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HomeMy WebLinkAbout19960520_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 20,1996 ROLLCALL Answering rollcall were Members Maetzold, Smith and Mayor Richards. Member Kelly - entered the meeting at 7:04 P.M. CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by Member Maetzold adopting the Council Consent Agenda as presented. Rollcall: Ayes: Maetzold, Smith, Richards Motion carried. NATIONAL PUBLIC WORKS WEEK PROCLAIMED Motion of Member Kelly seconded by Member Maetzold and cam’ed unanimously proclaiming National Public Works Week in Edina as May I9 - 25, 1996. Mayor Richards elaborated that public works services provide an integral part of citizens’ everyday lives with efficient operation of water, sewer, street systems and public buildings. Support of understanding citizenry, the health, safety and comfort of the community, and the quality and effectiveness of the facilities are vital components in public works providing a quality of life for the citizens of Edina. *MINUTES OF THE REGULAR MEETING OF MAY 6,1996, AND SPECIAL MEETING OF MAY 8,1996 Motion made by Member Smith and seconded by Member Maetzold approving the Mlnutes of the Regular Meeting of May 6, 1996, and Special Meeting of May 8, 1996. Motion carried on rollcall vote - three ayes. PUBLIC HEARING HELD: STREET LIGHTING IMPROVEMENT L-38 APPROVED (TRACY AND SUSAN AVENUES) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Engineer Engineer Hoffman informed Council the Engineering Department received a petition circulated by the resident at 5701 Susan Avenue and signed by 19 residents in the neighborhood of Susan and Tracy Avenues. The City contacted NSP to research the feasibility of having an overhead street light installed as petitioned. After reviewing the area layout, NSP selected 5700 Susan Avenue as the most feasible location to the erect the pole and light. Engineer Hoffman stated the City’s policy is to assess only the four property owners abutting the installation of the street light. Staff believes under Minnesota Statutes 429 only these four property owners receive direct benefit from a street light installation. Therefore, 5700 and 5701 Susan Avenue, and 6713 and 6709 Tracy Avenue would be the four assessed property owners. I The Engineering Department with NSP put together two options and cost estimates for possible ornamental lighting in this area. In the hearing notice, staff recommended the neighbors decide the fixture type and location. The resident at 5700 Susan Avenue contacted the city, stating they did not want the pole, street light or any wiring on their property. The same day, the resident at 5701 Susan (resident who circulated the petition) contacted the city, stating they still wanted the light. The 5701 Susan Avenue resident has a hearing impaired family member and feels the light is necessary for safety. Staff is therefore, recommending the installation take place on 5701 Susan Avenue. This results in an assessment of approximately $321 .OO per lot. Council questions included whether or not the City would install the light on City right-of-way, would the light improve traffic and has the City heard from the property owners at 6709 and 671 3 Tracy Avenue. Engineer Hoffman replied the light would be installed on City right-of-way, would not help traffic in the area and the property owners at 6709 and 6713 Tracy Avenue have not yet contacted the City. Public Comment Rod Stewart, 5701 Susan Avenue, stated he was the petitioner. Mr. Stewart emphasized his concern Page 1 MinuteslEdina City CouncillMav 20,1996 with the increasing number of young children in the area crossing the street. Mr. Stewart added when dusk falls the area becomes very black. Additionally, the area has experienced traffic moving at speeds too high for a residential neighborhood. He continued that with approximately fifteen to twenty children in the area the light is a safety issue. Mr. Stewart added his wife in hearing impaired and repeated his safety concern for her. He urged the Council to install the light. Richard Parks, 5700 Susan Avenue, stated while they do not want the light on their property, they would consent to pay for part of the installation. Mr. Parks added his desire for a decorative pole and underground wiring. I Member Smith introduced and moved adoption of the following resolution: RESOLUTION ORDERING STREET LIGHT IMPROVEMENT NO. L-38 WHEREAS, the Edina City Council on the 6th day of May 1996, fixed a date for a council hearing on the proposed street light installation, Improvement No. L-38 and WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing was given, and the hearing was held thereon on the 20th of May, 1996, for Improvement No. L-38 installation of a street light at the intersection of Susan and Tracy Avenues, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED that the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights hereby designated and shall be referred to in all subsequent proceedings as Improvement No. L-38 installation of a street light at the intersection of Susan and Tracy Avenues BE IT FURTHER RESOLVED that Improvement No. L-38 installation of a street light at the intersection of Susan and Tracy Avenues is hereby ordered as proposed. Adopted this 20th day of May, 7996. Motion seconded by Member Maetzold. I Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Resolution adopted. PUBLIC HEARINGS HELD: FINAL REZONING APPROVED ORDINANCE NO. 850 A-7, R-I, SINGLE DWELLING UNIT DISTRICT TO PCDS, PLANNED COMMERCIAL DISTRICT (JERRY’S ~ ENTERPRlSES AND WELSH COMPANIES): FINAL PLAT APPROVED, PARTS OF REGISTERED LAND SURVEY 629 AND LOTS 5,6, AND 7, BLOCK 2, YORK TERRACE (JERRY’S ENTERPRISES, WELSH COMPANIES AND THE CITY OF EDINA): COMPREHENSIVE PLAN AMENDMENT APPROVED, 6716, 6720 & 6724 XERXES AVENUE (JERRY’S ENTERPRISES AND WELSH COMPANIES) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen reviewed the proposed redevelopment that includes all properties located between the WICKS Furniture site and the Key Cadillac site. The total project area is 8.76 acres and includes three existing single dwelling properties fronting Xerxes Avenue. The proposed rezoning affects only the three residential properties since the remainder of the redevelopment site is currently zoned PCD-3. The proposed redevelopment would remove the existing buildings except the retail building (Yorkdale Shops) on the southerly portion of the site. Planner Larsen continued describing the following changes to the proposed redevelopment project since the April 15, 1996 preliminary approval: a reduced gross floor area of the site, first the Cub Store reduced by 1 ,I 50 square feet to 65,700 square feet and the retail building attached to the west side of the Cub Store has been reduced from 8,550 square feet to 8,000 square feet; the entire Cub Store building has been shifted slightly to the south; I Page 2 MinutedEdina City Council/May 20, 1996 total parking has been reduced by 8 spaces to 554 spaces still requiring a 7 space variance to meet Edina’s code requirement of 561 spaces; the main access point to the site located approximately in front of the grocery store with a new semaphore has been slightly revised regarding entrance and turn lanes, Hennepin County has reviewed and approved the access; the Landscaping Plan as proposed complies with ordinances standards, the easterly landscaping will be evaluated and trees added as necessary; one deficiency to the landscaping plan was pointed out, the need for additional landscaping screening on the York Avenue side of the plan because of parking within 50 feet of the street; due to negotiations between the developer and property owner on the north east corner of the site; the fence will be relocated as mutually agreed upon and all landscaping placed on the north side of the fence; the lighting plan has been redesigned to prevent a “wash of light into residential areas and conforms to Edina Code; the municipal liquor store will be located in the small retail store attached to the west side of the grocery store. Planner Larsen concluded stating the Planning Commission recommends approval of the Final Rezoning, Final Plat and Comprehensive Plan Amendment as requested with the following conditions: 1. Dedication of additional York Avenue right-of-way; 2. Additional landscape screening of the York Avenue parking; 3. Extension of the fence in the northeasterly portion of the site easterly to the property line then south for 30 feet along Xerxes Avenue; 4. Landscaping Performance Bond; and 5. Modification of the path from Xerxes Avenue to meet American with Disability Act (ADA) requirements. Proponent Comment John Johanson, Welsh Companies, introduced Bob Shadduck from Jerry’s Enterprises, Greg Kopiske from Westwood Civil Engineering, and Craig Meuwissen of Planmark Architects. Mr. Johanson indicated the developers have met with the property owners immediately adjacent to the redevelopment site. He stated the developers are willing to work out the exact location of the fence, the landscaping, the berming to all interested parties satisfaction. They plan to meet and resolve in drawings the form of the agreement. Mr. Johanson stated they will increase the fence to ten feet in height and placed just off the developers’ curb line with all landscaping (the buffered area) on the residential side of the fence. He continued, the developers will formulate a very specific drawing meeting the property owner‘s needs and goals. The developers plan to use a landscape architect to discuss species, form and maintenance. Mr. Johnanson added the developers plan coordinating the drop in the fence from the agreed upon 10 feet to 8 feet and then 6 feet for aesthetic reasons along the berm. I I I Mr. Johanson expressed the developers’ concern meeting ADA requirements for the Xerxes Avenue path. He suggested the grade from Xerxes to the site is planned to be ramped but stated the slope may be steeper than dictated by ADA. The developer has also agreed to reorient the path from its present perpendicular orientation to an angle precluding any direct sight lines along the path to the residential areas. Mr. Johanson noted the developer‘s intent to comply with landscaping regulations along York Avenue. He concluded the developers were available for questions. Public Comment Dan Johnson, 6741 Xerxes Avenue, asked if the proposed fence will be placed along Xerxes Avenue to stop the debris from the site from blowing into the residential area. Mr. Johnson informed Council presently, he and his neighbors periodically must clean debris from their yards coming from the current “Country Store” site. He submitted the need for a continuous fence to contain debris to the commercial site and protect the residential areas. Planner Larsen outlined that the proposed fence will begin on the northeast comer of the site. The developers plan the fence to extend 130 feet westerly from the corner and 30 feet southerly from the corner along Xerxes Avenue. The berm is planned to be approximately Page 3 MinuteslEdina City CouncillMay 20, 1996 3-4 feet above grade. Mr. Johnson indicated his belief that the proposed fence and berm will not be high I enough to contain the site’s debris. Mr. Johnson urged the developers be required to install a continuous fence. Council CommentlAction Member Smith asked what means the City had to ensure viability of landscaping plantings beyond the one year Landscaping Bond and whether the developers had revised the routing of truck traffic on the site. Planner Larsen replied City Code offers no other means to ensure the landscaping is viable after one complete growing season. Planner Larsen stated while the truck traffic is still routed as originally planned, the grocery store had been sited slightly south and the loading docks adjusted to a more westerly orientation. Member Maetzold asked if the developers looked at methods of preventing parking migration from the Key Cadillac site and asked if the City had a way of controlling the site to ensure debris is contained. Planner Larsen responded saying the City does have the nuisance ordinance to use regarding the debris problem. However, Planner Larsen would recommend deferring to the developers on this issue. Bob Shadduck, Jeny‘s Enterprises, responded that trash is a big problem in the area. Mr. Shadduck stated the developer will do their best to control the problem. Additionally, Mr. Shadduck acknowledged the parking problem from the south. He stated they are working out a way to stop it, perhaps such as bollards or concrete barriers to obstruct the passage of cars from the south. Member Smith moved granting second reading of the following ordinance subject to compliance to five conditions: 1)Dedication of additional York Avenue right-of-way; 2) additional landscape screening of York Avenue parking; 3) extension of the fence in the northeasterly portion of the site easterly to property line then south for 30 feet along Xerxes Avenue; 4) Landscaping Performance Bond; and 5) Modification of the path from Xerxes Avenue to meet American with Disability Act (ADA) requirements: I ORDINANCE NO. 850-A7 BY REZONING PROPERTY TO PLANNED COMMERCIAL DISTRICT (PCD-3) FROM SINGLE DWELLING DISTRICT (R-I) AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTAJ ORDAINS: Section I. Subsection 850.06 of Section 850 of the Edina City Code is amended by adding the following thereto: “The extent of the Planned Commercial District (PCD-3) is enlarged by the addition of the following property: Lots 5,6 and 7, YORK TERRACE The extent of the Single Dwelling District (R-I) is reduced by removing the property described above from the R-I District.” Section 2. This ordinance shall be in full force and effect upon its passage and publication. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Ordinance adopted. Member Kelly seconded the motion. I Member Smith introduced the following resolution and moved its adoption granting final plat approval subject to compliance with five conditions: 1)Dedication of additional York Avenue right- of-way; 2) additional landscape screening of Yo& Avenue parking; 3) extension of the fence in the northeasterly portion of the site easterly to property line then south for 30 feet along Xerxes Page 4 MinuteslEdina Citv CouncillMav 20, 1996 Avenue; 4) Landscaping Performance Bond; and 5) Modification of the path from Xerxes Avenue to meet American with Disability Act (ADA) requirements: RESOLUTION APPROVING FINAL PLAT FOR THE YORKDALE SHOPPES BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, Yorkdale Shoppes, platted by Welsh Companies, Jerry’s Enterprises and the City of Edina, Minnesota, a public body corporate and politic under the laws of the State of Minnesota, and presented at the regular meeting of the City Council on May 20, 1996, be and is hereby granted final plat approval. Member Kelly seconded the motion. I Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Resolution adopted. Member Smith introduced the following resolution and moved its adoption approving an amendment to the City of Edina’s Comprehensive Plan subject to compliance with five conditions: 1)Dedication of additional York Avenue right-of-way; 2) additional landscape screening of York Avenue parking; 3) extension of the fence in the northeasterly portion of the site easterly to property line then south for 30 feet along Xerxes Avenue; 4) Landscaping Performance Bond; and 5) Modification of the path from Xerxes Avenue to meet American with Disability Act (ADA) requirements: . RESOLUTION AMENDING COMPREHENSIVE PLAN BE IT RESOLVED BY the City Council of the City of Edina, Minnesota, that the Comprehensive Plan of the City be amended by changing the designation for the property located at 6716, 6720 and 6724 York Avenue on the 1980 City Land Use Map from low density residential to commercial. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Resolution adopted. PUBLIC HEARINGS HELD: FINAL SITE PLAN APPROVED FOR PHASE I - SOUTH EDINA DEVELOPMENT THIRD ADDITION - CENTENNIAL LAKES LIMITED PARTNERSHIP AND FINAL PLAT APPROVED FOR SOUTH EDINA DEVELOPMENT THIRD ADDITION Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen noted on September 5, 1996 the City Council approved a revised Master Plan for the undeveloped portions of the Centennial Lake mixed use development. The revised plan called for five office buildings containing approximately 1,160,000 square feet. The total site is approximately 25 acres and is located east of France Avenue and north of Minnesota Drive. Planner Larsen explained the proponents are requesting Final Site Plan approval for Phase One of the development. Phase One includes a six story office building of 130,000 square feet located in the southwesterly portion of the site. This phase also includes a 10,000 square foot restaurant attached to the north end of the proposed building. Planner Larsen stated Council attached ten conditions to the Master Plan approval last September, many of which apply to future phases. However, Planner Larsen reviewed the following conditions that apply to Phase One: I. 2. 3. 4. Location of West 76th Avenue curb cut, the curb cut has been adjusted to eliminate conflicts and has been reviewed and approved by Edina staff; France Avenue’s second curb cut request denied by Hennepin County; Tramway circulation as it comes from the north, the tramway will circulate on the exterior of the site as opposed to by the lake as in the central portion of Centennial Lake, the area by the pond will be devoted to pedestrian activities; Setbacks for proposed parking lots and ramps, Phase One surface parking has been adjusted to Page 5 MinuteslEdina Citv CouncillMav 20.1996 5. 6. 7. meet Code required twenty foot setback near the intersection of Minnesota Drive and France Avenue; Additional landscaping east of Edinborough Way (not on subject property, actually on Edinborough property) Developers have met with associations and residents of the Edinborough and Centennial Lakes, and an agreement has been reached to defer the landscaping until a future phase, when something is developed on the easterly edge of the property, then appropriate landscape screening will be put in place; Like materials on building and ramp facing, developers agreed to face the buildings and ramps with the same materials; The developer work with associations, developers have indicated they are in the process of working with both the Edinborough and Centennial Lakes Associations. I Planner Larsen stated the Planning Commission recommended approval of the Final Site Plan and Final Plat approval of Phase One with two conditions: 1) the adjustment of the parking lot to comply with the twenty foot setback from the property line; and 2) redevelopment contract with the HRA including a Developer's Agreement covering all public improvements. Mayor Richards called for public comments on this development. No one appeared to speak. Member Maetzold introduced the following resolution and moved its approval granting Final Site Plan approval subject to the following two conditions: I) the adjustment of the parking lot to comply with the twenty foot setback from the property line; and 2) redevelopment contract with the HRA including a Developer's Agreement covering all public improvements: RESOLUTION BE IT RESOLVED by the City Council at the City of Edina, Minnesota, that the Final Site Plan for Phase One, South Edina Development Third Addition, as presented at the regular meeting of the City Council on May 20,1996, be and is hereby approved with the aforementioned two conditions. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Resolution adopted. Member Maetzold introduced the following resolution and moved its approval granting Final Plat approval subject to the following two conditions: I) the adjustment of the parking lot to comply with the twenty foot setback from the property line; and 2) redevelopment contract with the HRA including a Developer's Agreement covering all public improvements: RESOLUTION BE IT RESOLVED by the City Council at the City of Edina, Minnesota, that that certain plat entitled South Edina Development Third Addition platted by United Properties, a Minnesota corporation, as presented at the regular meeting of the City Council on May 20, 1996, be and is hereby approved with the aforementioned two conditions. Member Kelly seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Resolution adopted. *FINAL DEVELOPMENT PLAN FOR EDINA PROPERTIES (3917 - 3929 WEST 50TH STREET) CONTINUED TO JUNE 3,1996 Motion made by Member Smith and seconded by Member Maetzold to continue to June 3,1996, the final development plan for Edina Properties, 3917 - 3929 West 50th Street. Motion carried on rollcall vote - three ayes. I *RESOLUTION APPROVING LOT DIVISION 96-2 APPROVED (6600 BELMORE LANE1 Motion of Member Smith seconded by Member Maetzold for adoption of the following resolution: RESOLUTION WHEREAS, the following described tracts of land constitute two separate parcels: Page 6 MinuteslEdina City CounciVMay 20, 1996 Lot 11,12 and 13, Block I, WEST MINNEAPOLIS HEIGHTS; together with that part of Tyler Avenue vacated lying adjacent to the East line of said Lots 11, 12 and 13 lying between the extensions East of the North line of said Lot I1 and the South line of said Lot 13, according to the plat thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota. Outlot B, DEARBORN ADDITION, according to the plat thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota, AND I WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels: The west 75.00 feet of Lots 11,12 and 13, Block 1, WEST MINNEAPOLIS HEIGHTS, and The west 75.00 feet of Outlot B, DEARBORN ADDITION, as measured at right angles to the west line of said lots, according to the plats thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota. Lots 11,12, and 13, Block 1, WEST MINNEAPOLIS HEIGHTS, EXCEPT the west 75.00 feet thereof, with that part of Tyler Avenue vacated lying adjacent to the East line of said Lots 11, 12, and I3 lying between the extensions East of the North line of said Lot I1 and the South line of said Lot 13, and Outlot B, DEARBORN ADDITION, EXCEPT the west 75.00 feet thereof, as measured at right angles to the west line of said lots, according to the plats thereof on file or of record in the Office of the County Recorder in and for Hennepin County, Minnesota. AND WHEREAS, 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 purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Section 810 and Code Section 850 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and 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 provided for by those ordinances. Motion carried on rollcall vote - three ayes. *BID AWARDED FOR FIRWEMS CONSTRUCTION CONTRACT Motion made by Member Smith and seconded by Member Maetzold for award of bid for FirelEMS Station construction to recommended low bidder, James Steel Construction at $588,700.00. Motion carried on rollcall vote - three ayes. *BID AWARDED FOR EDINA AQUATIC CENTER WATER SLIDE TOWER PREPARATION AND PAINT Motion made by Member Smith and seconded by Member Maetzold for award of bid for Edina Aquatic Center water slide tower preparation and paint to recommended bidder, Hagen Decorators at $8,595.00. Motion carried on rollcall vote - three ayes. *BID AWARDED FOR ASPHALT STREET MILLING (PARTIAL) Motion made by Member Smith and seconded by Member Maetzold for award of bid for asphalt street milling (partial) to recommended low bidder, Midwest Asphalt at $7,395.00. Page 7 MinuteslEdina City CouncillMav 20,1996 Motion camed on rollcall vote - three ayes. *BID AWARDED FOR AQUATIC WEED TREATMENT - 18 LOCATIONS Motion made by Member Smith and seconded by Member Maetzold for award of bid for aquatic weed treatment for eighteen locations to recommended low bidder, Lake Restoration, Inc., at $10,793.00. Motion camed on rollcall vote - three ayes. *TRAFFIC SAFETY REPORT OF MAY 7,1996 APPROVED Motion made by Member Smith and seconded by Member Maetzold to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of May 7,1996, as follows: I. “NO Parking 400 - 6:OO P.M.” signs be installed on southbound France Avenue southward for 100 feet to facilitate the merging of traffic; 2. “Straight ahead” arrow be included and aligned with the driveway to permit entry to the commercial area; and to acknowledge Sections B and C. Motion camed on rollcall vote - three ayes. *HEARING DATE SET OF JUNE 3. 1996 FOR REQUEST FOR PARTIAL RELEASE OF CONSERVATION RESTRICTION (LOT I, BLOCK 2, TAFT ADDITION) Motion made by Member Smith and seconded by Member Maetzold setting June 3,1996, as hearing date for request for partial release of conservation restriction, Lot I, Block 2, TAFT ADDITION. Motion camed on rollcall vote -three ayes. *RESOLUTION ADOPTED FOR COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY APPROVED FOR 800 MHZ TRUNKED RADIO PROJECT Member Smith introduced the following resolution seconded by Member Maetzold as follows: RESOLUTION WHEREAS, the City of Edina is desirous of developing and connecting to the Hennepin County 800 MHZ trunked radio system. BE IT RESOLVED that the City of Edina enter into a cooperative agreement with Hennepin County for consulting engineering services during the preliminary design of said radio system. The estimated cost of the services is $3,800. The services include site evaluation and engineering of microwave paths that would connect the City of Edina’s Dispatch to the Hennepin County System. Motion carried on rollcall vote - three ayes. *RESOLUTION AUTHORIZING COOPERATIVE CONSTRUCTION AGREEMENT WITH MnlDOT FOR LOCAL COST PARTICIPATION IN INTEGRATED CORRIDOR TRAFFIC MANAGEMENT SYSTEM JlCTMl Member Smith introduced the following resolution seconded by Member Maetzold as follows: RESOLUTION BE IT RESOLVED that the City of Edina enter into Agreement No. 74863 with the State of Minnesota Department of Transportation for the following purposes, to wit: To provide for payment by the City to the State of the City’s share of the costs of the integrated corridor trafFic management system components construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 494 from east Bush Lake Road to the east corporate City limits under State Projects No. 2785300 (T.H. 494=393) and No. 120-030- I 01. BE IT FURTHER RESOLVED that the proper City officers are hereby authorized and directed to execute such agreement. Motion camed on rollcall vote - three ayes. Page 8 MinuteslEdina Citv CouncillMav 20, 1996 LAND EXCHANGE AGREEMENT AUTHORIZED - YORK AVENUE LIQUOR Assistant Manager Hughes reported staff has negotiated terms concerning the relocation of the York Avenue liquor store. Staff recommended authorizing the City Attorney prepare necessary documents affecting the relocation. Documents presented by Attorney Gilligan contained points as follows: I. Construction of New Liquor Store in Exchange for Existing Store: a. 8,000 square foot store, b. C. d. Store and adjacent parking owned by City and located on the west end of CUB Food store with cross easements for ingress, egress and parking, Plans for new store approved by City with liquor store constructed of different brick to be distinguished from CUB store, Planning, construction, moving, legal and other costs associated with new store and transfer of existing store to be paid by Jerry‘s Enterprises, including costs related to acquisition/installation of store fixtures, signage and all other items to the satisfaction of City, City and Jews Enterprises to agree on existing fixtures and systems to be relocated to new store, Move to new store made with no or minimal loss of hours of operation at York Avenue store, and Upon completion of move, City will transfer ownership of existing York Avenue store to Jerry‘s Enterprises on an “as is” basis. Jerry‘s Enterprises to conduct own due diligence as to any environmental matters. e. f. g. 2. 3. 4. Notice to Hirshfields City Option to Relocate Store to Present Hirshfield Location Financial Guaranties by Jerry’s Enterprises Staff recommended authorization of land exchange agreement and related documents with respect to the relocation of the York Avenue liquor store. D Member Smith made a motion authorizing Attorney Gilligan to prepare the necessary land exchange agreement between the City of Edina and Jerry’s Enterprises for the York Avenue liquor store, located on the east side of York avenue South between Wicke’s Furniture and Key Cadillac. Member Maetzold seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Motion carried. STORM SEWER IMPROVEMENT NO-STS-240 ORDERED (ROLLING GREEN) Engineer Hoffman reminded Council this proposed project would replace a deteriorating existing system (old metal pipe) and would upgrade the size to meet current standards. The project is located in the Rolling Green area and would connect to the recently completed Meadowbrook Golf Course stormwater project. The project would reduce the potential for flooding around homes on the Rolling Green pond at an estimated cost of $440,151.16. Due to the narrowness of the road from the Mait Lane/Merilane intersection into the Merilane cul-de-sac, the street would need replacing after installation of the storm sewer. This would account for approximately twenty-five percent of the construction cost. Staff believes the construction is maintaining our stormwater management goals to lower flood potential and replace the aging infrastructure. Engineer Hoffman stated the City would fund the project from the storm water utility fund. Member Smith made a motion ordering the Rolling Green Storm Sewer Improvement No. STS-240, approving the plans and specifications, and authorizing advertisement for bids. Member Kelly seconded the motion. Rollcall: I Page 9 MinuteslEdina Citv CouncillMav 20,1996 Ayes: Kelly, Maetzold, Smith, Richards Motion carried. STORM SEWER LIFT STATION IMPROVEMENT NO. STS-242 ORDERED (MIRROR LAKES) Engineer Hoffman explained Mirror Lakes has experienced consistently high water in the past three years. Staff requested the Department of Natural Resources (DNR) review the lake and establish a normal high water line. The high water line established by the DNR is at 907.5 feet above sea level. Since 1963, Mirror Lakes has been monitored by the Nine Mile Creek Watershed District. Prior to the I987 Federal Flood Disaster rainfall event, only one time in June, 1965, did Mirror Lake exceed the normal high water mark. In 1987, the flood caused the lake to rise 4.6 feet above the normal high water mark. However, an extremely dry period followed the flood and the lake receded to 904.5 feet above sea level by January, 1989. Two rainfall events in July, 1992 and July of 1993 caused the lake to again exceed the normal high water mark. The past three years have had weather conditions not conducive to a great amount of evaporation that is currently the only way the lake level drops other than absorption. Homeowners on the lake have expressed concern over the high water and loss of mature oak trees at the lake shore. Engineer Hoffman told that staff has developed a plan that DNR staff has reviewed. A lift station could be installed on City owned property just east of Fox Meadow Lane. A line could be installed from that point then over to Pine Grove Road to a gravity storm sewer. The estimated cost to construct the lift station and force main is $163,292.00 which would include NSP costs to provide power to the station. The project would allow the City to control the lake at an elevation of 906.00 that is one and one-half feet lower than the normal high water elevation. The project would be funded from the stormwater utility fund. Residents, Alan Hesdorffer, 5308 Dundee Road and Chuck Colby, 51 09 Lake Ridge Road encouraged approval of the lift station installation. Member Kelly made a motion ordering Storm Sewer Lift Station Improvement STS-242 approving plans and specifications, and authorizing advertisement for bids. Motion was seconded by Member Smith. Rollcall: Ayes: Kelly, Maetzold, Smith, Richards Motion carried. CENTENNIAL LAKES STORM SEWER APPROVED Engineer Hoffman explained that due to the development on the southerly third of Centennial Lakes, a need exists to install the final portion of the public storm sewer. He presented drawings with the proposed pipe depicted in the location for public improvement. The pipe would ultimately serve as the outlet for the current lake and the lake to be constructed on the southerly area. The project is required now as it will go through a portion of the new development. It meets the requirements of the Nine Mile Creek Watershed District as part of the overall City plan. The project will replace the existing ditch and piping that go through the new development. The estimated cost of the project is $288,940.00 and would be funded through the HRA as a park improvement. Engineer Hoffman noted staff would recommend approval of the project. Member Kelly made a motion ordering improvement project STS-243, approving plans and specifications, and authorizing advertisement for bids. Motion was seconded by Member Maetzold. Rol I cal I: Ayes: Kelly, Maetzold, Smith, Richards Motion carried. LEASE APPROVED FOR AMERICAN PORTABLE TELECOM Assistant Manager Hughes explained staff had been approached by representatives of American Portable Telecorn concerning the installation Page 10 MinuteslEdina City CouncillMay 20. 1996 of a PCS telephone antenna near Gleason Road and the Crosstown Highway. Personal Communication Service (PCS) is the newest generation of cellular telephone that operates on a different frequency than existing cellular service. APT is proposing a site agreement/ lease that would permit the installation of a 75 foot tall monopole and cellular antenna array. This installation would be located just east of the Gleason Avenue water tower. Plans presented illustrated the proposed monopole and cellular antenna. The installation would be almost identical to that installed by USWest Communications at the Fire Station at Tracy and the Crosstown. APT submitted a proposed site agreement for the City’s consideration. Under the terms of the site agreement, APT would lease the property for an initial term of six years and would retain an option to extend the lease for three additional six year terms. The proposed rental fee is $1,000 per month for the initial term. This rental rate would increase for subsequent terms at a rate equal to three percent per year. Although the lease has not been reviewed in detail by the City Attorney, the staff finds it to be very similar to the lese entered into with USWest Communications two years ago. The proposal has been reviewed by the Park Director, Planning Director and Assistant City Manager who recommend its acceptance subject to the review and approval of the site agreement by the City Attorney. After a brief Council discussion, Council consensus was that a hold-harmless agreement be included with the final proposal. Member Maetzold authorized execution of leaselsite agreement to permit the installation of a cellular telephone tower and antenna on City property in the vicinity of Gleason Road and the Crosstown Highway with inclusion of a hold harmless clause in favor of the City. Motion seconded by Member Smith. Ayes: Kelly, Maetzold, Smith, Richards Motion carried. *HEARING DATE OF JUNE 17,1996, SET FOR CABLE TELEViSlON FRANCHISE RENEWAL Motion made by Member Smith and seconded by Member Maetzold setting June 17,1996, as hearing date for renewal of cable television franchise. Motion carried on rollcall vote - three ayes. CITY MANAGER AUTHORIZED TO APPOINT MEMBERS TO THE TELECOMMUNICATION ADVISORY FOCUS GROUP Manager Rosland commented that the Technology Committee was given an assignment to develop a Technology Plan for upgrading communication and computer technology within the City’s operation. The Committee has divided into small work groups with specific areas of focus. One of those work groups is the Telecommunication Work Group. The mission of the Telecommunication Work Group is to make a recommendation to the Technology Committee and ultimately the City Council for the design of a telephone system and other telecommunication devices that will enhance service to public. Manager Rosland explained that input from the community on types of systems the public would want and what kinds of communication they want with “City Hall.” The Work Group suggested a focus group of five citizens be selected from groups that interact frequently with the City on business transactions, e.g., Associations such as Athletic, Builders, Building Owners, Managers, the real estate industry, the Edina Senior Center and volunteer list for an at-large member. It was suggested that the focus group meet with the Telecommunications Work Group for two of their meetings, June 6 and June 15 and their recommendations incorporated into the Group recommendation. Member Smith made a motion authorizing the City Manager to select participants for formation of an advisory telecommunications focus group. Motion seconded by Member Kelly Ayes: Kelly, Maetzold, Smith, Richards Motion carried. Page 11 MinuteslEdina City CouncillMay 20,1996 *PETITION FOR ALLEY LIGHTING REFERRED TO ENGINEERING FOR PROCESSING ( MADISON AND JEFFERSON) Motion made by Member Smith and seconded by Member Maetzold to refer the petition for alley lighting at Madison and Jefferson to the Engineering Department for processing as to feasibility. I Motion carried on rollcall vote - three ayes. CONCERN OF RESIDENT - PROPERTY DAMAGE BY DEER Mayor Richards noted correspondence was received from Joseph M. and KaiMay Y. Terry, 5109 Ridge Road, expressing concern with property damage caused by deer. Mr. Terry repeated concerns with the alarming increase in damage to vegetation in their yard and fear of the transmission of Lyme disease. He urged Council to take action on this serious problem. Sanitarian Velde submitted a brochure from the Minnesota Department of Health, Disease Prevention and Control regarding Lyme disease that states as of this date, the bacteria responsible for Lyme disease have not been detected in deer ticks sampled in southern Hennepin County. It is highly unlikely a resident would be exposed to tickborn Lyme disease from working/playing in their back yard. Transmission can be prevented by checking for ticks after being outdoors and removing ticks within 24 hours. Assistant Manager Hughes, Director of the deer program, explained the three year old City program consisting of annual aerial deer counts, how the ratio of deer is figured within the approximately twenty- five square miles of habitat, the problem with relocation and methods of removal. No Council action was required. RESIDENT CONCERN EXPRESSED George Topor, 5709 Kemrich, expressed various concerns, none of which could be responded to without staff research. Mayor Richards encouraged Mr. Topor to submit his questions in writing to the Council in adequate time to have a response by the regular Council meeting June 3, 1996. I CLAIMS PAID Member Kelly made a motion to approve payment of the following claims as shown in detail on the Check Register dated May 15, 1996, and consisting of 29 pages: General Fund $288,103.84; Communications $7,117.58; Working Capital $18,471.62; Art Center $5,062.24; Swimming Pool Fund $2,773.63; Golf Course Fund $83,789.81; Ice Arena Fund $13,070.68; Gun Range Fund $445.01; EdinboroughlCentennial Lakes $26,058.85; Utility Fund $31 8,232.83; Storm Sewer Utility Fund $632.30; Recycling Program $40,098.07; Liquor Dispensary Fund $1 57,744.77; Construction Fund $30,499.26; TOTAL $992,100.49. Motion seconded by Member Maetzold. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:00 P.M. Page 12