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HomeMy WebLinkAbout19950717_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 17,1995 ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith, and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith and was seconded by Member Kelly to adopt the Council Consent Agenda items as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. .. I. .. MERWN'S OF CXlFORhZ4 WELCOMED TO EDINA Motion of Member Smith was seconded by Member Kelly and cam'ed unanimously for adoption of a Proclamation noting that Mervyn's of California would be celebrating their grand opening at Southdale Center on July 27,1995. *MINUTES OF REGULAR COUNCIL MEETING OF JULY 3, 1995, AND SPECIAL COUNCIL MEETING OF JULY 5.1995, APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve the Minutes of the Regular Meeting of July 3, 1995, and Special Meeting of July 5, 1995. Motion carried on rollcall vote - five ayes. ORDINANCE NO. 19955 -STREET NAME CHANGE FROM W. 50TH STREET BETWEEN VERNON AVENUE AND ARCADIA STREET TO GUS YOUNG LANE ADOPTED ON SECOND READING Planner Larsen reminded Council that on June 5, 1995, First Reading was granted to Ordinance No. 1995-5, changing the street name of W. 50th Street between Vernon Avenue and Arcadia Street to lnterlachen Boulevard. I Council Comment Mayor Richards reminded Council that the ordinance received first readina with a three to two vote supporting Interlachen Boulevard. At that meeting, one suggestion was renaming the street to Gus Young Lane. He also suggested consideration be given to nationally known Edina resident, George Mikan. Naming the short span Interlachen Boulevard will be confusing in his estimation. Member Paulus noted that initially this didn't seem to be a real concern but after speaking with a number of residents that have grown up in Edina during the ~O'S, 60's and 70%, renaming the street Gus Young Lane would be a popular decision. Member Maetzold stated his favor with renaming the street Interlachen Boulevard. From a practical standpoint, when businesses give their addresses other than as Interlachen, it would be difficult to locate them. With Interlachen as the street name, at least they would be directed into the neighborhood. He would support the name change to lnterlachen Boulevard. Member Kelly pointed out she lives off of lnterlachen Boulevard and has been involved in retail business for a number of years. She understood that the proposed name was at the request of the developer and would be confusing if it was renamed anything other than lnterlachen Boulevard. Planner Larsen explained the name lnterlachen Boulevard was suggested by City staff. Staff did confer with CSM and they voiced no objection to the change. Member Paulus moved Second Reading and adoption of Ordinance No. 19955 as follows: I ORDINANCE NO. 19955 Page 1 MinuteslEdina Citv CouncillJulv 17, 1995 STREET NAME ORDINANCE - GUS YOUNG DRIVE THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Young Lane”. 9, 1995. ATTEST: T Section I. Section 2. The roadway from Vernon Avenue to Arcadia Street is hereby named “Gus Following publication, the effective Mayor Pa J City ClGrk # Motion for adoption of the ordinance was seconded by Member Smith. Rollcall: Ayes: Paulus, Smith, Richards Nays: Kelly, Maetzold Ordinance adopted. FIRST READING GRANTED FOR ORDINANCE NO. 1995-6 - PROVIDING TECHNICAL CORRECTIONS TO THE CITY CODE Assistant Manager Hughes recalled that on August 3, 1992, the Council adopted the final recodification of the City Ordinances. Since that time, staff has compiled a list of problems which have arisen with respect to interpretation of the Code. None of these items was critical in nature. The changes were held and a more comprehensive amendment prepared. He briefly explained each problem by Code Section. He specifically mentioned Section 14 dealing with hourly restrictions on certain noise generating events. At present there are no hourly restrictions. If a complaint is received regarding, e.g. construction activity, a noise meter would be activated to check if noise exceeds state standards. The model noise ordinance from the Pollution Control Agency (PCA), recommends restriction of certain activities between 1O:OO P.M. and 7:OO A.M. the following morning and include activities such as snowmobiling, operating a power lawn mower or collecting garbage within 200 feet of a residential building or engaging in construction activities. Staff would recommend exceptions to this restriction for 1) snow removal equipment and 2) lawn maintenance equipment used on golf courses which typically occur prior to 7:OO A.M. Assistant Manager Hughes added that further in Section 14, paragraph D, which provides for construction actitivites performed on public streets and highways by the County or the State are exempt from the requirement subject to approval of the City Manager. The reason for this exemption would be out of convenience to the motoring public as these activities are typically conducted during nighttime hours. It was further recommended in Section 14, paragraph B, that language be clarified regarding restriction location of lawn mowers use not snow removal equipment on golf courses. Council CommentlAction Member Smith questioned changes to Section 10 regarding setbacks for tennis courts, basketball courts, sports courts, hockey and skating rinks and othe; similar recreational accessory uses including appurtenant fencing and lighting. Assistant Manager Hughes said setbacks were not changed, only additional language, e.g. hockey and skating rinks and other similar accessory uses was added because residents have expressed a desire to build game courts on their property. Mayor Richards then called for public comment on the proposed technical corrections to the City Code. No comments or objections were received. Page 2 MinuteslEdina City CouncillJuly 17, 1995 Member Smith moved First Reading of Ordinance No. 1995-6 -An Ordinance Providing Technical Corrections to the City Code as presented. Motion was seconded by Member Maetzold. I Ayes: Kelly, Maetzold, Paulus, Smith, Richards First Reading granted. *BID AWARDED FOR ONE TWELVE TON TRAILER Motion was made by Member Smith and was seconded by Member Kelly for award of bid for one twelve ton trailer to Long Lake Tractor at $8,207.53, through State of Minnesota Contract #M8948. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR SNOW PLOWING SANDERS AND ATTACHED CONTROL EQUIPMENT Motion was made by Member Smith and was seconded by Member Kelly for award of bid for snow plowing sanders and attached control equipment to Aspen Equipment at $13,570.00, through State of Minnesota Contract #C79094-02783. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ONE SNOW PLOW AND WING Motion was made by Member Smith and was seconded by Member Kelly for award of bid for one snow plow and wing to recommended low bidder, J-Craft, Inc., at $9,088.71. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR TWO DUMP TRUCK BOXES Motion was made by Member Smith and was seconded by Member Kelly for award of bid for two dump truck boxes to J-Craft, Inc., at $46,201.40, through State of Minnesota Contract #P-79094-02975. *BID AWARDED FOR MILLING OF ASPHALT STREETS (PARTIAL1 Motion was made by Member Smith and was seconded by Member Kelly for award of bid for milling of asphalt streets (partial) to recommended low bidder, Midwest Asphalt at $5,050.00. I Motion carried on rollcall vote - five ayes. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ASPHALT PAVING AT NORMANDALE GOLF COURSE Motion was made by Member Smith and was seconded by Member Kelly for award of bid for asphalt paving at Normandale Golf Course to recommended low bidder, Metro Paving, at $6,535.00. Motion carried on rollcall vote - five ayes. *TRAFFIC SAFETY STAFF REVIEW OF JULY 5,1995, APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve the following action as recommended in Section A of the Traffic Safety Staff Report of July 5, 1995: That proper markings and signs be placed in the alleyway of Sunnyside Road between Wooddale Avenue and Grimes Avenue; and To permit parking on west side of Hansen Road from Garden Park southward to W. 60th Street; 1) 2) and to acknowledge Sections B and C. Motion carried on rollcall vote - five ayes. I CAPITAL IMPROVEMENT PROJECTS DISCUSSION HELD Member Maetzold began the discussion by asking if Edina’s goal is to have a ‘state of the art’ park system when renovations are completed. Park Director Keprios answered that things that are broken must be fixed and that the existing parks must be brought to a higher standard. Member Maetzold inquired whether a consious attempt is being Page 3 MinuteslEdina City CounciVJulv 17,1995 made to create a more desirable location to attract new residents than surrounding suburbs. Director Keprios said the attempt is to make the parks what the residents want them to be. Manager Rosland said that at this point, a path needs to be laid to update and maintain the infrastructure. Additional comments made by Member Maetzold are as follows: 1) 2) 3) 4) The importance of how the City will function in 2000 or 2005 needs consideration in regards to work flows and communications with any renovation. Has consideration been given to what the return on investment would be with any improvement to the Public Works area. The ParamedidALS station is a must. A demand exists for a third sheet of ice, especially in regard to girls hockey. Member Kelly commented as follows: I) 2) 3) 4) 5) The Training Center is an ingenious idea that she would support. The Parks need work. She would rather have fewer parks that are larger than numerous small neighborhood parks. The senior citizens in Edina are served well, not only by the Senior Center, but by the Art Center, Braemar, etc. If a bonding issue were done, the Senior Center should have a piece of it to enlarge or embellish the existing location. Relocating Council Meetings is a good idea. Closing Link Road would create more parking area for City Hall. Mayor Richards gave his thoughts on the Capital Plan as follows: 1) City Hall does not need expansion nor would he agree with extensive remodeling for parking. The Council Chambers is an under-utilized room and could be better used. He suggested the Council meet at an outside location, such as Edinborough. Additional facilities are needed for the police department and the park department and he believes within Edina, locations exist where they could be relocated. He charged staff to perform an analysis of the possible relocations. Paramedic ALS Building - funding without a referendum in the southeast sector of Edina could be through the HRA or sale of bonds. Public Works Building - possible relocation of park department to public works location. Deferred maintenance is expensive and requires further examination. Parks - All parks are important, big or small. He would support a bond issue for A) general park issues to improve the park infrastructure and B) the third ice sheet for Braemar Arena. 2) 3) 4) Member Smith offered comments that: 1) 2) 3) 4) 5) 6) 7) Agrees with 'less government' is good. Funding a Paramedic ALS Building internally would be desireable Suggested relocating Council meetings to the library City Hall space needs require further examination, to include technology, relocating departments, etc. Has use of the Community Center been considered? Citizens should be asked about a third sheet of ice at Braemar Arena. The Training Center could be in conjunction with additional police space. Public Works facility should be funded internally. He concluded he is lukewarm on any kind of bond issue. Member Paulus stated we should go to the community for feedback now rather than later. Right or wrong we are competing with Minneapolis rather than Eden Prairie and Plymouth with housing prices, etc. Starting with a broad needs base and then narrowing them down after receipt of the community input, seems like the way to begin. Raising taxes to pay for items that were budgeted does not seem like the best plan when the dollar amoutns could be similiar in the long run and much harder to explain. I Page 4 MinutedEdina Citv CouncillJulv 17,1995 I Mayor Richards said since he has not observed Council unanimity, he offered to summarize and mail a consensus to Council Members as he see it on, I) City Hall, 2) Public Works Buildings, 3) Park, and the 4) Paramedic ALS building. The letter would include a recommended course of action and be sent as soon as possible. Further discussion would be held at the regular Council Meeting August 7, 1995. *CORRECTION TO MINUTES OF JANUARY, 1995, APPROVING LOT DIVISION FOR LOT 2. BLOCK I - BROOKVIEW HEIGHTS Motion was made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: RESOLUTION APPROWNG LOT DIVISION WHEREAS, the following described property is at present a single tract of land: Lot 2, Block I, BROOKVIEW HEIGHTS 3RD ADDITION, JACOBSON REPLAT, and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows: Parcel I: (westerly) That part of Lot 2, which lies westerly of a line drawn from a point on the south line of said Lot 2, distant 41.91 feet east of the southwest comer of said Lot 2, to a point on the northeasterly line of said lot 2 distant 75.27 feet southeasterly of the northwest comer of said Lot 2, as measured along said lines, and there terminating. AND, that part of Lot I, lying easterly of the following described line: Commencing at the northeast corner of said Lot I, thence southerly along the east line of Lot I, a distance of 128.72 feet to the point of beginning, thence southwesterly to a point on the south line of Lot I, said point being 12.0 feet northwesterly of the southeast comer of Lot I, as measured along the south line of Lot 1, Block I, and there terminating, all in Block I, BROOKVIEW HEIGHTS 3RD ADDITION, JACOBSON REPLAT. I Parcel 2: (easterly) That part of Lot 2, Block I, BROOKVIEW HEIGHTS 3RD ADDITION, JACOBSON REPLAT, which lies easterly of a line drawn from a point on the south line of said Lot 2, distant 41.91 feet east of the southwest comer of said Lot 2, to a point on the northeasterly line of said lot 2 distant 75.27 feet southeasterly of the northwest corner of said Lot 2, as measured along said lines, and there terminating. WHEREAS, the requested subdivision is authorized under Code Section 810 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interFere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 850 and 810; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Sections 850 and 810 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Code Section 810 and Code Section 850 and subject to the limitations set out in Code Section 850 and said ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be I Page 5 MinuteslEdina City CouncillJulv 17,1995 provided for by those ordinances. ADOPTED this 17th day of January, 1995. Motion carried on rollcall vote - five ayes. VACANCY EXISTS ON CONSTRUCTION BOARD OF APPEALS Mayor Richards said he has the name of one resident who has expressed interest in filling the vacancy that exists on the Construction Board of Appeals and would be submitting an application and resume to the Council. *PETITION RECEIVED: RESOLUTION ADOPTED SETTING HEARING DATE OF AUGUST 7.1995, ADDITION Motion was made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: RESOLUTION CALLING FOR PUBLIC HEARING ON VACATION OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES FOR AERIAL VACATION OF DRAINAGE EASEMENT - LOT 1, BLOCK I, INDIAN HILLS 3RD BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota as follows: I. It is hereby found and determined after receipt of the petition of the owner of the land affected thereby that the following described easement for utility and drainage purposes should be considered for vacation, in accordance with the provison of Minnesota Statutes, Sections 412.851 and 160.29; Commencing at the southeast corner of Lot 7, Block I, INDIAN HILLS THIRD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, thence northerly along the west line of said Lot 7 a distance 38.04 feet to the northerly line of said drainage and utility easement; thence South 80 degrees 36 minutes 02 seconds East, along said north line a distance of 31.50 feet to the point of beginning; thence continuing South 80 degrees 36 minutes 02 seconds East, along said north line a distance of 34.00; thence South 09 degrees 23 minutes 58 seconds West a distance of 13.00; thence North 80 degrees 36 minutes 02 seconds West a distance of 34.00; thence North 09 degrees 23 minutes 58 seconds East to the point of beginning and there terminating (Containing 442 S.F.) 2. This shall meet at the time and place specified in the form of notice 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 least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON VACATION OF DRAINAGE EASEMENT IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota will meet at the Edina City Hall, 4801 West 50th Street on August 7, 1995, at 7:OO P.M. for the purpose of holding a public hearing on the proposed aerial/vertical vacation of the following part of the drainage and utility easement over Lot 7, Block I, INDIAN HILLS 3RD ADDITION according to the recorded plat thereof, Hennepin Page 6 MinuteslEdina Citv CouncillJulv 17, 1995 County, Minnesota. (Also known as 6301 Timber Trail) described as follows: I Commencing at the southeast comer of said Lot 7, thence northerly along the west line of said Lot 7 a distance 38.04 feet to the northerly line of said drainage and utility easement; thence South 80 degrees 36 minutes 02 seconds East, along said north line a distance of 31.50 feet to the point of beginning; thence continuing South 80 degrees 36 minutes 02 seconds East, along said north line a distance of 34.00; thence South 09 degrees 23 minutes 58 seconds West a distance of 13.00; thence North 80 degrees 36 minutes 02 seconds West a distance of 34.00; thence North 09 degrees 23 minutes 58 seconds East to the point of beginning and there terminating. (Containing 442 S.F.) All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain and to enter upon the area of the proposed vacation shall continue. BY ORDER OF THE EDlNA CITY COUNCIL Motion carried on rollcall vote - five ayes. EDlNA SOCCER ASSOCIATION - LEWIS PARK PROPOSAL, CONTINUED TO AUGUST 7.1995 Park Director Keprios said following Council direction, staff sought alternatives and shared thoughts with the Soccer Association and the Park Board regarding the proposed change in use of Lewis Park from skating to soccer. At the July 10, 1995, Soccer Association meeting, the Association voted to table their proposal to the City Council for fifteen months. The Association has inquired of staff whether they could move their five and six year old girls and boys soccer program at Weber to the east bandy field at Lewis Park for the 1996 season. Director Keprios said staff would maintain the existing area for soccer and leave the skating rink as it is. The Soccer Association made the proposal because of the turf quality, better parking, and access to restroom facilities. The Park Board concurred with the reasonable short-term suggestion and agreed to table the issue for fifteen months. Member Maetzold commented that the area is very wet and asked what was planned to change this. Director Keprios said the area has been tested and some simple tiling could correct the dampness. Member Smith indicated the letter of reminder sent to the coaches and parents regarding being 'good neighbors' with respect to parking and property rights was an excellent idea. Page 7 MinuteslEdina City CouncillJulv 17, 1995 Director Keprios added that with two weeks left in the program, it was less costly to correspond with the coaches and parents directly. Next year, every parent and every soccer participant will receive 'good neighbor' reminders. George Topor, 5709 Kemrich, asked whether the next meeting on the Lewis Park proposal will be August 7, 1995. Evelyn Frey, 7250 Lewis Ridge Parkway, stated she feels there is room at Lewis Park for both bandy and soccer. With Council concensus, the Lewis Park proposal will be heard August 7, 1995. RESIDENT CONCERN EXPRESSED Greg Shank, 501 Tyler Court, voiced concern with the Maloney Avenue permanent street surfacing, concrete curb and gutter and sidewalk improvement. He built his home 22 years ago on a lot with some restrictions based on stormsewer easements through the property. Both the City and he believed the survey to be correct, at that time. The City recognized that the road was on the property as surveyed, and moved it approximately two feet resulting in the existing alignment for the past 22 years. Mr. Shank attended the recent neighborhood meeting and raised concerns about the proposal and whether the survey was correct. He attended and spoke at the April hearing regarding the amount of four feet that it appears he has lost based on the conflicting survey results of 22 years ago. His home is very close to the street now, and two feet closer would put the street at his door. Mr. Shank said he was not interested in becoming adversarial nor would he consider litigation. He would like a fair review and decision to minimize his loss of space on a street that undoubtedly will become even busier. Engineer Hoffman said the facts, as presented, are correct. represent the facts. Mayor Richards reassured Mr. Shank that City staff is seeking a resolution to his concern. CONCERN OF RESIDENT EXPRESSED George Topor, 5709 Kemrich, stated he has two issues, 1) when is the unsafe path going to be completed on the west side of Lewis Park and 2) he needs help in understanding property taxes and how market values of property are set to maintain consistency. Park Director Keprios responded that asphalt reclaimers/relayers are extremely busy at this time of year but we are on the list for the path to be completed. Assessor Johnson said he would schedule a meeting with Mr. Topor to answer any questions he might have regarding property taxes and the process of how market values are set. Page 8 MinuteslEdina City CouncillJulv 17, 1995 RESIDENT VOICED CONCERN WITH EXCESSIVE SPEED Walter Sandison, 5300 Vernon Avenue South noted that speeds on Vernon Avenue are excessive and asked if anything could be done. I CLAIMS PAID Member Paulus made a motion to approve payment of the following claims as shown in detail on the Check Register dated July 13, 1995, and consisting of 30 pages: General Fund $217,776.83; Communication $17,550.1 I; Working Capital $7,650.1 3; Art Center $4,024.71; Swimming Pool $14,788.95; Golf Course $40,189.47; Ice Arena $15,548.68; Gun Range $373.26; EdinboroughlCentennial Lakes $13,709.96; Utility Fund $72,549.81; Storm Sewer $4,891.44; Liquor Fund $100,180.50; Construction Fund $649,665.69; TOTAL $1,158,899.54; and for confirmation of payment of the following claims as shown in detail on the Check Register dated July 12, 1995, and consisting of nine pages: General Fund $144,419.85; Golf Course $525.47; Liquor Fund $266,939.16; TOTAL, $41 1,895.16. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. *I994 COMPREHENSIVE ANNUAL REPORT PRESENTED Motion was made by Member Smith and was seconded by Member Kelly to acknowledge receipt of I) the 1994 Comprehensive Annual Financial Report, 2) the Independent Auditor's Report on Legal Compliance, 3) the Auditor's Management Letter and 4) the written response to the Auditor's Letter. There being no further business on the Council Agenda, Mayor Richards declared the meeting &ity Clerk adjourned at 8:55 P.M. Motion carried on rollcall vote - five ayes. Page 9