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HomeMy WebLinkAbout19940705_regular2 9-3 MINUTES OF THE REGULAR MEETING OF THJ3 EDINA CITY COUNCIL HELD AT CITY HAIL JULY 5, 1994 R0I;LCAT.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 Rice to approve and adopt the Council Consent Agenda as presented with the exception of removal of Item VI1.A. - Rubberized Railroad Crossing Haterial. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF CLOSED COUNCIL MEETING JUNE 20. 1994. APPROVED Motion was made by Member Smith and was seconded by Member Rice to approve the minutes of the Closed Council Meeting of June 20, 1994. Motion carried on rollcall vote - five ayes. PUBLIC HEARING CONDUCTED ON SIDEWALK rpzPROVEWENT NO. S-67 - VAI;LEY LANE J?ROM CREEK DRIVE THROUGH 5521 VALLeY LANE: PROJECT ORDERED Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv EnEineer Engineer Hoffman reported that a petition had been received for a new sidewalk on the south side of Valley Lane from Creek Drive to the existing sidewalk (5501 Valley Lane to City park area west of 5521 Valley Lane). portion on Valley Lane was not constructed in 1990 with the Valley Lane sidewalk project because of neighbors' objection. Sidewalk for this Staff has reviewed the project area and would support the request for sidewalk. The estimated cost of construction is $20,488.14 to be state aid funded. It was noted that letters of support have been received from Pam/Harvey Johnson, 5505 Valley Lane and H. Jed and Lee Hepworth Schubert, 5509 Valley Lane. Engineer Hoffman said the property owner at 5517 Valley Lane was concerned about the large evergreen trees on his property. trees can be preserved. He was told that staff believes the Public Comment Residents speaking in support of the sidewalk project were: Larry Leistiko, 6508 Creek Drive; Pam and Harvey Johnson, 5505 Valley Lane; Jim Tallon, 6512 Creek Drive; Neil Solberg, 5504 Valley Lane; Nancy Lawrence, 6512 Ridgeview; and Barbara Eller, 5513 Valley Lane. Gordon Hoff, 5517 Valley Lane, said he had spoken with Engineer Hoffman about the possibility of the loss of mature evergreens on his property. the six homes affected, only three had signed the petition. concern, but the accident/safety record should be examined. alternatives on his property to stop the sidewalk at the trees and continue on after the trees or to replace them with smaller trees. Mr. Hoff said he would object to trimming them up for construction of the sidewalk as that would decrease the appeal of his home. He stated that of Safety is a true He suggested as Paul Ratelle, 5521 Valley Lane, said he did not favor the sidewalk as this is a traffic issue not a sidewalk issue. children to play out there. impact as he has the largest frontage. He pointed out that a sidewalk would attract He told Council his property would bear the greater Further, that he had underground 294 7/5/94 sprinkler heads and lights that would need to be moved. Member Rice introduced the following resolution and moved its adoption: BE IT RESOLVED by the Comcil of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvement: RESOLUTION ORDERING SIDEWALK IKl?ROVEMENT NO. S-67 SIDElZAIX IMPROVEMENT NO. S-67 - SOUTH SIDE OF VALLEY LBNE FROM 5501 TBBouGH 5521 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 vhich 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 SIDEWAIX IHPRO~RI~ENT NO. S-67, cost of vhich shall be paid from municipal state aid funds. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *LOT DIVISION APPROVED FOR 4951 AND 4953 LINCOLN DRIVE Smith and was seconded by Member Rice for adoption of the following resolution: WJZEEAS, the following described property is at present a single tract of land: VHEBEBS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows: Motion vas made by Member RESOLUTION Lot 2, Block 1, LANDMARK ADDITION, and PARCEL A: The north 63.00 feet of Lot 2, as measured at right angles to the north line thereof, Block 1, LANDMARK ADDITION, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Hhnesota. PARCEL B: That part of Lot 2, Block 1, IANDMARK ADDITION, lying south of the north 63.00 feet, as measured at right angles to the north line thereof, according to the plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. UEEREAS, the requested subdivision is authorized under Code Section 810 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina Will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere vith the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 850 and 810; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Sections 850 and 810 are hereby waived to*allow said division and conveyance thereof as separate tracts of land but only*to the extent permitted under Code Section 810 and Code Section 850 subject to the limitations set out in Code Section 850 and safd Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance vith the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote - five ayes. *HEARING DA!CE SET FOR PLANNIMG MATTERS Motion was made by Member Smith and vas -I 7/5/94 . ~. 295 seconded by Member Rice setting August 1, 1994, as hearing date for the following planning matters: 1) Final Rezoning - Amendment to the Comprehensive Plan, Planned Commercial District, PCD-4 and Single Dwelling Unit District, R-1 to Planned Residence District, PRD-4 and Preliminary Plat Approval - 4101West 50th Street, 5014, 5016 and 5024 Halifax Avenue. Commercial District, PCD-3 and Final Development Plan - 3500 West 69th Street. 2) Preliminary Rezoning - Planned Commercial District, PCD-4 to Planned Motion carried on rollcall vote - five ayes. PUBLIC BEARING CONDUCTED: RESOLUTION ADOPTED VACATING AI;LEy IN BLOCK 1. STEVEN'S 1ST ADDITION TO WINNEAPOLIS Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Engineer - Engineer Hoffman reminded Council that Haymaker Construction, Inc., is proposing a new multi-family building at the corner of West 50th Street and Halifax Avenue. A public alley transverses east-west through the site and the developer has requested that the alley be vacated. reviewed the request. Staff would recommend to vacate the public alley but retain a 10 foot wide utility easement over the westerly ten feet of the alley for NSP, USWest and Paragon Cable. The utility companies and staff have Engineer Hoffman responded to Member Rice that this vacation would be conditioned upon on the proposed development receiving final approval. Mayor Richards then called for public comment; no comment or objection was heard. Member Smith introduced the following resolution and moved its adoption, subject to the final approval of the Haymaker multi-family development at West 50th Street and Halifax Avenue: RESOLUTION VACATIMG AILLEY IM BLOCK 1, STEVW'S 1ST ADDITION TO IXWNEAPOLIS rJHwEBs, a resolution of the City Council, adopted the 6th day of June, 1994, fixed a date for a public hearing on a proposed vacation of public alley south of West 50th Street and West of Halifax Avenue in Block 1, STEVEN'S 1ST ADDITION TO MNNEBPOLIS; W€lERES, two weeks' published and posted notice of said hearing was given and the hearing was held on the 5th day of July, 1994, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and W€lERES, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and m, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, cable television, or telephone 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 alley or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend there to ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described alley is hereby vacated effective July 6, 1994: That part of the north half of the Alley dedicated in Block 1, STEVE"S 1ST ADDITION TO mOLIS, 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, 7/5/94 296 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. U Said vacation did not affect, and there was continued, resemed, and retained, by the said resolution ordering the vacation, the following easement and authority in, on and under the above vacated area to be illustrated on the new plat: 1. The CitJr of Edina reserves in favor of Northern States Power Company, U.S. West Communications and Paragon Cable a utility easement within said described vacated alley for the maintenance, replacement, repair and removal of, and for otherwise attending to, underground conduit, manholes, cables, wires and poles required for telephone comrmmications, electric lines, and cable television to provide service to customers along this route. The Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder in accordance with Minnesota Statutes, Section 412.851. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopt e d . FIRST READING GRAJFJXD FOR ORDINANCE NO. 1994-6 - AN ORDINANCE AMENDING CODE SECTIONS 1200 AND 1230 TO PERMIT SIDEWALK CAFES AND ORDINANCE NO. 1994-7 - AN ORDINANCE AMENDING CODE SECTION 460 TO PROVIDE NEW REQUIREMENTS FOR PROJECTING SIGNS Assistant Manager Hughes recalled that at the meeting of June 20, 1994, the Council directed staff to prepare ordinance amendments affecting a proposed sidewalk cafe at 50th and France. Ordinance No. 1994-6 and Ordinance No. 1994-7 encompass the changes needed to accommodate the proposed restaurant as well as its signage. With respect to Ordinance No. 1994-6, the Council should note that some sections deal with issues other than sidewalk cafes. These issues were included in the ordinance amendment simply for the purpose of revising the structure of the Code. The relevant section of the Ordinance No. 1994-6 is Subdivision 2, "Sidewalk Cafes". This subdivision provides that a permit be issued by the City Manager and lists additional requirements for issuance of permits and operation of sidewalk cafes. recommended annual fee of $500.00 for a sidewalk cafe permit. I The ordinance also includes a Ordinance No. 1994-7 accommodates the proposed projecting sign. Code allows projecting signs but restricts the maximum sign area to 10 square feet per facing. facing to 20 square feet. However, buildings which use projecting signs must reduce the amount of wall signage from 15 percent of the wall area to five percent. cluttered look caused by different styles of signage. establishes a maximum distance that a sign may project from a building based upon the width of the adjoining sidewalk. this regard than the recommendations contained in the design framework for 50th and France that was prepared by BRW in connection with the renovation project. The design framework recommends that projecting signs extend a maximum of four feet. accommodate the sign envisioned by the proposed restaurant. signs at 50th and France are those of the Edina Theater and Hootens Cleaners. At the meeting of June 20, 1994, staff expressed concern with the ramifications of liberalizing the requirements for projecting signs. Staff continues to have this concern in that projecting signs potentially conflict, from an aesthetic standpoint, with the elements of the 50th and France streetscape. The Council should consider this impact when reviewing the proposed ordinance. The current City The ordinance amendment increases the allowable sign area per Staff believes that the reduction is justified in order to avoid the The ordinance also The ordinance amendment is more liberal in The proposed ordinance amendment allows a six foot projection in order to Existing projecting 7/5/94 r. 297 Member Rice asked if sidewalk cafes if it answered that once a unless the ordinance also be the expectation by the permitee that it would be renewed. ordinance more defensible, the Council could consider adding a sunset provision. To make the the City would be able to reverse its action allowing determined that it was not a good idea. permit has been issued it would be difficult to revoke requirements and standards had not been met and there would Attorney Gilligan Member Smith said he felt the ordinance was not restrictive enough. Manager Hughes explained that the intent was to make the ordinance more restrictive by including the second part of the definition of sidewalk cafe under (ii) : Assistant "Sidewalk Cafe. Tables, chairs, benches and appurtenant equipment located on a sidewalk (i) for the exclusive use by patrons of an abutting food establishment as defined in Section 720 of this code, or (ii) where the service of food or beverages is offered to persons using such tables and chairs." Presentation bv Proponent Wayne Kostroski, proponent, presented graphics of the proposed restaurant. He pointed out one change from the original proposal - planters would now be placed inside the fence rather than outside which would move the tables from ten to twelve inches further inward. Responding to Member Rice, Mr. Kostroski said that when the outdoor dining season is completed, the railings would come out and the openings would be capped. Public Comment Perry Anderson, representing Belleson's, stated that they are delighted at the prospect of having a new, quality restaurant come to downtown Edina, and especially right next to their store. outdoor seating and overhead canopy which would jut out approximately four feet and further obscure visibility of their store front from motorists traveling on West 50th Street. Studies show that normally a motorist has seven seconds to notice and read a typical billboard. signage over it is its billboard and noted that this year Belleson's celebrates its 46th anniversary at the same location. Allowing a larger sign as requested will draw more attention to the restaurant and even more away from Belleson's. Mr. Anderson asked the Council not to approve the sign ordinance amendment. He said their primary concern is with the He emphasized that a store's storefront and Jeff Pierce, White Oak Gallery, said they will soon be the adjacent tenant on the west side of the proposed new restaurant. He expressed his excitement with the restaurant concept and the impressive track record of the proponent. at the plans, the design for the space and the use of the street front, he felt it was sensitive to the 'downtown' atmosphere of 50th and France. Mr. Pierce said he had no issue with either the sidewalk dining or the signage and would support the proposed ordinance amendments. In looking Mr. Kostroski interjected that his interpretation of the ordinance amendment as now proposed was that it would be more restrictive, i.e. if a store owner placed tables and chairs on the sidewalk a permit would be required in order to serve food or beverages to any such customers. under the present City Code street furnishings are allowed on public sidewalks subject to approval of the City Engineer as to location so as to avoid danger to vehicles and pedestrians. The proposed ordinance would control the sale of food or beverages to persons using such private furnishings. Assistant Manager Hughes explained that Marty Rud, Edina Properties, re-stated his support for the proposed sidewalk cafe as expressed at the previous meeting. Anderson, he said he did not agree with Mr. Anderson as he felt this use would be very helpful to adjoining businesses and good for the entire 50th and France While respecting the comments of Perry 298 7/5/94 commercial area. Concerning the proposed amendment to the sign ordinance, Member Rice asked if the requirements for projecting signs would apply to restaurants only. Assistant Manager Hughes explained that the ordinance amendment would apply to all uses in the Planned Commercial District. He reiterated staff's concern with liberalizing the requirements for projecting signs, as such signs would potentially conflict from an aesthetic standpoint with the existing streetscape in the 50th and France commercial area. 4 Mr. Kostroski observed that while the proposed amendment to the sign ordinance applies to all businesses, the importance of a projecting sign to the restaurant industry is clearly visibility. He indicated that the investment in the subject location is substantial and not without risk and it is critical that the restaurant be visible, particularly coming from the intersection to the east. Mark Haymaker, Haymaker Construction, identified himself as the proponent for the multi-family housing building at 50th Street and Halifax Avenue. for the outside restaurant seating but felt there should be some control over the lighting of the signage in terms of neon, or blinking lights. had no objection to a projecting sign. He said he was He added that he Council Comment/Action Member Kelly indicated she liked the outdoor dining concept but was concerned with the size of the proposed projecting sign. Mr. Kostroski pointed out that if the sign was only four feet, it would be obscured by the adjacent tree. explained that they hope to use the same type of signage at other locations so that the restaurant would become recognizable by the sign design. Mayor Richards said he would support the sign ordinance amendment as proposed because it would only allow signs to project proportionally from the face of the building, i.e. no more than the lesser of one-third of the sidewalk width, or six feet. He submitted that the proposed usage would promote and enhance the abutting properties on both sides as well as the entire 50th and France area. He Member Smith suggested that, in addition to proof of insurance, the sign ordinance amendment also provide for naming the City as an additional named insured in case of an accident. Member Rice asked staff to look at the size of the trees in that particular location because he agreed they did block some of the visibility. He said he would support the ordinance amendment to permit sidewalk cafes but because of some reservations about future permit requests he felt the provision should sunset on December 31, 1995. Relative to the sign ordinance amendment, Member Rice said he would not support that as he felt the restaurant would succeed or fail not because of the sign, but upon good value, great service, good food, and ambiance. Member Paulus said she would support both ordinance amendments because she felt the restaurant as proposed would be a positive for the 50th and France area and a place people would want to frequent. She added that she would not favor a sunset provision to the ordinance permitting sidewalk cafes because in order to renew a permit the requirements of the ordinance would have to be met. Member Paulus offered Ordinance No. 1994-6 - An Ordinance Amending Section 1200 and 1230 of the City Code to Permit Sidewalk Cafes for First Reading as presented and on file in the office of the City Clerk, subject to modification prior to Second Reading to include language relative to annual review and indemnification of the City. Motion was seconded by Mayor Richards. 7/5/94 I 299 Member Rice offered an amendment to the motion for First Reading of Ordinance No. 1994-6 to include a sunset provision of December 31, 1995. Motion was seconded by Member Smith. Ayes: Rice, Smith Nays: Kelly, Paulus, Richards Motion failed. Mayor Richards then called for vote on the main motion for First Reading of Ordinance No. 1994-6. Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. Member Paulus offered Ordinance No. 1994-7 - An Ordinance Amending Section 460 to Provide New Requirements for Projecting Signs for First Reading as presented and on file in the office of the City Clerk, subject to modification prior to Second Reading to include language relative to indemnification of the City. Motion was seconded by Member Smith. Member Rice offered an amendment to the motion for First Reading of Ordinance No. 1994-7 to include a sunset provision of December 31, 1995. failed for lack of second. Motion to amend Ayes: Kelly, Paulus, Smith, Richards Nays: Rice First Reading granted. BID AWARDED FOR RUBBERIZED RAILROAD CROSSING MATERIAL asked this item be removed from the Consent Agenda to ask why the City is responsible for a purchase regarding the railroad. that the So0 Line Railroad is going to redo its trackage at Dewey Hill Road and Valley Lane and will install the new crossing material at each site if the City provides the material. Mayor Richard said he had Engineer Hoffman answered Member Smith made a motion for award of bid for purchase of rubberized railroad crossing material to recommended low bidder, Reidel Omni Products, at $12,680.96. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR REDWOOD TEE SIGNS AND POSTS FOR BRAEMAR GOLF COURSE Motion was made by Member Smith and was seconded by Member Rice for award of bid for redwood tee signs and posts for Braemar Golf Course to recommended low bidder, Earl P. Andersen, at $7,040.15. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR GRADING/SODDING OF TWO FAIRWAYS AT BRAEPLAR GOLF COURSE Hotion was made by Member Smith and was seconded by Member Rice for award of bid for grading and sodding of two fairways at Braemar Golf course to recommended low bidder, Perkins Landscape, at $8,790.70. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR COMMUNICATIONS LINK WITH LOGISDS TJEST Motion was made by Member Smith and was seconded by Member Rice for award of bid for communications link with LOGISflSWest to sole source, USWest/U)GIS, at $8,446.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR REVERSIBLE EDGE SNOW PLOW AND WING Motion was made by Member Smith and was seconded by Member Rice for avard of bid for one reversible edge snow plow and wing to recommended low bidder, J. Craft, at $12,390.21. Motion carried on rollcall vote - five ayes. 300 7/ 5/ 94 *BID AVARDED FOR BOILW AN'D MACHINERY INSURANCE and vas seconded by Member Rice for award of bid for boiler and machinery insurance to Traveler's Insurance Company, at $7,490.00. Motion was made by Member Smith I Motion carried on rollcall vote - five ayes. *CHBNGE ORDER APPROVED FOR BRAEMAR GOLF COURSE EXPANSION ADDITIONAL WORK Motion vas made by Member Smith and was seconded by Member Rice to approve Change Order No. 9 in the amount of $8,220.00 for final adjustments to the Braemar Golf Course expansion contract awarded to Arnt Construction Company. Motion carried on rollcall vote - five ayes. PROCESS FOR RELEASE OF CONSERVATION RESTRICTION DISCUSSED Attorney Gilligan recalled that over the last few years the Council has been asked to release or modify several conservation restrictions. partial release of the conservation restriction on the Dalquist Addition which was denied by the Council. revised request to release a portion of the Dalquist Addition conservation restriction, the Council may wish to review the City's present procedure for considering such requests for releases or modifications. He referenced the recent request for a Since it is likely that the City will receive a Attorney Gilligan explained that conservation restrictions have been granted in favor of the City pursuant to M.S. 84.64 in order to retain land or water areas predominantly in their natural, scenic, open or wooded condition, and to forbid certain uses or actions for the property. A Conservation restriction, which is not a public easement, does not give the City any rights to use the property other than to enter onto the property to assure compliance or to enforce the restriction by injunctive action. M.S. 84.65, subdivision 3, provides that a conservation restriction may be released by the City and does not require the City to give any notice or hold a public hearing in connection with such release. While not required by law, it has been the City's practice to follow the notice and hearing procedure for vacation of public easements under M.S. 412.851. The City has required that the owner of the property subject to the conservation restriction submit an application for the release in the form provided in Code Section 820 for vacation of easements and pay the required fee. required that a majority of the owners of land which abuts the conservation restriction sign the application as is required for a petition for vacation of a public easement, but has followed the notice requirements under M.S. 412.951 for two weeks' published and posted notice and mailing of written notice to abutting property owners. written notice was mailed to all property owners who were noticed when the plat was considered. The City has not For the recent release request on the Dalquist Addition, Attorney Gilligan said that the Council may wish to consider whether staff should continue to follow a process for release of conservation restrictions similar to the process followed for vacation of public easements. City could modify the notice requirements to not require published notice but expand the mailed notice requirement to include all property owners who received mailed notice in connection with the subdivision request. As an alternative, the Following discussion, it was the consensus of the Council to continue to follow the practice that has been used for past requests to release or modify conservation restrictions. SUN NEGTSPAPW PUBLICATION DEADLINES DISCUSSED Connected with the same issue on procedure, Planner Larsen explained the process staff follows on public hearings. The assumption is made by staff that the Council will set the recommended hearing date for the reason that the Planning Commission meets on Wednesday night and the Council sets the hearing date the following Monday night. In order to meet 7/5/94 301 publication deadlines notice must be sent to the Edina Sun-Current, as the official newspaper, on the prior Thursday. If the Council does not set the hearing date as anticipated, the-process is started over when the date is set. Discussion followed as to whether staff should make such an assumption. Larsen clarified that if notice is sent to the official newspaper after Council sets the hearing date, planning matters would be pushed back two to three weeks depending on the cycle. Attorney Gilligan interjected that the statute requires some period of time for publishing and posting notice - it does not require a formal resolution calling for a hearing. He said in some cities this is done at the staff level with no formal action by the council. Planner Following discussion, it was the consensus of the Council that Attorney Gilligan work with staff and provide Council with a full outline of past practice and recommended procedure. REMOVAL OF BRAEMAR TENNIS COURTS ORDERED presented the recommendation of the Edina Park Board from its meeting of June 14, 1994, that the Braemar tennis courts be removed. He presented history on the issue summarized as follows. The Braemar courts are over 20 years old and have been repaired several times. The existing surface is basically laykold asphalt which is beyond its life expectancy and repair stage and needs to be totally replaced. $30,000 based on contractor bids. Park and Recreation Director Keprios Estimated cost for replacement of the surface is between $20,000 - The Edina Park Board first made this recommendation at its August 10, 1993, meeting. of the City's tennis courts. Montgomery and Jean Rydell, undertook this study. The committee's general comments were that tennis appears to be on the decrease and that it does not ' appear that $30,000 is a prudent expenditure of funds which could be better spent for playground equipment, paving for basketball, etc. Tennis courts if not repaired should be dismantled and fences removed. The Council referred the matter back to the Park Board for study of all A task force committee, chaired by Andrew Staff would concur with the Edina Park Board's recommendation to remove the Braemar tennis courts for the following reasons: 1. Lack of available funding to adequately maintain tennis courts. 2. Lack of tennis court use. 3. The Lewis Park tennis courts built in 1987 are in close proximity. 4. Ample tennis court time is available to meet the current demand. Director Keprios noted that Bill Jenkins, Park Board Chair, was present to answer questions. Chairman Jenkins told Council that although the Park Board was reluctant to make the recommendation it felt it was prudent to remove the Braemar courts at this time and restore the area to a landscape condition. Harvey DOW, 6212 Loch Moor Drive, said that when the Braemar courts were in better shape and prior to the construction of the Lewis Park courts they were heavily used. in Toronto, Canada, which originated in Switzerland, consisting of ground up rubber and polymer which can be applied to an existing surface. sets, colored granules are added so that the color is permanent. After that dries, loose granules are applied and the surface then plays like clay. The other advantage is that there is zero maintenance except for relining about every four years. would be easier for seniors to play on and in the long run would actually cost less. He explained that he has played on a newly developed court surface As the material He suggested that the City consider using this new surface which 7/5/94 3u2 Member Rice asked Mr. Dow what in his judgement has led to the decline in use of outdoor tennis courts. Mr. Dow said he felt tennis is a cyclical sport which may account for the current decrease in play. Board look at creating a small picnic area if the tennis courts are removed. . Member Paulus suggested that a temporary sign be placed at the site advising users of the location of the nearest tennis courts. Member Rice made a motion to approve the recommendation of the Ed- Park Board for removal of the Braemar tennis courts. Motion was seconded by Member Paulus. Member Smith suggested that the Park I , Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *PETITION FOR AIJZY PAVING/CONVERSION TO PWLIC AI;I;ey REFERRED TO ENGINEERING DEPARTMENT refer the petition for alley paving/conversion to public alley in the 4100 block of Sunnyside Road to the Engineering Department for processing. Motion was made by Member Smith and vas seconded by Member Rice to Motion was carried on rollcall vote - five ayes. *PETITION FOR STANDARD STREET LIGHTING (LBNTBNB LANE) REFERRED TO EMGINEERING DEPAW"T refer the petition for standard lighting on Lantana Lane to the Engineering Department for processing. Motion was made by Member Smith and was seconded by Member Rice to Motion was carried on rollcall vote - five ayes. COUNCIL ADVISED OF 1995 BUDGET HEARINGS following proposed schedule of 1995 Budget hearings noting that the two latter dates are for the purpose of receiving public comment: Manager Rosland advised Council of the Monday , July 18 5:30 to 6:30 P.M. (Budget Assumptions) Thursday, August 18 5:OO to 7:OO P.M. (Preliminary Budget) Thursday, August 25 5:OO to 7:OO P.M. (Preliminary Budget) Member Paul= made a motion approving the 1995 Budget hearing dates as recommended. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards CLAIMS PAID as sham in detail on the Check Register dated June 30, 1994, and consisting of 33 pages: General Fund $264,419.11; C.D.B.G. $3,025.00; Communication $9,606.66; Working Capital $12,635.79; Art Center $10,751.51; Swimming Pool $2,020.34; Golf Course $32,414.74; Ice Arena $2,382.00; GM Range $457.62; Edinborough/Centennial Lakes $20,419.20; Utility Fund $293,027.09; Storm Sewer $6,035.77; Liquor fund $89,801.91; Construction Fund $52,970.11; TOTAL $799,966.85. seconded the motion. Member Rice made a motion to approve payment of the following claims Member Paulus Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:50 P.M. 7kd3-U City Clerk