and to assure that the guard rail at Mirror Lakes
meets State standards as safety is the goal.
there would be disruption in the area through the months of June, July and
August .
In response to Member Paulus, Engineer Hoffman said that out of
Engineer Hoffman answered Member Rice's questions
Further, as
As to the construction period,
Public Comment
Fred Zimmerman, 5308 Evanswood Lane, said that Blake Road is not safe, objected
to sidewalk, and expressed concern about his hedge and trees; Jim Hovland, 5201
Blake Road, spoke in favor of sidewalk and suggested road width of 30 feet at Fox
Meadow Lane; Mike Harper, 5111 Scriver Road, expressed concern about his hedge
and suggested narrowing the roadway beginning at Fox Meadow Lane; John Zwicke,
5020 Blake Road, spoke in support of a 30 foot roadway and referenced the
November 12, 1991 petition from Blake Road residents to not install sidewalk or
destroy the natural beauty of roadway; Charles Hanna, 6300 Interlachen Boulevard,
expressed concern about safety for cars and pedestrians; Roy and Kathy Jenson,
5124 Blake Road, spoke in favor of sidewalk and said the sight line is obstructed
by hedge; Ann Nelson, 5200 Blake Road, supported sidewalk to Interlachen
3/2/92 4.5 e.
Boulevard; Bill Gearhart, 5224 Blake Road, spoke in support of the project as
proposed; Ronald Lewis, 5101 Scriver Road, spoke in favor of sidewalk and the
project in general if the least would be done to disturb area wildlife; and Brian
Mahoney, 5108 Blake Road, spoke in support of the petition submitted in November,
1991, to not extend the sidewalk from Blake Ridge north.
(Member Smith entered the meeting during testimony by the public.)
Engineer Hoffman explained that a sidewalk had not been proposed beyond Lake
Ridge Road because of Mirror Lakes on the east side and the vegetation and
topography on the west side. The attempt would be to widen the roadway to
accommodate the single jogger or bicycler.
the petition from the residents in November, 1991, was to assure that staff
considered all aspects of the project in the best possible way during the design
stage.
a 32 foot roadway unless there was a condition where 32 feet just was not
reasonable.
In response to Member Paulus, he said
Engineer Hoffman added that he would not suggest a project with less than
Member Kelly introduced the following resolution and moved its approval:
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:
RESOLUTION ORDERING STREET IWROv"T NO. BA-298
IMPROVEMENT NO. BA-289 - PERWNENT STREET SURFACING WITH CONCRETE CURB AND
GUTTER AND SIDEWAIX
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 vith 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:
PERWNENT STREET SURFACING WITB CONCRETE CUBB AND GUTI'ER AND SIDEWALK
IMPROVEMENT NO. BA-289
and the area to be specially assessed for a portion of the cost of the proposed
improvement shall include:
Lots 1 through 4, Blk. 3, Idylwood Third Addn.; Lot 1, Blk. 1, Idylmod
Fourth Addn.; Lot 1, Blk. 1, Emerald Wood Addn.; Lots 1 and 2, Blk. 1, and
Lots 1, 5 and 6, Blk. 2, Whiteman Addn.; Lots 1 and 3, Blk. 1, Mirror Lakes
Plat No. 3; Lots 1 through 3, Blk. 1, Mirror Iake Ridge Addn.; Lots 29, 38,
46 and 47, Bud. Sub. 325, Lot 3, Blk. 1, Zuppkemod Addn.; Lots 2 through
4, Blk. I, Evanswood Ad&.; Lot 2, Blk. 1, Brownswood Ad&.; Lots 1 and 2,
Blk. 1, Evanswood 2nd Ad&.; Tract B, B.L.S. 1404; Lots 6 and 7. Blk. 1,
Oak Ponds Addn.; Lots 1 through 5, Blk. 1, Hyland Acres Addn.; and Lot 1,
Blk.- 1, Taft Addn.
Motion was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION ORDERING STORM SEWER IHPROVEMENT NO. STS-218
AND SANITARY SEWER IHPROVEMEHT NO. SS-382
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that the Council
heretofore caused notice of hearing to be duly mailed to mer8 of each parcel
within the affected area on the following proposed improvements:
and at the hearing held at the time and place specified in said notice, the
IMPROVEMENT NO. STS-218 AND IMPROVEMENT NO. SS-382
46 3/2/92
Council has duly considered the viers of all persons interested, and being
advised of the pertinent facts, does hereby determine to proceed with the
construction of said improvements including all proceedings which may be I necessary in eminent d&in for the acquisition of necessary easements and rights
for construction and maintenance of such improvements; that said improvements are
hereby designated and shall be referred to in all subsequent proceedings as:
STORM SEPEB IMPROVEMENT NO. STS-218
SANITARY SEWER IpIIpBopEMeffl: NO. SS-38
cost of which shall be paid from stom serer utility funds and sanitary serer
utility funds.
Motion was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Smith introduced the following resolution and moved.its adoption:
Directing the City Engineer to proceed vith a variance request to the
Commissioner of Transportation for Blake Road betueen Pine Grove Road and
Interlachen Boulevard (S.A.P. 120-147-11).
WHEREAS, the City wishes to reconstruct Blake Road betueen Pine Grove Road and
Interlachen Boulevard in part using Municipal State Aid funds; and
VHEaEBS, the Minnesota Department of Transportation Rule 8820.935 requires that
Blake Road betueen Pine Grove Road and Interlachen Boulevard have a design speed
of 30 MPH; and
WHEREAS, the City believes there are valid reasons for constructing Blake Rmd to
a lover design speed standard from Station 5540 to Station 5840 (horizontal
curve) and that such lover design standard vi11 safely and adequately handle
existing and proposed traffic;
NOW, THEBEFOBe, BE IT RESOLVED BY TEE CITY COITlpCIL OF THE CITY OF ED=, that the
City Engineer be directed to submit to the Commissioner of Transportation a
formal request for variance for Blake Road betueen Station 55MO and Station
58+00 from the mlsimum design speed of 30 MPE or a appropriate stopping sight
distance of approximately 210 feet to a design speed of 25 MPH with commensurate
stopping sight distance.
Motion was seconded by Member Kelly.
RESOUpTIOlq
I
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Smith introduced the follonZng resolution and moved its adoption:
S.A.P. 120-147-11 from Pine Grove Road to one hundred feet south of Scriver €bad
in the City of Edina, Minnesota.
THIS RESOLUTION, passed this 2nd day of March, 1992, by the City of Edina in
Hennepin County, Minnesota.
called the "City", UJTNESSETH:
WHEREAS, the City has planned the impravement of HSAS 147 (Blake Road) from Pine
Grove Road to one hundred feet south of Scriver Road;
WHEREAS, the City, will be expending Mmicipal Street Aid Funds on the
improvement of this Street, and
WHEREAS, this improvement does not provide adequate width for parking on both
sides of the street; and approval of the proposed construction as a Municipal
State Aid Street project must therefore be conditioned upon certain parking
restrictions;
NOW, THEaEFOBE, IT IS THEaEBp RESOLVED: That the City shall ban parking of motor
vehicles on the vest side of MSA!3 147 (Blake Road) at all times.
Dated this 2nd day of March, 1992.
aESOupTIOlp RELATING TO PARKING RESTRICTIONS OH
The Municipal corporation shall hereinafter be
Rollcall :
3/2/92 47 .
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Smith introduced the following resolution and moved its adoption:
S.A.P. 120-147-11 from one hundred feet south of Scriver Road to Interlachen
Boulevard, in the City of Edina, Minnesota.
THIS RESOLUTION, passed this 2nd day of March, 1992, by the City of Edina in
Hennepin County, Minnesota.
called the "City", WITNESSETH:
WHEREAS, the City has planned the imprcwement of WAS 147 (Blake Road) from one
hundred feet south of Scriver Road to Interlachen Boulevard;
WHEREAS, the City, will be expending Municipal Street Aid Funds on the
improvement of this Street, and
WEEREAS, this improvement does not provide adequate width for parking on both
sides of the street; and approval of the proposed construction as a Municipal
State Aid Street project must therefore be conditioned upon certain parking
restrictions.
NOW, THEREFORE, IT IS THEBEBY RESOLVED: That the City shall ban parking of motor
vehicles on the both sides of WAS 147 (Blake Road) at all times.
Dated this 2nd day of March, 1992.
Motion was seconded by Member Kelly.
RESOLUTION RETATING TO PARKING RESTRICTIONS ON
The Municipal corporation shall hereinafter be
Rollcall :
Ayes :
Motion carried.
Kelly, Paulus , Rice, Smith, Richards
Member Paulus introduced the following resolution and moved its
BE IT RESOLVED by the City Council of Edina, Minnesota, that it
RESOLUTION
adoption:
hereby authorizes
and directs the Mayor and Manager to execute appropriate documents for S.A.P.
120-147-11 consistent with Minnesota Department of Transportation guidelines.
Motion was seconded by Member Rice.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Mayor Richards informed residents in attendance that the assessment hearing would
be held in September, 1993, after the project is completed in August, 1992.
TEHPORBRY CONDITIONAL USE PERMIT FOR HOME OCCUPATION APPROVED - 7121 GLOUCEESTEB
AvElrllTE Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Planner
Planner Larsen stated that notice of the scheduled review for the Temporary
Conditional Use Permit for Dr. Joyce Anderson, 7121 Glouchester, was mailed to
all property owners within 350 feet of the subject property and was published on
February 19, 1992.
of notice, no complaints were filed claiming violation of any condition of the
permit.
Staff would recommend renewal of the permit.
Following issuance of the initial permit and up to the time
If Council renews the permit, the next review would occur in two years.
Presentation for Prouonent
Harold Bagley, 7113 Glouchester Avenue, said he was speaking for Dr. Anderson.
He stated that he could answer any questions that the Council may have.
Council Comment/Action:
Mayor Richards noted that written correspondence in support of renewing the
permit was received from the following: Robert and Alice Kravig, 7117 Glouchester
Av.; John and Annette Rissman, 7125 Glouchester Av.; Jim and Vicki Reichart, 7109
48 3/2/92
Glouchester Av.; Winston Granger, 5533 Vernon Av.; Lynn Lockhart, Ph.D., Colonial
Church of Edina, 6200 Colonial Way; Lucalee Williamson, 7129 Glouchester Av. S.;
and F. H. Sim, MD, Mayo Clinic, Rochester, MN. Letters in opposition to renewing
the permit were received from: Barbara Peterson, 4201 West 70th Street and
Therese Patera, 7120 Glouchester Av. No further comment or objection was heard.
Member Smith made a motion to appruve reneval of the Temporary Conditional Use
Permit for Home Occupation to Dr. Joyce Anderson, 7121 Glouchester Avenue, for a
period of two years, subject to same stipulations as for the initial permit.
Motion was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
PIHBL PLAT APPROVED FOR BREW" ADDITION (6425 INDIAN HIUS ROAD)
Presentation bv Planner
Planner Larsen recalled that preliminary plat approval creating one new lot was
granted on March 18, 1991, for property located at 6425 Indian Hills Road. The
proponents have presented the final plat for approval.
The subject property is a developed single family lot containing an area of
86,171 square feet, and is a "thru-lot" having frontage on two public streets.
The plat would create one new buildable lot (Lot 1) on the westerly side and
the existing house would be located on Lot 2.
approval, subject to subdivision dedication based on an unimproved land value of
$150,000.00 and utility connection charges.
Staff would recommend final plat
Member Smith introduced the following resolution and moved its adoption, subject
to: 1) Subdivision dedication fee of $12,000.00 and 2) Utility connection
charges :
RESOLUTION APPROVIHG PIRbL PLAT FOR BRE" ADDITION
BE IT RESOLVED by the City Council of the Citp. of Edina, Zunnesota, that that
certain plat entitled "BRE" ADDITION" platted by Elizabeth%rennan, single,
and presented at the regular meetbg of the City Cmmcil of March 2, 1992, be and
is hereby granted final plat approval.
Motion was seconded by Member Paulus.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*HEARING DATE OF 3/16/92 SET FOR PLA"IL?G MATTER Motion vas made by Member aice
and was seconded by Member Paulus setting March 16, 1992, as hearing date for
Building Expansion and Remodeling - Edina Conmnmity Lxrtheran church - 4113 West
54th Street.
Motion carried on rollcall vote - four ayes.
*BID AUARDEJl FOR GOLF CARS
Member Paulus for award of bid for golf cars to recommended low bidder, Golf Car
Hidvest, at $21,450.00.
Motion vas made by Member Rice and vas seconded by
Motion carried on rollcall vote - four ayes.
BID AWARDED FOR SEhsOlUL - 50TH & FRANCE Member Paulus said she had
requested this item be removed from the Consent Agenda and asked if additional
banners would be required.
for spring/summer banners would complete the set.
Member Paulus made a motion for award of bid for seasonal banners for 50th &
France to recommended low bidder, Banner Creations, at $5,544.40.
Assistant Manager Hughes clarified that this purchase
Rollcall :
3/2/92 49 7.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
TRACY AvENUE TRAFPIC UPDATE PRESE"ED: RECOII~MENDATIONS APPROVED
recalled that a public hearing was conducted on February 3, 1992 on a Traffic
Study conducted by Strgar-Roscoe-Fausch, Inc. The report discussed possible
options regarding traffic diversion in the Tracy Avenue neighborhood between West
66th and West 70th Street and the adjacent neighborhood.
Engineer Hoffman I
Council action at the February 3 meeting was to continue review of traffic
control signage, directional signage, pedestrian safety issues and other issues
that seemed appropriate.
review of traffic diversion or review involving the Edina Interchange Center.
The Council direction was to discontinue any further
After review and input from the residents during the hearing, staff has:
1) Conducted a traffic count at Valley View and Antrim as it related to the
Edina High School and pedestrian crossing to the school.
noted by staff was a heavy pedestrian flow on West 68th Street to and from the
school.
The most obvious item
2) Reviewed the geornetrics at West 66th Street and Tracy and the effects of
potentially changing the intersection layout.
3) Estimated the cost of a sidewalk on the east side of Tracy Avenue from West
66th Street to West 68th Street.
4) Reviewed the traffic signage issue with staff at Strgar-Roscoe-Fausch, Inc.
After completion of the above activities, staff would recommend the following
actions :
a)
b)
Install a four-way stop sign system at West 68th and Tracy with a crosswalk
at this intersection.
Conduct a public hearing at a later date for a potential sidewalk project
on the east side of Tracy from West 66th to West 68th Street.
estimate for a sidewalk is approximately $20,000.00 involving 12 property
owners.
Reconstruct (with City crews) the intersection of West 66th and Tracy and
add an eastbound STOP at West 66th and Tracy.
To not install peak hour restrictions at this time on either Valley View or
West 70th Street.
Continue traffic review of Valley View and Antrim Road intersection with
the Edina School District.
The current
c)
d)
e)
Staff would suggest these recommendations be a continuing activity as ramp
metering and freeway congestion is monitored which is an important part of the
overall equation.
Member Paulus asked what the cost to the City would be for reconstructing the
intersection at West 66th and Tracy.
approximately $1,000.00 for labor and concrete. In response to Member Kelly,
Engineer Hoffman explained that 12 families would be assessed for the sidewalk as
it would be difficult to establish any benefit to other properties in the area.
Engineer Hoffman said it would be
Public Comment
Avenue; Jeff Cauble, 5700 Lois Lane; Jill and John Dushinske, 6621 Tracy Avenue;
Kristin Johnson, 6721 Tracy Avenue, and Dennis Meuwissen, 6705 Galway Drive,
Speaking to the recommendations were Jan Borgeson, 6709 Tracy
Member Smith made a motion to approve the following recornmendations as presented
3/2/92
for the Tracy Avenue area:
1)
vith a crosswalk at the intersection.
2)
Avenue and add an eastbound STOP sign at Vest 66th and Tracy.
Motion was seconded by Member Kelly.
Installation of a four-way STOP sign at West 68th Street and Tracy Avenue
Reconstruct with City crews the intersection of West 66th Street and Tracy
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
MASSAGE BUSINESS LICFXSE REO-S UNCHANGED Ronald Edblom, 610 84th Lane
N.W., Coon Rapids, MN, referred to his recent letter addressed to the Council in
which he expressed his desire to run a professional therapeutic massage business
in the City, having several employees working for him.
objections to the massage ordinance requirements:
He cited the following
1) Does not wish to be grouped in or associated with massage parlor, sauna
parlor or escort service.
2) Business investigation fee of $1,500.00 is unfair having already paid the
individual investigation fee.
3) Annual business license fee of $200.00 is unfair in that other personal
businesses, i.e. nails, facials, barber shops, pay $50.00 for 3 years.
4) Should not have to reapply for a license every year.
5) License states that it is good for one year unless revoked sooner.
6) Application asks for a physical description with a front and side view
picture.
In conclusion, Mr. Edblom asked the Council to consider waiving the ordinance
requirements for a massage business license so that he could operate a
therapeutic massage business .
Mayor Richards referenced a memorandum from Craig Swanson, Police Chief, on the
existing Ordinance No. 1353 which regulates physical culture and health services
and clubs.
recommendations to change Ordinance No. 1353 or codified Section 1340.
ordinance seems to be working well and accomplishing its intent.
I
The memorandum concluded that the Police Department would make no
The
Following discussion of the concerns raised, it was the consensus of the Council
that the existing ordinance would stand until modified by this or a subsequent
Council.
PROPOSED REVISIONS TO DRAFT CODE SECTION 460 (SIGNS) PRESEloTED Planner Larsen
commented that at a previous codification work session, numerous questions were
raised about signage.
final draft of Section 460 for the April 6, 1992, public hearing when the
positioning, construction, size, use, and other aspects of signs will be
discussed in detail.
Staff would like Council input prior to preparing the
Specifically, two areas of concern were raised in the Council work session:
Sign Illumination
A.
B.
C.
Current Requirements:
Changes in color or light intensity are not allowed.
Light sources must be shielded (no bare bulb illumination).
Inspector may limit hours of illumination.
Neon or fiber optic light sources need not be shielded. I Proposed Change:
Other Options: - Require businesses to turn off any illuminated sign located
within 200 feet of a residential district after 1O:OO P.M.,
3/2/92 51 - I.
or when the business is closed. - Limit intensity of light source.
It was the consensus of the Council not to pursue the option to require
businesses to turn off illuminated signs within 200 feet of a residential
district after 1O:OO P.M. or when the business is closed. Members Kelly, Rice
and Smith supported the option to limit intensity of the light source.
I
TemDoraw Real Estate SiPns - Non-Residential
Current Requirements:
A.
B.
C.
One 100 square foot sign per street frontage.
Sign must be removed once building is sold or 80% leased.
Sign may not be located closer than 100 feet to any residence.
New Buildings - 80 square feet per frontage and sign must be
removed once sold or 80% leased.
Existing Buildings - 32 square feet per frontage and sign must
be removed once sold or 90% leased.
Other Options : - Increase permitted sign area if leasing information is
incorporated into area identification sign. - Establish a time limit for buildings to be considered "new".
- Allow only one sign per building. - Reduce sign area to 32 sq. feet for new buildings and 16 sq.
Proposed Change:
feet for existing buildings.
There was general agreement by the Council that they disliked temporary real
estate signs that become "permanent" and asked staff to come back with proposed
time limit parameters. Member Rice asked if the City has the right to regulate
temporary real estate signs and to what extent.
Council that they would need more information on the issues raised.
It was the consensus of the
DRAFT CODE SECTION 475 - PARKING RAW DISCUSSED Mayor Richards recalled that at
the codification work session on February 1, 1992, the question was raised as to
potential liability for the City if it adopted an ordinance regulating parking
ramps. Attorney Gilligan has responded with an opinion dated February 28, 1991,
on the proposed parking ramp inspection ordinance (Section 475).
In summary, the opinion stated that under the City's present Ordinances and
Minnesota Law, the City has the authority to require the repair, removal or
destruction of any parking structure which it determines is dangerous or
substandard.
structures, and such inspection by the City is not required by Minnesota Law.
Presently, a potential for liability exists if it comes to the attention of the
City that a parking structure in the City is structurally substandard and
dangerous and the City fails to act or responds in a negligent manner and damage
occurs as a result of such dangerous condition.
proposed ordinance the City's potential liability increases because the City has
taken on additional duties. The City should be exempted from liability based
upon the manner in which the Council determines to regulate (or not regulate)
parking structures since the Government Tort Liability Act and case law in
Minnesota exempts cities from liability based upon a discretionary act.
Consequently, the discretionary act of the Council to regulate (or not regulate)
parking structures should not expose the City to liability.
administering the ordinance the potential for liability increases since the City
could now be exposed to liability for its failure to follow requirements of the
ordinance. While the City may have increased potential for liability, the acts
which the City would be required to perform are limited, with actual inspection
and report on the structural soundness of the parking ramp done by an independent
The City does not presently have a program of inspecting parking
If the Council enacts the
However, in
52 3/2/92
engineer hired by the ramp owner.
the engineer determines that the parking structure is not structurally sound,
then the City would be required to respond.
If the licensing requirements are not met or
In response to Member Rice, Attorney Gilligan said if the ramp was found to be
structurally unsound, the City could close it. Manager Rosland said a license
fee for parking ramps has not yet been established.
was that Code Section 475 - Parking Ramp Inspection, was okay as drafted.
The consensus of the Council
PRELIMINARY LOCAL REDISTRICTING/EIECTION PRECINCT BOUNJJARIES REVIEVED Clerk
Daehn reported that the deadline for City redistricting and designating election
precinct boundaries, based on Chapter 246 - Laws of Minnesota 1991, is March 30,
1992, unless extended pending action by the United States Supreme Court.
line separating Legislative District 42A and 42B remains the same as that of 1982
with the exception that Precincts No. 17 and 18 have been added to District 42A.
In addition, the numerical designation of the legislative districts has been
reversed, i.e. 42A is now identified as 42B and vice versa.
The
The Council's attention was directed to a memorandum dated February 27, 1992, and
an accompanying map which illustrated proposed precinct boundaries changes for
the following precincts: Precinct No. 12 and 13; Precinct No. 8 and 9; Precinct
No. 15 and 20, Precinct No. 1 and 19, Precinct No. 1 and 5.
Clerk Daehn advised that precinct boundaries cannot be finalized until there is a
resolution of which plan (federal court or state court) will control.
have been appealed to the U.S. Supreme Court for decision. No formal action will
be required until that decision is rendered.
The plans
I *R.ESOLUTION ADOPTED APPOINTING ELECTION JUDGES FOR PRESIDEPJTIAL PRIMARY ELECTION
Motion vas made by Member Rice and was seconded by Member Paulus for adoption of
the folloving resolution:
RESOLUTIOH
BE IT RESOLVED by the Edina Citp Council that the folloubg election judges be
appointed for the Presidential Primary Election on April 7, 1992;
BE IT IQKCHER RESOLVED that the Citp Clerk be and is hereby authorized to make
any substitutions or additions as may be deemed necessary: Precinct l Eugenia
Williams, Chair, Lois Hallquist, Dorothy Capetz, Virginia Vonhof, Arlene Friday;
Precinct 2 Marjorie Ruedy, Chair, Joan Flumerfelt, Kathleen Tierney, Lorraine
Purdy, Haryann Haemig;
Hedrick, Margaret Hagerty, Patricia Schwartz; Precinct 4 Shirley Dibble, Chair,
Rachael Schoening, Margery Brothers, Elizabeth Genwese, Shirley Renslor;
Precinct 5 Phyllis Cooper, Chair, Bosemary McGlynn, Barbara Martin, Mildred
Karr, Marie Goblirsch; .Precinct 6 Jane Bains, Chair, Catherine Svanson, lhq
Cleaveland, Eleanor Westerberg, Barbara Herbers; Preclnct 7 Helen Peterson,
Chair, Kathleen Engquist, Eunice Overby, Ellen Hein, Gertrude Snoeyenbos;
Precinct 8 Jane Moran, Chair, Myra Hykes, Jeanne Sedoff, Ordell O'Neill, Mean
Svenson; Precinct 9 Eileen Konhauser, Chair, Colleen Crew, Florence Boughton,
Marie Robinson, Annette Horton; Precinct 10 JoAnn Ianergan, Chair, Jeanine
Westling, Ruth Haggerty, Ann Latham, Helen Cormell; Precinct 11 Betty Pollitt,
Chair, Karen VicIrman, Rita Acker, Carol Melichar, Muza Habeck; Precinct 12
Ardis Wexler, Chair, Carol Hite, Harlys Hittner, Shirley Bjerken, Mary Scholz;
Precinct 13 Doris Peterson, Chair, dnnadell Quantrell, Patricia aobbins, Anne
Matula, Rebecca Tarson; Precinct 14 Mary Jane Platt, Chair, Joyce Hanson,
Esther Olson, Eva Bryan, Patricia Bartlett; Precinct 15 Kaye Luilrens, Chair,
Carol Hanson, Sharon Soderlund, Jaum Buie, Marjorie Johnson; Precinct 16 Mary
McDonald, Chair, Duxma Montgomery, Rathalie Person, Doris Blake, Lucille -an;
Precinct 17 Lorna Livingston, Chair, Jean McDermid, Lotdse Jackson, Marie
Bachman, Betty Lou Peterson; Precinct 18 Jean Erdall, Chair, Myrtle Grette,
Selma Shelton, Virginia Stem, Jo Anne Streed; Precinct 19 Charlotte Scaulon,
.Precinct 3 Linda Smith, Chair, Patricia Dill, Deidre
I
3/2/92. 53 t.
Chair, Sue Corson, Catherine Murphy, Jean Liudahl, Anne LeBovsky; Precinct 20
Patricia Olander, Chair, Anita Delegard, Harriet Koch, Charlotte Burns, Joan
Ochs .
Motion carried on rollcall vote - four ayes.
*RESOLUTION AUTHORIZXNG SUBMI!l"AL OF 1992 HENRJZPm COm YARD VASTE REBA!CE
Motion vas made by Member Rice and was seconded by Member Paulus to adopt the
following resolution:
RESOupJiIO~ FOR YARD WASTE REBATE
U'fEREK, the 1992 Hennepin County yard waste program consists of providing
rebates to cities for the local management of yard waste; and
VBwEBs, Edina has established a method of requiring private haulers to taka yard
waste to County approved compost sites; and
WJBRIWS, Edina has also established a method of passing on a rebate to the
residents of the City through a credit on the utility bill; and
WHEREAS, this program meets the requirements of Hennepin County resolutions No.
NOW, TBEBEFORE, BE IT RESOLVED, that the Edina City Council hereby authorizes
submittal of the Hennepin County Yard Waste Rebate Application to contiwe this
program through 1992.
ADOPTED this 2nd day of March, 1992.
90-3-299, NO. 90-5-373R2 and NO. 91-5-393;
Motion carried on rollcall vote - four ayes.
EXPENDITUJlE OF FORFEITURE MONIES APPROVED Manager Rosland advised that
forfeiture money has accumulated over the last several years to a sum of
approximately $40,000.00. Expenditure of these monies is regulated by Minnesota
Statute 609.5315, Subd. 5, (1) which states that 70 percent of the money or
proceeds must be forwarded to the appropriate agency for deposit as a supplement
to the agency's operating fund or similar fund for use in law enforcement.
Chief Swanson would recommend approval of the follow expenditures:
1. D.A.R.E. Program $ 3,000.00
2. Cornerhouse Membership 4,000 .OO
3. Cellular Air Time 13.200.00
(T-shirts and promotional items)
TOTAL $20,200.00
Member Kelly made a motion to approve expenditure of forfeiture monies as
follows:
Cellular Air Time - $13,200.00.
Motion was seconded by Member Rice.
D.A.R.E. Program - $3,000.00, Cornerhouse Membership - $4,000.00 and
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
APPOlXTHENTS MADE TO BOARDS/COMMISSIONS/CO~ES Motion was made by Member
Kelly for consent of the Mayor's appointments to advisory boards/commissions/
committees as follows:
Contmunim Develomnent and Planning Commission
David Bosenblatt
Human Relations Commission
John Lonsbury
Richard Preis
Communitv Health Services Advisory Committee
Jo brm Blatchley
Sara Severson
Brian Colwell
Heritage Preservation Board
Lynn Barrett
(3 year term to 2/1/95)
(partial term to 2/1/94)
(3 year term to 2/1/95)
(2 year term to 2/1/94)
(2 year term to 2/1/94)
(2 year term to 2/1/94)
(2 year term to 2/1/94)
3/2/92 .. 54
Motion was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
I APP0I"T MADE TO THE ED= FOUNDATION Hotion vas made by Member Kelly for
consent of the Mayor's appointment of James Hovland to The Edina Foundation Board
to fill an unexpired term to June, 1992.
Motion was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
METROPOLITAN WASTE CONTROL COMMISSION -ING DATJ3SBIHES NOTED Manager Rosland
indicated he had received notification from the Metropolitan Waste Control
Commission (MWCC) of meetings for receiving input to MWCC's budget from system
users. Meeting dates, times and locations were noted.
REOUEST FOR CHECK GRANTED - POUGE EXPLORERS POST 925 Manager Rosland explained
that a request for payment had been received from Police Explorers Post 925 in
the amount of $764.00 for car wash services rendered. The bill was submitted
after the cutoff for payables for the March 2, 1992 Council meeting.
Explorers need the funds to pay their deposit for the 1992 National Explorers
Conference.
The
Member Kelly made a motion to approve payment to Police Explorers Post 925 in the
amount of $764.00 for car vash services.
Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*CLAIMS PAID
approve payment of the folloving claims as shown in detail on the Check Register
dated March 2, 1992, and consisting of 29 pages:
Communications $1,175.39; drt Center $13,288.00; Capital Fund $22,194.87; Golf
Course Fund $37,597.21; Recreation Center Fund $4,479.17; Gun Bange Fund $38.08;
Edinborcsugh Park $12,788.34; Utility Fund $79,945.08; Liquor Dispensary Fund
$30,883.68; Construction F'md $51,780.00; TOTAL $458,895.77.
Motion was made by Member Rice and was seconded by Member Paulus to
General Fund $204,725.95;
Motion carried on rollcall vote - four ayes.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 10:40 P.M.
*&%*U
City Clerk