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HomeMy WebLinkAbout19940606_regular256 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 6, 1994 I ROILCAJL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED by Member Rice to approve the Council Consent Agenda as presented with the exception of removal of Item V1.A. - Petition for Partial Release of Conservation Restriction, Mark Dalquist Addition - Set Hearing Date (6/20/94). Motion vas made by Member Kelly and vas seconded Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *mS OF REGULAR COUNCIL MEETING OF MAY 16. 1994 AND CLOSED COUNCIL MEETING OF MAY 16. 1994 APPROVED Motion vas made by Member Kelly and was seconded by Member Rice to approve the minutes of the Regular Council Meeting of May 16, 1994, and Closed Council Meeting of May 16, 1994. Motion carried on rollcall vote - five ayes. *HEARING DATE SET FOR PLANNING MATTER seconded by Member Rice setting June 20, 1994, as hearing date for the following planning matter: Motion was made by Member Kelly and vas 1) Motion carried on rollcall vote - five ayes. Final Development Plan and Preliminary Plat Approval for Lewis Ridge Townhomes - Lot 2, Block 1 and Outlot B, Lewis Ridge. CONCERN EXPRESSED FOR PEDESTRIANS CROSSING HALIFAX AVENUE AT 51ST STREET Seth Witts, 5113 Indianola Avenue, stated he had lived at that address for 54 years and was concerned that pedestrians attempting to cross Halifax at 51st Street are in danger because the Lunds building obscures the view of the traffic coming from France Avenue. comprised of families with young children. signal is not used because pedestrians will not walk that much further to cross. Mr. Witts said a STOP sign that would stop the traffic traveling westerly on 51st Street at that location would be helpful in averting tragedy. . He said the neighborhood has changed and the area is now The crosswalk at Halifax and 50th Sherry Burgdorf, 5012 Arden Avenue, said she formerly lived on Indianola Avenue and had' the same concern. The plan might be to cross at the light at 50th/France but that does not happen. Also, there is no sidewalk on the west side of Halifax and walking is especially dangerous in winter. to lessen the extreme risk in that location. Engineer Hoffman indicated that Traffic Safety Coordinator Swanson had looked at this area recently and suggested the issue be revisited at a future Council meeting. the issue will again be on the Council agenda. She asked that something be done Mayor Richards asked staff to notice Mr. Witts and Ms. Bergdorf when RESIDENT CONCERN REGARDING CLEAR VIEX/SPRUCE TREE AT 6200 CHOWEN AVENOE SOUTH Tim Davis, 6200 Chowen Avenue South, explained that on June 3, 1994, he was served with a notice of violation of Code Section 1405. branches of a blue spruce tree on his property obstructs the clear view of motorists at the intersection. for the following reasons: Specifically, the lower He stated he was opposed to the City's position 1) 2) The corner of 62nd and Chowen has a north/south STOP sign allowing a clear view of 62nd Street for motorists who stop. This is a low traffic neighborhood - he is aware of no accidents that have 6/6/94 257 occurred at this intersection. Trimming the tree would spoil the aesthetics of the tree. The University of Minnesota has told them that blue spruce trees need the lower branches to support upper branches that carry the weight of snow. Approximately 40 neighbors have signed a petition in support of their position that the tree be left alone. feel the tree obstructs their view. 3) 4) They use the intersection and do not Manager Rosland told Council that upon receipt of a citizen complaint staff had checked the intersection and found that the subject tree is in violation of the clear view ordinance. Mayor Richards suggested that the City Attorney advise Council as to what discretion the City may have under the ordinance and that the complainant be advised that the matter will be heard by the Council on June 20, 1994. Rice added that a report from Public Safety on the issues at the intersection would be helpful. Member Member Smith made a motion that the matter of the clearview violation at 6200 Chowen Avenue be continued to the meeting of June 20, 1994. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR STORM SEWER IMPROVEMENT NOS. STS-217. STS-228. STS-232. STS-233, STS-234. STS-235 & STS-236 (CONTRACT 94-31 Motion was made by Member Kelly and was seconded by Member Rice for award of bid for Storm Sever Improvements Nos. STS-217, STS-228, STS-232, STS-233, STS-234. STS-235, & STS-236 (Contract 94-3) to recommended low bidder, Dave Perkins Contracting, Inc., at $214,563.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR PARKLAWN AVENUE IMPROVEMENT BA-303 PHASE I Motion was made by Member Kelly and was seconded by Member Rice for award of bid for Parklavn Avenue Improvement No. BA-303 Phase I, to sole bidder, Midwest Asphalt Corporation, at $124,675.50. Motion carried on rollcall vote - five ayes. PARK BOARD RECOMMENDATION CONCERNING RAGERS TEEN DANCE ORGANIZATION AND REOUEST FOR PARTIAL P[TNDING BY COUNCIL CONTINIED TO JUNE 20. 1994 Park and Recreation Director Keprios explained that "The Ragers" is a group of dedicated volunteers organized by Dawn Kerrison who are working for a drug/alcohol free recreational activity for teenagers. In 1993, the City of Edina assisted this group to help them organize and implement teen dances that were held at the Lewis Engineering building site. Several months ago Ms. Kerrison approached the City asking for assistance to establish a more long lasting organization. Director Keprios said he had attended their meetings to help identify needs, establish a mission, bylaws and goals. The Park Board at their April meeting suggested that Ms. Kerrison attempt to form an organized board to see if there was enough community support to formalize a board of directors for The Ragers organization. At the Park Board meeting of May 10, 1994, Ms. Kerrison made a formal proposal to the Park Board and showed that there was a lot of support from the community to form a board. The Park Board recommended that the Council approve the acceptance of "The Ragers" as a bona fide incorporated association under the guidance of the Edina Park and Recreation Department and that the Park and Recreation Department provide services and support to the Ragers organization similar to that which is currently provided to Edina's youth athletic associations. include: 1) clerical (photocopying, typing, mailing), 2) professional Park and Recreation staff advisor to attend Board meetings, and 3) limited maintenance Services would 6/6/94 258 assistance. make a formal presentation to Council for financial support from the City. Director Keprios said Ms. Kerrison and members of the board would Dawn Kerrison presented the proposal of "The Ragers" Association as presented to the Park Board which inc1uded.a mission statement, goals and objectives for 1994. The group's mission is to plan, organize, promote and implement special recreation events that are fun and safe while at the same time are drug, alcohol and tobacco free for rising 7th through 12th grade students. 13, 14, and 15 year olds need a safe, common meeting ground for socializing during these difficult years when peer group pressure is at its peak. to meet this need, the Ragers dances were started last year. The City gave support on a dance by dance basis and the group secured the backing of many committed Edina parents, businesses and local organizations. It was found that all these efforts were worthwhile. place, but they were eager for that kind of experience. Ms. Kerrison emphasized that the current drug and alcohol problem among Edina teenagers is widespread. I She elaborated that In order Not only did the kids have fun in a safe Kathy Iverson, Ragers board member, past chair of the Edina Parent Communication Network, and member of the Edina Chemical Health Advisory Committee, gave statistics on chemical use in Edina as follows: Minnesota Student Health Sumey (Edina grades 6, 9 and 12 - Fall 1992) 1) Alcohol is the drug of choice. 2) 3) 4) Tobacco use is a gateway to the use of other drugs. Five percent of 6th graders, 14 percent of 9th graders and 36 percent of 12th graders report regular use of alcohol (at least once a month). Statistically, youth who begin drinking before age 18 are more susceptible to alcoholism. graders, 18 percent of 9th graders and 27 percent of 12th graders report regular tobacco use. Two percent of 9th graders and 11 percent of 12th graders report regular use of marijuana. Three percent of 6th 5) Ms. Iverson pointed out that Edina teenagers also socialize and develop friendships with others who live outside the Edina community. Student Health Survey for Hennepin County in 1989 indicated that 70 percent of 9th through 12th graders in Hennepin County have used alcohol - 38 percent drink at least once a month. problem affecting young people and that alcohol-related problems (DWI) and crime are their top concerns. The Minnesota Community leaders say alcohol use is the most serious At-risk indicators of a "Respecteen Survey1' for Edina grades 6 through 12 in the fall of 1993 reflected high percentages of daily cigarette use, frequent use of illegal drugs, vandalism and theft. Vandalism and theft frequently follow when teenagers have used chemicals. The Hennepin County Community Prevention Coalition has identified 12 problem areas regarding chemical use by youth in the County. specifically to the recreation needs of teens: 1) lack of chemically free activities for our youth, 2) inadequate role models or mentors for our youth, and 3) unclear community norms and standards for youth chemical use. Three of these relate In summary, Ms. Iverson concluded that the Ragers dances provide a model for hosting chemically free events that parents can adopt in their own homes when chaperoning teen parties. Ragers dances provide a chemical free event in the summer when no other teen activities are being held. role models and mentors for chemically free life styles in the form of the bouncers. out a message that we care about our kids and endorse a chemically free life m Ragers dances provide older Ragers dances also provide the opportunity for the community to send 6/6/94 -I 259 style for them. helping to hold down crime, insurance costs and taxes. Ragers dances provide a change in the norms of experience so that peer group pressure will be positive. Ragers dances provide our youth with the security of clear boundaries and guidelines. Ragers dances provide a cost savings to Edina taxpayers by Dawn Kerrison then explained the boundaries and guidelines for the proposed six Ragers dances in 1994 that would provide safety and fun for Edina's teenagers as follows. Attendees limited to 250, tickets must be purchased in advance, open to Edina 7th through 9th graders and pre-approved guests, rules of behavior will be posted and enforced, no use of alcohol/drugs will be tolerated at or prior to dance, no smoking permitted at dance. Fun Elements - dances will take place at off-beat location, parent chaperons not allowed inside dance, kids can drink their fill of root beer, dancing and music by disc jockey, bouncers are college students kids can look up to. Safety Elements - 20 parents will take tickets and chaperon, 10-12 paid bouncers will enforce behavior rules, kids cannot leave dance until parent/responsible adult picks them up, two police officers will deal appropriately with any chemical use by working with the Park and Recreation Director, the D.A.R.E. officer and The Ragers Board of Directors. Ms. Kerrison concluded by observing that although these goals are ambitious, they have learned from last year's success that they are attainable. To assure continued success, Ms. Kerrison said they need the support of the City Council. Bob King, The Ragers board member, asked the Council to approve the Park Board recommendation and to also provide funding in the amount of $5,000.00 in support of the preliminary Ragers 1994 Budget for six dances as follows: INCOME : Ticket sales ($6.50 per ticket, 150 tickets per dance, six dances) Insurance (nonrecurring) EXPENSES : Recurring: Mailing D.J. music Sanitation unit Police (off duty) Bouncers Printing Miscellaneous 2,580 2,070 660 1,470 1,500 408 120 TOTAL EXPENSES GAIN/LOS S Ms. Kerrison concluded the presentation by noting that teenagers $5, a05 $2,040 $8.808 $10, a48 ($4,998) in Edina are susceptible to the dangers of adolescence. While not drinking or using drugs themselves, they are watching and are being put into situations where they can get high on the excitement of seeing their friends get tthigh". Parents are worried about their kids, not because they are down on them, but because they are for them. That means for kids dancing, flirting, acting crazy and uninhibited, laughing, shouting and having a "blast"; for kids enjoying their music and feeling free to be themselves. these things and still be for kids seeing their parents in charge, for kids having a place to strengthen their convictions developed in D.A.R.E., for kids being kids but being safe from drug addition or being in the wrong place simply because there is no right place to go, for helping kids who want to make wise choices. The Ragers organization should be supported for all these reasons, it is well organized, has a creative yet common sense approach and with the The Ragers group believe they can be for all 6/6/94 260 Council's support can help kids bypass all the perils and pitfalls of adolescence. Council Comment Member Rice said that while he supported the program personally, as a Council Member he had reservations about tax dollars being used in this manner because to his knowledge, no public money support is given to other community organizations with similar goals, e.g. YMCA, Boy/Girl Scouts, ABC, churches, Camp Fire Girls, arts and theater groups. He said he understood the Park Board's recommendation and felt that the City has provided administrative support, help and guidance. Member Smith recalled similar type programs in the City over the years past and the various degrees of the City's involvement such as police officers, staff advisors, clerical or financial'. He said The Ragers organization should recognize that the philosophy in this community for athletic associations has always been pay as you go. outside influences that are not the same as today's adults experienced at that age. the Rager dances to get them established, costs for maintenance, rent and insurance fees should be the responsibility of the association. He suggested that The Ragers organization seriously consider potential funding through The Edina Foundation and other fund raising efforts. proposal, Member Smith said he had some concern with the number of kids that would be reached through this program for the $5,000.00 being requested from the City. He concurred that teenagers now are subject to Member Smith said that while he felt the City should invest some funds in Although in favor of the Member Paulus asked what the City's exposure would be concerning liability. Attorney Gilligan opined that the City should be shielded from liability if The Ragers organization remained a private association that would plan and organize the dances with only a financial contribution by the City. If the organization were put under the auspices of the Park and Recreation Department, the liability threshold may be crossed. Member Paulus said she questioned whether the Ragers dances are representative of the community's norms and values. She emphasized that parents must buy into this program more actively than merely buying a $6.50 ticket for an organization to babysit their child. Considering the numbers of parents who supply alcohol to their children for social purposes and the way the community reacts to alcohol use, the norms and values must be made stronger. a concern that only a small percentage of Edina's youth would participate in The Rager dances and would be judged as the "good kids". percentage of Edina's population do not have children and may not agree that $5,000.00 of public money should be used for this purpose. If Council approves this "seed" money to The Ragers organization, Member Paulus said the Board should be challenged to pay back the $5,000.00 one year from now. Member Paulus said it was important that the community see that students and parents are buying into this by their fund raising efforts and she would support the request on that basis. Member Paulus said she also had Further, the greatest Member Kelly commented that there are many opportunities within the City for children to see role models with clear standards and to participate in chemical free activities, e.g. dances sponsored by the schools, churches, and the "Yl'. She said she could not support the proposal as she felt the parents should get behind the existing youth dances and not establish yet another organization for participation by approximately 150 students. taught responsibility by attending two-hour dances six times a year and could not justify the $5,000.00 for this program. Further, that young people are not Mayor Richards said that, although he believed that those who benefit from a 6/6/94 261 program should pay for it, he felt the Ragers dances is a healthy concept and deserves support, not unlike other programs through the City's Park and Recreation Department. He suggested that it be funded by a joint effort with $5,000.00 from City funds and $5,000.00 from the users, with public funds allocated on a dance by dance basis. be mindful of the rules by which the dances will be conducted so as to be consistent with the past. Mayor Richards added that we also need to Public Comment Speaking in support of The Ragers dances and in response to the Council comments were: Erin Brown, 9th grader at Southview Middle School; Ann Hutchins, Chemical Health Coordinator at Blake School; Art Novak, 4225 Alden Drive; Betsy Flaten, 4601 Lakeview Drive, Chemical Health Advisory Committee Chair; Chad Kerrison, St. Thomas Academy; Erin Zachman, 8th grader at Valley View Middle School; Denise McNaught, 5902 Olinger Road; Rene Gamin Brown, 4620 Woodland Road; Cammy Kerrison, 7th grader at Valley View Middle School; Vince Barrett, 4608 Arden Avenue; Katy Lorenz, 8th grader at South View Middle School; Mark Lande, 9th grader at Breck School; Jan Buth, 4700 Sunnyside Road; Denise Golden, 5712 Camelback Drive; and Ben Dillon. partnership in the program and telling Council that The Ragers organization is willing to be creative in the use of any funding from the City. Bob King concluded by asking for the City's Council Action Member Smith said he would like to see this proposal go forward with the parameters suggested by Council, to be established by staff. Member Kelly said she had worked on the problem of youth/drugs/alcohol for many years, has seen money from the school district, county and the city being used and the problem has not gotten better. However, if the Ragers dances are the magic to solve these concerns, she would not object to some funding by the City. She emphasized that young people, together with their parents, need to take some responsibility for themselves and not expect the City to solve these problems. Member Paulus said she agreed with Member Smith that this be approved now and that the total. funding requested be made available by the City rather than allocated on a dance by dance basis so that The Ragers board can proceed with their planning for all six dances without further delay. because of the energy being invested, a subcommittee of parents work to broaden this effort beyond just the dances, i.e., into the schools and the D.A.R.E. program. Mayor Richards reiterated that he felt the funding requested from the City should be allocated on a dance by dance basis. She suggested that Member Smith made a motion that The Ragers organization, working with City staff, bring back a report to the City Council on June 20, 1994, on the following issues: 1) legal and organization matters, 2) site location, 3) dance rules of conduct, and 4) budget and funding for all six Rager dances proposed for 1994, for consideration by the Council to (i) accept "The Ragers" as an association under the guidance of the Edina Park and Recreation Department, and (11) to provide funding in the amount of $5,000.00 for the 1994 season. Motion was seconded by Member Kelly. Member Rice said he would not support the motion for the reasons he had given earlier. organization. Ayes: Kelly, Paulus, Smith, Richards Nays: Rice Motion carried. He offered personally to match the first $500.00 that is raised by the 6/6/94 . -.- - 2 6 2 PUBLIC HEBRMG HELD: AREOWHEAD LaKE FISH STOCKING/AERATION EOUIPMENT IMPROVIDENT Presentation bv Assistant Citv Manager Assistant Manager Hughes advised that a request had been received from the Arrowhead Lake Improvement As.sociation to undertake the stocking of Arrowhead Lake with game fish and the installation of an aeration system. public hearing providing background information and cost estimates for the project was mailed to all lakeside property owners. NO. AQ-94 ORDERED I A notice of The proposed aeration system is similar to the system which was installed in Indianhead Lake several years ago. to prevent the winter-kill of fish due to depleted oxygen levels. suppliers claim that aeration systems reduce aquatic weed and algae growth, a recently completed study by the Minnesota Department of Natural Resources with the assistance of the University of Minnesota and Barr Engineering Company found little evidence to support this. The principal benefit from such a system is Although some The exact composition of game fish which will be stocked in Arrowhead Lake has not been determined; presumably, it will be a combination-of bass and bluegills. Since there is no public access to Arrowhead Lake, the stocking program will provide recreational fishing for lakeside homeowners and their guests. The estimated cost for stocking and aeration is $12,000.00 proposed to be assessed back to the 31 lakeside homeowners. As part of this year's treatment program, the City has contracted for the harvesting of aquatic weeds in Arrowhead Lake at an estimated cost of $3,500.00. In order to provide access for the weed harvester, the City constructed a ramp and channel at the south end of the lake at a cost of $8,792.00. remaining one-half to be assessed against lakeside residents. In order to defray the cost of this year's work, the City proposes to spread the cost of the aeration/stocking and the access ramp/channel over two years. Therefore, if the stocking/aeration project is approved, each lakeside property owner would bear a 1994 assessment of approximately $380.00. One-half of this cost was paid by the City with the In the past, such assessments have been equal for each dwelling unit. homeowners have suggested that a more equitable assessment would be based on the amount of shoreline owned by each individual home. very large assessment against one undeveloped property which joins the northeasterly portion of the lake. on a dwelling unit basis would be most appropriate. Some Such a method would provide a Given this circumstance, an assessment levied If the project is authorized, installation of the aeration system and fish stocking would take place this summer. Assistant Manager Hughes reported a phone call from David Halla, for his mother Mrs. Selmer Halla, who wished to go on record opposing the project. Also, a letter dated May 31, 1994, was received from Lee Heutmaker, 6429 Margarets Lane, supporting the project and asking the City to consider funding a portion of the weed-cutting process. Public Comment John McCauley, 6416 McCauley Circle, spoke to his letter in objection to the project. not sustain fish. The proposed project would just be an added expense for the homeowners on the lake. He agreed that the weed cutting is fine but fish stocking and aeration would not improve the water quality or enhance the lake. He said Arrowhead Lake is only seven feet at the deepest point and will Mark Peterson, 6604 Indian Hills Road, President of Arrowhead Lake Improvement Association, said the proposal is a result of a committee study that found in 6 /6 /-9 4 263 addition to the weed-cutting, fish stocking and aeration would provide additional assistance in maintaining water quality. All 31 association members were surveyed resulting in overwhelming support for the project. Also speaking in support of the project were Peter Calott, 6405 McCauley Circle; Allen Cater, 6316 Post Lane; and Henry Prevot, 6728 Indian Hills Road. Member Kelly made a motion to adopt the following resolution: ReSOLUTION ORDERRJG FISH STOCKING/AERATION EQUIPHE" IMPROVEMENT NO. AQ-94 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be mailed to owners of each parcel within the area proposed to be assessed on the folloving proposed improvement: and at the hearing held at the time and place specified in said notice, the Council has duly considered the vievs of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for such construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as FISH STOCKING/AERATION EQUIPMENT IMPROVEMENT NO. AQ-94 and the area to be specially assessed therefor shall include all dwelling units abutting Arrowhead Lake on a per unit basis. Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. FISH STOCKING/AERATION EQUIPMENT IMPROVEMENT NO. 84-94 PUBLIC HEARING HELD: DOG AT 6400 MCCAULEY CIRCLE DECLARED POTENTIALLY DANGEROUS Presentation bv Chief of Police Chief Bernhjelm reported that residents of 6309 Post Lane by letter dated May 2, 1994, to the Animal Control Officer asked that the dog at 6400 McCauley Circle be destroyed as a dangerous animal. Animal Control Officer Elasky investigated and verified one bite and five to seven incidents when the dog threatened people off its om property. Peter and Rosemary Recht, 6400 McCauley Circle, owners of the dog, have taken some preventative steps and feel the dog will no longer be a problem. The dog meets the definition of potentially dangerous dog. potentially dangerous would put the owners on notice that further attacks would result in a dangerous dog hearing with strict penalties if substantiated. potentially dangerous designation carries no immediate penalties. Declaring the dog The Staff would recommend that the border collie at 6400 McCauley Circle be declared a potentially dangerous dog under Minnesota Statutes, Chapter 347. Response bv Owner Peter Recht, 6400 McCauley Circle, said they have had the dog for four years and there were no complaints until the property across the street was developed. Because prior to that they had taken the dog to run on the undeveloped property, the dog became confused about his boundaries. Mr. Recht told Council that since the complaint, they have taken steps to rectify the situation by installing an invisible fence, restraining the dog at all times and taking him to walk at the park. He asked the Council to delay the dangerous dog designation and give the dog another chance to prove himself. Mr. Recht said they are concerned about erroneous complaints because there are other dogs in the neighborhood. An unidentified neighbor stated he has lived across the street from 6400 McCauley Circle for seven years and has never seen the dog. 6/6/94 264 Mike Bloomquist, 6309 Post Lane, read a letter from Larry Hauge, 6305 Post Lane, listing several encounters with the subject dog. his complaint letter dated May 2, 1994, regarding three attacks by the dog on workers which occurred during construction of his home. for the safety of his two small children when they are outdoors. Mr. Bloomquist then spoke to He said his concern is Monica Flynn, 6312 Post Lane, said she was appearing as a character witness for the dog which she has known for some time. problem for her family or grandchildren. She said the dog has never caused any Member Paulus stated she would not take part in the discussion and would abstain from voting on any action. Member Rice introduced the following resolution and moved its approval: WHEREAS. the Council of the City of Edina, Minnesota, has heretofore caused notice of hearing to be mailed pursuant to Edina City Code 300.17, Subd. 5.B and at the hearing held at the time and place specified in said notice has considered the views of all persons interested and has been fully advised of the pertinent facts; NOW THEREPORE, BE IT RESOLVED that this Council does hereby declare the border collie at 6400 McCauley Circle to be a potentially dangerous dog pursuant to Minnesota Statutes, Chapter 347. Motion was seconded by Member Kelly. DECLBRBTION OF POTENTIALLY DANGEROUS DOG Rollcall : Ayes: Kelly, Rice, Richards Nays: Smith Abstaining: Paulus Resolution adopted. PROPOSED SERVICE DELIVERY PLAN FOR STOREFRONT/YOUTH ACTION APPROVED Jan Buth, Human Relations Commission (HRC) member, reported that the Commission had received a letter dated April 18, 1994, from Mary Ellen Barrett, Executive Director of Storefront/Youth Action (SYA) with a proposal for a service delivery plan that would be more responsive to the needs of Edina children and families. Ms. Buth explained that the during the past several years the City has made an effort to more clearly identify the needs of its citizens by targeting the funding it provides. services only at the office of SYA. This has imposed the restriction to provide counseling The proposal would facilitate a quicker response time for families needing service and tie into the school-based problem identification process now in place by allowing children and families to be seen at a school site. reduce the incidence of families not following through on recommended referrals. It would also After study and discussion, the HRG voted to recommend support for the proposal as follows: "Solution oriented family counseling to be delivered in a flexible manner either at the school, in the home or at the SYA offices. Problem identification and treatment planning will drive the delivery of services. I' Ms. Buth said that other agencies, such as Adolescent Health Task Force, the Community Services Priority for Youth and Families, support implementation of an integrated funding strategy by collaborating site based service delivery between the City, Edina Schools, and other agencies. Ms. Buth asked the Council to approval the recommendation of the HRC to support the proposal by SYA on a trial basis for September through December. 6/6/94 265 Member Kelly said she had a concern about SYA’s accountability for use of City funding and questioned if that would still continue under the proposal. Ms. Buth reminded the Council that when the yearly requests for funding are presented to the HRC for review and recommendation, that issue is discussed. Member Smith made a motion to approve the recommendation of the Edina Human Relations Commission that solution oriented family counseling be delivered in a flexible manner either at the school, in the home or at the SYA offices, with problem identification and treatment planning driving the delivery of services. Member Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. UPDATE GIVEN ON 1995 CULTURAL AWARENESS EVENT Commissioner (HRC), told Council that the committee planning the 1995 Cultural Awareness Event met on May 5, 1994, to brainstorm proposals. After looking at minority demographics, available resources, and minority issues in the community, ‘Asian Culture’ was proposed as the theme. The schools have been approached and the response has been very positive. Betsy Flaten, Human Relations They plan a two day event that may include an evening dinner followed by a theater show and guest speakers, and an afternoon snack with story telling and cultural related performances. Exact program format and dates are yet to be determined. Some suggestions to accompany the programs are: 1) human rights awards to schools, 2) student presentations on Asian cultural topics, and 3) community speakers and performers. Volunteers will be solicited to coordinate various functions. Ms. Flaten said they would welcome any input from the Council on planning the event. Specifically, she asked the Council Members to give the committee names of individuals that could assist with private fund raising for the event. %ARBAGE COLLECTION SURVEY REPORT PRESENTED vas seconded by Member Rice to accept the report of the Recycling and Solid Waste Commission on the proposed garbage collection survey vhich recommended no Council action at this time. Motion vas made by Member Kelly and Motion carried on rollcall vote - five ayes. APPOINTMENTS TO COMMUNITY EDUCATION SERVICES BOARD CONTINUED Mayor Richards announced that appointments to the Community Education Services Board would be on the Council agenda for June 20, 1994. *ACTION RESCINDED ON ACCEPTING LOCAL GOVERNMENT UNIT AUTIIORITP FOR 1991 WETLAND CONSERVATION ACT RESCINDED Motion was made by Member Kelly and was seconded by Member Rice to rescind the action taken March 21, 1994, accepting Local Government Unit (LGU) Authority for administration of the 1991 Wetland Conservation Act as Nine Mile Creek Watershed District has agreed to be the LGlJ Authority for wetlands within the District. Motion carried on rollcall vote - five ayes. *3.2 BEER LICENSE APPROVE FOR NORMANDALE GOLF COURSE Motion vas made by Member Kelly and was seconded by Member Rice approving the issuance of a 3.2 beer license to Normandale Golf Course. Motion carried on rollcall vote - five ayes. 1995 BUDGET ASSUMPTIONS MEETING CAI;LED FOR .JUNE 20. 1994 tentative date of June 20, 1994, prior to the regular Council meeting had been set to review and consider th,e 1995 Budget assumptions. Manager Rosland said a 6/6/94 266 Member Paulus made a motion to call a Special Meeting on June 20, 1994, at 5:30 P.H. to consider 1994 Budget assumptions. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Kelly seconded the motion. *I?EASIBILI!L'Y REPORT PRESENTED: HEBRMG DATE OF JDNe 20. 1994. SET FOR COUNTRY CLUB SIDEWALK RENOVATION Motion was made by Member Kelly and was seconded by Member Rice for adoption of the following resolution: RESOLUTION PROVIDING FOR PUBLIC HEARING ON COUNTRY CLUB SIDEWALK REPLACEMENT IMPROVEMENT NO. S-66 1. the feasibility of the proposed Sidewalk Replacement 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, June 20, 1994, at 7:OO P.M. 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 which 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: (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET EDINA, MINNESOTA 55424 The City Engineer, having submitted to the Council a preliminary report as to The City Clerk is hereby authorized and directed to cause notice of the time, I NOTICE OF PUBLIC HEARING SIDEWALK REPLACEMENT IMPROVEMENT NO. S-66 The Edina City Council will meet at the Edina City Hall on Monday, June 20, 1994, at 7:OO P.M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvement is estimated as set forth below: The approximate Estimated Cost SIDEWALK REPLACEMENT IMPROVEMENT NO. S-66 $233,088.76 The area proposed to be assessed includes all properties in the Country Club District, Brown Section and Fairway District. Marcella M. Daehn City Clerk Motion carried on rollcall vote - five ayes. HEBRIETG DATE OF JUNE 20. 1994 SET FOR PETITION FOR PARTIAL RELEBSE OF CONSERVATION RESTRICTION ON MARK DALQUIST ADDITION Patrick Manthei, 6413 Interlachen Boulevard, said they asked that this item be removed from the Consent Agenda because the conservation restriction was the pivotal issue in the hearings on the development of the Dalquist property. to justify re-examine the issue and no public hearing on the petition should be allowed. when concerned neighbors would be available and not away enjoying the short summer. He argued that nothing has changed If Council allows a public hearing, he suggested it be held in the fall Planner Larsen explained that the City's normal process is being followed with this petition, i.e. setting a hearing date, publishing twice and mailing notice ten days in advance of the hearing to affected property owners. staff would recommend that notice be sent to all property owners who were noticed for the hearing on the Dalquist plat. A conservation restriction was applied on these lots as a result of the plat and the developer is asking for vacation of a portion of that restriction. Attorney Gilligan stated that a hearing must be In this case 6/6/94 267 held with the filing of a petition. Following discussion as to hearing date, Member Kelly made a motion setting June 20, 1994, as hearing date for the petition for partial release of the conservation restriction on the Mark Dalquist Addition. Member Paulus. Motion was seconded by Betsy Robinson, 5021 Ridge Road, suggested that the hearing be held on July 18, 1994, as the same neighbors concerned with the Dalquist plat would be in attendance at that time because of the hearing on the Parkwood Knolls 24th Addition. Member Paulus commented that the normal process is being followed for the petition and that Council has never sought community consensus on setting a hearing date. Mayor Richards then called for vote on the motion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HEARING DATE OF JULY 5. 1994, SET FOR PETITION TO VACATE ALLEY SOUTH OF WEST 50TH STREET AND WEST OF HALIFAX Motion was made by Member Kelly and was seconded by Member Rice for adoption of the following resolution: RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEMENT FOR ALLEY PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. following described easement for alley purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 312.851 and 160.29: It is hereby found and determined after receipt of a petition that the That part of the north half of the Alley dedicated in Block 1, STEVEN'S 1ST ADDITION TO MINNEXPOLIS, according to the recorded plat thereof, Hennepin County, Minnesota, lying easterly of the southerly extension of the west line of the east 20.00 feet of Lot 2, said Block 1 and lying westerly of the southerly extension of the west line of the east 5.00 feet of Lot 1, said Block 1, and That part of the south half of said Alley in Block 1 lying easterly of the northerly extension of the west line of the east half of the vacated alley in said Block 1 and lying westerly of the northerly extension of the west line of the east 5.00 feet of Lot 7, said Block 1. This Council shall meet at the time and place specified in the form of notice 2. included in paragraph 3. hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun-Current, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (Official Publication) NOTICE OF PUBLIC HEARING ON VACATION OF ALLEY IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE IS HERJZBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on July 5, 1994, at 7:OO P.M. for the purpose of holding a public hearing on the proposed vacation of the following alley: 6/6/94 268 - (Same legal description as in paragraph 1. above) All persons who desire to be heard with respect to the question of whether or not the above proposed alley vacation is in the public interest and should be made shall. be heard at said time and place. The Council shall consider the extent to which such proposed alley vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of ay person, corporation, or municipality owning or controlling electric, telephone, or cable poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Marcella M. Daehn, City Clerk I Motion carried on rollcall vote - five ayes. *PETITION FOR SIDI3WAI.K ON VBI;LEY LANE REFERRED TO ENGINEERING DEPARTMENT Motion vas made by Member Kelly and was seconded by Member Rice to refer the petition for sidewalk from 5501 Valley Lane to existing sidewalk at the west end to the Engineering Department for processing. Motion carried on rollcall vote - five ayes. AUFDERHEIDE LITIGATION SETTLED settlement conference was held regarding the Aufderheide litigation on May 23, 1994 at Duluth. together with Planner Larsen and Attorney Gilligan. Aufderheide would not agree to dismiss the lawsuit with prejudice and would not give up the right to apply for a larger satellite dish and thereby challenge the City's ordinance. The parameters of the settlement were that the City would pay attorney's fees of $36,000.00 (agreed to by the City's insurance company) and the lawsuit would be dismissed with prejudice. Mr. Aufderheide could apply for a 10 foot dish and agreed to abide by the decision of the Council on such application. Attorney Gilligan informed Council that a Member Kelly attended as representative for the Council, The holdup had been that Mr. I CLAIMS PAID claims as shown in detail on the Check Register dated June 1, 1994, and consisting of 37 pages: General Fund $300,969.91; C.D.B.G. $6,474.00; Connnmication $1,591.95; Working Capital $8,146.98; Art Center $11,364.07; Swimming Pool $1,974.48; Golf Course $59,327.41; Ice Arena $17,358.31; Gun Range $164.95; Edinborough/Centennial Lakes $22,957.92; Utility Fund $299,027.34; Storm Sewer $3,110.22; Recycling $39,779.77; Liquor Fund $110,776.59; Construction Fund $43,205.26; TOTAL $926,229.16. Motion was seconded by Member Smith. Member Kelly made a motion to approve payment of the following 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 10:20 P.M. City Clerk