Loading...
HomeMy WebLinkAbout19940620_regular275 MINUTES OF THE REGUTAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HAIL JUNE 20, 1994 R0T;LCAI;L. Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve and adopt the Council Consent Agenda items as presented. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOLUTION OF COMMENDATION ADOPTED - EDINA HIGH SCHOOL 1994 GIRIS' GOLF !FEAH Motion of Member Paulus was seconded by Member Kelly and carried unanimausly for adoption of a Resolution of Commendation for the Edina High School 1994 Girls' Golf Team. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF THE REGULAR COUNCIL MEETING OF ,TUNE 6. 1994. APPROVED Motion vas made by Member Smith and vas seconded by Member Kelly to approve the minutes of the Regular Council Meeting of June 6, 1994. Motion carried on rollcall vote - five ayes. PUBLIC HEARING HELD: SIDEWAIX IMPR0V"T NO. S-66 ORDERED (COUNTRY CUJB DISTRICT1 Affidavits of Notice were presented, approved and ordered placed on file . Presentation bv Engineer Engineer Hoffman stated that staff is reviewing all sidewalks in the City for Americans with Disabilities Act (ADA) compliance and compliance to City Ordinance 1200 regarding sidewalk maintenance. Staff has completed the ADA requirements relating to curb ramps in the Country Club District. curb and gutters in the Country Club District next spring prior to sealcoating the streets. this season. The intention is to repair Therefore, it would seem prudent to do any needed sidewalk repair The sidewalk panels proposed for replacement were marked earlier and obviously this is a subjective process. marked panels should be replaced, with the remaining twenty percent being replaced for overall appearance of the District. The City conducts these replacement projects about once per decade so some panels were judged not to be adequate to last the next ten years. Staff believes that at least eighty percent of the This project would be similar to projects completed in 1967, 1973 and 1985 in the Country Club District. broken into three categories: Mark panels for replacement in violation of Ordinance 1200 (greater than 1/2 inch vertical separation); approximately 40 percent of the panels. Mark panels for replacement which have less than 1/2 inch vertical separation but not even with adjoining panels (approximately 35 - 40 percent). (approximately 20 percent). these panels. Upon examination the condition of the sidewalks were 1. 2. 3. Mark panels for replacement which are cracked, spalled surface or uneven Most comments by residents have been about 6120194 Staff believes that the project should be done for the following reasons: 276 A. Liability - pedestrians tripping on the sidewalks. B. Maintain Edina as a premier community according to the City's Mission Statement. C. Repairs should be completed prior to curb/street renovation in 1995. I The estimated cost per lot is $365.59 proposed to be assessed over a three year period. In 1985, the assessment was $321.00. Several callers suggested that, each lot be assessed individually as opposed to spreading the cost over the District. areas of the City. that the City assess all projects over the entire District and that process has been followed for the Country Club District. Normally, lots are assessed individually for improvements in all other However, in the 1960's the Country Club Association suggested Council Comment Member Paulus stated that although she lives in the Country Club District, she did not believe this issue to be a conflict of interest and she intended to participate in the discussion and vote on the proposed sidewalk project. objection to Member Paulus' statement was heard. No Member Rice asked if residents in the Country Club District could do their own sidewalk replacement and if they would be given credit for that. Hoffman said they would be given credit if they could document the work that was done. Engineer Public Comment Duncan Burns, 4523 Arden Avenue, commented that some of the panels dated 1985 appeared perfect yet were marked for replacement. He questioned the criteria used by staff in marking the panels and therefore was against the project in total. Bob McLane, 4527 Arden Avenue, submitted that this is a project without need except for those sidewalk panels that are hazardous to pedestrians. He proposed that such expenditure of energy and resources is environmentally damaging, and that more potential for public life safety would be achieved if such expenditure were dedicated to laying sidewalk in areas not so served today. Greg Bruns, 4612 Bruce Avenue, stated that panels should be replaced if there is a safety issue or they are a real trip hazard and not because of a few cracks. He also objected to homeowners asking that certain additional panels be replaced because this would add to the amount of cost assessed against all properties in the District. Engineer Hoffman explained that although some marked panels may have less than 1/2 inch vertical separation there is. the potential that they will become a tripping hazard within the next few years because of freezing and thawing during winter months. It was noted that letters in objection to the project were received from Barbara Vlaming, 4525 Bruce,Avenue; Robert C. McLane, 4527 Arden Avenue; David and Sally Delahanty, 4624 Bruce Avenue; Joseph Klugman, 4601 Browndale. Letters from Michael G. Burnett, 4514 Wooddale Avenue, and R. Duncan Sinclair, 4200 Sunnyside Road, requested that only panels that are a hazard be replaced. Jeffrey N. Saunders, 4614 Bruce Avenue, objected to the proposed assessment method and suggested that costs be assessed based on lineal feet of sidewalk. Thomas J. Hogan, 4908 Bruce Avenue, wrote in support of the project. Donald Geesaman, 4606 . Drexel Avenue, wrote that they replaced sunken sidewalks on their property in October, 1992, and asked for concession for that contribution. 6/20 194 277 Member Rice introduced the following resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as SIDEWALK IHPROVEHENT NO. S-66, and the area to be specially assessed therefor shall include all of the Country Club District, Fairway and Brown Sections. Motion for adoption of the resolution was seconded by Member Kelly. RESOLUTION ORDERING SIDEWU IMPROVEMENT NO. S-66 SIDEWALK IMPROVEMENT NO. S-66 Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PARTIAL RELEASE OF CONSERVATION RESTRICTION FOR MARK DALOUIST ADDITION DENIED Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen reminded Council that on February 1, 1993, the Mark Dalquist addition received final plat approval for a four lot subdivision located west of Schafer Road and south of Interlachen Boulevard. At that time the Council imposed a conservation restriction on the plat covering an area 100 feet up from the ordinary high water mark of the two ponds located on the north and south of this property that affected the lots within the subdivision. received a petition requesting a partial release of the conservation restriction, i.e. the upper 50 feet on both sides of the new street designated as open space area, to create more buildable area for each lot. residual 50 foot restriction for each lot would remain as a natural condition area in which nothing could be altered. remain designated as open space area (yard with no buildings). The City has The first 25 feet of the The second 25 feet for each lot would Presentation bv ProDonent Ron Clark, Ron Clark Construction, Inc., presented a graphic depicting proposed building pads for homes on the four lots in the allowable building area and the difficulty he has experienced in attempting to build on the lots. release of 50 feet of the conservation restriction would allow these lots to become buildable. the street and two story homes on the rear lots) are homes they have built over and over again in the last five years and represent the type of homes customers are looking for; but do not fit on these lots. Mr. Clark said that since the plat was approved, they have met with 20 - 23 people, of these they have attempted to design homes for nine. buildable area the homes end up undesirable because the rooms are small. He said if these had been four pre-existing lots not subject to the subdivision process a conservation restriction of only 50 feet from the ordinary high water mark would have been required. sited within 25 to 50 feet of wetland areas. all lots in the subdivision exceed the median lot area and run in size from 1.25 to 1.5 acres and in looking at the ratio of building coverage to land there is a lot of room on these lots. The partial He explained that the proposed homes (ramblers on the lots off When plans are laid out to scale on the He observed that in the general vicinity, many homes are Mr. Clark concluded by stating that Member Rice informed Council that he had inquired of Mr. Clark at a social event 6 120 / 94 278 how building was not well because going on the Mark Dalquist Subdivision and the buildable areas were too restrictive. Mr. Clark had said Member Rice said he had encouraged Mr. Clark to bring this back to Council as he felt it was not the Council's intent to design a subdivision that was unbuildable. Member Rice said he had anticipated some minor adjustments and was astounded that the conservation restriction release request was for 50 feet which he would not support. Public Comment Ed Glickman, 5217 Schaefer Road, asked Mr. Clark what has changed in the last 16 months. approximately 22 potential customers. about it and to try to sell an 1800 to 2000 square foot home is not what people are looking for there. He said he had made a mistake in thinking he could work with the imposed conservation restriction. Mr. Clark responded that it was his experience in meeting with That area of Edina has a certain I'air'' Continuing, Mr. Glickman stated he would speak to two issues regarding this petition: procedural and substantive. Procedural - 1) The law for vacation of easements requires that a petition be brought by the majority of the property owners affected by this requested change. Inc. petition. notice was posted on June 10, 1994, four days short of the required time. The notice was published on June 1, 1994 (14 days before the hearing). However, Council met on June 6, to set the public hearing for June 20, 1994. Neighbors who attended the June 6, 1994 meeting gave numerous reasons to not hold the hearing on June 20, but the Council did set the hearing date for June 20, 1994. He alleged that staff had not followed proper procedure to hear this petition. Substantive - Mr. Glickman quoted from the minutes of the Council meeting of November 16, 1992, "Ron Clark interjected that he understood the Council would not approve the five lot subdivision with variances and would not consider the alternate two lot subdivision at this meeting. consider approving the five lot subdivision with no variances as he would be prepared to move forward on that basis." In February, 1993, Council approved the subdivision, subject to a conservation easement. Mr. Glickman said nothing has changed, Mr. Clark has made a bad business decision and it is not the City's place to maximize the developer's profit. The release of this easement does not fall within the purview of the statutes. According to City Attorney Gilligan, conservation easements are governed by the procedure for vacation of streets and alleys. Mr. Glickman submitted that this is not a street or alley that is not being used and the property owner is burdened by it. does not run from Mr. Clark to the City of Edina, it runs to the people of the State of Minnesota. City's to give away. He argued that it could not conceivably be in the public interest to do so and urged Council to deny the request. The petition was signed by R.E. Clark, At least five other homeowners who abut the property did not sign the 2) The law also requires 14 days posted and published notice and the He asked if the Council would The conservation easement It is to preserve water quality and wildlife; it is not the Regarding procedure, Mayor Richards said that if staff proceeded to publish notice of hearing in anticipation of a date the Council may set they did so at their own risk; he clarified that only the Council sets hearing dates. has communicated as best they can to give those who would be affected or impacted by a decision ample opportunity to be heard, and town has done a good job in that they: 1) do not rush to judgement, 2) do not get hung up on technicalities, and 3) give everyone, regardless of their views, an opportunity to be heard. Patrick Mantyh, 6413 Interlachen Boulevard, said a decision must be made, but the issue is the still the same. On June 6, 1994, he had asked to have the public hearing delayed to allow more affected neighbors a chance to attend. submitted that it was not fair to ask the neighbors to come back to re-hear the Council Mayor Richards said this Council He 6 1201 94 .. 279 same issue. Mr. Mantyh recalled that when the plat was being considered Mr. Clark was asked on repeated occasions if he could build in the allotted area and his answer was yes. precedent would be set so that everyone who wanted to encroach on a Conservation easement would have a right to do so. to maximize his profit. By allowing this 50 foot conservation vacation a He concluded that the developer only wants Ted Pier, 5021 Ridge Road, said he had great respect for the Council's uniform application of law for all citizens of Edina. meetings of the Planning Commission and the Council on exactly the same subject which led up to approval of the subdivision. Commission there was extensive discussion on how to arrange the lots so there would be no need for variances. Mr. Clark agreed to no variances and to follow the same set of laws the rest of the citizens of Edina follow. Mr. Pier said there is no legitimate reason for granting the petition and it should be denied. There have been many prior During the hearings by the Planning Betsy Robinson, 5021 Ridge Road, said the proposal Mr. Clark is now presenting is nearly 100 percent bigger than what was originally agreed upon. She said the neighbors should not have to bear the burden of the mistake made by Mr. Clark that this would be highly valuable and profitable property. Ms. Robinson asked the Council to deny the petition and suggested that Mr. Clark consider building fewer homes on the property. Council Action Member Paulus stated she would support the subdivision as previously approved and not grant the partial release of the conservation easement. Council Member she represented both residents and proponents and was disturbed by some of the comments that had been made, i.e. procedure, legality, fairness, vulnerability. She said that it took restraint to stay with her original opinion rather than to vote in favor of Mr. Clark because of citizen response. While the established process sometimes takes long hours, she believed in this case it would be a win situation for Edina. Member Paulus said the Council is serious about wetland and natural area protection and has denied requests to encroach on such areas. Although this particular subdivision is difficult it may be telling us that not every parcel of land in Edina is a buildable situation. reiterated that she would stand by the position taken when the subdivision was approved and would vote for denial of the petition. She said that as a She Member Rice commented that he did not intend for this matter to become this controversial; it was an attempt to talk about the issue. support the proposal because he felt it was excessive. He said he would not Member Rice made a motion to deny the request for partial release of the conservation restriction for the Mark Dalquist Addition. Member Paulus. Motion was seconded by Mayor Richards stated he would not support the total relinquishment of the 100 foot conservation restriction. from the public, he submitted that were it not for the action of the Council the conservation restriction would not have been imposed in the first place and what you take you can give. developments has benefitted the City well and the City would end up on the short end if Mr. Clark was forced to build something that would not be similar to what exists in that neighborhood today. this on a lot by lot basis where some deviation of the 100 foot conversation restriction may result in an end product all can live with. As to the comment that you can't take this away He pointed out that Mr. Clark's product on other A more reasoned approach may be to look at Member Kelly said she believed the property should be developed in some reasonable fashion, but a 50 foot variance is too much. She said she would 61 201 94 280 support the motion but would not preclude giving Mr. Clark the opportunity to come back with a reasonable development for the property. called for vote on the motion. Mayor Richards then Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. FINBL DEVELOPMENT PLAN AND PRELIMINARY PLAT APPROVED FOR LEWIS RIDGE TORNEOHES (LOT 2. BMCK 1AND OUTLOT B. LEWIS RIDGEL Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen presented the request for Final Development Plan and Preliminary Plat approval for the Lewis Ridge Townhomes located on Lot 2, Block 1 and Outlot B, Lewis Ridge Parkway. The subject property is zoned Planned Residence District (PRD-3). The approved zoning anticipated a three story, 54 unit condominium building which would be the mirror image of the existing Lewis Ridge which has not been developed. owner which would replace the 54 unit condo building with a 15 unit townhouse development. six units per acre with a net of approximately 5.2 units per acre. A proposal has been submitted by a new property As a result, the overall density would be reduced to approximately Access to the development would be by Lewis Ridge Drive, a private street. staff's understanding that necessary easements to utilize this access to service the 15 unit project are in place. The proposed development requests two setback variances. First, unit 12 along the north property line maintains a 30 foot setback where 35 feet is required. All other building setbacks comply with ordinance standards. easterly property line, the drive aisle comes within six feet of the property line; ten feet is the required setback. Thus, a five foot building setback variance and a four foot parking setback variance are requested. It is Second, along the The proposed exterior materials and landscaping plan meet or exceed ordinance minimums. shake roofs. the other with 2,880 square feet of floor area. The buildings will be primarily stucco with brick fronts and wood Two unit types will be constructed, one with 2,720 square feet and The proposed use would be consistent with PRD-3 zoning which makes no distinction between townhouses and apartment style condominiums except that townhouses are required to have two enclosed parking spaces. reduce density and would lower the expected trip generation from the site. The switch to townhouses would Staff would support granting the two requested variances. The combination of grade change and landscaping should eliminate any negative impact on adjacent properties. In both cases, the grade on adjacent properties is significantly above the grade on this site. . At its meeting on June 1, 1994, the Planning Commission recommended approval of the Final Development Plan and Preliminary Plat, subject to: 1) Final Plat Approval, 2) Developers Agreement, 3) Watershed District Grading Permit, and (4) Permanent easement for access to Lewis Ridge Parkway. Presentation bv Developer Ron Clark, Ron Clark Construction, commented that on the north side of the parcel a finger of land comes out to Cahill Road which is the access point for the development which they close not to use because of the terrain. Chataignier condominiums are immediately to the south and have a permanent monument there. Condominium owners and has negotiated and purchased from them an easement to use , Also, La Mr. Clark said he had met numerous times with the Lewis Ridge 6/20/94 281 their current driveway off of Cahill Road into where the private drive for the townhomes would begin. Mr. Clark explained that 11 lower profile, rambler walkout units would be oriented to the park and would be bermed and heavily landscaped to provide maximum privacy for the Lewis Ridge Condominiums and the new townhomes. units to the north would be two story homes with a double tiered, 12 foot high retaining wall because of the steep grade and the five foot building setback variance is requested for this area. The four Public Comment Glen McDonald, 7200 Cahill Road, stated he was a member of the La Chataignier Board. He told Council that the Board is in full accord with the proposal and would hope that the development would proceed. Mr. McDonald said the Board's only concern is that they want assurance that access to the townhomes will be from Lewis Ridge Drive as proposed. 'Joanne Gruggen, La Chataignier, 7200 Cahill Road, asked for clarification of the variance request on the east for the driveway. Planner Larsen explained that this variance is requested because the driveway off Lewis Ridge Drive near the first two units only would come within six feet of the easterly property line that abuts La Chataignier Condominiums. Ms. Gruggen said her concern was that the entire length of the driveway would be too close. Member Smith introduced the following resolution and moved adoption: RESOLUTION APPROVING FINAL DEVELOPHE" PIAN FOR LEWIS RIDGE TOWNHOMES BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Levis Ridge Townhomes, Lot 2,'Block 1, and Outlot B, Levis Ridge, presented at the regular meeting of the City Council of June 20, 1994, be and is hereby approved. Motion was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Smith then introduced the following resolution and moved adoption, subject to 1) final plat approval, 2) developers agreement, 3) watershed district grading permit and 4) permanent easement for access to Levis Ridge Parkway RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR LEVIS RIDGE TOWNHOMES BE IT RESOLVED, by the City Council of the City of Edina, Minnesota that that certain plat entitled "LEWIS RIDGE TOWNHOMES" and presented at the regular meeting of the City Council of June 20, 1994, be and is hereby granted preliminary plat approval. Paulus. platted by Ron Clark Construction Motion was seconded by Member Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. SJ3WEX BACKUP CONCERN OF BRAD TESMW. 4128 VEST 62ND STREET. REFERRED TO STAFF Brad Teslow, 4128 West 62nd Street, spoke to the questions in his letter presented to Council regarding a recent sewer backup at his residence because of a lift station failure. He said that at least four times since 1958 the lift station has failed. Mayor Richards suggested that because his questions were of a technical nature they would best be answered by Dick Pelinka, Utility Supervisor. being installed at the lift station would prevent re-occurrence. asked Mr. Teslow to work with staff regarding his concerns. Mr. Teslow commented that he wanted assurance that the mechanism Mayor Richards 6120194 282 CONCERNS REGARDING HERBICIDE SPRAYING ON CITY PARKS REFERRJ3D TO COlIMU"I!CY EEALTH SWVICES ADVISORY COMMITTEE FOR REVIEW AND RECOMHEXDATION Park and Recreation Director Keprios informed Council that he had received a copy of Kristine McKeon- Rohman's recent letter to Mayor Richards voicing her concerns about the use of herbicides in City parks. In the June 8, 1994, edition of the Edina Sun-Current a letter to the editor from Ms. McKeon-Rohman was published in which she stated, "Herbicide applications should be banned from public lands designated as play areas for children". about herbicides applied to Edina parks to call the mayor's office at 927-8861". A total of 36 calls had been received at the time the staff report was prepared; subsequently eight additional calls have been received. The editorial concluded with, "I urge any citizen concerned It was noted that a letter in opposition to the use of herbicides in City parks was also received from Betty Kent, 4075 W. 51st Street #107, who included numerous articles to support her conviction. Director Keprios explained that in order to inform himself and the Council about herbicides from reliable sources he had phoned Wayne Daily, Licensing and Certification Consultant, U.S. Department of Agriculture, and asked for documentation on the use of herbicides. Industry Task Force on 2,4-D, Belhaven, NC who submitted documentation and numerous articles. In addition, Gregory Senst, Agricultural Inspector for the Conservation Environmental Management Division of Hennepin County was contacted. Mr. Daily referred him to Donald Page, Director Keprios said these sources were very helpful in that he is not a toxicologist and could not tell anyone that the herbicides are safe nor could he say they are unsafe. Environmental Protection Agency (EPA), are through the county bid process. The chemical 2,4-D is the most researched chemical in history and studies have been on-going for 40 years. Various communities and organizations have dealt with the issue in different ways; the Edina School District has banned use of herbicides on all school property and the Minneapolis Park Board has done so also. There is a strong concern by the public that this is not a safe herbicide. Center for Survey Research to survey residents on this subject. that 77 percent of those surveyed said to continue to use chemicals on a carefully controlled basis to control weeds in the parks. City purchase of herbicides, which are approved by the The experts say that 2,4-D is not a carcinogen. The City of Plymouth hired the Minnesota Results were Director Keprios told Council that Park and Recreation's current practice is to - not spray herbicide in the following areas: 1) around playground equipment, 2) around picnic tables and cooking grills, and 3) around or near ponds or lakes. In addition, staff would recommend the following: 1) no spraying on any Edina School District property, 2) treat only athletic field and hockey rinks at Cornelia School Park and Creek Valley School Park (general use areas for children will not be treated), 3) staff will coordinate spraying dates and times with Edina schools so as to minimize children's exposure to freshly treated areas, and 4) areas to be treated will be posted with signs prior to spraying as opposed to after treatment as in the past. Lastly, Director Keprios because this is a chemical health issue, staff would recommend that the Edina City Council refer the matter to the Community Health Services Advisory Committee for further review and recommendation to the Council. Kris McKeon-Rohman, 7301 Oaklawn Avenue, asked Council to peruse the reputable studies she submitted, noting specifically the bibliographies of the research scientists who say that children are at a greater risk for cancer if they are exposed to pesticides. She explained that the term 'pesticides' means anything that kills, and includes herbicides and insecticides. When a child's health is at risk, decisions should err on the side of a child's health. She asked that 6/20/94 283 herbicide spraying be eliminated from all areas where children play. Rohman said she contacted City of Minneapolis staff and learned that they have not sprayed since 1991, but are creative with aeration and fertilization to get acceptable turf. the District will save $4,000 annually with nine sites by not spraying. submitted that a significant amount would be saved by the City if spraying would be eliminated at the City's 40 sites. Ms. McKeon-Rohman said both the kids and their parents could care less if they play on weeds versus nice turf. concluded by reiterating her request to not spray play areas, including soccer and ball fields. Ms. McKeon- Jim Sloss, School District Grounds Superintendent told her that She She Member Paulus made a motion that the matter of herbicide spraying on City property be referred to the Community Health Services Advisor$ review and recommendation to be brought back to Council on the Moeion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. . *BID AWARDED FOR SHADE TREE DISEASE CONTROL FOR OAK WILT ONLY Member Smith and vas seconded by Member Kelly for award of bid Committee for July 18, 1994. Motion vas made by for shade tree disease control for oak wilt oniy to sole bidder, Kunde Company, Inc., not to exceed $15,000.00 for 1994. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR DISEASED TREE REMOVAL AND STUMP GRINDING Motion was made by Member Smith and vas seconded by Member Kelly for award of bid for diseased tree removal and stump grinding to recommended low bidder, Outside Services, Inc., for tree removal of 0-29 inch DBH at $9.75; 30" and up at $13.00; and stump grinding DBH $2.25. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR INDEPENDENCE DAY FIREWORKS DISPLAY Motion was made by Member Smith and vas seconded by Member Kelly for award of bid for Independence Day fireworks display to recommended bidder, Remote Effect Systems, Inc., at $7,000.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR PROPERTY INSURANCE seconded by Member Kelly for award of bid for City property insurance to recommended low bidder, Hartford, at $44,794.00. Motion carried on rollcall vote - five ayes. Motion vas made by Member Smith and vas BID AWARDED FOR GENERAL LIABILITY. LIQUOR LIABILITY, BUSINESS AUTO AND WORKERS' COMPENSATION INSURANCE Assistant to Manager Smith advised that the premium for workers' compensation insurance has increased 15 percent due primarily to changes in the experience modification factor and increases in payroll (2%). Bill Homeyer, Harris-Homeyer Company, explained the rate structure and quotes obtained. There will be no change in the business automobile rates (only variable is number of units), no change in general liability rates (only variables are liquor receipts and golf course receipts). The work comp experience modification has changed from .74 to .86 and rates have increased four percent; the workers' compensation premium will increase accordingly. He then presented a graphic comparing quotations received from the League of Minnesota Cities (LMC), Home Insurance and St. Paul Fire and Marine. He explained that with the best loss levels, the premium with St. Paul would be $50,000 less than LMC and at the worst loss levels would be at $23,000 less than LMC. the year will vary over $500,000 - $600,000 depending on the claims, with the actual premium determined after all the claims are closed for the year. Premiums for . 6120194 284 - Member Rice made a motion to approve award of bid for General Liability, Liquor Liability, Business Auto and Workers8 Compensation Liability Insurance to St. Paul Companies at $706,288.00. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. TRAFFIC SBFETP STm REPORT OF JUNE 14. 1994 APPROVED that under Section A(4) of the Traffic Safety Staff Report of June 14, 1994, the staff discussed the traffic patterns and speeds in the area. office complex at 5555 I?. 78th Street is of concern due to the geometrics of the roadway'and the 40 MPH traffic flow. resolution requesting the Office of the Commissioner of Public Safety to reduce the speed limit on West 78th Street to 30 MPH westerly to Cecilia Circle. Member Kelly made a motion, seconded by Member Wee, to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of June 7, 1994: 1) Engineer Hoffman explained The driveway to the Staff would recommend the Council pass a Police Department address the issue of pedestrian safety at the crosswalks on Hazelton Road between France Avenue South and York Avenue South through enforcement; Erect "Private-Road - No Turnaround" signs at the intersection of Londonderry Road at Lincoln Drive: Police Department address the issue of speed control on Halibu Drive through enforcement; Council pass a resolution requesting the Office of the Commissioner of Transportation to reduce the speed limit on W. 78th Street to 30 MPE westerly to Cecilia Circle; and to acknowledge Section B except (2), (S), (6) and Section C of the report as presented. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. 2) 3) 4) Member Smith then moved adoption of the following resolution: RESOLUTION REGARDING SPEED STUDY W. 78TH STREET - FROM EAST BUSB LBKE TO CECILIA CIRCLE Whereas, West 70th Street between East Bush Lake Road and Cecilia Circle is a busy thoroughfare ; Whereas, a significant number of accidents have occurred along this stretch of roadway; Whereas, the roadway geometrics tend to be curvilinear and has grades which result in excessive speeds of motorists. Now, therefore, be it resolved that the Edina City Council requests that the Minnesota Department of Transportation undertake a speed study to determine if a lover speed limit can be established on said route. Member Kelly. Motion was seconded by Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Section B (2) - Request to install multi-way "Stop" signs at the intersection of West 56th Street at St. Johns Avenue. Traffic Safety Coordinator Swanson reported that staff discussed the facts of traffic volume and speed'at the above intersection. was 25 MPH and volume was less than 150 vehicles daily. reported over a three year search period. request due to lack of warrants. The 85th percentile speed No accidents were Staff recommended denial of the Lisa Finsness, 4536 Tower Street, presented a petition with over 60 signatures 6 120194 -. 285 requesting STOP signs north and south on St. Johns Avenue between Woodland Road and Oak Street. and St. Johns and at Oak and St. Johns. Barb Hodne, 4532 Tower Street; Max Hintz 4517 Oak Drive; Maureen Robinson, 4521 Tower Street; and Jim Grotz, 5513 Park Place. The residents' recommendation was to place a STOP on Woodland Speaking in support of the request were Member Smith made a motion that the Traffic Safety Committee study traffic concerns in the St. Johns Drive neighborhood and come back to Council at the regular meeting July 18, 1994, with a recommendation to slow traffic down in the area. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Section B (5) - Request for multi-way rrStopll sign at the intersection of Brookside Avenue at West 44th Street to enhance pedestrian and vehicle safety. Traffic Safety Coordinator Swanson explained that staff discussed the safety and volumes of traffic at that location. carrying over 2800 vehicles daily. No accidents have been reported over a three year search period. enhanced signage. installation of a painted crosswalk and crosswalk signage on Brookside Avenue at the intersection. Both roadways are collector roadways MTC users and other pedestrians cross Brookside with no Staff recommended denial of the request and recommended Alex Russell, 4517 Drexel, asked what it takes to get a Y%opl' sign installed. Jim Welna, 5139 W. 44th Street, and Sharon Gregoire, 5101 W. 44th Street, said the intersection has major problems with clearview because of the bus stop/turnaround when entering 44th Street. south at Brookside/44th and crosswalks on Brookside on both sides and across 44th Street on Brookside. sides need to be corrected. They asked for a STOP sign north and The slope and alignment of temporary sidewalks on both Engineer Hoffman said the Engineering Department would check the sidewalks. there was a problem with the slope it would be considered a maintenance function to correct them. If Member Rice made a motion upholding the recommendation of the Traffic Safety Committee for denial of the multi-way STOP sign at the intersection of Brookside Avenue at W. 44th Street and for installation of a painted crosswalk and crossvalk signage on Brookside Avenue at the intersection, and directed the Engineering Department to examine the alignment of the sidewalks. seconded by Member Smith. Motion was Ayes: Paulus, Rice, Smith, Richards Nays: Kelly Motion carried. Section B (6) - Request for multi-way "Stop" signs at the intersection of West 62nd Street at Peacedale Avenue to reduce speed and improve safety. Staff recommended denial of the request and that the matter be transferred to the Police Department to be addressed through enforcement. Mayor Richards answered Bruce Teslow that enforcement by the Police Department would mean that citations would be issued to violators of set speed limits. Motion was made by Member Rice to uphold the recommendation of the Traffic Safety Committee to deny the request and that the matter be transferred to the Police Department to be addressed through enforcement. Motion was seconded by Member Smith. 6120194 Ayes: Paulus, Rice, Smith, Richards Motion carried. 286 (Member Kelly was temporarily absent during the vote.) ORDINANCE UPHELTI - CLEARVIEW VIOIATION/SPRUCE TREE - 6200 CHOWEN AVENUE Police Chief Bernhjelm recalled that at the Council meeting of June 6, 1994, Tim Davis, 6200 Chowen Avenue South, asked Council for relief from the requirements of the Clearview Ordinance (Code Section 1405). complaint had been received that a spruce tree in his front yard was blocking view of the intersection of 62nd and Chowen. trimming of the tree but decided to appeal the request to the Council. I Staff had advised him that a citizen He was asked to arrange for Council had asked for input from public safety staff regarding the situation. Chief Bernhjelm reported he had visited the site and confirmed the violation. presented slides showing illustrating the violation. reported within the last three years at this location and both streets are low volume residential streets. He No accidents have been From a safety perspective, staff would oppose any dilution or variance in application of the Code. The Code is important to provide a standard for intersection visibility throughout the comity. relatively small and imposes minimal requirements on owners of corner lots. visibility issue is important because even though stop signs are present on Chowen, it is an unsafe practice to assume all drivers will stop. The clearview zone is The Attorney Gilligan informed Council that the City has an obligation to maintain streets in a safe condition. street that would affect the travelled portion of the street. In his opinion, failure to enforce these standards may place the City in the position of being liable were an accident or injury to occur. Mayor Richards asked Mr. Davis for comment on the staff recommendation. response, Mr. Davis said he had no further comments. This maintenance would include obstructions off the I In Mayor Richards made a motion to uphold the clearview ordinance regarding the spruce tree at 6200 Chowen Avenue. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Richards Motion carried. *RAGERS TEEN DANCE ORGANIZATION PROPOSAL WITHDRAWN AT SPONSOR'S REQUEST Motion vas made by Member Smith and was seconded by Member Kelly to accept the withdrawal of the proposal for the Ragers Teen Dance Organization as requested by President, Dawn Kerrison. Motion carried on rollcall vote - five ayes. BPP0I"TS MADE TO TEE COMMUNITY EDUCATION SERVICES BOARD advised that the following individuals have expressed interest in serving on the Community Education Services Board in the following capacities: Mayor Richards Charlotte H. Burrell Member at Large Jean Rydell Park Board Representative Peggy Kelly Council Representative Member Smith made a motion for consent of the Mayor's appointment of Charlotte €I. Burrell, as member at large, Jean Rydell as Park Board representative and Peggy Kelly as Council representative, to the Community Education Services Board for a one year term to July 1, 1995. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Richards Motion carried. 6 120194 c. 287 *FEASIBILITY REPORT PRESENTED: HEARING DATE OF JULY 5. 1994. SET FOR VAI;LEY LANE SIDEWALK IMPROVEMENT Motion was made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: RESOLUTION PROVIDING FOR PUBLIC FJP.ARIEIG ON VALLEY IANE SIDEWALK IMPROVEMENT NO. S-67 1. the feasibility of the proposed Sidewalk Improvement 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 Tuesday, July 5, 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, MIXNESOTA 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, NOTICE OF PUBLIC HEARING VALLEY LANE SIDEWALK The Edina City Council will meet at the Edina City Hall on Tuesday, July 5, 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: IMPR0V"T NO. S-67 The approximate Valley Lane Sidewalk Estimated Cost SIDEWAIX WROVEHEN!f NO. S-67 $20,488.14 The project is proposed to be funded by State Aid funds. (Member Kelly re-entered the meeting at this point on the agenda.) Motion carried on rollcall vote - five ayes. OUTDOOR DINING PROPOSAL PRESENTED - 50TH & FRANCE Assistant Manager Hughes reported that staff received a request from prospective tenants of 3910 West 50th Street concerning their use of the public sidewalk for restaurant purposes. Materials were submitted by the prospective tenants for reviewal by the Council. Assistant Manager Hughes informed Council that Section 1230 of the City Code contains two provisions which prohibit private restaurant usage on public sidewalks. or sidewalk to sell farm produce or any other product or property. permits food carts in the 50th & France area by special permit). provides that no person shall consume intoxicating or non-intoxicating wine on public sidewalks. intend to apply for wine and beer licenses for this establishment. The first provision states that no person may park or occupy a street (The City now The Code also It is staff's understanding that the proposed tenant would According to the proposal, it appears that the proposed signage for the establishment does not comply with the sign ordinance. signs which project over a sidewalk) are permitted within the commercial district, but are limited to 10 square feet in area. measure the proposed sign, it appears to approximate 20 square feet in area. Projecting signs (i.e. Although it is difficult to The proponents have asked that the City Council consider amending the ordinances in question to permit their proposed use of the sidewalk area. wishes, staff can prepare ordinance amendments for consideration at the Council If the Council 6 120194 288 meeting of July 5, 1994. Based upon staff's initial review, such ordinance amendments could provide for an annual encroachment permit for such sidewalk restaurants. concerning the exterior signage is more problematic; however, staff could prepare sign ordinance amendments for Council consideration if desired. The proposal Presentation bv ProDonent Wayne Kostroski, 4815 Maple Road, said he was managing partner of Goodfellow's, Tejas, and Pronto Ristorante all in downtown Minneapolis, Muffaletta in Wayzata and Figlio's in Uptown. West 50th Street as follows: CONCEPT: He presented his proposal for the restaurant at 3910 A neighborhood restaurant designed to present a dining experience that is fun, inexpensive and suited to families as well as singles and couples, with the objective of having this restaurant feel established, and encourage frequent usage by the immediate and extended neighborhood. the "feel" of the menu is planned to speak to a casual and active diner. established feeling decor and an outdoor seating area. - One of the most important elements necessary to speak to a "pedestrian friendly" need in the area is the design and usage of the facade on the south side (50th). The plan includes a "patio" feel with a cut back area inward to folding glass doors, an extension of the front line to accommodate tables onto the sidewalk (4 feet 2 inches) and privately controlled. Awnings would be above the sidewalk seating areas with a railing separation below. It is important to capture the energy of the restaurant space because of the high level of vehicular traffic by having a sign that is a projection from the building. It would serve as a means of identification but by design would provide another level of excitement to the streetscape. COST OF MENU: All menu items priced below $10.00; beyond the physical design, DESIGN : - Area would include a visible cooking area, counter seating, an SIGNAGE: Public Comment Sally Robson, speaking on behalf of the Board of Directors and Past President of the 50th & France Association, commented that the Board voted unanimously in favor of the plan. The restaurant will only enhance the pedestrian character of the area. The updated facade will fit nicely with the existing buildings and be a welcome addition to the vacant space. maintenance needs and will be an attractive addition in any season. Marty Rud, 5709 France Avenue, representing the Lund organization property owners said they are very excited about the proposal. opening in the location but a restaurant was the most desirable use and would add excitement and uniqueness. The developers seem mindful of the Other businesses had considered He asked Council approval of the concept. Council Comment/ Action Assistant Manager Hughes answered Council concerns that he has less concern with the sidewalk use than with the signage. things would compete with the signage, e.g. banners, lighting system, etc., and could set a new standard and change the aesthetics in the area. signs are limited according to City Code to 10 square feet; the request is for 20 square feet. From an urban design standard, many Perpendicular Mr. Kostroski explained that the outdoor seating area would be dismantled in the winter, i.e., fencing, tables/chairs would be removed and the sidewalk would be left flush for ease in snow removal. The location of the sign over the door is 6120194 289 very important for visibility. restaurant. Both lunch and dinner would be served at the Mark Meyer, Shea Architects, clarified that while the restaurant would have awnings, they would not be backlit. The proposed sign would be lit one way during daytime and would change during the evening. would be outlined in neon with a softer background. The name of the restaurant Attorney Gilligan answered Member Paulus that Ordinance No. 1230 would need to be amended to allow the service of food or selling of products on the sidewalk if the proposal were approved. She voiced disapproval with a neon projected sign as proposed. Mayor Richards made a motion directing staff to draft an amendment to Code Section 1230 to provide for an annual encroachment permit for sidevalk restaurants and for consideration by the Council on July 5, 1994. seconded by Member Paulus. Motion was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards made a motion directing staff to draft a modification of Code Section 1230 (Sign Ordinance) to permit square footage of 20 square feet or less, and for consideration by the Council on July 5, 1994. Member Kelly. Motion was seconded by Member Smith offered an amendment to the motion to direct staff to research options to reducing the total amount of wall signage to 15 percent if a projecting sign were to be allowed at 20 percent. Kelly. Mayor then called for vote on the motion as amended. Motion was seconded by Member Ayes: Kelly, Paulus, Smith, Richards Nays: Rice Motion carried. *EEARING DATE OF JULY 18. 1994 SET FOR PETITION TO VACATE STORM SEWER EAS- - LOT 15. BLOCK 1. SOUTHDALE FIRST ADDITION Motion was made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: RESOLUTION CAI;LING FOR PUBLIC EEARING ON VACATION OF STORM SEWER EASElEN!C BE IT RESOLVED by the City Council of the City of Ed-, Hennepin County, Minnesota, as follows: 1. of the land affected thereby that the following described storm sewer easement should be considered for vacation, in accordance vith the provisions of Minnesota Statutes, Sections 412.851 and 160.29: It is hereby found and determined after receipt of the petition of the owner The northeasterly 3.5 feet of the northwesterly 32 feet of the southeasterly 65 feet of the southvesterly 10 feet (said 10 foot strip being parallel to and adjacent to the southvesterly lot line) of Lot 15, Block 1, Southdale First Addition, Hennepin County, Minnesota 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 nevspaper 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 such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section This Council shall meet at the time and place specified in the form of notice 6 120194 290 412,851. Such notice shall be in substantially the following form: NOTICE OF WBLIC HEARING IN THE CITY OF EDINLL, HENNEPIN COUNTY, MINNESOTA ON VACATION OF STORM SEVEB EASELIWT NOTICE IS HEREBY GJXEN that the City Council of the City of Ed-, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801Uest 50th street on July 18, 1994, at 7:OO P.H., for the purpose of holding a public hearing on the proposed vacation of the following easement for storm sever purposes: The northeasterly 3.5 feet of the northwesterly 32 feet of the southeasterly 65 feet of the southwesterly 10 feet (said 10 foot strip being parallel to and adjacent to the Southwesterly lot line) of Lot 15, Block 1, Southdale First Addition, Hennepin County, Minnesota All persons who desire to be heard with respect to the question of whether or not the above proposed easement 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 vhich such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television 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 otheruise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easement, 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. REQUEST FROM CITY OF AFTON DENIED REGARDING OPEN 'MEETING IAU LITIGATION Mayor Richards reported receipt of a letter from the City of Afton requesting support in their request to the League of Minnesota Cities Insurance Trust (LMCIT) for compliance with the Court of Appeals decision regarding the open meeting law affecting Afton city officials. an emergency discussion in June regarding a well repair in the Afton City Park prior to a Fourth of July celebration. Mayor violated the open meeting law with two Council Members on three separate and unrelated occasions. imposed ($loo), and that the Mayor and two Council Members be removed from office. An elected official can be removed from office for three violations of the open meeting law. no evidence of any other open meeting law violations. Council Members have incurred over $60,000 in legal expenses. In November 1991, action was brought regarding The original complaint alleged that the The complaint asked that the statutory penalty be The courts have found only one unintentional violation and The three Afton City The Minnesota Court of Appeals ruled March 8, 1994, that the LMCIT has a duty to defend and ordered them to do so. charge to the Minnesota Supreme Court. All Minnesota communities believed that in joining the LMCIT they would receive legal defense coverage and the Court of Appeals concurs. pass a resolution directing the LMCIT to comply with the Appeals Court decision. LMCIT attorneys have chosen to Appeal the The City of Afton has requested that the Edina City Council Member Smith made a motion to take no action on the request from the City of Afton. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CLATiE PAID Member Rice made a motion to approve payment of the following claims 291 as shown in detail on the Check Register dated June 17, 1994, and consisting of 32 pages: General Fund $891,333.68; Contunmication $9,482.84; Working Capital $6,344.37; Art Center $7,188.77; Swimming Pool $7,016.75; Golf Course $177,335.30; Ice Arena $70,361.62; Gun Range $2,019.77; Edinborough/Centennial Lakes $18,392.91; Utility Fund $42,122.67; Storm Sewer $6,114.06; Recycling $39,779.77; Liquor Fund $63,710.69; Construction Fund $200,254.11; TOTAL $1,541,457.31; and for confirmation of payment and the following claims as shown in detail on the Check Register dated June 8, 1994, and consisting of 8 pages: General Fund $106,245.36; Working Capital $104.00; Swimming Pool $160.00; Liquor Fund $220,674.24; TOTAL $327,183.60. Member Kelly seconded the motion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:40 P.M. City Clerk