HomeMy WebLinkAbout19961118_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
NOVEMBER 18,1996 - 7:OO P.M.
ROLLCALL Answering rollcall were Members Maetzold, Paulus, Smith and Mayor Richards.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Maetzold and seconded by
Member Smith adopting the Council Consent Agenda as presented.
Rollcall:
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
MINNESOTA CHEMICAL HEALTH WEEK PROCLAIMED Motion of Member Paulus, seconded
by Member Maetzold and passed unanimously proclaiming the week of November I8 - 24,
1996 as Minnesota Chemical Health Week throughout Edina and encouraging citizen
participation in all Chemical Health Week activities. Mayor Richards noted that alcohol, tobacco
and other drug abuse has affected every person in Minnesota. He continued explaining that
prevention and treatment efforts and activities such as MADD’s Red Ribbon Project and D-Day have
made major gains in reversing the trend.
*MINUTES OFTHE REGULAR MEETING OF NOVEMBER4.1996 AND CANVASS OF ELECTION
RETURNS OF NOVEMBER 6. 1996. APPROVED Motion made by Member Maetzold and
seconded by Member Smith approving Minutes of the Regular Meeting of November 4,1996,
and canvass of election returns of November 6,1996.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARING HELD: TREE TRIMMING IMPROVEMENT Tr-97 APPROVED (WEST OF
HIGHWAY 100, EAST OF HIGHWAY 169. NORTH OF HIGHWAY 62 AND SOUTH OF VERNON
AVENUE) Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Park Director
Park Director Keprios explained the Park and Recreation Department has been trimming boulevard
trees by section throughout Edina. Trees are trimmed to provide clearance over the street to 16 feet
in height, dead wood is removed and moderate crown thinning is performed. The project is funded
by special assessments to the benefitted properties. The Midwest section west of Highway 100, east
of Highway 169, north of Highway 62 and south of Vernon Avenue was last trimmed eight years ago.
This area referred to as “Area 5” includes 830 trees of which 510 need trimming (located on 474
properties). Of the trees needing trimming 227 trees are twelve inches and under in diameter while
283 are more than twelve inches in diameter. Director Keprios explained the cost of the trimming is
calculated by measuring the diameter of the tree at chest height, then dividing by 3.14(the value of
pi). He reviewed the estimated costs ranging from $12.12 for an 8 inch tree to $80.68 for a 32 inch
tree.
Director Keprios explained the proposed schedule for the project would be to advertise for bids to be
awarded by Council December 16, 1996 with the actual trimming completed by March 30, 1997.
Residents would be notified two weeks before the trimming by a door hanger. The assessment
hearing would be held in the fall of 1997.
Public Comment
Herman Bains, 6101 Tracy, protested any assessment for a large cottonwood tree on his boulevard.
Page 1
MinutedEdina City CouncillNovember 18.1996
Mr. Bains stated the tree is and has been a nuisance for many years because it produces copious
amounts of cotton and drops twigs. The cotton fouls his home and yard as well as his neighbors’
properties. Mr. Bains complained to the City that he wanted the tree taken down. He reported the City
many years ago informed him the tree was not owned by Mr. Bains so he could not take in down.
Now, through in his opinion, some silent transfer of ownership the tree is his problem and will be
trimmed at his expense. Consequently, Mr. Bains formally protested any assessment for tree
trimming.
Council directed the City Manager to review the cottonwood on Mr. Bains’ boulevard with him and
report back to the Council.
Member Maetzold introduced the following resolution and moved its adoption:
RESOLUTION ORDERING TREE TRIMMING IMPROVEMENT NO. lT-97
WHEREAS, the Edina City Council on the seventh day of October, 1996 fixed a date for
a council hearing on the proposed tree trimming Improvement No. lT-97 and
WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing
were given, and the hearing was held thereon on the 18th of November 1996, for Improvement
No. TT-97 Tree Trimming.
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 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. TT-97
Tree Trimming.
BE IT FURTHER RESOLVED that Improvement No. ‘IT-97 Tree Trimming is hereby
ordered. Member Smith seconded the motion. 1
Rollcall:
Ayes: Members Maetzold, Paulus, Smith, Richards
Resolution adopted.
PUBLIC HEARING HELD: STREET LIGHTING IMPROVEMENT L-39 APPROVED
(SHAUGHNESSY ROAD) Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Enaineer
Engineer Hoffman informed Council the Engineering Department received a petition requesting an
additional street light on Shaughnessy Road. The City contacted NSP to research the feasibility of
having an overhead street light installed as petitioned. 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. After reviewing the area layout, NSP and the City selected a spot between 7732
Shaughnessy Road and 5878 West 78th Street as the most feasible location to the erect the pole
and light. The Engineering Department with NSP put together a cost estimate of $374.1 6 to install
an ornamental street light. This would amount to a per-lot assessment of $93.54. Engineer Hoffman
concluded the assessment would be proposed for one year. The project is consistent with the overall
spacing of street lights and staff recommended authorization.
Public Comment
Phyllis Kharbanda, 7732 Shaughnessy Road, stated she would like the light moved off her property.
MsI Kharbanda informed Council she signed the petition when circulated so her street could be better
Page 2
Minutes/Edina City Council/November 18.1996
lighted, but feels she already has enough utility structures on her property. Engineer Hoffman agreed
that the light could be moved 10-15 feet south without a problem, provided the property owner at
5878 West 78th Street agrees to the location.
Member Maetzold introduced and moved adoption of the following resolution contingent upon
concurrence by the resident of 5878 West 78th Street:
RESOLUTION ORDERING STREET LIGHT IMPROVEMENT NO. L-39
WHEREAS, the Edina City Council on the 4th day of November 1996, fixed a date for
a council hearing on the proposed street light installation, Improvement No. L-39 and
WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing
were given, and the hearing was held thereon on the 18th of November 1996, for Improvement
No. L-39 installation of a street light adjacent to 5878 West 78th Street 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-39 installation of a street light adjacent to 5878 West 78th Street
BE IT FURTHER RESOLVED that Improvement No. L-39 installation of a street light
adjacent to 5878 West 78th Street is hereby ordered as proposed.
Adopted this 18th day of November 1996. Motion seconded by Member Smith.
Rollcall: I Ayes: Members Maetzold, Paulus, Smith, Richards - Resolution adopted.
PUBLIC HEARING HELD: PRELIMINARY PLAT APPROVED - WARDEN ACRES HALLGREN
REPLAT 5809 JOHNSON DRIVE (ERNEST HALLGREN) Affidavits of Notice were presented,
approved and ordered placed on file.
Presentation bv Planner
Planner Larsen explained the subject property is a developed single dwelling property with frontage
on Johnson Drive, The lot measures I00 feet by 238 feet with a total lot area of 24,817 square feet.
The proposed subdivision would create one new buildable lot accessing Oak Lane through an
unimproved road easement. The Zoning Ordinance requires lots to have a minimum frontage of 30
feet on an improved public street. Therefore, the proponents have requested a variance allowing the
new lot to be served by a driveway from the existing CUI de sac. Planner Larsen clarified the
extension of Oak Lane south and then easterly to connect with Garden Avenue had been anticipated
when earlier subdivisions were platted. If the extension of Oak Lane is completed the proposed new
lot would access Oak Lane.
Planner Larsen added the proposed lots are essentially the same size as the two lots to the
immediate north and are compatible in size with most lots created in the Oak Lane/Garden Avenue
area over the last fifteen years. However, both proposed lots require lot depth and lot area variances
because the current Subdivision Ordinance, adopted in 1990, changed the design standard.
Planner Larsen noted City utilities do not serve the proposed lot. The City Engineer would require
extending the existing sewer and water in Oak Lane fifty feet south to serve the lot.
Page 3
MinuteslEdina City CouncillNovember 18.1996
I Planner Larsen reported the Planning Commission’s recommendation that the Council approve the
Preliminary Plat subject to: Final Plat approval, a Developers Agreement, Subdivision Dedication, and
acknowledgment of possible future special assessments for Oak Lane.
Proponent Comment
Ernest Hallgren, 5809 Johnson Drive stated he accepted all the conditions placed upon the
subdivision of his property. Mr. Hallgren said he had been informed of the costs of installing utilities
to the property and the potential for a future special assessment and he accepts them.
Member Smith introduced the following resolution and moved it adoption:
RESOLUTION APPROVING PRELIMINARY PLAT
FOR WARDEN ACRES HALLGREN REPLAT
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled ‘‘ WARDEN ACRES HALLGREN REPLAT,” platted by Ernest Hallgren, on
November 18, 1996, be and is hereby granted preliminary plat approval subject to the
following conditions:
I. Final Plat
2. Developer’s Agreement
3. Subdivision Dedication
4. Acknowledgment from Ernest Hallgren of possible future special assessment
for Oak Lane
Member Maetzold seconded the motion.
Rollcall:
Ayes: Members Maetzold, Paulus, Smith, Richards
Resolution adopted
FIRST READING GRANTED - ORDINANCE NO 1996-3 AN ORDINANCE REQUIRING THE
ISSUANCE OF PERMITS FOR USE OF PUBLIC OR PRIVATE PROPERTY FOR FILMING OF
MOTION PICTURES. COMMERCIALS OR OTHER VIDEO PRODUCTIONS OR COMMERCIAL
PHOTOGRAPHY Assistant Manager Hughes explained to Council that proposed Ordinance No
49963, an Ordinance amending the Cify code to require the issuance of permits for the use of public
or private property for the filming of motion pictures, commercials or other video productions or
commercial photography has been revised, based upon comments received at the October 21 , 1996
meeting. One section he specifically mentioned was Subsection 1350.06 providing for the review and
approval process of permit applications as well as some minor rearrangements but no real
substantive changes were made. Copies of the revised proposal have been forwarded to the Film
Board as well as residents who have appeared before the Council. Staff recommends approval of
the ordinance.
Kelly Pratt Raymond of the Minnesota Film Board took exception with what she termed the 3% week
turnaround a public hearing would require and offered the same services provided the State with
screening of film and motion pictures. Ms. Pratt Raymond said the Board could live with the proposed
guidelines if accommodation was made for special circumstances such as weather, etc.
Bill Horn, 451 I Browndale Avenue stated very few if any residents are compensated for the filmings
and they are still a nuisance, However, Mr. Horn believes the ordinance as drafted is acceptable.
Mayor Richards commented he would not like Edina to appear as obstructionists but he would agree
with the proposed Ordinance as it is. I
Page 4
MinutedEdina City Council/November 18.1996
Member Maetzold stated his favor with the proposed Ordinance and reminded Council a major film
was made in his neighborhood. He found the filming fun and a good experience.
Member Maetzold made a motion granting First Reading to Ordinance No 1996-3, An
Ordinance Amending the City Code to Require the Issuance of Permits for the Use of Public
or Private Property for the Filming of Motion Pictures, Commercials or Other Video
Productions of Commercial Photography. Member Smith seconded the motion.
I
Ayes: Maetzold, Paulus, Smith, Richards
First Reading Granted.
*BID AWARDED FOR GOLF DOME FURNACE (EMERGENCY REPLACEMENT) Motion of
Member Maetzold seconded by Member Smith for award of bid for emergency replacement
of the golf dome furnace to sole supplier, Minnesota Air Structures at $5,600.00.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR CAN LINERS Motion of Member Maetzold seconded by Member Smith
for award of bid for can liners for Braemar Golf Course, Edinborough/Centennial Lakes and
Park Maintenance to recommended low bidder, Van Paper Company at $5,342.62.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR PLAYGROUND EQUIPMENT FOR COUNTRYSIDE PARK Motion of
Member Maetzold seconded by Member Smith for award of bid for playground equipment for
Countryside Park to recommended low bidder, St. Croix Recreation Co. Inc., at $36,689.68.
Motion carried on rollcall vote - four ayes.
*SENIOR BUS REPLACEMENT PURCHASE CONTINUED TO DECEMBER 2.1996 Motion of
Member Maetzold seconded by Member Smith to continue the bidding process for
replacement of the senior bus to December 2,1996.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR TRACTOR WITH LOADER FOR BRAEMAR GOLF COURSE Motion of
Member Maetzold seconded by Member Smith for award of bid for tractor with loader for
Braemar Golf Course to recommended low bidder, Long Lake Tractor and Equipment at
$27,877.00.
Motion carried on rollcall vote - four ayes.
*TRAFFIC SAFETY REPORT OF NOVEMBER 5.1996 APPROVED Motion of Member Maetzold
and seconded by Member Smith to approve the following actions as recommended in Section
A of the Traffic Safety Staff Report of November 5,1996, as follows:
Painting of a yellow 50 foot centerline stripe in the curve area of Lanham Lane east of
Fleetwood Drive;
An educational, safety oriented letter be prepared and sent to the neighborhood, as
well as measure for clear view the northwest quadrant of the intersection;
Increase the size of the STOP signs and add “Crossing Traffic Does Not Stop” signs
at W. 54th Street at Beard Avenue and Drew Avenue;
Installation of a reverse turn sign and a 15 MPH advisory for westbound traffic east of
the West 64th Street reverse turn;
Installation of STOP signs at the north and south driveway of Fire Station No. 2 at York
Avenue South; and
I.
2.
3.
4.
5.
Page 5
MinuteslEdina City CouncillNovember 18.1996
to acknowledge Sections B and C.
Motion carried on rollcall vote - four ayes.
*I997 COUNCIL MEETING DATES APPROVED Motion of Member Maetzold and seconded by
Member Smith approving 1997 Council Meeting dates other than the first and third Mondays
as follows:
Tuesday - January 21
Tuesday - February 18
Tuesday - September 2
(Monday, January 20 is Martin Luther King Day)
(Monday, February 17 is Presidents’ Day)
(Monday, September 1 is Labor Day)
Motion carried on rollcall vote - four ayes.
1997 LEAGUE OF MINNESOTA CITIES POLICY ADOPTION CONFERENCE AND LEGISLATIVE
POLICIES MEETING INFORMATION ANNOUNCED Manager Rosland explained the League of
Minnesota Cities will hold their Policy Adoption Conference on Friday, November 22, 1996, at the
Ramada Plaza, 12201 Ridgedale Drive, Minnetonka. He stated he would attend and if other Council
members were interested in attending to make their wishes known so reservations could be made.
AUTHORIZATION GIVEN TO APPLY FOR “COPS MORE” GRANT Police Chief Bernhjelm
explained the Police Department is requesting authorization from the Council to apply for a grant from
the Federal government under the “Cops More” program. The program provides money to assist in
the purchasing of technology to improve efficiency and allow for redeployment of officers into
community policing activities. Monies were applied for in two areas:
I. Traffic Radar Trailer Federal Amount Requested $10,500
2. Mobile Data System Upgrade
allowing use of portable
computers for data entry and
retrieval, computer-aided
dispatching and mapping Federal Amount Requested $220,758
Long range plans include an upgrade of the data radio system. The grants would allow an opportunity
to take advantage of the COPS money available, but without the long-term commitment to additional
personnel. If the City is awarded either of the grants, detailed proposals would be presented to
Council for action on whether or not to accept the grants.
Member Maetzold made a motion authorizing the 1996 “COPS MORE” grant application
process as presented. Member Paulus seconded the motion.
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
*AMENDED JOINT AND COOPERATIVE AGREEMENT FOR THE SUBURBAN RATE
AUTHORITY APPROVED Motion of Member Maetzold and seconded by Member Smith
approving the amended joint and cooperative agreement for the Suburban Rate Authority as
presented and on file in the office of the City Clerk.
Motion carried on rollcall vote - four ayes.
ST. PETER’S LUTHERAN CHURCH REQUEST FOR ABATEMENT OF ONE WATER
CONNECTION CHARGE DENIED Manager Rosland gave background information on the request
Page 6
MinuteslEdina Citv CouncillNovember 18,1996
from St. Peter’s Lutheran Church request for abatement of one water connection charge at 3717
Fuller Street. Alan Krueger of St. Peter’s sent a letter dated October 25, 1996, stating the reasons
for the request as follows:
St. Peter’s Church has removed the home at 371 7 Fuller leaving the lot vacant
The current plan for the vacant lot, previously approved by the Council, is for the lot
to be green space between future parking lot expansion on one side and a private
residence on the other;
A letter of June 5, 1996, to Engineer Hoffman, requested the property be excluded
from possible assessments due to future plans for the property.
Mr. Krueger’s letter continued stating while St. Peter’s Church realizes a representative from the
church should have been at the October 7th meeting, they are asking consideration of the
assessment now and that an abatement be granted.
1.
2.
3.
Mayor Richards pointed out that any relief granted to St. Peters Church now, would have to come
from the General Fund and he found that unacceptable. Member Smith concurred with the Mayor
and added if relief was sought the church should have appeared in October. Member Maetzold
supported this position stating he would have been willing to listen in October, but now considering
relief at the expense of the entire City does not seem fair.
DATE AND LOCATION SET FOR YEAR END COUNCIL MEETING Manager Rosland asked if the
Year End Meeting tentatively scheduled for December 26, 1996, location could be changed to
Braemar Golf Course. Following a brief discussion, Council consensus was to set the Year End
Council Meeting for December 26, 1996, at Braemar Golf Course and to post the appropriate notice.
CLAIMS PAID Member Maetzold made a motion to approve payment of the following claims
as shown in detail on the Check Register dated November 13,1996, and consisting of 29
pages: General Fund $1 13,770.26; C.D.B.G. $2,860.00; Communications $631 8.38; Working
Capital $151,008.40; Art Center $5,708.40; Swimming Pool Fund $1,072.19; Golf Course Fund
$26,466.56; Ice Arena Fund $5,572.20; Edinborough/Centennial Lakes $9,650.1 5; Utility Fund
$1 90,725.54; Storm Sewer Utility Fund $1,456.99; Recycling Program $39,991 37; Liquor
Dispensary Fund $227,930.95; Construction Fund $53,140.52; Park Bond Fund $45,615.36;
TOTAL $881,487.47; and for confirmation of the following claims as shown in detail on the
Check Register dated November 5, 1996, and consisting of three pages: General Fund
$149,950.81; Golf Course Fund $942.54; Liquor Dispensary Fund $72,050.28; TOTAL
$222,943.63.
Rollcall:
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
I
There being no further business on the Council Agenda, Mayor Richards declared the meeting
adjourned at 8:30 P.M.
I UCity Clerk
Page 7