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HomeMy WebLinkAbout19941003_regular85 HIHUTFS ED= CITY COU'NCIL HELD AT CITY HALL OF THE BEGUIAR MEETING OF THE OCTOBER 3, 1994 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Richards. I CONSENT AGENDA I!I'EHS APPROVED Motion vas made by Member Kelly by Member Rice to approve and adopt the Council Consent Agenda Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Smith and Mayor and was seconded as presented. *HI"TES OF BEGmBa MBXTING OF SEPTEMBER 7. 1994. AND CLOSED COllNCIL MEETING OF . SEPTEMBER 7. 1994 APPROVED Member Rice to approve the Minutes of the Regular Council Meeting of September 7, 1994, and Closed Council Meeting of September 7, 1994. Motion vas made by Member Kelly and was seconded by Motion carried on rollcall vote - five ayes. PUBLIC HEARJXGS CONDUCTED ON SPECIAL ASSESSMENTS: ASSESSMENTS LevIED Affidavits of Notice were presented, approved and ordered placed on file. been given, public hearings were conducted and action taken as recorded on the following proposed assessments: Due notice having 1. WATERMAIN IMPROVEMENT NO. WM-373 Location: Centennial Lakes Analysis of assessment for Watermain Improvement No. WM-373 showed total construction cost of $41,534.36 proposed to be assessed against 98 assessable lots at $423.82 per assessable lot. No objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment for Watermain Improvement No. WM-373 approved by motion of Member Rice, seconded by Member Smith and carried unanimously. Assessment to be spread over three years. (Assessment levied by resolution later in Minutes.) 2. SANITARY SEWER IMPROVEMENT NO. SS-384 Location: Centennial Lakes Analysis of assessment for Sanitary Sewer Improvement No. SS-384 showed total construction cost of $33,207.30 proposed to be assessed against 98 assessable lots at $338.85 per lot. objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment for Sanitary Sever Improvement No. SS-384 approved by motion of Member Rice, seconded by Member Kelly and carried unanimously. - Assessment to be spread over three years. No (Assessment levied by resolution later in Minutes.) 3. STORM SEWER IMPROVEMENT NO. STS-225 Location: Centennial Lakes Analysis of assessment for Storm Sewer Improvement No. STS-225 showed total construction cost of $15,501.64 proposed to be assessed against 98 assessable lots at $158.18 per lot. objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment for Storm Sever Improvement No. STS-225 approved by motion of Member Kelly, seconded by Member Paulus and carried unanimously. Assessment to be spread over three years. No (Assessment levied by resolution later in Minutes.) 4. ALLEY IMPROVEMENT NO. E-33 Location: West 64th Street and Xerxes Avenue Analysis of assessment for Alley Improvement No. E-33 showed total construction cost of $7,626.12 proposed to be assessed against six assessable lots at $1,271.02 per lot. No objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment for Alley Intprmement No. E-33 approved by motion of Member Assessment to be spread over ten years. 86 10/3/94 smith, seconded by Member Rice and carried unanimously. resolution later in Minutes.) (Assessment levied by 5. STREET LIGHTING IMPROVEMENT NO. L-37 Location: Virginia Avenue and Virginia Lane Analysis of assessment for Street Lighting Improvement No. L-37 showed total construction cost of $665.28 proposed to be assessed against four lots at $163.82 per lot. One year assessment payable in 1995. No objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment for Street Lighting Improvement No. L-37 approved by motion of Member Paulus, seconded by Member Smith and carried unanimously. (Assessment levied by resolution later in Minutes.) 6. STORM SEWER IMPROVEMENT NO. STS-226 Location: McCauley Trail Pond Analysis of assessment for Storm Sewer Improvement No. STS-226 showed total construction cost of $3,438.24 proposed to be assessed against 12 lots at $286.52 per lot. received from Ethel Gustafson, 6521 McCauley Trail. Ms. Gustafson was present and voiced her concern with the pond's condition. Lowering the pond level has magnified the problem with three culverts emptying into the pond bringing salt, dirt, oil, and sand from Timber Trail, McCauley Trail and Timber Ridge. She asked that the water coming into the pond be treated with aeration, chemicals, or perhaps by adding a sediment pond to treat run-off water before it enters the McCaluey Trail Pond. Ed Noonan, 6400 Timber Ridge, said his home is not directly on the pond but is included in the assessment and had no objection to the assessment. He told Council that by lowering the level of the pond the lots at the shallow end are losing from 15 to 25 feet of lakeshore. pond is filling in with sand, dirt and contaminates. of the pond needs to be examined, i.e. 1) does runoff into the pond need to be controlled or altered, 2) is justice being done to the pond or is this a "RP pond by today's standards. 95, all ponds will be identified and classified and this pond could be used as a test pond. of Member Smith, seconded by Member Rice and carried unanimonsly. levied by resolution later in Minutes.) Assessment to be spread over three years. Written objection was In addition, the He said the total condition Engineer Hoffman explained that during winter 1994- Assessment for Storm Sever Improvement No. STS-226 approved by motion (Assessment 7. MAINTENANCE IMPROVEMENT NO. M-94 Location: 50th and France Business District Analysis of assessment for Maintenance Improvement No. M-94 showed total maintenance cost at $74,798.76 proposed to be assessed against 325,212 assessable feet at $0.23 per foot. No objections were heard and no written objections had been received prior hereto. Engineer Hoffman said that the proposed assessment is up by $0.05 per square foot because the total cost now includes parking lot maintenance, parking lot monitor, and additional snowplowing personnel as requested. Improvement No. H-94 approved by motion of Member Smith, seconded by Member Rice and carried unnbimannly. One year assessment payable in 1995. Assessment for Maintenance (Assessment levied by resolution later in Minutes.) 8. TREE REMOVAL PROJECT NO. TR-94 Various locations in City Analysis of assessment for removal of dead or diseased trees showed total cost of $8,400.99 proposed to be assessed against 11 parcels. to be spread over three years: assessment of $814.73 for 5704 Beard Avenue South; assessment of $628.35 for 5505 Chantrey Road; assessment of $979.80 for 5 Edina Court; assessment of $628.35 for 5928 Ewing Avenue South; assessment of $340.00 for 4007 Sunnyside Road; assessment of $580.43 for 6020 Xerxes Avenue South; assessment of $590.00 for 6008 Zenith Avenue South. be spread over five years: assessment of $447.30 for 4500 Dunberry Lane; assessment of $686.93 for 407 Monroe Avenue South. be spread over six years: assessment of $1,544.25 for 5243 Brookside Court; assessment of $1,160.85 for 3907 West 54th Street. Avenue South, questioned whether she should be responsible for the assessment as The following assessments The following assessments to The following assessments to Kathy Osterlund, 5928 Ewing 10/3/94 87 she had purchased the property on March 31, 1994, and the tree was removed prior to her occupying the property. Mayor Richards said the assessment is spread on the property and who pays is not a City issue. and no written objections to the proposed assessment were received prior hereto. Assessment for Tree Removal Project No. TR-94 approved by motion of Member Kelly, seconded by Member Rice and carried unanimously. (Assessment levied by resolution later in Minutes.) No other objections were heard 9. AQUATIC WEEDS IMPROVEMENT NO AQ-94 Location: Indianhead Lake Analysis of assessment for Aquatic Weeds Improvement No. AQ-94 for Indianhead Lake showed a total cost of $7,887.00 proposed to be assessed against 33 homes at $239.00 per home. No objections were heard and no written objections to the proposed assessment were received prior hereto. Analysis of assessment for Aquatic Weeds Improvement No. AQ-94 for Mill Pond showed a total cost of $8,036.25 less City contribution of $1,500.00, for a total cost of $6,536.25 proposed to be assessed against 63 homes at $103.75 per home. One year assessment payable in 1995. Written correspondence was received from Stephen Snyder, 4601 Sunnyside Road, suggesting the annual assessment notice inform adjacent property owners that their lawn fertilizer practices contribute to the aquatic weed growth. objections to the proposed assessment were received prior hereto. Analysis of assessment for Aquatic Weeds Improvement No. AQ-94 for Arrowhead Lake showed a total of $11,994.21 proposed to be assessed against 31 homes at $386.91 per home. One year assessment payable in 1995. Ray Kullberg, 4808 West Sunnyslope, commented that a poor job of weed cutting was done this year, especially on the East Sunnyslope side. No objections were heard and no written objections to the proposed assessment were received prior hereto. Aquatic Weeds Improvement No. AQ-94 approved by motion of Member Smith, seconded by Member Rice and carried unanimously. in Minutes.) One year assessment payable in 1995. Location: Mill Pond No objections were heard and no other written Location: Arrowhead Lake Assessment for (Assessment levied by resolution later Following the presentation of analysis of assessments and approval, Member Smith introduced the folloving resolution and moved adoption: SPECIAL ASSES!ZMENTS LEVIED ON ACCOULJT OF VARIOUS PUBIJC ~O~S AND PROJECTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearings as required by law on the proposed assessment rolls for the improvements and projects hereinafter referred to, and at such hearings held on October 3, 1994, has considered all oral and written objections presented against the levy of such assessments. 2. Each assessment as set forth in the assessment rolls on file in the office Watermain Improvement No. UH-373 Sanitary Sewer Improvement No. SS-384 Storm Sewer Improvement No. STS-225 Alley Improvement No. E-33 Street Lighting Improvement No. L-37 Storm Sewer Improvement No. STS-226 Maintenance Improvement No. H-94 Tree Removal Project No. TB-94 Aquatic Weeds Improvement No. AQ-94 of the City Clerk for the following improvements: does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are .hereby adopted and confirmed as the proper assessments on account of said respective improvements and projects to be spread against the benefitted lots, parcels and tracts of land described therein. 10/3/94 8 8 3. The assessments shall be payable in equal lnstallments, the first of said installments, together with interest at a rate of 8.0% per annum, on the entire assessment from the date hereof to December 31, 1995, to be payable with the general taxes for the year 1995. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. number of such annual installments shall be as follovs: The Name of TmDrovement WATERHAIN IKPROVEMEHT NO. UH-373 (Levy NO. 13201) SANITARY SEXER JHPROVEMENT NO. SS-384 (Lev NO. 13198) STORM SESIEB IKPROVEKENT NO. STS-225 (Levy NO. 13199) AXLEY IKPROVEMEKL' NO. E-33 (Levy NO. 13202) STBET LIGHTING lM?ROVEHENT NO. L-37 (Levy NO. 13197) STORM SESIEB IHl?ROVEHEN!C NO. STS-226 (Levy NO. 13200) HUKCEWHCE IH2ROVEHENT NO. H-94 (Levy NO. TBeE REMOVATi PROJECT NO. TB-94 (Levy NO. 13194) 13190) (Levy No. 13195) (Levy No. 13196) AQUATIC WEEDS IKPROVEHENT NO. AQ-94) (Levy NO. 13193) No. of Installments 3 years 3 years 3 years 10 years 1 year 3 years 1 year 3 years 5 years 6 years 1 year 4. The City Clerk shall forthvith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The City Clerk shall also mail notice of any special assessment which may be payable by a county, by a political subdivision, or by the mer of any right-of- way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PaeLIzIIHdaY PLAT APPROVAX GRANTED - AROH ADDITION (LOT 12 AUDITOR'S SUBDIVISION NO. 325) - 5200 SCEAEFER ROAD Affidavits of Notice were presented, approved and - ordered placed on file. Presentation bv Planner Planner Larsen stated that the subject property, located at 5200 Schaefer Road, is a developed single dwelling lot with a lot area of 127,380 square feet. Access to the exiting home is from Schaefer Road. Road frontage, the lot has access to Larada Lane on its westerly side. In addition to the Schaefer The proposed subdivision would create one, new buildable lot and would utilize the Larada Lane frontage for access. dwelling are as follows: Dimensions for the new lot and the existing Lot Width Lot DeDth Lot Area Lot 1 (New) 193 ft. 240 ft. 42,446 sq. ft. Lot 2 (Old) 200 ft. 410 ft. 84,934 sq. ft. Median sizes and dimensions for lots in the 500 foot neighborhood are: Lot Width Lot DeDth Lot Area 148 ft. 210 ft. 42,289 sq. ft. The proposed lots conform to Ordinance requirements and no variances are 89 required. portion of the property and adjacent to the existing dwelling would still be maintained. The 100 foot setback requirement from the pond on the southerly At its meeting of August 31, 1994, the Planning Commission recommended preliminary plat approval, subject to: 1) final plat approval, 2) subdivision dedication, 3) developer's agreement, and 4) increase in utility easement to 25 feet along the north and east property line. Member Rice asked if the existing lot would meet ordinance standards regarding hard surface requirements after subdivision. Planner Larsen answered that it would. Presentation for Proponent Mike Gair, McCombs Frank Roos and Associates, stated that he represented the proponent, Sue Arom. He said Mrs. Arom had reviewed the request of the Planning Commission and she agreed to the 25 foot increase in the utility easement along the north and east property lines for the new lot. Mayor Richards then called for public comment on the proposed subdivision. comment or objection was heard. No Member Rice moved adoption of the following resolution, subject to: 1) final plat approval, 2) subdivision dedication, 3) developer's agreement, and 4) increase in utility easement to 25 feet along the north and east property line: RESOLUTION APPROVING PREIJHllWRY PIAT FOR AROM ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "AROM ADDITION", platted by Kit and Sumonda Arm, husband and wife, and presented at the regular meeting of the City Council of October 3, 1994, be and is hereby granted preliminary plat approval. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. ORDINANCE NO. 1994-10 - AMENDING CITY CODE BY REPEALING SUBSECTION 900.261 (AUTOMATIC TERMINATION OF PROVISION TO CHANGE THE HOURS OF SALE OF WINE OR INTOXICATING LIOUOR AT 1O:OO A.M. SUNDAYS) ADOPTED ON SECOND READING Assistant Manager Hughes reminded Council that on October 19, 1993, Ordinance No. 1993-11 was adopted. commencing at 1O:OO A.M. on Sundays. Prior to the enactment of this Ordinance, Sunday sales could not commence until noon. The Ordinance, as adopted by the Council, contained a sunset provision whereby the Ordinance would terminate on October 27, 1994. provision and would incorporate the 1O:OO A.M. Sunday sale language as a permanent part of the Code. 1994. This Ordinance permitted the sale of wine or intoxicating liquor The proposed Ordinance 1994-10 would eliminate the sunset The Council granted First Reading on September 19, Staff would recommend granting of Second Reading. Mayor Richards called for public comment on proposed Ordinance No. 1994-10. comment or objection was heard. No Member Smith moved Second Reading and adoption of Ordinance No. 1994-10 as follovs : ORDINANCE NO. 1994-10 ORDINANCE AMENDING THE CITY CODE BY REPEALTHG SUBSECTION 900.26 (AUTOMATIC TERMINATION OF PROVISION ALIDUJXG TEE SALE OF WINE OR ~OXICATING LIQUOR COMMENCING AT 1O:OO A.M. ON SUNDAYS) 10/3/94 THE CITY COUNCIL OF THE CITY OF EDIHh ORDAIHS: Section 1. in its entirety. Subsection 9090.26 of Section 900 of the City Code is repealed Q %dLks &l!A-4 Mayor Section 2. and publication. This ordinance shall be in full force and effect upon passage A!J!!CEST: Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. *BID AWARDED FOR 1995 EDR?A PARK AND RECREATION ACTIVITIES BROCHURE Motion was made by Member Kelly and vas seconded by Member Rice for award of bid for the 1995 Edina Park and Recreation Activities Brochure to recommended low bidder, Northwest Printing Company, at $11,817.40. Motion was carried on rollcall vote - five ayes. PARK BOARD RECOMHEHDATION FOR CLOSURE OF STRACJUUER PARK SKATING RIHK APPROVED Park Director Keprios told Council that at the Park Board meeting in March 1994, staff recommended that the Board consider not opening or maintaining four outdoor skating areas of the 20 that had previously been maintained. said that the number of outdoor skaters has declined from 118,000 in the late 70's to 24,000 outdoor skaters this past season. In the 1970's it cost $.62 per skater to maintain the rinks which did not include salaries for rink attendants or utilities. As background, he Today the cost is $3.69 per outdoor skater per season. Staff further recommended that, if the Board were to consider this issue, the Board would hold a public hearing on the matter before making any recommendations to the Council. July 12, 1994. Based on the hearing and input from the community, staff changed - the recommendation to maintain all outdoor skating rinks with the exception of Strachauer Park. community ; The Board held a public hearing on the matter at its meeting of The recommendation was based on the following concerns of the 1. 2. 3. 4. 5. Neighborhood park concept is vitally important to the growth and development of our youth. Community concern about the unknown future demands due to promotion and development of girls' hockey and the Edina Hockey Association's desire to schedule more outdoor hockey time. Residents willingness to pay more taxes to keep the remaining outdoor rinks maintained. Residents stating that they do not want fiscal responsibility carried out at the expense of the growth and development of their children. Outdoor skating rink facilities are an extremely valuable neighborhood recreational opportunity for both youth and adults. I At the September Park Board meeting, staff recommended the Park and Recreation Department not maintain the Strachauer Park outdoor skating area for the 1994-95 season for the following reasons: 1. Low attendance in 1993-94 season (only 533). 2. No hockey rink at the site. 10/3/94 91 3. Very little community input/demand from that area. Mayor Richards asked for public comment on the Park Board recommendation. comment or concerns were heard. No Responding to Member Rice, Director Keprios said that Strachauer Park had a hockey rink many years ago. maintaining the existing 10 hockey rinks. Strachauer Park, attendance at the rink would go up. The Hockey Association strongly recommends If a hockey rink were added to Member Kelly made a motion to approve the recommendation of the Park Board to leave all outdoor skating rinks open with the exception of Strachauer Park. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PARK BOARD RECOHHEHDATION FOR ARNESON ACRES GAZEBO PLAN APPROVED Park Director Keprios told Council that at the Park Board meeting of September 13, 1994, the Edina Garden Council requested that the City approve a revised gazebo plan for Arneson Acres Park. The plan was revised from its original design because the Edina Garden Council thought the original design was too expensive and they did not like the plan. He explained that construction of the original plan, as designed by Architect Andrew Lester, would cost approximately $85,000. The current revised plan recommended by the Edina Garden Council is estimated at approximately $35,000. The Edina Garden Council had asked the Edina Park Board to recommend to Council that the new plan be approved for construction with all monies to come from funds raised by the Edina Garden Council. Mary Brindle, Edina Garden Council President, presented a board showing the revised plan. cement pad was laid. from the former Wooddale School have been erected. The cost of the cement and installation of the columns was completed for approximately $20,000. the Garden Council has been trying to decide on the design for the gazebo. Finally a decision was made to build a wooden gazebo made out of cedar. construction bids have been received and Lake Country Builders has consented to build it for $31,000. and retired Park Director Robert Kojetin has promised $5,000 from memorials and donations to the park. Member Smith made a motion to approve the Park Board recommendation to build the Arneson Park gazebo as proposed by the Edina Garden Council with donated funds from the Garden Council and to include $5,000 held by the City in the Garden Council donations account. She pointed out that about one year ago a 36 foot, flower-shaped Within that pad on a 12 foot diameter circle five columns Since then Three - Mrs. Brindle said the Garden Council has raised $25,900 Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion adopted. *EE"EPlN COUNTY RECYCIJXG GRAIW APPLICATIOH APPROVED Motion was made by Member Kelly and was seconded by Member Rice for adoption of the following resolution: WHEREAS, pursuant to Minnesota Statute 115A.551, whereby each county in the metropolitan area has as a goal to recycle a minimum of 35 percent (35%) by weight of total solid waste generation and has as a supplementary goal, by December 31, 1996, to recycle 45 percent (45%) by weight of total solid waste generation; and each county must develop and implement or require political subdivisions vithin the county to develop and implement programs, practices, or RESOLU!CION 92 10/3/94 methods designed to meet its recycling goal; and RHEREAS, pursuant to Minnesota Statute 115A.552, counties shall ensure that residents have an opportunity to recycle; and WEEREAS, Hexmepin County Ordinance 13 requires each city to implement a recycling program to enable the Couney to meet its recycling goals; and UHEREAS, in July 1994, the Hemepin County Board of Conmissioners approved a Residential Recycling Funding Policy for a five year period January 1, 1995 through December 31, 1999, to distribute to cities 100% of SCORE funds received by the County from the State of Minnesota for residential collection of recyclables; and WHEREAS, to be eligible to receive these County funds, cities must meet the conditions set forth in the "Funding Policy;" and VHEBEhS, the City of Edina desires to receive these County funds; THEREFORE, BE IT RESOLVED that the Edina City Council authorizes the submittal of the 1995 through 1999 Municipal Recycling Grant Application, Hennepin Coune Residential Recycling Program; and BE IT PWTHEB RESOLVED that the City will use such County funds only for the limited purpose of implementing the City's waste reduction and recycling program. Motion carried on rollcall vote - five ayes. mGS EDI€?A ITINERANT FOOD LICENSE FEE WAIVED and was seconded by Member Rice to waive the itinerant food establishment license fee for TAGS Edina (Gymnastic Booster Club) for the dates of January 14-15, January 21-22 and April 29-30, 1995. Motion was made by Member Kelly Motion carried on rollcall vote - five ayes. *RESOLUTION ADOPTED DESImThTING H.E.C.O. DIRECTOR AND AL!L"ATES Motion was made by Member Kelly and was seconded by Member Rice for adoption of the following resolueion: BESOLUTION BE IT RESOLVED that the Edina City Council does hereby appoint Kenneth E. Rosland as Director, William Bernhjelm as First Alternate and Michael Siitari as Second Alternate Director, In accordance with the H.E.C.O. Agreement. Motion was carried on rollcall vote - five ayes. TRUTH Ipil TAXATION NOTICES DISCUSSED memorandum from Assistant Manager Hughes in answer to questions raised by Council at the last meeting with respect to Truth in Taxation notices and advertisements. Included with the memorandum was a copy of the proposed Notice of Proposed Property Taxes advising that the Edina city council will hold a public hearing on November 19, 1994, on its budget and on the amount of property taxes for 1995. In addition, a draft letter ad was included which in staff's opinion would be most effective if it accompanied the required Truth in Taxation ad on November 23, 1994. Mayor Richards made reference to a Cost of such would be $316.00 for a one-eighth page ad. Discussion followed with the Council Members expressing differing opinions regarding size, number of weeks to publish and format for the ad. Member Smith then made a motion directing staff to place an ad condensed from the contents of the draft letter that would be supplaental to the official Notice of Proposed Property Taxes in the Edina Sun-Current for publication on November 16 and November 23, 1994. Motion was seconded by Member Rice. Rollcall : Ayes: Paulus, Rice, Smith Nays: Kelly, Richards Motion carried. I CONCERNS EXPRESSED REGARDING ALLEGKD DAMAGE TO VEHICIlFlS DURING STBET WORK ON VEST 77TH STBEET Jill Mickelson, Property Manager for Pentagon Park, told 10/3/94 93 Council that on September 7, 1994, the City of Edina was performing a milling operation along West 77th Street and several tenants who had parked in Pentagon's parking lot had damage to their vehicles. Simultaneously, building roof work was being done at Pentagon's 4930 building located approximately a quarter mile away from the area of the milling operation. that the substance on the vehicles is from the roofing operation and not from the milling operation. was present to explain the substance they were using and that several employees of Pentagon Park would also like to make comment. She said the City of Edina is alleging Ms. Mickelson said that an employee of the roofing company The following individuals spoke regarding the damage to their vehicles from the sticky substance: Thomas Manthei read a statement of John Noren, Noren Financial Corp, 4640 West 70th Street; Jim Hemann, office at 4510 Pentagon Park (14399 Bedford Drive, Eden Prairie); and Rusty Mays, office at 4530 West 77th. Dale Swenson, 9933 Portland Avenue, Bloomington, representing the J.A. Dalsin Roofing Company, stated they were the roofers working on the building. conditions were mild winds from the southwest at 10 m.p.h. The damaged cars were due east. He said it would take an act of God for the roofing materials to travel that far at 10 m.p.h. winds. Weather Mayor Richards asked how many claims have been filed and if an analysis of the substance has been made by an independent laboratory. Assistant to City Manager Smith said 47 claims have been received to date and that a professional analysis of the substance on the vehicles has not been made. Mayor Richards suggested that in order to resolve this factual dispute a chemical analysis should be run on one of the affected vehicles by a testing laboratory. concurred and that the City should proceed to get this done even though staff is still talking with the insurance company regarding the liability issue. Member Smith said he Member Kelly made a motion directing staff to obtain a chemical analysis of the substance on the affected vehicles from an independent testing laboratory and report back the results to the Council on October 17, 1994. by Member Smith. Motion was seconded Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PETITION TO CUL-DE-SAC INTERIACHEJl BOULeVLLRD PRESHWJlD: CONSIDERATION OF PETITION CONTINUED TO 10/17/94 Dale Renner, 6321 Interlachen Boulevard, presented a petition signed by approximately 100 individuals asking the Council to cul-de-ac Interlachen Boulevard, thereby eliminating any direct through traffic from Highway 169 to the Blake/Interlachen interchange. 1) review the key points of the petition, 2) present an alternative plan, and 3) conclude with seven reasons why this would serve the best interest of both the community and the business objectives of the developer. He told Council that he had been in contact with the developer, Harvey Hansen, and the plan is acceptable to Mr. Hansen in concept. Mr. Renner said he would: Mr. Renner called attention to the following key points in the petition: 1. The direct connection westward of Interlachen Boulevard to Malibu Drive and thence to four lane Highway 169 will cause traffic volume beyond the capacity of the present width of Interlachen west of Blake Road. Concern that the road will eventually be widened to accommodate the increased traffic flow by using portions of the City's 60 foot roadway easement (up to 17.5 feet on both the north and south sides of Interlachen and put a burden on residences on both sides of Interlachen west of Blake Road and place a grossly inequitable burden on the long established Interlachen properties west of Blake Road to accommodate the new 2. 10/3/94 development and potential development in Hopkins. The developer, Harvey Hansen, has publicly stated many times that he does not care whether or not Interlachen connects directly to Malibu Drive. In all of the Council meetings concerning this issue the many residents and neighbors have been very vocal in their opposition to a direct connection between Interlachen and Malibu. Because Malibu was granted a cul-de-sac at its southern end, Lincoln Drive was successfully cul-de-saced at the north end of the southern section and at the south end of the northern section, consistent planning calls for the cul-de-sacing of Interlachen. 3. 4. 5. Mr. Renner said that in the current plan Interlachen Boulevard would be extended westerly from the Interlachen/Blake area past Kelsey Terrace and then take a 90 degree southerly turn before connecting to Malibu Drive. The alternative plan suggested by the petition would cul-de-sac Interlachen Boulevard at two points, i.e. the area before the 90 degree turn on the current plan and a short section off of Malibu Drive to service the lots affected by cul-de-sacing the extension of Interlachen Boulevard. would need to proceed down Kelsey Terrace to Woodsage Drive and then turn west to connect to Malibu Drive. As a result, westbound through traffic on Interlachen Mr. Renner said the petitioners believe this alternative plan would be in keeping with the provisions of the Comprehensive Plan and would meet the best interests of the community and of the developer for these reasons: A. B. It supports traffic associated with the development. C. D. It provides ingress and egress in all directions (southeast, northeast and E. F. It supports delivery of all services to residents (plowing, street G. It minimizes traffic impact of the immediate area of Interlachen Boulevard and Parkwood Knolls. It eliminates need for Interlachen Boulevard widening. northwest). It supports notion of equitable distribution of traffic in community. maintenance, emergency vehicles, etc.). It creates no double frontage lots. In addition, the developer has said he believes that the value of his land will actually increase because he will not have to deal with increased traffic on Interlachen Boulevard. Mr. Hansen has said he will consider this type of plan change if, in fact, the Council states their support. On behalf of the petitioners, Mr. Renner asked the Council to approve the alternative plan. . In conclusion, Mr. Renner said the community is more than willing to accept an equitable share of the traffic associated with the new development but are vehemently opposed to the additional traffic associated with Highway 169 that no one wants or needs. through if they chose, but does not invite them to come through. The alternative plan does not preclude persons from coming Speaking in support of the petition and alternative plan were Betsy Robinson, 5021 Ridge Road; Tom Seitz, 6320 Interlachen Boulevard; Patrick Mantyh, 6413 Interlachen Boulevard; Mike Allen, 6404 Willow Wood Road; Charles Bohlig, 5200 Ridge Road; Lisa Fish, 5408 Larada Lane; Chuck Webster, 6645 Interlachen Boulevard; Jim Ronning, 6416 Interlachen Boulevard; Ed Glickman, 5217 Schaefer Road; David Sapila, 5205 Ridge Road; Mike Miller, 6328 Interlachen Boulevard; Bernie Nelson, 5008 Schaefer Road; and Wayne Packard, 4909 Prescott Circle. Mayor Richards asked Manager Rosland to explain the City's procedure on petitions. Council to refer the petition to staff for review and recommendation and then Manager Rosland explained that the normal procedure is for the 10/3/94 95 decision or action by the Member Smith stated that, Council. while he was sympathetic to the to tell Mr. Hansen or any other concerns about developer that through he would traffic, he was not ready support a proposal that has not been presented to the Council by the developer. Mayor Richards commented that, while he believed the City has done a good job of planning, a lot of information has come to the Council since 1978. This may be an opportune time to stop and look at the City's Comprehensive Plan. The one issue on which there is consensus is that this area be developed as a single- family neighborhood. He observed that the issue of how the traffic will flow into and out of this area and the impact on the surrounding neighborhood and the greater community may need to be looked at by a consultant so that the Council has the full picture. Member Rice recalled that Mr. Hansen was asked to do a traffic study on the area at the time of preliminary approval. Manager Rosland said it would not include tonight's proposal. alternative plan presented in any traffic study of the area and to then look at that, but that he was not prepared to go on record at this time as supporting the specifics of the petition. Member Rice said he would not object to including the Member Kelly said she agreed with the suggestion made by Mayor Richards for staff to rethink the Comprehensive Plan and have the traffic issue examined by an outside consultant. Beyond the traffic issue, she said there are enough other issues, i.e. potential Hopkins development, safety, emergency vehicle access, and the City's involvement in widening of Interlachen as it comes out to Blake Road that need to be considered as this land is developed. Member Smith asked if, by stopping the process to look at the Comprehensive Plan for this area, we would be creating a problem. once preliminary plat approval has been granted it is the property owner's call when he is ready to seek final plat approval. if perchance Mr. Hansen came in for final plat approval at the next meeting and the Council voted to continue the action for approval for, say, nine months because the Council was in the process of looking at the Comprehensive Plan would the Council have created a problem. Planner Larsen said the developer has waived the normal 120 day period for the Council to act but he could not respond as to the duration the Council may legally delay action. Planner Larsen explained that Specifically, Mayor Richards asked Member Smith made a motion to continue this matter and refer the petition to cul- de-sac Interlachen Boulevard to staff with the directive to come back on October 17, 1994, with information on hiring an outside planning consultant to assist City staff in reviewing the Comprehenshe Plan relative to land use and infrastructure necessary to support the proposed Parkwood Knolls development. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *PETITION FOR STBEET LIGHTING ON MALONEY AVENUE <ACROSS FROM TEE YARD AT 6938) REFERRED TO ENGI"G DEPAR- FOR PROCESSING Kelly and vas seconded by Member Rice to refer the petition for street lighting on the south side of Maloney Avenue across from the yard at 6938 to the Engineering Department for processing. Motion vas made by Member Motion carried on rollcall vote - five ayes THE EDINA FOUNDATION FINANCIAL STATEMENTS ACKNOWLEDGED The Council acknowledged receipt of The Edina Foundation Financial Statements for Years Ended June 30, 1994 and 1993. 10/3/94 9 6 CLAIMS PAID Member Smith made a motion to approve payment of the following claims as shorn in detail on the Check Register dated September 29, 1994, and consisting of 29 pages: General Fund $222,214.26; Communication $13,828.95; Working Capital $2,104.82; Art Center $9,758.78; Swimming Pool, $1,887.85; Golf Course $30,530.08; Ice Arena $14,351.63; Ice Arena $938.30; Edinborough/ Centennial Ialses $19,172.66; Utility Fund $276,588.63; Storm Sever $2,740.31; Liqyor Fund $54,057.43; Construction Fund $657.05; TOTAL $648,830.75. Motion was seconded by Member Kelly. 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 9:08 P.M. City Clerk