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HomeMy WebLinkAbout19940307_regularMINOTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY JUU MARCH 7, 1994 R0UCAL.L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion vas made by Member Kelly and vas seconded by Member Smith to approve and adopt the Council Consent Agenda items as presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CAMP FIRE BIRTHDAY WEEK PROCLAIMED proclamation which vas unanimously adopted by motion of Member Paulus, seconded by Member Kelly: Mayor Richards presented the following PROCLAMATION WJ3EWAS, Camp Fire Boys and Girls, the national organization, will celebrate its 84th birthday on March 17, 1994; and WIEREAS, Camp Fire, Minnesota Rivers Council in the State of Minnesota, teaches boys and girls self-reliance, good citizenship and leadership; and WJ3EWAS, through contemporary programs and by speaking out on issues affecting youth and their families, Camp Fire helps youth cope with their changing world; and WHEREAS, 3n Camp Fire, the choices and opportunities are inclusive to boys and girls; and WEEREAS, Camp Fire is commended foE the valuable programs offered to young people in the City of Edina and throughout the nation and for the many services these young people perform for their community through Camp Fire. NOW, THEBEFORE, I, Frederick S. Richards, Mayor of the City of Edina, do hereby officially proclaim March 13 - 19, 1994, to be in the City of Edina, Minnesota. ADOPTED this seventh day of March, 1994. Accepting the Proclamation were Barbara Kerr-Anderson, Leader and Camp Fire members Karen Rustad, Nickey Kerr-Anderson and Corrine Wilson. CAMP FIRE BIRTHDAY WEEK *MINUTES OF REGULAR COUNCIL MEETING OF FEBRUARY 22. 1994. APPROVED Motion vas made by Member Kelly and vas seconded by Member Smith to approve the minutes of the Regular Council Meeting of February 22, 1994. Motion carried on rollcall vote - five ayes. PUBLIC HEARING ON PRELIMINARY PLAT FOR HOLLY HIU ESTATES (5020 BLAKE ROAD1 CONTINUED TO APRIL 4. 1994 Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen presented the request for preliminary plat approval for Holly Hill Estates located at 5020 Blake Road. single dwelling unit lot containing an area of 68,771 square feet. dwelling is located on the easterly portion of the property and the home is currently served by two curb cuts on Blake Road. He said the subject property is a developed The existing "he subdivision proposal would create one, new buildable lot. lot sizes as proposed are: The dimensions and 3/7/94 .. 172 Lot Width Lot Depth Lot Area Lot 1 - 214 feet 238 feet 30,484 square feet Lot 2 (existing home) 148 feet 251 feet 38,519 square feet Lots within the 500 foot neighborhood, as established by the Zoning Ordinance, yield the following dimensions and sizes: I Lot Width Lot DeDth Lot Area 115 feet 177 feet 19,250 square feet Both lots would exceed the neighborhood medians and no variances are required. The proposed location for the new dwelling would be on a relatively flat area on the westerly portion of the property. Tree removal to develop the new lot would be minimal. to serve the new house. today. The proposal also anticipates separating the existing double drive The curb cuts on Blake Road would remain as they exist The Planning Commission heard the proposal on January 5, 1994, and recommended preliminary plat approval, subject to: 1) final plat approval, 2) subdivision dedication, and 3) utility connection charges. Presentation bv Proponent John Zwicke, 5020 Blake Road, proponent, submitted that the proposed subdivision meets all the criteria, would be a very nice lot aesthetically, would maintain the existing setting and would not interfere with any other properties including the existing home. Mayor Richards asked Mr. Zwicke when he began the process leading to the proposed subdivision, and also when the northezly curb cut was put in and the distance he began the subdivision planning last fall. Both of the existing curb cuts have been there for many years and that it was approximately 250 feet from the roadway bend to Interlachen Boulevard. - from the bend in Blake Road to Interlachen Boulevard. Mr. Zwicke responded that Member Rice asked about the existing bituminous turnaround, where the proposed building pad would be for the new house and trees to be removed. explained that the asphalt would be removed, that only two trees would be removed and additional trees would be added for privacy. illustrates the approximate area where the new house would go. Member Rice asked the proposed size and height for the new house and if it would be comply with the height restriction and setback requirements. indicated that the house would be approximately 5,000-6,000 square feet and is proposed to be two stories in height. restricts dwellings to a maximum height of 30 feet as measured from ground level at the front of the dwelling. Planning Commission and it was explained that because of the lot layout, the front yard setback would take into account only the homes on either side of the subject property and a setback of 65 feet would be required. Mr. Zwicke He said the preliminary plan Continuing, Mr. Zwicke Planner Larsen said the Zoning Ordinance The front yard setback was discussed by the Public Comment Steven Gilmore, 5025 Scriver Road, said that he lives directly behind the existing dwelling on the subject property. He asked if the existing woods would be disturbed and when construction would start. inch oak tree, an old peach tree and pine tree would be removed for the building site but none of the remaining trees would be disturbed. Regarding commencement of construction, he said that is unknown at this time. I Mr. Zwicke pointed out that a 13 3/7/94 173 Council Comment/Action Mayor Richards asked Mr. Zwicke how he proposed to handle the reduction in special assessment for the Blake Road project that he had requested and been granted at the assessment hearing held in October, 1993, while anticipating the proposed subdivision. Mr. Zwicke argued that he would be assessed that indirectly in terms of added taxes for the new lot. Member Smith interjected that the special assessment had nothing to do with property tax or park dedication and had he known the full circumstances he would not have agreed to the special assessment reduction. Regarding the proposed subdivision, Mayor Richards said he had a concern about traffic safety considering that the northerly curb cut is located on the curve of the roadway. Further, that it may be premature to act upon this proposal when the adjacent Boos property to the north may undergo development in the near future. Member Rice said he concurred and recalled that when the Blake Road improvement project was discussed there were safety concerns relative to curb cuts and traffic capacity. Member Kelly asked if action on the proposed plat could be delayed so that further engineering opinion could be provided. Planner Larsen said there is an imposed time limit but staff feels it does not apply in this case because after the Planning Commission meeting Mr. Zwicke s'aid he would be out. of town and asked that the matter be tabled until his return, in effect waiving the normal time in which the Council must act. Attorney Gilligan confirmed that the time period is 120 days which has been waived by the proponent. Member Kelly asked Mr. Zwicke if he had a buyer for the new undeveloped lot and if delaying action would hold up a potential sale. Mr. Zwicke said no to the question. Mr. Zwicke said it is obvious that development of the property is not the concern but whether the Council feels the assessment was unfairly reduced. If there were a safety issue problem the angle of the road would have been changed when reconstructed. to give back the amount of the assessment reduction. proposal meets all the criteria for subdivision required by the Zoning Ordinance, no objection was raised by City staff previously, and the Planning Commission approved it. Mayor Richards made a motion to continue the hearing on preliminary plat for Holly Hill Estates to April 4, 1994, and to request the Engineering Department to come back with comments relative to the traffic issues and information on potential development of the property to the north and west. Motion was seconded by Member Rice. He said he was willing, upon final approval of the subdivision, He reiterated that the Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HEbRI19% DATE SET FOR PLANNING MATTER Motion was made by Member Kelly and was seconded by Member Smith setting March 21, 1994, as hearing date for the following Planning matter: 1) Unit District, R-1 to Planned Residence District, PRD-4 5014, 5016 and 5024 Halifax Avenue) Preliminary Rezoning - Planned Commercial District, PCD-4 and Single Dwelling (4101West 50th Street, Motion carried on rollcall vote - five ayes. *RESOLUTION ADOPTED RELEASING AGREEMEWJ! FOR PARKLAND DEDICATION RELATING TO PARKWOOD KN0Kl.S 21ST ADDITION by Member Smith for adoption of the following resolution: Motion was made by Member Kelly and was seconded RESOLUTION RELEASING PBBgzBND DEDICATION AG- PARKWOOD KNOW 21ST ADDITION I BE IT RESOLVED by the City Council of the City of Edina as follows: 3/7/94 174 1. Recitals. By Agreement dated July 24, 1972, (the "Agreement") and filed November 8, 1972, in the office of the Hennepin County Registrar of Titles as Document No. 1052064, Carl H. Eansen, Helen H. Eansen and Parkwood Knolls Construction Company entered into an agreement with the City of Edina relating to dedication of parkland or payment of money in lieu thereof. under the Agreement as they relate to Parkwood Knolls 21st Addition, Hennepin County, Minnesota, have been fully performed. 2. Parkwood Knolls 21st Addition from the Agreement and all obligations thereunder and authorizes the Hennepin County Registrar of Titles to remove the memorial of the Agreement from all Certificates of Title in Parkwood Knolls 21st Addition. The Mayor and Manager are authorized to execute such instruments and documents as may be necessary to evidence the release of Parkwood Knolls 21st Addition from the Agreement and the Clerk is authorized to file a certified copy of this Resolution in the Hennepin County Real Estate Record. I All obligations Release. The City of Edina hereby fully and absolutely releases said Motion carried on rollcall vote, five ayes. ORDINANCE NO. 1994-4 AMENDING CITY CODE BY REPEBLTNG PARAGRAPH R.4 OF SUBSECTION 1230.02 (AUTOHATIC TERMINATION OF PROVISION -WING PUSHCARTS IN TEE SON & FRANCE COMMERCIAL ARE4 AND PROVIDING LIMIT ON NUMBER OF PERMTS) ADOPTED ON SECOND REBDING Assistant Manager Hughes recalled that on February 22; 1994, the Council granted First Reading to Ordinance No. 1994-4 to repeal the sunset provision allowing pushcarts in the 50th & France Commercial Area. The Council asked the 50th & France Business and Professional Association to offer comments concerning pushcarts in the 50th & France Commercial Area and limitation on number of permits. The Association reviewed the proposed ordinance and would recommend that the total number of pushcarts allowed at any one time be limited to not more than six. adopt the ordinance as recommended. I Marty Rud, Association President, was present and encouraged the Council to - Hember Rice moved Second Reading and adoption of Ordinance No. 1994-4 as follows: ORDINANCE NO. 1994-4 AN ORDINANCE AMENDING THE CITY CODE BY RJZPEALING OF PROVISION BI;UIVING PUSHCARTS IN TEE 50TH & FRANCE COMMERCIAL AREA) AND PROVIDING A NEU PARAGRAPH B.4 OF PARAGRAPH B.4 OF SUBSECTION 1230.02 (AUTOHATIC TERMINATION SUBSECTION 1230.02 (LIMIT ON NUMBER OF PEBMTS) Paragraph B.4 of Subsection 1230.02 of Section 1230 of the C2ty Subsection 1230.02 of Section 1230 of the City Code is amended THE CITY COUNCIL OF THE CITY OF EDINA O€U)AIlVS: Code is repealed in its entirety. by providing a new paragraph 8.4 as follows: any one time shall not exceed six." Section 1. Section 2. "4. Section 3. The number of permits vhich may be in force under this Paragraph R. at This Ordinance shall be in full force and effect uponAassage and publication. ATTEST: ~ City Clerk Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. 3/7/94 175 CONCERN VOICED REGARDING GARBAGE REwovAL AND RELATED COSTS George Topor, 5709 Kemrich Drive, stated that he had asked to be on the Council Agenda to address the subject of garbage removal in Edina and its costs. He said Edina has an open hauling system whereby the residents can chose service from four licensed haulers. Certain other cities have organized hauling whereby bids are solicited and the bid is awarded to one hauler who provides the service to the entire city. Mr. Topor said that St. Louis Park residents under the one hauler system pay approximately $120.00 per year less than residents in Edina due in part to Edina's requirement for pickup at the garage. I Mr. Topor asked that the Council consider looking at Edina's present system with the goal of improving the service while lowering the costs, i.e. reducing garbage, increasing recycling, bi-weekly service, illegal dumping, incentive to haulers. Mayor Richards told Mr. Topor that the Council through the years had debated, discussed and held a number of views on Edina's system for garbage collection. One issue the Council has shown unanimity on is the open hauling system. There have been heated public hearings every time the issue of having a one hauler system has been considered. The Council has also debated the issue of whether collection should be at curb side or garage side, recognizing that there is added cost for garage side pickup, and has not had a unanimous opinion on that issue. Mayor Richards said it is important to continue to review how garbage is collected in the City which is being done by the Recycling and Solid Waste Commission on an ongoing basis. Mr. Topor suggested that the Council consider soliciting responses from Edina residents on the one hauler system versus open hauling system through a note with their water bills. Member Smith commented that he would not support polling the community. suggested that the Recycling and Solid Waste Commission discuss these issues and get input from the haulers. raised by Mr. Topor have been studied and the data would still hold as to quotes, etc. Member Paulus mentioned that about two years ago the issue of one hauler versus open hauling was studied in depth. The consensus of both the Council and the general public was not to get involved in a one hauler system as residents preferred to select their own individual haulers. He Member Rice observed that many of the questions Following lengthy discussion, Member Kelly made a motion that the Recycling and Solid Waste Commission look into the issues that have been raised by Hr. Topor and bring back recommendations to Council on April 4, 1994, based on facts and discussions with the licensed garbage haulers/recyler. Motion was seconded by Mayor Richards. Member Rice said he would support the motion with the proviso that the Commission first look at the 1991 report to see if there have been any changes relating to that data. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CONCERN VOICED REGARDING MASSAGE ORDIIUANCE REQUIREMENTS Mitchell Wherley, owner of Spalon Montage, 3909 West 49 1/2 Street, said he had asked to be on the Council Agenda to propose a change to Subsection 1340.02, Subd. 3, C. of the City Code which stipulates that no more than two persons licensed to perform massage shall perform such massage at any one time on the business premises. proposed would remove paragraph C-. entirely from the ordinance. Mr. Wherley said that Spalon Montage is a day spa as well as a full service salon and has experienced consistent growth. which includes massage because of the popularity of these services. pointed out even with anticipated expanded sales of massage the company would not The change They would like to expand their spa services Mr. Wherley 176 3/7/94 exceed the limitation of 25% gross revenue from massage required by the City's ordinance. I Member Rice asked Mr. Wherley what number of persons he would suggest could perform massage at any one time if the Council were inclined to change the ordinance. persons would be great. Mr. Wherley responded that raising the limitation to three or four Member Smith said he would agree to looking at the proposed change but would be uncomfortable with lifting the limitation entirely, It was the consensus of the Council that staff should.review the request, check with other cities who issue massage licenses as to their regulations, and bring recommendations back to Council on April 4, 1994. *BID AWARDED FOR CARPET FOR BRBEMBR CLUBHOUSE MUPJGES Kelly and vas seconded by Member Smith for award of bid for carpet for Braemar Clubhouse lounges to recommended low bidder, Anser's New Carpet Design, at $6,701.72. Motion vas made by Member Motion carried on rollcall vote; five ayes. PUBLIC HEARING HELD ON PERMIT APPLICATION TO KEEP EXTRB DOGS/CATS AT 4737 HIBISCUS AVENUE: STAFF TO PREPARE FINDINGS FOR APPROVAL Affidavits of notice were presented, approved and ordered placed on file. this is the first public hearing on a permit application to keep extra dogs and cats following amendment of the City's ordinance to establish such permit process. Mayor Richards stated that Presentation bv Armlicant William Wright, 4737 Hibiscus Avenue,istated that in order to have more than three dogs or cats in the aggregate as allowed by City ordinance, he had applied for a permit to keep three dogs and three cats as identified in the application. He noted that one dog (cockapoo) ran away and has been missing since November, 1993. - Mayor Richards asked Mr. Wright to characterize the animals and their habits. Mr. Wright stated that only one of the three cats goes outside and only for brief periods of time. The dogs are allowed out in the backyard which opens out to the lake. When out, the golden retrievers will bark if left out for any length of time or if some strange person or dog comes along. Public Comment Charles Hansing, 4741 Hibiscus Avenue, said he has lived at that address for 15 years, is directly north of the Wrights, and that over the years his various neighbors have had pets. Council which included comments on legal issues, property issues, ordinance questions, obligations of pet owners to neighbors. He argued that the ordinance grants special rights at the expense of others and does not provide equal rights for all property owners. Further, it places the burden of proof on the neighbor rather than the applicant. by their owner at all times or left unattended inside or out; especially barking dogs at certain times of the day. should set the rules and regulations and enforce compliance whether it be for one or six animals. non-compliance. Mayor Richards asked Mr. Hansing if he felt the permit to keep extra dogs/cats should be granted to the Wrights. Mr. Hansing said he felt this is a test case, that the issues he has raised should be addressed before action is taken on this He spoke to an outline which he presented to the Pets are really a nuisance if they are not controlled Mr. Hansing said that he felt the Council Also, that neighbors should not have to keep calling to report 3/7/94 177 permit. rights. would deal with barking dogs and other issues such as health. Member Rice said he agreed that the neighbors should not have to report nuisances; however, that is how the system works. violations. As to the permit, he said if granted it would impinge on his property Member Paulus interjected that the City has a nuisance ordinance that Someone has to call the City and report ordinance George Topor, 5709 Kemrich Drive, said he had not seen the ordinance but in listening to the testimony he wondered if there is anything in the ordinance about the number of complaints against a pet owner, over a specified period of time, that could result in a permit being suspended. Member Paulus called point of order and said further comment should be limited specifically to the matter of the permit application under consideration: Member Paulus made a motion that staff be directed to prepare findings for consideration by the Council on March 21, 1994, in support of granting the Urights a permit to keep the tvo dogs and three cats at 4737 Hibiscus Avenue as described in the application. Motion was seconded by Member Kelly. Member Smith asked what control the Council would have once a permit is issued. Attorney Gilligan responded that, as provided in the ordinance, the Council could impose conditions, i.e. if the ordinance were violated the permit could be pulled. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. REPORT GIWN ON SMOKE DETECTORS IN DWEILING UNITS Chief Paulfranz summarized his report dated March 3, 1994 on the subject of smoke detectors in dwelling units as follows. Minnesota do not have detectors, and of the 80 percent that do, only 30 percent of those detectors are operational. Of special concern is that the elderly are one of the high-risk groups. He said estimates indicaCe that 20 percent of the dwellings in Presently in Edina, smoke detectors are required by the Building Code in all new and remodeled dwellings. existing apartment and condominium buildings. A new project jointly sponsored by the Edina Rotary, the Local Fire Union, and the Fire Department is development of a smoke detector "give away" program. who cannot afford the equipment. The Fire Department has an inspection program for This project is designed to assist people Several areas of concern require more attention: 1. Public awareness and concern - particularly with battery replacement and testing . 2. Responsibility and authority of condominium associations. These associations should install, service and maintain all smoke detectors within their building. 3. 4. Detectors installed in existing R-1 dwellings should be "hard wired" design. Present State Statute prevents requiring this except in single family homes. Fire protection goals and key issues identified by the Governor's Council on Fire Prevention and Control should receive support. Member Smith asked if insurance companies reduce premiums as an incentive if dwelling units are hard wired. premium break for hard wired detectors versus battery operated, but insurance companies do give credit for homes with smoke detectors. to hard wired detectors is difficult but the Fire Department does encourages property owners to use hard wired detectors. required when a home is being remodeled extensively. Chief Paulfranz said he was not aware of a He noted that retro-fit Member Smith asked if this could be Chief Paulfranz said those 178 3/7/94 are required whenever a remodeling job is over $1,000 in value. Member Rice said he would support a change in State Statute that would require hard wired detectors in multi-unit buildings. general, owners of rental multi-unit properties go with hard wired smoke detectors because it reduces maintenance cost. The primary problem lies with condominiums where the Fire Department has to deal with multiple owners and there is no association to bring them together. No formal action was taken on the report. Chief Paulfranz said that, in REPORT PRESEZTFED ON WA" BREAKS/SBIQITARY SEWER BACKUPS: POLICY DISCUSSED Presentation bv Eneineer Engineer Hoffman recalled that at the last meeting the Council was advised of a recent major watermain break in the area of West 70th Streetflooddale Avenue with sanitary sewer backup occurring in a number of the area homes. Staff was asked to provide background information so a policy could be discussed. records for the past 14 years indicated that there were 256 watermain breaks and approximately 167 sanitary system plugs or malfunctions. due to a variety of causes and did result in property damage in some cases ranging from slight to severe. A review of These incidents were The watermain breaks usually occurred in the winter and breaks in the smaller six inch mains usually caused no damage. Staff could identify five large main breaks over this period and where damage did occur because of the high volume of water. Of the 423 water and sewer events, 47 claims were filed and sent to the City's insurance carrier; 22 claims resulted in some payment. caused no damage or only minor sewer backup in utility rooms resulting in no claim being submitted. The City carries liability insurance,:not property damage insurance. A review of insurance summaries from July 1980 to July 1990 indicated that all claims submitted to the City were for either property damage or water related incidents. Only 47 claims were identified resulting from sewer or water problems; however, staff believes some of the other claims listed as property damage may have been due to sewer/water problems. When watermain/sanitary sewer incidents occur the procedure is as follows: 1) 2) 3) 4) 5) 6) Most of the incidents I Department is notified of incident. Utility staff locates and corrects problem. If property damage occurred, staff advises the property owner to file the information with the City Administration Department. Administration advises the City's insurance company of the claim. Insurance company adjustor contacts City utility staff to determine what happened on the specific incident. Insurance company advises property owner as to acceptance or denial of the claim. Staff has contacted other suburban communities to ascertain how they dealt with similar situations. Most followed the same procedure; however, three suburbs hired a cleaning service for cleanup but did not pay for property replacement. One suburb paid for replacement property on a case by case basis. This was a newer suburb with very few incidents and piping system less than 30 years old. Staff would offer the following possible alternatives in establishing a City policy for this type of incident: 1) 2) Continue to follow past procedure. Adopt policy of paying for cleanup service for damages of $500 - $l.OOO without liability indemnification. 3/7/94 179 3) Adopt policy of paying for cleanup service for damages of $500 - $1000 4) Some other combination. Staff recommendation: insurance company. Staff also looked at the following two questions: with liability indemnification. Review issue and develop policy in concert with the City's I A. How is the City's liability determined? The City is covered for water related losses through its general liability policy. assessed to determine if the City was negligent in either design of the sewer/water systems or failure to maintain the systems adequately. is reviewed, the adjustor looks at design criteria, talks to the claimant and interviews City staff regarding work that has been done in the area of the system failure. In 95 percent of the claims the insurance company will pay some portion up to all of the claim if the City has done any work in the area around the time the loss occurred. If the City has done no work in the area the claim is usually denied. The City's liability is When a claim B. Is there an insurance product available for property damage coverage when the City is not liable? The City's insurance agent found that there is nothing in the market available for coverage of this type. find a company that could design a specific policy to cover property damage claims. City were interested in providing such coverage, it would be much more cost effective to self-insure for this type of claim. However, the City could probably Cost for this type of coverage would be extremely expensive. If the Public Comment Mayor Richards then called for public comment on the subject of the City's policy relating to private property damage. Specifically, should the City, without any I question of negligence or liability, adopt a policy that would pay for private property damage from the City's general fund? John Straub, 4520 Andover Road, spoke to his claim for property damage resulting from the recent watermain break on West 70th Street. on how the City's insurance company made their decision not to pay the claim. answer to the question of City policy, Mr. Straub said the City should not pay - the insurance company should pay. He asked specific questions In Dr. Ralph BOSS, 6901 West Shore Drive, said he had sewer backup from the watermain break on West 70th street. the past the City's insurance company has paid claims up to $1,000. the recent watermain break there were massive losses of up to $25,000. he felt the City should decide on paying for property damage on a case by case basis. According to the information presented, in However, in He said Virginia Schaefer, 4521 Andover Road, asked the amount of premium the City pays to the St. Paul Companies, what type of claims they pay and how many homes were involved in the recent watermain break. Staff responded that the premium is approximately $125,000 for general liability/automobile insurance combined, the type of claims paid in the past has varied, and that approximately 10-12 homes were affected by the recent break. Robert Backes, 4701 Dunberry Lane, told Council that they had significant damage from the recent break, approximately $25,000, because they were in the process of remodeling their basement. As to policy, he said at a minimum the City should pay for cleanup, and payment for damages should be considered on a case by case basis. I i80 3/7/94 Gayle Anderson, 7000 Wooddale Avenue, said she incurred a cleanup bill of approximately-$1,000. insurance carrier denied the claim. She said the City should carry insurance that would cover this type of private property damage, knowing these types of incidents occur. Ruby Boss, 6901 West Shore Drive, informed Council that their basement was inundated by the recent watermain break. obligation to pay for all damage costs in cases like this and that she would be willing to pay extra property taxes to take care of property owners who experience such losses. Both the City's insurance company and her homeowners I She said she felt the City has an Mark Ettinger, 7007 West Shore Drive, said he was affected by the recent watermain break and felt the City should assume responsibility on a case by case basis for the reason that the City may be improperly insured for this type of occurrence. Marisue Nibe, 4525 West 70th Street, told Council they had 10 inches of sewage in their basement from the recent break. was damaged and their cost just to get the sewage out was $2,095. She questioned whether the City was adequately maintaining the watermain system. The carpeting and most of the furniture George Topor, 5709 Kemrich Drive, suggested that the City consider a policy of self-insurance for these kinds of losses by spreading the cost of the annual "premium" among the total households in the City. Council Action Member Kelly made a motion that the matter of policy for utility incidents be continued to April 18, 1994, so that Council could reflect on comments that have been made and to allow staff to refine policy alternatives in concert with the - City's insurance company. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *F&YSIBILITP REPORT PRESENTED: HEARING DA!CE OF 04/04/94 SET FOR PARKLAWN AVENUE IMPROVEMENT EA-303 (CENTENNIAL TAKES PHASE 11) Motion was made by Member Kelly and vas seconded by Member Smith for adoption of the following resolution: RESOLUTION PROVIDING FOR PWLIC IIEARJXG ON C- IAKES PHASE I1 - P-WN AVENUE ROADWAY & BRIDGE IMPROVEMENT NO. EA-303 1. the feasibility of the proposed improvement described in the form of Notice of Hearing set forth belor, and as to the estimated cost of such improvement, 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, April 4, 1994, at 7:OO P.H. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. place and purpose of said meeting to be published in the official newspaper once a week for tvo successive weeks, the second of which publication is to be not less than three days from the &te of said meeting, and to mail notice to all affected properties in substantially the following form: The City Engineer, ha- submitted to the Council a prel3minary report as to The City Clerk is hereby authorized and dhected to cause notice of the time, (Official Publication) CITY OF ED= 4801 UEST SOTH STBEET EDIHB, MINNESOTA 55424 IENNEPIH COURTY, MINNESOTA 3/7/94 181 NOTICE OF PUBLIC HEARING CEWI'ENNIAL LAKES PHASE I1 - PARKLAWN AVENUE ROADWAY & BRIDGE IMPRO- NO. BA-303 The Edina City Council vi11 meet at the Edina City Hall on Monday, April 4, 1994, at 7:OO P.H. to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429: Centennial Lakes Phase I1 - Parklawn Avenue Roadway & Bridge The approximate cost of said improvements is estimated to be $2,047,616. The area proposed to be assessed for a portion of the cost of proposed improvements includes: Lots 1 thru 4, Block 1; Outlot A, Outlot B, and Outlot C, The Crescent at Centennial Lakes; and Outlot E, South Edina Development Addition. The properties are proposed to be assessed at $1.39 per square foot. Marcella 1. Daehn City Clerk Motion carried on rollcall vote, five ayes. *RESOLUTION ADOPTED DESIGNATING PARKLAWN AVENUE AS STATE AID STREET Motion was made by Member Kelly and was seconded by Member Smith for adoption of the following resolution: RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAY WHEREU, it appears to the City Council of the City of Edina that the street hereinafter described shall be designated a Hunicipal State Aid Street under the provisions of MWesota Law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina that the road described as follows, to-vit: be, and hereby is established, located, and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FORTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward tvo certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Edina, to be numbered and known as Municipal State Aid Street 174. ADOPTED this 7th day of March, 1994. Parklawn Avenue between France Avenue (CSAH 17) and York Avenue (CSAH 31) " ATTEST : Mayor City Clerk Motion carried on rollcall vote, five ayes. ON-SALE WINE LICENSE RENEUAIS APPROVED that staff would recommend renewal of on-sale wine licenses for the following restaurants: Q. Cumbers, Ruby Tuesday, Szechuan Star, Two Guys from Italy, Pizzeria Uno, Hawthorn Suites, The Tour Cafe, Ciatti's, Boundary Waters Restaurant, Good Earth Restaurant, Pantry Restaurant and Empress Restaurant. Assistant Manager Hughes advised Council Staff would further recommend that action on the license renewal for Mick's Southale be continued to March 21, 1994, because of concerns related to a recent inspection. Eric Olson, Fred Burstein and Associates, stated that he was local counsel for Mick's Southdale and had talked with Assistant Manager Hughes regarding the City's concerns with the recent inspection at which a 17 year old was served wine without asking age. He said Mick's is a first class organization, wants to be a 182 3/7/94 good citizen, is extremely concerned about the incident and wants to take any steps necessary to ensure that it will not be repeated. Mr. Olson said Mick's has authorized him to meet with City staff to discuss the incident, to work on any education necessary for Mick's employees to make sure it stays an isolated incident. Meniber Smith made a motion to approve on-sale vine license renewals for the following restaurants: Q.Cumbers, Ruby Tuesday, Szechuan Star, Two Guys from Italy, Pizzeria Uno, Hawthorn Suites, The Tour Cafe, Ciatti's, Dayton's Boundary Waters Restaurant, Good Earth Restaurant, Pantry Restaurant and Empress Restaurant, and to continue action on the license renewal for Mick's Southdale to the Council Meeting of March 21, 1994. I Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. APPORCRNZNT MADE TO COMMUNITY HEXLTH SERVICES ADVISORY COMMITTEE advised that Diane Klein Smith, 5836 Creek Valley Road, had applied for appointment to the Community Health Services Advisory Committee. on the Committee as a provider because she is a school nurse by profession. Mayor Richards She would serve Member Rice made a motion for consent of the Hayor's appointment of Diane Klein Smith to the Community Health Services Advisory Committee for a two year term to February 1, 1996. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *CLUB ON-SAIE AND SUNDAY LlcOUOR IZCENSE RENEW- APPROVED Motion vas made by Member Kelly and was seconded by Member Smith to approve club on sale and Sunday liquor license renewals for Edina Country Club and Interlachen Country Club. Motion carried on rollcall vote, fiee ayes. RICHFIELD INFORMATION MEETING ON AIRPORT 4-22 EXTENSION SCEEDUIXD FOR 08/10/94 Assistant Manager Hughes noted that the City of Richfield has scheduled an informational briefing regarding their review of the Revised Draft Environmental Impact Statement for the 4-22 airport extension. at 8:OO A.M. at Richfield City Hall and staff and elected officials have been invited to participate. Richfield is pushing for legal action to prevent the runway extension. Council Members planned to go they should so indicate. The meeting will be on March 10 He told Council that Planner Craig Larsen would attend and if CIAIHS PAID Member Smith made a motion to apprcnre payment of the following claims as shown in detail on the Check Register dated March 3, 1994, and consisting of 25 pages: General Fund $200.565.14; C.D.B.G. $1,035.00; Commrmication $21,782.35; Working Capital $4,396.25; Art Center $5,503.86; Golf Course $48,119.35; Ice Arena $4,341.07; Gun Range $872.30; Edinbormgh/Centermial Iakes $16,120.71; Utility E'und $277,793.94; Storm Sewer $5,198.10; Recycling $39,949.08; Liquor Fuad $41,289.29; Construction Fund $11,541.77; TOTAL $678,508.21. Motion was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:05 P.M. I *dL% UL City Clerk