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MINUTES
OF THE BEGuIBa MEETING OF THE
ED= CITY COUNCIL EELD AT CITY JUXL
APJUL 3, 1995
ROIXCAXL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith,
and Mayor Richards. I
CONSElrpT 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, with the exception of removal of Item 1II.B - 20 1995 Electric Golf
Cars for Braemar Golf Course and Item 1II.E - Uaxed Paper Cups for Park and
Recreation.
Rollcall :
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*MINUTES OF REGUfAR MEETING OF MARCH 20, 1995 APPROVED
Smith and was seconded by Member Kelly to approve the Minutes of the Regular
Meeting of March 20, 1995.
Motion was made by Member
Motion carried on rollcall vote - five ayes.
PUBLIC HEARJXG HELD ON PEWANENT STBEET SURFACING WITH CONCRETE CURB AND
WASHINGTON AV"W: PROJECT ORDERED Affidavits of Notice were presented, approved
and ordered placed on file.
m/SIDEUATX IMPROV'EMEWC NO. EA-302 - MAUINEY AVENUE FROM BUKE ROAD TO
Presentation bv Engineer
Engineer Hoffman reported that Maloney Avenue is one of the City's state aid
collector streets in need of reconstruction.
Blake Road project adjacent to Mirror Lake.
preliminary review by the neighbors at an informal informational meeting.
The project would be similar to the
The proposed project has received
A public hearing notice was mailed to all property owners including Shepherd of
the Hills Church. It
appears that little support exists for either on street parking or a sidewalk,
including the church's opinion.
The mailing included results from a neighborhood survey.
The project would be constructed at a 28 foot width roadway which would require
prohibition of parking on both sides and notification to Mn/DOT by resolution
stating those conditions.
state standards.
together with execution of a hold harmless agreement in favor of Mn/DOT if the
variance is granted.
Also, the existing right-of-way does not meet existing
Therefore, a variance would be required from state rules
The proposed project would occur in 1995 or 1996 depending upon state approvals.
The project would be funded under the City's normal policy for state aid
collector streets of assessing a portion of the project cost, with the balance
funded through state aid gas tax.
approximately 82% state aid gas tax and 18% special assessment.
special assessment rate is $20.00 per front foot of property and one-third of the
$20.00 rate (or $6.67 per foot) for sideyard or backyard property and would be
assessed over a ten year period.
The preliminary cost split would be
The normal
Engineer Hoffman presented graphics of the Maloney Avenue project from Blake Road
to Washington Avenue illustrating the existing roadway, property lines, existing
right-of-way, proposed new curb and gutter lines and proposed sidewalk.
pointed out areas where the existing roadway and/or right-of-way varies in width.
He also noted that no extra land for right of way is available for sidewalk on
He
248 4/3/95
the cemetery side of the street.
Staff would recommend: 1) authorizing Improvement BA-302, 2) adoption of a
resolution prohibiting parking any time on Maloney Avenue to achieve the 28 foot
width requirement for state aid, 3) adoption of a resolution requesting a
variance from right-of-way width requirements and execution of a hold harmless
agreement to Mn/DOT for granting the variance. I
Member Maetzold inquired what a hold harmless agreement by the City would mean.
As an example, Engineer Hoffman said when Blake Road was reconstructed there was
a curve at the north end that could not be built to state aid design standards
for a 30 MPH speed limit so it was designed for a 25 MPH limit.
harmless agreement the State of Minnesota would be held harmless for any claim if
a car travelled too fast on the curve and an accident were to occur.
Under a hold
Member Kelly asked if the residents were told why the City is recommending
reconstruction of this collector roadway and how it fits into the street system.
Engineer Hoffman said they were told that the condition of the street indicates
that its useful life is over. When other streets in the area were rebuilt 20
years ago Maloney was excluded because staff knew it would be eligible for this
type of project (state aid) later on and it was not a high priority as compared
to other major streets.
collector roadway system and have available an alternate funding mechanism,
i.e. gas tax funds of which Maloney is a part.
He said 20 percent of all City streets are on the
Public Comment
Judy Johnson, 425 Monroe Avenue, asked for further explanation regarding the
variance.
construct the roadway to state standards so permission would need to be requested
from the State to complete the job.
number of cars on Maloney, but is concerned with speed.
within 25 feet of Maloney and if a sidewalk were built foot traffic would be 15
feet from her kitchen window. Lots in the area are small and do not have space
for a buffer from the traffic and the noise. Last summer she called traffic
control and was told that because of the cemetery and the T-streets, STOP signs
would not make a difference.
drivers aware that small children live in the neighborhood.
Engineer Hoffman explained there is not adequate right-of-way to
Ms. Johnson said she does not mind the
Further, her home is
Ms. Johnson said she believed STOP signs would make
Tom Walsh, 424 Van Buren Avenue, asked who would be responsible for snow removal
if the sidewalk were put in, noting that his sideyard already receives snow from
plowing.
Continuing, Mr. Walsh asked who would benefit from the sidewalk as 80 percent of
the residents on Maloney voted against it; he suggested that it would be the
residents on the side streets.
and curb and gutter but not sidewalk.
sidewalk will have to contend with bicycling and skateboarding.
Engineer Hoffman answered it would be the City's responsibility.
He concurred that Maloney Avenue needs repaving
Mr. Walsh concluded that walkers on the
Richard Sherman, 510 Arthur Street, asked why a sidewalk is still being proposed
when survey results showed an 80 percent objection to the sidewalk. He asked if
it was a funding requirement.
Comprehensive Plan for street improvements which includes installation of
sidewalks throughout many areas of the City and staff is charged with following
that basic plan. The Council has the responsibility of soliciting public views
and comments on all proposed projects and then makes the final decision regarding
maintenance of the City's infrastructure.
Gary Lee, 529 Arthur Street, said during his 15 years of residency many young
families have recently relocated to the area.
dangerous street for children to use whether they walk to school or use it for
Mayor Richards explained that the City has a
He noted that Maloney Avenue is a
4/3/95
249 bicycling. He said he would like to see a bike path or sidewalk to provide some
degree of safety.
Joe Faucett, 425 Van Buren Avenue, said he agreed with the previous speakers and
asked if a bituminous trail could be worked out.
right-of-way on the cemetery side for sidewalk but commented that it is unfair
for the residents to bear the sidewalk location. If sidewalk is built, he
suggested that it be for minimum width.
He concurred that there is no
Mayor Richards asked if additional private residential property would have to be
acquired if sidewalk were installed and who would pay for the actual cost of the
sidewalk. Engineer Hoffman answered that there is adequate room on the existing
right-of-way to work in a sidewalk.
process so the proposed special assessment would not change regardless of whether
sidewalk is put in or not.
is a dollar issue.
Those costs would be borne by the gas tax
Sidewalk is as much a Comprehensive Plan issue as it
Mildred Anderson, 425 Jefferson Avenue, commented that the snowplow piles snow on
her lot now and if sidewalk is installed she will have to contend with even more
snow on her property. She said she saw no need for sidewalk and while she has no
small children she has property to maintain.
John Townsend, 6512 Maloney Avenue, said he approved of the reconstruction of
Maloney Avenue but objected to the sidewalk as there is no need and there would
be too much property taken and paved over. Many of the houses are close to the
street now and a sidewalk will make that right-of-way seem even closer.
survey results indicated that 80 percent of the residents do not want the
sidewalk,
The
Greg Shank, 501 Tyler Court, explained that his home is the one that 21 years ago
was built very close to Maloney because of a storm sewer easement.
the road was moved approximately two feet because the road was on his property.
He pointed out that there still are some discrepancies on the survey and existing
lines and he would hate to lose additional right-of-way.
At that time
Alice Schulz, 425 Jackson Avenue, said she was for the street and curb and gutter
project but not for the sidewalk.
additional snow from the sidewalk because of the redwood fence on their property.
She said there would be no place to put
Gary Nash, 6521 Maloney Avenue, said when he moved into the neighborhood 18 years
ago the area did not have sidewalks and they liked that type of neighborhood. He
mentioned that Maloney does not lead to areas that most residents would walk to
such as shopping, etc. so a sidewalk is not needed.
only 20 to 25 feet back from Maloney and a sidewalk would change the neighborhood
drastically.
Many houses in the area are
No further comment on the proposed project was heard.
Council Comment/Action
Member Smith said he had visited the area of the proposed improvement and would
support reconstruction of Maloney Avenue but would side with the majority of the
residents that a sidewalk not be installed.
Member Maetzold commented that the project should proceed as presented, including
sidewalk on the north side because to him the issue is safety for the children
who now use the street. In talking with constituents with children where there
is no sidewalk, the number one comment is how can we get a sidewalk in front of
our home.
and the City would be remiss if it missed an opportunity to install them.
The Comprehensive Plan calls for sidewalks on all collector streets
Member
4/3/95 25 .. 0
Maetzold said that, although he understood the concern about the sidewalk snow
removal process, his observation has been that the snow removal crew is very
selective as to where the snow is placed and it does not appear to be a burden to
the homeowners.
Jane Paulus said she was reminded of the debate concerning sidewalks along
Wooddale Avenue, e.g. there has never been one or should not be one. Now with
the sidewalk in place the realization is how many pedestrians actually use it.
As to the sidewalk snow removal it appears to be pushed forward and does not
affect Wooddale homeowners much.
to look into the future.
including Maloney, will just get busier.
opportunity to do the project all at one time if sidewalks were not included in
this project. Regarding the issue of speed, Member Paulus submitted that a high
percentage of violators are the area residents themselves. She elaborated that
traffic speeds seem much higher to residents whose homes are on narrower streets.
and that the 30 MPH speed limit on residential streets is set by state statute.
The only way to protect pedestrians is by installation of sidewalk. Concerning
bike paths as suggested by some, Member Paulus said other residents in areas that
have bike paths have commented that they offer little protection especially in
winter when it is difficult to discern the markings.
would vote in favor of the project with sidewalk.
One of the Council's responsibilities is to try
She said her concern would be losing an
As a first ring suburb Edina's collector streets,
She concluded that she
Member Smith made a motion to approve Improvement Project BA-203 as recommended
by staff but without installation of sidewalk.
Kelly.
Motion was seconded by Member
Mayor Richards stated that, although the comment has been made that the sidewalk
would not appear to go anywhere, the Comprehensive Plan has identified the need
and if sidewalks are not installed now the opportunity to use state aid funds for
the cost may be lost.
needs to be acquired, he said he would support the installation of sidewalk.
Given the fact that no additional residential property
Member Smith observed that during this hearing he has not heard of any traffic
counts or research on sidewalk use. He believed no case has been made for
sidewalk installation in this area and the neighbors to the contrary have said
otherwise.
the project.
Engineer Hoffman noted that a 4/5 vote would be required to approve
Member Kelly commented that residents against installation of sidewalk will need
to let children walk across their lawns to board the school bus. She asked
Engineer Hoffman if he considered sidewalk to be a safety issue because Maloney
is a much narrower road than streets such as Gleason Road or Tracy Avenue and, if
so, she would consider rethinking her opinion about sidewalk installation.
Engineer Hoffman said staff's recommendation is simply reflecting the City's
Comprehensive Plan which basically says that a busy street should have a walkway
along it.
qualify as a state aid street.
require a variance in order to qualify.
28 foot roadway as compared to a 32 foot roadway is a safety issue and an
Mayor Richards interjected that the minimum road width is 32 feet to
In his opinion, residents walking on a
In this case, Maloney Avenue is 28 feet and would
additional three and one-half or four foot sidewalk would provide
safety . a measure of
Mayor Richards then called for vote on the motion on the floor.
Rollcall :
Ayes: Kelly, Smith
Nays: Maetzold, Paulus, Richards
Motion failed.
4/3/95
251 Member Smith suggested that staff ask if a portion of the cemetery property could
be acquired for sidewalk. Engineer Hoffman informed Council that he has talked
to right-of-way staff at the state about this and was told it is very difficult
to get cemetery property by right of eminent domain. In addition, there is a
grave that is located very close to the roadway.
Member Kelly then introduced the following resolutions and moved adoption
thereof:
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 :
RESOLUTION ORDERING STBEET IWROVEMENT NO. BA-302
I
IHPROVEHEN!C NO. BA-302 - PEUMENT STREET SURFACING VITH CONCRETE CURB AND
Gu!rmR AND SIDEWALK
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 3mprovement. 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 dd shall be referred to in all subsequent proceedings as:
P- STBEET SURFACING FlITH CONCRETE CURB AND GUTTER AND SIDEWALK
IMPROVEKEHT NO. BA-302
and the area to be specially assessed for a portion of the cost of the proposed
improvement shall include: Lot 7, incl. adj. 1/2 of vac. alley, Blk 13,
Mendelssohn; That part of the S 1/2 of NU 1/4 corresponding to Lots 4 and 5
Mealeys Grand Viev revised, nov vacated incl. adj. 1/2 of street vacation; That
part of N 1/2 of S 1/2 of NU 1/4 corresponding to Lots 6, 7 and 8 incl. adj.
street and alleys of Mealeys Grand Viev revised, nov vacated except hrp.; Beg. on
the N line of S 1/2 of NU 1/4 at a point 329.54 ft. U of the NE corner thof.,then
S 370.9 ft. then U 492.37 ft., then N 370 ft.to the B line of S 1/2 of NU 1/4,
then to beg.; Commencing on a line of S 1/2 of NU 1/4 at a point dis. 829.58 ft U
from NE comer thof., then S688.75 ft. to center line of Summit Av., then at
right angles U to center line of Grand View Av. then Northerly along Center Line
of said Av. to the Center Line of Shady Av., then Northeasterly along the center
line of said Av. to Ii line of S 1/2 of NU 1/4 then E to beg.; Lots 1 thru 4,
Block 1, Hansons 2nd Addn.; Lot 1, Blk. 1, Blanche Addn.; Beg. at NE comer of
Lot 1 then U to a point 40 ft. E from NU corner thof., then S to an intersectton
vith a line running from SE corner of Lot 6, to the NU corner of Lot 2, then
southeasterly to SE corner of Lot 6 then N to beg., also the U 10 ft. of Lots 21
thru 24 incl. Griffis Subdivision of Blk. 18, Hendelssohn, Uillards Subdivision
of Blk. 17; That part of Lot 24 lying E of the U 10 ft thof., and that part of
the N 5 ft of Lot 23 Lying E of the U 10 ft thof., and Lots 1 and 2, Griffis
of adj. vac. alley, Lot 14 and S 19 ft. of Lot 15 incl. adj. 1/2 of vac. alley,
Blk. 10; S 14 ft. of Lot 12 and all of Lot 13, Lot 14 and the S 14 ft. of Lot 15,
Blk. 11; S 14 ft of Lot 12 and all of Lot 13 incl. adj. 1/2 of vac. alley, Lot 14
and S 11 ft.of Lot 15 incl. adj. 1/2 of vac. alley, Blk. 12; Lot 13 and S 18 ft.
of Lot 12 incl. adj. 1/2 of vac. alley, Lot 14 and that part of Lot 15 lying S of
the N 42 ft. thof. incl. adj. 1/2 of vac. alley, Blk. 13; Lot 13 and S 8 ft. of
Lot 12 incl. adj. 1/2 of vac. alley, S 44 ft. of Lot 14 incl. adj. 1/2 of vac.
alley, Blk. 14;Lot 13 incl. adj. 1/2 of vac. alley, Lot 14 and S 14 ft. of Lot 15
incl. adj. 1/2 of vac. alley, Blk. 15; Lot 13 and S 23 ft. of Lot 12, Lot 14 and
S 20 ft. of Lot 15, Blk. 16, West Minneapolis Heights; Lot 5, Steiner and
Koppelmnn's First; That part of the S 198 ft lying E of the U 141 ft thof, Blk.
16, Hendelssohn; Lot 2, Blk. 2, Lot 3, Blk. 1, Davie's First Addn; U 64.5 ft. of
Lot 6 and S 120 ft of Lot 7, Blk. 14 incl adj. vac. alley, also the E 20 ft. of S
160 ft of Blk. 15, Mendelssohn; The E 110.5 ft of Lot 6, Blk. 14, that part of
Subdivision of Blk. 18; S 1/2 Of Lot 11 and Lots 12-15, Blk. 9; Lot 13 incl. 1/2
4/3/95 -7 252
Lot 6 lying U of the E 67 ft thof., and the E 67 ft of Lot 6 incl. adj 1/2 of
vac. alley, Blk. 13, Mendelssohu; Lot 1, Blk. 2, and Lot 1, Blk. 1, Mendelssohn
Heights; and Blk. 1, Ascension Ad&.
RESOLUTION RELATING TO PARKING BESTBICTIONS
OH S.A.P. 120-137-03 FROM BLAKE WAD
TO UASHING!!!Ol!J A-
IN TBE CITY OF EDINA, MINNESOTA
THIS BESOLUTIOH, passed this 3rd day of April, 1995, by the City of Edina in
Hennepin County, 34imesota. The Municipal corporation shall hereinafter be
called the "City", IiITNESSETH:
VHEBEbS, the City has planned the improvement of HSAS 137 (Maloney Avenue) from
Blake Road to Uashington Avenue;
RIZEWAS, the City will be expending Municipal Street Aid Funds on the impravement
of this street; and
VHEBEbS, this improvement does not provide adequate width for parking on both
sides of the street, and apprapal of the proposed construction as a Municipal
State Aid Street project must therefore be conditioned upm certain parking
restrictions:
HOU, THEBeFoBg, IT IS HEWBY BESOLVED that the City shall ban the parking of
motor vehicles on both sides of MSA!3 137 (Haloney Avenue) at all times.
Dated this 3rd day of April, 1995.
BESOLUTIOH
Directing the City Engineer to proceed vith a variance request to the
Commissioner of R.ansportation for Haloney Avenue betueen Blake Road and
Uashington Avenue (S.A.P. 120-137-03).
VHEBEbS, the City wishes to reconstruct Maloney Amuue between Blake Road and
Washington Avenue in part using Municipal State Aid Funds; and
WEEREAS, the Minnesota Department of Transportation Rule 8820.2500 Subp. 3 Right-
of-Uay reguires thatlhloney Avemre between Blake Road anduashington A~mm have
a minimam right-of-way of sixty (60) feet;
VHEBEbS, the City believes there are valid reasons for constructing Maloney
Avemre to a luuer right-of-ray standard and that such lover right-of-way standard
rill safely and adeqtlately handle existing and proposed traffic;
VHEBEbS, the City is willing to sign an agreement to hold harmless the State of
Minnesota if the variance request is granted;
XOU, THEBEFOBE, BE IT RESOLVED by the City Council of the City of Ed-, that the
City Engineer be directed to submit to the Commissioner of Ransportation, a
formal request for variance for Maloney Awnue between Blake Road and Uashington
Avenue from the minimum right-of-way of siay (60) feet to a right-of-way varying
from forty (40) feet to fifty-three (53) feet.
I
RESOLUTION
BE IT RESOLVED by the City Council of Edina, mesota, that it hereby authorizes
and directs the Mayor and LIanager to execute appropriate documents for the
reconstruction of S.A.P. 120-137-03 consistent vith Minnesota Department of
Transportation guidelines.
Motion for adoption of the resolutions was seconded by Member Maetzold.
Rollcall :
Ayes: Kelly, Maetzold, Paulus, Richards
Nays: Smith
Resolutions adopted.
*BID AUABDED FOR SARD. BITUMINOUS. ROCK. C0EJlXET.E. PROPANE AND EHGIRE OIL Motion
was made by Member Smith and was seconded by Member Kelly for avard of bid to
recommended lar bidders as follovs: Concrete Sand (delivered) to Am, Inc. at
$3.50 per ton; Course Sand (delivered) to SA-AG at $4.35 per ton; -Buck Shot
(delivered) to Shiely Co. (vendor l), at $10.52 per ton. or to Prior Lake
4/3/95
253 Aggregates (vendor 2) at $11.25 per ton; (-Awarded to two vendors as product
varies slightly from specification and this would allow sampling of both); C1.2
Limestone (delivered) to Shiely Co., at $6.27 per ton; C1.5 Limestone (delivered)
to Shiely Co. at $6.27 per ton; Seal Coat Chips (delivered) to Midwest Asphalt at
$14.50 per ton; *Asphalt 2331 (picked-up at plant) to Midwest Asphalt at $17.95
per ton; *Fine Asphalt 2331to Midwest Asphalt at $18.25 per ton; *Asphalt 2331
Time 41B/42B to Midwest Asphalt at $18.25 per ton; *Asphalt 2331 Fine 3/8 Patch
MA to Midwest Asphalt at $18.25 per ton; (*alternate avard to either Midwest
Asphalt or Bituminous Roadways if law bid plant is dovn when asphalt is needed);
Asphalt Winter Mix to Bituminous Roadways at $43.50 per ton; Concrete 1-3 vards
(delivered) to be rebid; Concrete 3+ vards (delivered) to be rebid; Cut-Back RC
Asphalt (delivered) to Koch Refinery at $0.7738 per gallon; Cut-Back Asphalt cBs2
to Koch Refinery at $.3220 per gallon; *Asphalt (recyclhg/dumping charges) to
Bituminous Roadways at $1.00 and to Midwest Asphalt at $1.50 per ton; (JMravard to
both locations as recycling materials dd be trucked to plants when picking up
nev asphalt at designated low bid plant); Concrete (recycling/dumping charges) to
Midwest Asphalt at $1.50 per ton;
cylinder; Ennine Oil 15/40 to Hallman Oil at $2.89 per gallon; Ennine Oil 40W to
Hallman Oil at $3.49 per gallon; Enrzine Oil 5W/30 to Hallman Oil at $2.89 per
gallon; Ennine Oil Hvd. Tellus T46 to Jhllman Oil at $3.39 per gallon; Ennine Oil
ATF-Donor TG to Hallman Oil at $2.99 per gallon; Ennine Oil 15W/40 to Hallman Oil
at $15.00 per gallon; Emulsified Tack Oil to Koch Refinery at S.5320 per gallon;
Rubberized Crack Filler to Spec. Materials, Inc. at $.272 per gallon; and
Ball AuureEate to Bryon Rock at $10.17 per ton.
Motion carried on rollcall vote - five ayes.
Propane LP to Suburban Propane at $20.04 per
*BID AWARDED FOR WATEZ TREATHEXI! CHEMCBIS Motion was made by Member Smith and
vas seconded by Member Kelly for award of bid to recommended law bidders as
follovs: Water Treatment Chemicals - Citv Wells to Hawkins Chemical at $52.23 per
100 lbs. each of hydrofluosilicic acid and liquid chlorine; and *Caustic Soda to
DPC Industries at $13.50 per CUT; *(price vas per CVT this year and per gallon
last year).
Motion carried on rollcall vote - five ayes.
BID AWARDED FOR 20 1995 ELECTRIC GOLF CARS FOR BRAEMAR GOLF COURSE Member Kelly
said she asked that this item be removed from the Consent Agenda because she
remembered that golf cars had been purchased last year. Manager Rosland
explained that part of the golf car fleet is traded in and replaced each year,
but because of the new nine holes at Braemar Golf Course the purchase of
additional cars is necessary.
Member Kelly made a motion for avard of bid for 20 1995 model golf cars for
Braemar Golf Course to recommended low bidder, E-Z-Go Textron, at $58,788.00.
Motion was seconded by Member Smith.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*BID AWARDED FOR ONE 60 INCH FROm MOUNT F935 JOHN DEEBE LAWN HOVEB FOR PARK
-CE Motion vas made by Member Smith and vas seconded by Member Kelly for
avard of bid for one 60 inch front nunmt F935 John Deere lawn mover for the Edina
Park Maintenance Department to recommended low bidder, Scbrber and Sons, at
$5,719.96.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR HN/DoT ROADSIDE PROGRAM TANDSCAPE HATERIAIS FOR PARK AND
BECREATION DEPARTHEXI! Motion vas made by Member Smith and vas seconded by Hember
Kelly for avard of bid for -/DOT Roadside Program Landscape Materials for the
Park and Recreation Department to Grove Nursery Center at $10,214.02 through
Minnesota State Contract #It-8355.
4/3/95 .. 254
Motion carried on rollcall vote - five ayes.
BID AWARDED FOR WAXED PAPER CUPS FOR PARK AND RECREATION DEPAR!RkEkT Member Kelly
said she had requested this item be removed from the Consent Agenda to ask if
staff had considered bidding the waxed paper cup order without the City of Edina
logo for a possible cost reduction. Director Keprios responded that this had not
been considered but he would provide that information.
greater concern to him would be proper documentation that the cups are the City's
property if the company warehousing the cups went under.
Member Smith said of
Member Kelly made a motion for award of bid for the anmral supply of waxed paper
cnps for the Park and Recreation Department to recommended lor bidder, Hebco
Evans, at $7,596.50. Motion was seconded by Member Maetzold.
Rollcall :
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*BID AWARDED FOR REBDILD OF 7TE TEE AT BRAEMAR GOW COUBSE Motion vas made by
Member Smith and was seconded by Member Kelly for auard of bid for the rebuild of
7th tee at Braemar Golf Course to recommended low bidder, Perkins Landscape
Construction, at $7,016.22.
Motion carried on rollcall vote - five ayes.
BESOI.UTION ADOP!L'ED IN SUPPORT OF "E MLE CREEK WATERSHED DISTBICT STORMWATER
MANAGEMENT PLAN Engineer Hoffman introduced Aileen Kulak, Chair of the Nine Mile
Creek Watershed District. Ms. Kulak told Council that members are appointed by
Hennepin County with the recommendation of the municipalities in which they
serve, i.e. Bloomington, Edina, Minnetonka, Eden Prairie, Hopkins and Richfield.
She said she was a resident of Bloomington and introduced other members as
follows: Helen McClelland, Edina; LuAnn Tolliver, Minnetonka; Larry Madden,
Bloomington; and Ed Schuck, Eden Prairie. She noted that the District owns no
property and has no paid staff but utilizes consultants for stormwater
management. Ms. Kulak emphasized that they have very good cooperation between
the municipalities they serve and they do neat watershed improvement projects.
She said they would like to explain some of their concerns and problems regarding
the District's Metropolitan Watershed Management Plan. Ms. Kulak then introduced
Paul Haik, coordinator of the District's Plan and Robert Obermeyer, Barr
Engineering, as staff engineer.
I
Paul Haik presented a visual overview of the Nine Mile Creek Watershed District
projects, financing and planning summarized as follows.
District is a special purpose unit of government dedicated to protecting and
enhancing water resources. The District's goal is clean water for drinking,
swimming, dishing, industry, agriculture and forests, fish and wildlife.
The Nine Mile Watershed
Mr. Haik noted that a significant project was the Lower Valley Restoration which
improved the lower stretches of Nine Mile Creek and has had a tremendous positive
affect.
Park.
Other long term projects were Marsh Lake, Normandale Lake and Bredesen
Mr. Haik said the issue that has come up in the planning process is related to
the spending of funds by the District.
watershed funds the District can maintain:
A graphic illustrated the various
Name of Fund Levv Amount Limitation
Implementation Fund -0-
Maintenance Fund -0-
Emergency Projects $ 50,000 (rarely used)
Organization Expense Fund $ 60,000
4/3/95 255 Administrative Fund $200,000 (capped by state statute)
Basic Water Management Fund $450,000
Bond Fund' , -0-
Construction Fund -0-
Preliminary Fund -0-
Repair and Maintenance Fund
Survey/Data Acquisition Fund -0-
$ 15,000 (for upkeep of projects)
The critical fund used to finance the projects is the Basic Water Management
Fund. This is a percentage levy which currently raises approximately $450,000
per year if it is fully funded. The state Board of Water and Soil Resources
(BWSR) is encouraging the District to begin using the Implementation Fund and the
Maintenance Fund. These are new authorities that have been given to the District
that unlike the Basic Water Management Fund (projects) they can be used without
petition of the municipality. Currently, whenever the District uses the Basic
Water Management Fund it can only be used if a city petitions for the project,
e.g. the Lower Valley Restoration Project was petitioned for by the City of
Bloomington. The new process which the state agencies are encouraging would take
the cities out of the petition process.
have greater financial authority but are reluctant to begin using that in fear of
damaging the cooperative relationship between the District and the cities.
As a result, the Managers then would
Mr. Haik showed a graphic comparing the 1994 and 1995 tax levies for the various
taxing districts noting that Nine-Mile Creek Watershed District is the smallest
portion or less than 1/2 percent of the overall levy on property owners. For a
$225,000 home (homesteaded) the District's share is approximately $20.00 out of a
total tax of $5,000.
Mr. Haik elaborated that the Watershed Planning Process sequence is as follows:
1) local review, 2) regional review, 3) state review, 4) approval by Board of
Water and Soil Resources, 4) adoption by District, and 5) local planning.
Currently, the District is preparing its five year and longer plan.
been through local and regional review and is now at the state review.
comments coming back from state agencies indicate that they would like stricter
water quality requirements.
aggressive enforcement. This becomes significant because when the District plan
is approved, it triggers the local planning process that will become part of the
city comprehensive planning cycle - it is an independent local water management
obligation. The important point is that it is not a planning process that will
be outside the District plan but will be driven by the District plan, i.e. the
requirements established in the District plan will become minimal requirements
for the city plan.
The plan has
The
Similarly, the DNR is also looking for more
In conclusion, Mr. Haik said the key watershed planning issues are:
1. Municipal petition/District initiation. The District is being
encouraged to move outside of the municipal petition process and begin District
initiation of projects and significant spending.
2. Uniform state rulesflnique District rules. Currently the state has
uniform rules.
3.
controlled by municipalities.
project makes sense the District cannot spend the money.
encouraged to start using these unlimited levies to move projects along for water
quality purposes.
The District is being encouraged to adopt more restrictive rules.
Limited levyfinlimited levy. Levy is limited now and is substantially
If the District cannot convince the city that the
The District is being
Mr. Haik said the District is looking for municipal support by resolution for: 1)
continued city involvement in the petition process, and 2) uniform rules rather
than District rules, (important because Edina is in two watershed districts).
256 4/3/95
Robert Obermeyer said he had noting specific to add but would answer any
questions from the Council regarding the projects.
I Member Maetzold asked why the state review is requesting districts to form their
own rules rather than using the state standard rules.
state rules? Mr. Haik said the issue is "pressing the envelope". The state
would like to see the districts become proactive in pursuing water quality.
is a philosophical approach that says water quality is the top priority and that
is where we should be putting our dollars.
local level people are resistant to this change.
Managers are committed to water quality as evidenced by the past 25 years of
service.
Do we need drinking water in every wetland or lake in Edina?
drinking water from any of these sources.
what is the wise use for this water and the wise use should drive the quality
that is needed. Secondly, focus the efforts - if the use is for swimming in one
place, make certain that the best water is where the people need it.
Why not just change the
It
There is a perception that at the
He emphasized that the District
It is a question of how much and how fast the money should be spent.
There has to be some perspective on
Edina does not take
Ms. Kulak advised the Council that the Board of Water and Soil Resources meets on
Wednesday, April 5, 1995, and the District Managers are hoping to take evidence
of municipal support to that meeting.
Council Comment/Action
Mayor Richards commented that through the years City staff has worked well with
the Nine Mile Creek Watershed District Board and its consultants. Were that
Board not there, the City would probably have incurred additional staff expenses
for the various projects that have benefited Edina.
that governing by local elected officials should continue and would support the
proposed resolution. Further, that he was prepared to make a presentation at the
BWSR meeting on April 5.
Member Smith said he agreed on the issue of local control and that there has been
good cooperation between the City and the Watershed District.
He said he was persuaded
Member Smith introduced the following resolution and moved adoption:
Memorializing the Board of Water and Soil Resources to support municipal
participation in watershed management and contiwed use of Minnesota Watershed
Act procedures for initiating and financing projects: and
UEEREAS, the cities of Bloomington, Eden Prairie, Edina, Hopkins, Mhnetonka and
Richfield are within the Nine-Mile Creek Watershed District and are preparing and
implementing local water management plans pursuant to the Watershed Management
Plan of the Nine-Mile Creek Watershed District; and
UEEREAS, the Bine-Mile Creek Watershed District has completed millions of dollars
of watershed 3aprovements. including Minmt Normandale Lake. Harsh Lake and
Bredeson Park, storage and natural area and culvert and flood management
improvements and the Lower Valley Restoration Project; and
WHEREAS, such projects were initiated by a petition of a mmicipality of the
Aine-H€le Creek Watershed District and financed through Hinn Stat. 8103D.905,
Subd. 3; and
VHEBEhS, the Board of Water and Soil Resources is recommending that Bine-Mile
Creek Watershed District finance projects using Hixm. Stat. 8103B.241, Subd. 1,
which does not require a municipal petition, as opposed to continued use of the
watershed Act, Chapter 103D; and
WHEREAS, the several cities do not vant their involvement in project and
financing decisions altered:
HOU TEEREFORE, BE IT RESOLVED by the Council of the City of Edina, that the Board
of Uater & Soil Resources continue to support use of the Uatershed Act, Chapter
103D, for the purpose of financing projects or improvements within the Nine Mile
RESOLUTIOH
4/3/95 257 ~
Creek Watershed District and to abandon mandating use of Hinn. Stat. S103B.241,
Subd. 1.
BE IT RESOLVED that the Council of the City supports the intention of the Board
of Water and Soil Resources to allow for adoption by reference of guidelines or
best management practices previously published by state agencies or departments
and opposes the promulgation by the Nine-Mile Creek Watershed District of unique,
free standing rules and ordinances more restrictive than state statutes or rules
governhg water resources.
BE IT FURTHER RESOLVED that the Manager of the City of Edina shall transmit
copies of this material to the Chair of the Board of Water and Soil Resources,
the Mayor and Council of the several cities, the Board of Managers of Nine Mile
Creek Watershed District and the Board of Commissioners of Eennepin County, as
well as other executive and legislative officials. fl
ADOPTED this 3rd day of April,-1995.
L&&//S jJ> Mayor
/
AmST :
City Clerk
Motion was seconded by Member Kelly.
Rollcall :
Ayes:
Resolution adopted.
Kelly, Maetzold, Pauius, Smith, Richards
SPONSORSHIP/DONATIOIU POIJCY PRESE3TED: FIREWORKS DO1pLLTION PROPOSAL CONTILKIED TO
HAY 1. 1995 Park and Recreation Director Keprios recalled that at the Council
Meeting of March 20, 1995, staff was directed to develop policy guidelines for
Council review regarding sponsorships and donations.
and guidelines as follows:
He presented a draft policy
Donation/SDonsorshiu Prior Amroval Policv
Regarding corporate, private or civic group sponsorships, prior approval by the
Edina City Council will be required in the following cases:
1. For all exclusive sponsorships.
2. For all requests to sponsor existing Park and Recreation programs, services
or material goods, which have not received or relied on private sponsorships in
the past.
3. For all donations equal to or greater than $5,000.
Donations/SuonsorshiD Guidelines
1.
alcohol, tobacco or gambling.
2.
interferes with the primary objective of the program or service provided by the
City of Edina.
3. When sponsorship conditions are not commensurate with the value of the
donation,
4. When the donated product or service poses an unacceptable level of liability
to the City.
5. When the donor's or sponsor's conditions demand that the City permanently
display commercial advertising on City owned public property.
When the donor's or sponsor's conditions demand that the City advertise
When the donation or sponsorship advertising or recognition supersedes and/or
As a matter of policy, the City of Edina will accept donations or sponsorships
from the private sector or civic groups only under the following conditions:
1. That the City of Edina receive top billing (program identification)
regardless of the amount of the donation or sponsorship.
2. That the proposed use of alternative funding is in keeping with the mission,
ordinances and policies of the City of Edina and the Park and Recreation
258
Department.
Member Maetzold commented that the policy/guidelines is a good first step but as
written is reactive, i.e. responding to a demand or proposal. He suggested that
the policy reflect a very proactive approach to sponsorships; it should make an
up front statement that the City will solicit sponsorships for selected programs
and activities. It should state what programs or activities are appropriate or
are not appropriate. For those programs or activities approved for sponsorship
the following should be determined:
2) minimum price of sponsorship with a bid process for large ticket items,
3) how the funds will be used (to replace City funds or as an add on to enhance a
program), 4) how the sponsor will benefit (advertising, etc.), 5) amount of
effort to be expended in generating specific sponsorships, and 6) how to maintain
City control of sponsorship.
Member Kelly observed that the report is a good beginning but concurred that
solicitation is important because the potential for acquiring funding is out
there.
.
1) the form the sponsorship will take,
Member Paulus said her understanding was that staff was charged with drawing up a
policy and she is now hearing that the City should go after funding. The Council
needs to decide if it should go after sponsorships, and if such money be part of
budgeted programs or be in addition before any money is solicited.
Member Smith suggested that, in light of the comments made, staff take another
look at the draft policy/guidelines.
sponsorship is appropriate but others where it may not.
organizations within the City might be asked for their input,
Mayor Richards commented that the suggestion of being proactive stimulates some
good thought.
the City should now be "bought1' by a corporation.
be continued to May 1, 1995, that the issue be discussed by the Park Board and
that Council Members submit their own thoughts before the next meeting.
Member Paulus interjected that this is similar to the way the Cultural Expo is
handled so the concept is not new.
who has done solicitation for funds could share their experiences.
He said there may be programs where
Also, maybe other
He questioned if an event that historically has been sponsored by
He suggested that this matter
She further suggested anyone within the City
Henher Kelly made a motion that agenda items IV,B - Sponsorship/Danation Policy
and A7.C - Fireuorks Roposal be continued to the Council meeting of Hay 1, 1995.
Motion was seconded by Member Smith.
Director Keprios told Council that the fireworks order must be placed by May 1,
1995.
their poster contest.
Also, that Norwest Bank is concerned about the timeframe for publicity for
Mayor Richards suggested that bids be solicited at the normal $7,000 budgeted
amount for the City funded display and also for a $10,000 display if Council were
to award a co-sponsorship to Norwest Bank.
Mayor Richards then called the motion.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards I Motion carried.
*PETJTION RECEIVED: RESOLUTION dDOpTED SETTIRG HEARIHG DAW OF HAY 1. 1995. FOB
VACATION OF POBTIOI? OF Gm CIRCLE Motion was made by Hember Smith and was
seconded by Member Kelly for adoption of the follaving resolution:
4/3/95
259 RESOLUTION CAKLIXG FOR PUBUC HEARING ON
STREET VACATION
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota, as follows:
1. It is hereby found and determined, after receipt of the petition of the
owners of land affected thereby, that the following described easement for street
purposes should be considered for vacation, in accordance with the provisions of
Hjnnesota Statutes 412.851 and 160.29:
2.
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun-Current, being the official newspaper of the City, the first publication at
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 (3) public and conspicuous
places within the City, as provided in Minnesota Statutes, Section 412.851.
notice shall be in substantially the following form:
Portion of Glenbrae Circle
This Council shall meet at the time and place specified in the form of notice
Such
NOTICE OF PUBLIC HIURJXG
ON VACATION OF GLENBRAE CIRCLE
IN THE CITY OF ED=
HENJ!lEPIN COUNTY, Kt"ES0TA
NOTICE IS -BY GIVEN that the City Council of the City of Edina
County Minnesota, will meet at the Edina City Hall, 4801Uest 50th Street on Hay
1, 1995, at 7:OO P.M. for the purpose of holding a public hearing on the proposed
vacation of the following public street:
Portion of Glenbrae Circle
All persons who desire to be heard with respect to the question of whether or not
the above proposed street 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 street vacation affects existing streets 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 street area or portion
thereof vacated to maintain, repair, replace, remove, or otherwise attend
thereto, for the purpose of specifying, in any such vacation resolution, the
extent to vhich 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 EDIHh CITY COUl!?CIL.
Hennepin
Motion carried on rollcall vote - five ayes.
*FEASIBILITY REPORT PRESENTED: PUBLIC IMPROVEMENTS ORDERED FOR THE COVENTRY AT
CENTENNIAL IAKES 2IiID ADDITION UPON 100% PETITION
and was seconded by Member Kelly for adoption of the following resolution:
Hotion was made by Member Smith
RESOLUTION ORDERING SANITARY Sm SS-385 AND
WATERHAIN VlI-375 UPOH 100% PETITION THEBEFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. It is hereby found and determined that a 100% petition has been filed
requesting the Council to construct sanitary sever and watermain improvements at
The Coventry at Centennial Lakes 2nd Addition, and to assess the entire cost
against the property of petitioners, and that the Developer now owns all property
which vi11 abut and be assessed for the improvements.
2. The making of said improvement in accordance with said petition is hereby
ordered pursuant to Minnesota Statutes Section 429,031 (3). (Session Laws of
1961, Chapter 525, Section 2). Said improvement is hereby designated and shall
be referred to in all subsequent proceedings as: SANITARY SEWER IHPROVJ3HEWC NO.
4/395 260
SS-385 and WA" DIPROVEMENT NO. UH-375. The entire cost of said
improvements is hereby ordered to be assessed against the property where said
improvements are to be located.
I Motion carried on rollcall vote - five ayes.
WFF-SdLE 3.2 BEER LICENSE RENEW& APPROVED Motion vas made by Member Smith and
was seconded by Member Kelly for approval of off-sale 3.2 beer license renewal
for the Edina Superette.
Motion carried on rollcall vote - five ayes.
WN-SALE VIAE LICWSE RENEW- APPROVED Motion vas made by Member Smith and vas
seconded by Member Kelly for on-sale vine licenses renewals for the following
establishments: Dayton's Boundary Waters, Good Earth, and Bossini's.
Motion carried on rollcall vote - five ayes.
ACTIVITIES OF SWSCC REPORTED Member Smith reported that a timeline has been
established for the sale and transfer of ownership in KBL Cablesystems, d/b/a
Paragon Cable with Council hearings scheduled for April 17 and June 5, 1995, in
order to meet the 120 day deadline of June 21, 1995.
Also, the Commission has determined to streamline some of its procedures and to
alter some of the functions in an attempt to reduce the time spent by city
managers serving on the operating committee.
adopt an amendment to the Joint Powers Agreement to bring about these changes.
CODWJL REMINDED OF BOARD OF BEvIEir ON APIUL 10. 1995 Mayor Richards reminded
Council of the Board of Review meeting scheduled for April 10, 1995, at 5:OO P.M.
The member cities will be asked to
I DATE OF APRIL 27. 1995 SET FOR APPEAL HEARING REXARDIHG TERMINATION OF VOLUKIZER
FIBEFIGHTEB Manager Rosland reported receiving an appeal notice concerning
termination of a volunteer firefighter and that a hearing date must be scheduled
for Council to hear the appeal.
Member Smith made a motion setting April 27, 1995, at 5:OO P.M. as hearing date
to consider the appeal on behalf of the terminated volunteer firefighter.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
TAX-EXEMPT BEvEEmE BOND GUIDELINES ADOPTED Assistant Manager Hughes reported
that the Tax-Exempt Revenue Bond Financing Guidelines presented at the Council
meeting of March 20, 1995, have now been revised in accordance with Council's
direction. Staff would recommend adoption of the guidelines as revised.
Meniber Kelly made a motion to adopt the Tax-Exempt Revenue Bond Financing
Guidelines as follars:
1.
improvements or to refund previously issued City of Edina bonds or to promote or
preserve housing for low and moderate income individuals or families.
addition to new construction, public improvements include replacing or
rehabilitating basic building systems such as plumbing, electrical, mechanical,
structural, energy efficiency improvements, leasehold impruvements, or
improvements correcting or improving accessibility for disabled persons).
2.
design standards.
screening, and noise and air quality).
3. Revenue bonds vill only be issued if: - The bonds bear a rating of at least "A" or an equivalent rating, or - The bonds are privately placed rather than publicly offered, or
TAX-KRRWPT REVENUE BOND FXUANCIXG GUIDELINES
A significant amount of the bond proceeds must be used for property
(In
All properties receiving revenue bond financing must comply vith urban
(Urban design standards include adequate parking, landscaping,
4/3/95
261 - The bonds are secured by a letter of credit from a financial institution
acceptable to the City or other acceptable security sufficient at all
times to cover debt service, or - There is subrpitted to the City a feasibility study satisfactory to the
Council which concludes that sufficient revenues will be generated to
cover debt service.
4. The City of Ed- may issue revemxe bonds a portion of which benefit
properties outside the City limits subject to the following: - At least 51% of the bond proceeds must be directed to projects vithin
- A formal request must be received from the City in which the project is
- The City Council must conclude that the use of bond proceeds in another
city will not cause a relocation of a business entity or employees from
Edina .
I
Edina .
located.
5.
6.
7.
Motion was seconded by Member Maetzold.
An issuance fee of up to 1/2 percent of the principal amount of the bond
issue must be paid to the City in addition to other costs of issuance.
The issuance of the revenue bonds must not adversely affect the City's
ability to issue bank qualified bonds.
The City reserves the right to select bond counsel and other consultants or
advisors with respect to the bond issue.
Rollcall :
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
CTaTws PAID
claims as shown in detail on the Check Register dated March 30, 1995, and
consisting of 28 pages: General Fund $288,874.55; Communication $8,571.41;
Working Capital $7,372.45; Art Center $10,232.24; Sorimming Pool $633.02; Golf
Course $83,440.57; Ice Arena $2,682.72; Gun Range $211.16; Edinborough/Centennial
Iakes $23,454.07; Utility Fund $300,956.10; Storm Sewer $2,197.46; Liquor Fund
$62,091.20; TOT& $790,716.95. Motion was seconded by Member Kelly.
Member Smith made a motion to approve payment of the following
Rollcall :
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 9:15 P.M. *&*- LL2.L
City Clerk