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HomeMy WebLinkAbout19950417_regular269 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 17,1995 ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith, and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith anti was seconded by Member Maetzold to approve and adopt the Council Consent Agenda-itehs as presented with the exception of removal of Item 1V.B. - Park Shelter Buildings Re-roofing. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. "EVERYDAY HEROES" CULTURAL EXPO TILES PRESENTED Betsy Flaten, Co-Chair with Ming Fen Ni of the 1995 Cultural Event, presented a tile mosaic display representing Edina's "Everyday Heroes". She told Council that this is an ongoing project about the people who are role models to the children and adults in the community. The display will visit various public buildings in the City, including the schools and then will be at the library and the community center. It is a multi-generational project depicting "heroes" in all sections of the City and with varied backgrounds. A video will eventually be available for placement in the library and schools. Ms. Flaten commended the collaborative effort by the Edina Art Center, public schools, library and Bob Kojetin, volunteer. ARBOR DAY PROCLAIMED Motion of Member Kelly was seconded by Member Maetzold and carried unanimously for adoption of a Proclamation naming April 28,1995, as Arbor Day in Edina. The Proclamation noted that Arbor Day is observed throughout the nation and world and that trees are a most valuable resource in purifying air, conserving soil and energy, serving as a recreational setting, providing Wildlife habitat and enriching our lives in other important ways. Accepting the proclamation was John Keprios, Director of Park and Recreation. "MINUTES OF REGULAR MEETING OF APRIL 3,1995. APPROVED Motion was made by Member Smith and was seconded by Member Maetzold to approve the Minutes of the Regular Meeting of April 3,1995. Motion carried on rollcall vote - five ayes. PUBLIC HEARING HELD ON SALE AND TRANSFER OF CABLE TELEVISION SYSTEM OWNERSHIP INTEREST OPERATED BY KBL CABLESYSTEMS OF THE SOUTHWEST, INC., DBARARAGON CABLE Wayne Knighton, Executive Vice PresidentlGeneral Manager of Paragon Cable, reported that Time-Warner, Inc. and Paragon's parent company, KBLCOM have reached an agreement whereby Time-Warner will buy Houston Industries' interest in KBLCOM. He said that, because Time-Warner has been a leader in applying technology and finding new ways to provide better service, this is very good news to the customers in the cities served by Paragon. For the short term, customers may not be aware of the sale and transfer without the process of presenting this to the cities. In every issue related to operations, the cities have made it clear that they want the existing management team to continue. For the long-term, being a part of Time-Warner would better position Paragon to offer more in the way of cable services and non-traditional cable services. Theresa Harris, stated she was an attorney with Frederickson, Byron, who is the administrator for South West Suburban Cable Commission (SWSCC), of which the City of Edina is a member. She elaborated on the process that would be followed for the transfer and sale of the cable system. The cable operator has provided Form 394, which is required by the FCC, to be forwarded to the cities in the event of a transfer. The franchising authority has 120 days from receipt of Form 394 to consider and approve the sale, i.e. June 21, 1995. Currently, Form 394 is being reviewed by the SWSCC for: 1) qualifications of the transferee (Time- Warner, Inc.), and 2) legal, technical and financial qualifications of that company. Once the Commission has 270 4/17/95 completed its review a report will be presented to the Commission by May Commission will present a recommended resolution to the City Council. 17,1995. At that point the I It was clarified that the City Council has the right to say yes or no to the proposed sale and transfer at the second hearing to be held on June 5,1995. Mayor Richards then called for public comment on the proposed sale and transfer of the cable television system fiom Paragon Cable to Time-Warner, Inc. No comment or objection was heard. Member Smith made a motion to continue the hearing on the request for the sale and transfer of ownership interest in the cable television system operated by KBL Cablesystems d/b/a/ Paragon Cable to Time-Warner, Inc. to the Council meeting of June 5,1995. Motion was seconded by Member Kelly. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion canid FIRST READING GRANTED FOR ORDINANCE NO. 1995-2 -AMENDING CITY CODE SECTION 300 TO REGULATE PLACEMENT OF ELECTRONIC PET CONTA,INMENT SYSTEMS Assistant Manager Hughes recalled that on April 3,1995, the Council had directed staff to prepare an ordinance amendment regulating the placement of invisible fencing systems. The concern was that these systems are fiequently installed such that pets have access across the boulevard to within inches of the travelled portion of a street. This results in pets occasionally fiightening the public who may be walking on sidewalks or public Streets. The proposed ordinance amendment would require that such systems cannot be placed within 20 feet of the travelled portion of the street and should accommodate the needs of pedestrians using either the street or the boulevard. Staffwould also point out that current provisions of the City Code could be used to address dogs which habitually threaten or worry pedestrians using public property. Under these provisions, the City could declare such a pet to be a public nuisance. The proposed ordinance amendment, when combined with the existing provisions of the City Code, should provide adequate regulation with respect to this problem. Member Paulus asked if a resident wanting to install such a system would have to obtain a permit. Assistant Manager Hughes said no permit is required currently. Continuing, Member Paulus asked how the public would be named if the ordinance amendment is implemented. Assistant Manager Hughes answered the public would be notified by: 1) an article in About Town magazine, and 2) notice when dog licenses are renewed. In addition, a letter could be sent to the installers of such systems nofifyins them of the new regulations. Mayor Richards asked what happens with an electronic fence that is now in place, Assistant Manager Hughes said it would be treated as any non-conforming property improvement and allowed to continue. If it were dug up or replaced, it would have to be brought into compliance. He noted that the Country Club sidewWcurb repair project is ready to begin and there are a number of such fences that would not be in conformance. These would need to be reinstalled to conform. Member Smith questioned whether 20 feet would be enough distance away fiom the travelled portion of the street to accommodate boulevards and sidewalks. Assistant Manager Hughes said most often the width of the boulevard is 10 to 15 feet. In the future, if a sidewalk were to go in it would typically be placed right in back of the curb or at most 10 feet back from the travelled portion of the street. Staffs logic was that if the setback were 20 feet, it should provide enough space from the fence and the edge of any existing or future sidewalk. Continuing, Member Smith asked why travelled portion of the street is used rather than curb line. Assistant Manager Hughes answered that some streets do not have curbs and this terminology is used elsewhere in the Code. Member Maetzold commented that he felt 20 feet is a significant distance and would place the electronic fence 4/17/95 271 back close to the house. He suggested that 10 feet fiom the street or 10 feet from the sidewalk would be more appropriate. Mayor Richards said he would support the more restrictive approach and if that would place a fence too close to a house the resident can come forward and ask for relief in the form of a variance. Member Kelly moved First Reading of Ordinance No. 1995-2 - An Ordinance Amending Code Section 300 to Regulate Placement of Electronic Pet Containment Systems, with waiver of Second Reading. g Motion failed for lack of second. Mayor Richards then called for public comment on the proposed ordinance amendment. No comment or objection was heard. Member Paulus moved First Reading of Ordinance No. 1995-2 - An Ordinance Amending Code Section 300 to Regulate Placement of Electronic Pet Containment Systems as presented. Motion was seconded by Member Kelly. Ayes: Kelly, Maetzold, Paulus, Smith, Richards First Reading granted. Mayor Richards suggested that stareconsider the language in the proposed ordinance concerning the setback fkom the travelled portion of the street before the ordinance is brought back for Second Reading. *BID AWARDED FOR COLD STORAGE EQUIPMENT - EDINA M[TNICIPAL LIOUOR STORE JVERNON AVENUE) Motion was made by Member Smith and was seconded by Member Maetzold for award of bid for cold storage equipment - Vernon Avenue liquor store to recommended low bidder, A & A Equipment Company, at $39,980.62, Motion carried on rollcall vote - five ayes. BID AWARDED FOR PARK SHELTER BUILDINGS ROOF REPAIR Member Maetzold said he asked that this item be removed fiom the Consent Agenda because there has been some initial discussion about major rehabs for the City's parks within the next few years. He said he did not want to invest money in buildings that might be scheduled for rehab or razed and replaced. Park Director Keprios answered that staff does not anticipate any alterations to the park buildings where roof repair was done in 1994 or will be done this year (Countryside and Strachauer). He said the one exception is the Weber Park building which may be need replacement. Member Smith made a motion for award of bid for park shelter building roof repairs at Countryside Park and Strachauer Park to recommended low bidder, Palmer West Construction Co., Inc., at $15,480.00 plus $6.00 per square foot of decking. Motion was seconded by Member Maetzold. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *BID AWARDED FOR ASPHALT CART PATH REPAIR - BRAEMAR GOLF COURSE Motion was made by Member Smith and was seconded by Member Maetzold for award of bid for asphalt cart path repair at Braemar Golf Course to recommended low bidder, Classic Asphalt, at $9,763.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR SIX BASKETBALL POSTSLBACKBOARDS FOR CORNELIA PARK Motion was made by Member Smith and was seconded by Member Maetzold for award of bid for six basketball posts and backboards for Cornelia Park to sole provider, Earl F. Anderson, Inc., at $9,090.00. Motion carried on rollcall vote - five ayes. 272 4/17/95 *BID AWARDED FOR AQUATIC WEED HARVESTING - MILL POND Motion was made by Member Smith and was seconded by Member Maetzold for award of bid for Mill Pond aquatic weed harvesting to recommended low bidder, Midwest Aquacare, at $262.50 per acre, maximum of $8,242.50. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR AOUATIC WEED HARVESTING - ARROWHEAD LAKE Motion was made by Member Smith and was seconded by Member Maetzold for award of bid for Arrowhead Lake aquatic weed harvesting to recommended low bidder, Midwest Aquacare, at $300.00 per acre, maximum of $6,450.00. Motion carried on rollcall vote - five ayes. *TRAFFIC SAFETY STAFF REPORT OF APRIL 4,1995, APPROVED Motion was made by Member Smith and was seconded by Member Maetzold to approve the following action as recommended in Section A of the Traffic Safety Staff Report of April 4,1995: 1) 2) 3) To erect an additional "No Outlet" sign opposite the existing sign to prohibit turnabouts in the driveway of 6220 Waterman Avenue adjacent to Interlachen Country Club; To install a "STOP" sign on eastbound Telemark Trail Bt Parkwood Road; To install a "30 MPH" regulatory sign for southbound Wooddale Avenue south of West 70th Street and that the Police Department survey the area for possible inclusion as a special enforcement area; and to acknowledge Sections B and C of the report as presented. Motion carried on rollcall vote - five ayes. *ON-SALE 3.2 BEER LICENSE RENEWAL APPROVED FORROSSINI'S RESTAURANT Motion was made by Member Smith and was seconded by Member Maetzold for approval of on-sale 3.2 beer license renewal for Rossini's Restaurant. Motion carried on rollcall vote - five ayes. APPOINTMENT MADE TO COMMUNITY HEALTH SERVICES ADVISORY COMMITTEE Mayor Richards advised that he intended to appointment David W. (30th to the Community Health Services Advisory Committee ifthe Council concurred. Member Kelly made a motion for consent of the Mayor's appointment of David W. Groth to the Community Health Services Advisory Committee to fill an unexpired term to February 1,1996. Motion was seconded by Member Maetzold. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. D.A.RE. GRADUATION SCHEDULE NOTED - COUNCIL'S PARTICIPATTONREOUESTED Police Chief Bernhjelm said that the Department is proud to announce that more than 500 fifth grade students &om six Edina elementary schools will be graduating this spring through the Drug Abuse Resistance Education @.A.RE.) program. In previous years, Council Members have talcen part in these graduation exercises and he invited Council's participation again. Council Members selected the graduation exercise in which they prefened to participate &om the schedule running fkom May 9, to May 24,1995. I GENEFUL RECORDS RETENTION SCHEDULE FOR CITES, REVISED MAY 1994, ADOPTED By memorandum dated April 14,1995, Clerk Daehn indicated the purpose of a records retention schedule is to provide a plan for managing governmental records by giving continuing authority to dispose of records under Minnesota Statutes 138.17. The General Records Retention Schedule for Cities establishes minimum retention periods for city records based on their administrative, fiscal, legal and historical value. The schedule lists records series common to cities and identi€ies how long to retain each and also provides the Data Practices Classification for each record. . 4/17/95 273 The revised schedule was updated by city clerks and officials representing the Minnesota Clerks and Finance Officers Association (MCFOA) and the local chapter of Association of Records Managers and Administrators (MI. The schedule was last revisedNovember, 1985, and the Council adopted that revision July 21,1986. The latest revision is more comprehensive, more clearly describes each record and provides updates to the Data Practices Classification. Staff would recommend adoption of the revised General Records Retention Schedule for Cities, revised May 1994. Member Smith made a motion to adopt the General Records Retention Schedule for Cities, revised May 1994, as presented. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. CONCERN VOICED REGARDING PROPERTY AT 6631 LIMERICK DRIVE Sean and Rachel Duggan, 663 1 Limerick Drive, spoke to their recent undated letter requesting an appearance before the Council. Mrr Duggan informed Council that they bought their home in March of 1994, with the intention of developing the backyard as a place for their children to play. Before purchasing the home, they obtained a copy of a Certificate of Survey fkom the City's records which was done by a independent licensed surveyor. They then hired a landscape engineer and gave him the copy of the Certificate of Survey they had acquired from the City. The landscape engineer proceeded to draw up plans for their backyard. In double checking with the City, their landscaper found out that their lot is 20 to 30 percent smaller than what they thought they had purchased. Mr. Duggan said he does not know where the mistake was made but the City has told them their lot is too small to do the play area as planned. Mayor Richards said that, historically, the City does not a&m nor vouch for surveys that are done by independent surveyors. Mr. Duggan responded that it was his understanding that when a house is being built it must comply with lot coverage standards. The subject Certificate of Survey is the document that was on file with the City when the lot coverage was determined. Planner Larsen explained that there was an error on the survey that was submitted when a permit was obtained in 1991 to build the house. The survey incorporated an outlot that is City owned. That outlot was dedicated to the City when the lots were developed and was never a part of the lot. Somehow, the outlot was incorporated into the subject lot for permit purposes and in the survey that was submitted to the City at that time. The error was made by the surveyor who prepared the Certificate of Survey. The outlot is used by the City for surface drainage purposes whereby drainage goes under the railroad tracks and south to Nine-Mile Creek. That was the reason the outlot was requested by the City when the property was platted in late 1970's. Member Maetzold commented that it appeared the Duggans purchased their lot in good faith and their desire is to use the City's land for a play area. He asked if it would interfere with the drainage if the City were to grant an easement for that purpose. Planner Larsen explained that the plan submitted by the Duggans would require substantial fill and would interfere with the City's purpose, i.e. drainage. He elaborated that there is a significant drop of approximately seven feet on the north and about 11 feet on the south. In order to build the sport court they would like it would interfere with the drainage. Bill Kirker, landscape engineer for the Duggans, said the plans he drew up would affect the surface drainage a little as runoff would not be able to penetrate within the court area. However, the water would still flow over the edge, hit the channel and drain out to Nine-Mile Creek. Rachel Duggan observed that the building of a play court on the lot was a major consideration when they purchased the home. Member Paulus commented that the legal description would be shown on the title and on the purchase 41 171 95 agreement and the outlot would not have been included. She emphasized that the legal description of record was what was purchased and not a survey whether of record or not. Dan Hurley, said he was the real estate agent involved in the transaction. He said that although the legal description may have been in the purchase agreement he did not remember if an attorney's opinion was sought or if there was title insurance. He argued that when the copy of the Certificate of Survey was obtained fiom the City, it was represented by a City employee as the lot being purchased. Mayor Richards interjected that it was the surveyor who made an error and now an attempt is being made to fault the City. He stated that the City is not a guarantor of any real estate that is purchased and it would not be feasible for the City to survey every piece of property that is being transferred Member Smith commented that every time he has dealt with property it has been his burden to get a survey to make sure of what he was buying. He said he agreed that the City not accept any responsibility for every survey that is on file. Further, that he felt the City's granting any type of easement to use City propem would be a bad policy, especially where drainage i's involved. Member Maetzold reiterated that he believed all parties were dealing in good faith and suggested that staff review the drainage issue to see if there is some way to satis@ the needs of both the Duggans and the City. Mayor Richards suggested that, if the Duggans were to hire a hydrologist or licensed engineer to examine the proposed plans and the affect on the existing drainage, and were willing to indemnify the City and anyone who might be harmed by any alteration of the drainage pattern, the Council would listen to that. - RESOLUTION ADOPTED REORGANIZING SWSCC OPERATING COMMITTEE Manager Rosland reported that an amendment is proposed to the Joint Powers Agreement between the five cities of the Southwest Suburban Cable Commission (SWSCC). This would permit the SWSCC the flexibility tom- its own procedures in operations and governance and thereby become more efficient. The SWSCC would recommend Council approval of the amendment to the Joint and Cooperative Agreement between the five cities. Member Smith added that the amendment would relieve the city managers of the responsibility of the monthly operating committee meetings at which it was mandated that they review the complaint report. He observed that things have changed dramatically in the cable business, i.e. Congress has taken away the control by local government and the competitive cable market is here. Member Smith introduced the following resolution and moved approval: RESOLUTION APPROVING SECOND AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED, by the City Council of the City of Edina, that it hereby approves the Second Amendment to the Joint and Cooperative Agreement of the Southwest Suburban Cable Commission, by and between the cities of Edina, Eden Prairie, Minnetonka, Richfield and Hopkins, Minnesota, as presented and on file in the office of the City Clerk; BE IT F'URTHER RESOLVED, that the Mayor is hereby directed and authorized to sign the Second Amendment to the Joint and Cooperative Agreement on behalf of the City. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried REPAIR OF CITY HALL ROOF AUTHORIZED; BID AWARDED Manager Rosland reported that due to an emergency of extensive roof leakage, sealed bids were secured from three contractors to re-roof a section of City Hall which basically is the original building as constructed in 1953. Funding for the re-roof would come 4/17/95 fiom the contingency budget. 275 Mayor Richards asked if this is the time for the building to be fully audited, even though he was not an advocate of rebuilding City Hall. Manager Rosland said he has asked staff to look at the building and the square footage in order to present a report and recommendation to the Council later this summer. Member Smith inquired whether the roof had steel decking, if insulation would be removed and if it could be patched until the audit is done. Manager Rosland said the roof is steel decked and insulation must be removed because it is wet. Regardless of what the report might recommend, the roof would have to be replaced as the footings do not provide for expansion upwards. I Member Maetzold said he understood there is no room to run conduit through the ceiling for computers and electronics and questioned if at a later time we may have to go into the roof to run conduit. Manager Rosland said one solution might be to suspend the ceiling in some areas. Member Smith made a motion for award of bid for City Hall roof replacement to recommended low . bidder, Rosenquist Construction, Inc., at $62,980.00. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. BFI REFUND FOR RECYCLING COMMODITIES REPORTED Manager Rosland advised Council that BFI has given the City a check for $1,069.20 as a refund for recycling commodities for the month of March because recycling markets have exceeded what was expected when the contract was negotiated with the City. BFI expects this upward trend to continue for the next few months. CLAIMS PAID Member Smith questioned Check No. 154542 from the register dated April 13,1995, to BFI Recycling Systems in the amount of $35,718.27 for equipment rental. Finance Director Wallin explained that this is the monthly billing charge fiom BFI for City recycling and the description of equipment rental was incorrect. Member Smith also questioned Check No. 154722 to National Business Financial at $25,946.38. Manager Rosland said the billing dates were March 30 and April 6,1995, and were for assembling the Spring issue of About Town, plus advertising for the Golf Dome. Mayor Richards suggested that Check No. 154722 be pulled so that the Council could be provided with more detail. I Member Maetzold made a motion to approve payment of the following claims as shown in detail on the Check Register dated April 13,1995, and consisting of 29 pages with the exception of Check No. 154722 to National Business Finance in the amount of $25,946.38: General Fund $129,379.13; Communication $4,894.71; Working Capital $14,188.48; Art Center $9,280.65; Swimming Pool $93.66; Golf Course $80,472.81; Ice Arena $14,449.62; Gun Range $1,128.72; EdinborougWCentennial Lakes $10,879.42; Utility Fund $27,516.50; Storm Sewer $11,541.54; Recycling $35,718.27; Liquor Fund $65,931.36; Construction Fund $203,575.90; IBR #2 Fund $1,100.00; TOTAL $610,150.77; and for confirmation of payment of the following claims as shown in detail on the Check Register dated April 11,1995, and consisting of 10 pages: General Fund $110,616.82; Golf Course $5,900.00; EdinborougWCentennial Lakes $243.23; Utility Fund $286.00; Liquor Fund $231,490.98; Construction Fund $75.00; TOTAL $348,612.03. Motion was seconded by Member Smith. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried.