HomeMy WebLinkAbout19970519_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
MAY 19, 1997 -- 7:OO P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold and Mayor Smith.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Maetzold and seconded by
Member Faust to approve the Consent Agenda as presented with the exception of Item V.B.
Hennepin County Cooperative Agreement W. 66th Street from France to York and Item V.G.
Resolution Authorizing Expenditure of State Aid Funds for W. 66th Street Improvement
Project.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*MINUTES OF THE REGULAR MEETING OF MAY 5. 1997. APPROVED Motion made by
Member Maetzold and seconded by Member Faust approving the Minutes of the Regular
Meeting of May 5,1997.
Motion carried on rollcall vote - five ayes.
*FINAL DEVELOPMENT PLAN FOR EDINA PROPERTIES (3917-3929 WEST 50TH STREET)
CONTINUED TO JUNE 2.1997 Motion made by Member Maetzold and seconded by Member
Faust to continue the final development plan for Edina Properties, 3917-3929 West 50th
Street to June 2,1997. I Motion carried on rollcall vote - five ayes.
PRELIMINARY PLAT GRANTED. DOEPKES DIVISION. 5920 WEST 70TH STREET Affidavits of
Notice were presented, approved and ordered placed on file.
Presentation by Planner
Planner Larsen informed Council the subject property is a developed single dwelling lot measuring
approximately 66,778 square feet in area. An existing home is located on the southwesterly portion
of the property. Planner Larsen explained a request has been received to subdivide the property
creating one new buildable lot. The proposed division would create two lots identical in size and
shape. The existing house would encroach on the new lot and would need to be moved,
remodeled, or razed.
Planner Larsen added Edina's Subdivision Ordinance, Section 81 0 requires newly subdivided lots
to meet or exceed the median average lot width, depth, and area of lots within 500 feet of the
proposed subdivision. Sixty-six lots exist within 500 feet of the property. The median lot width is
I00 feet, depth is 126 feet, and area is 17,465 square feet. Planner Larsen added the proposed
lots exceed ordinance requirements for width, depth, and area with a width of 109 feet, a depth of
300 feet, and an area of 32,893 square feet. The lots are logically shaped and no unusual physical
constraints exist. Staff recommended preliminary plat approval conditioned upon: Final Plat
approval and Subdivision Dedication.
Member Maetzold asked how the City can ensure the existing house would be moved, remodeled
or razed if the subdivision is granted. Planner Larsen responded the City would not issue a building
permit until both lots comply with setback requirements.
MinuteslEdina City CouncillMav 19.1997
Member Kelly asked if a deed restriction would be used to make sure buyers are aware of the need
to move, remodel or raze the existing house. Attorney Gilligan responded that the City would not
use a deed restriction, but the buyer of the new lot would have an encroachment and if the two lot
owners could not settle the issue between themselves relief through the courts would be their
alternative.
Member Faust noted the comment from the Planning Commission that the subject property has
. two “For Sale” signs on it.
Lori Baron, 2018 Reading Street, Wayzata, the proponent, was present and explained the two “For
Sale” signs on the property are from the person selling the land to her. She pointed out the City can
refuse to grant Final Plat if she does not make the two lots comply with our ordinances.
Mayor Smith noted a letter received from Gordon and Leone Lindberg opposing the proposed
subdivision.
Member Faust introduced the following resolution and moved its adoption:
RESOLUTION
GRANTING PRELIMINARY PLAT
APPROVAL TO DOEPKES DIVISION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled, “DOEPKES DIVISION”, platted by Lori Baron, and presented at the regular
meeting of the City Council on May 19, 1997, be and is hereby granted preliminary plat
approval with two conditions: Final Plat approval, and Subdivision Dedication.
Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
ORDINANCE NO.1997-7 ADOPTED EXTENDING TELECOMMUNICATION ANTENNA
MORATORIUM Planner Larsen explained because of the time table with the existing
telecommunication antenna moratorium, staff is asking Council to extend the moratorium an
additional ninety days. This will allow the City to hire a consultant to analyze our proposed
ordinance. Planner Larsen stated he met with an engineer with no connection to the
telecommunication carriers, and who has agreed to review our ordinance and meet with the
Council. The engineer needs two weeks for his ordinance analysis.
Mayor Smith directed staff to find dates the consultant is available then poll the Council to find an
acceptable meeting date.
Member Hovland made a motion granting first reading and waiving second reading of
Ordinance No. 1997-7 as follows:
ORDINANCE NO. 1997-7
AN ORDINANCE EXTENDING A MORATORIUM ON
ISSUANCE OF PERMITS FOR ERECTION, CONSTRUCTION,
RELOCATION OR PLACEMENT OF TOWERS AS DEFINED
IN SECTION 815.02 OF THE EDINA CITY CODE
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section I. Extension. The moratorium on the granting of any permits, for the
construction, erection or relocation of any tower, as defined in Section 815.02 of the Edina
City Code, contained in Section 2 of Ordinance No. 1997-3 shall be extended to 180 days
from the effective date of Ordinance No. 19973.
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Minutes/Edina City CounciVMav 19.1997
Section 2. Effective Date. This ordinance shall be in full force and effect on, and the
effective date of this ordinance shall be, May 20 1997.
Attest:
Mayor
I
Member Maetzold seconded the motion
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
ORDINANCE NO. 1997-4 AMENDING SECTION 1325. SALE OF TOBACCO: LICENSING
ADOPTED Affidavits of Notice were presented, approved and ordered placed on file.
Sanitarian Velde explained changes made to the proposed ordinance:
Replaced “tobacco product” with “tobacco” as defined in current City Code
Effective date for current licensees is August 18, 1997
Effective date for new licensees will be immediately
0
Mayor Smith asked Sanitarian Velde to thank Scott Johnson’s class for bringing the issue to the
Council. He thanked Joann Blatchley, Chair of the Community Health Advisory Committee and
Kathy lverson, Edina Chemical Health Coordinator.
Member Kelly made a motion granting first reading and waiving second reading of
Ordinance No. 1997-4 as follows:
ORDINANCE NO. 1997-4
AN ORDINANCE AMENDING SECTION 1325
PROHIBITING CERTAIN DISPLAYS AND
SALES OF TOBACCO
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
adding a new Subd. 3 as follows:
SECTION I. Subsection 1325.05 of Section 1325 of the City Code is amended by
“Subd. 3 Self-Service Merchandising. No person shall sell any tobacco by any means
whereby the customer may have access to such items without having to request
assistance from an employee of the licensed premises. All tobacco shall be stored or
displayed behind a sales counter or in other rooms or display areas which are not
freely accessible to customers. Provided, however, the requirements of this Subd. 3
shall not apply to establishments which prohibit persons under 18 years of age from
entering the establishment unless accompanied by a parent or legal guardian and a
notice advising of the prohibition is conspicuously displayed at all entrances to the
establishment.”
SECTION 2. This ordinance is in full force and effect upon passage and publication
however, those facilities presently licensed must comply with this provision by not later
than August 18,1997.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
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MinuteslEdina City CouncillMav 19.1997
*BID AWARDED FOR AQUATIC WEED & ALGAE TREATMENT OF CITY LAKES AND PONDS
Motion by Member Maetzold and seconded by Member Faust for award of bid for the
treatment of aquatic weeds and algae on 33 lakes and ponds in the City to recommended
low bidder Lake Restoration, Inc. at $1 9,471 -00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR COIN OPERATED LOCKERS AT EDINBOROUGH PARK Motion made
by Member Maetzold and seconded by Member Faust for award of bid for purchase of 62
stainless steel coin operated lockers at Edinborough Park to recommended low bidder,
American Locker Company at $1 9,281 .OO.
Motion carried on rollcall vote - five ayes.
*TRAFFIC SAFETY REPORT OF MAY 6. 1997 APROVED Motion of Member Maetzold,
seconded by Member Faust approving the following actions recommended in Section A of
the May 6,1997 Traffic Safety Report:
I. Placing a “School Advance” sign (Sl-I) with “20 mph” on it, on the right side of the
northlsouth leg of School Road just before it curves to the east;
2. Repainting striping and lane designations of traffic lanes from south of Vernon
Avenuellnterlachen Boulevard intersection to Gus Young Lane;
3. Removal of all “NO Parking Anytime” signs on the 7100 block of Lynmar Lane;
4. Change the location of the “Stop” sign from westbound W. 63rd Street to northbound
Warren Avenue, Also the addition of a “Stop” sign on the westbound W. 63d Street at
Wyman Avenue; and
5. to acknowledge Sections B and C. I Motion carried on rollcall vote - five ayes.
HENNEPIN COUNTY COOPERATIVE AGREEMENT FOR WEST 6STH STREET FROM FRANCE
AVENUE TO YORK AVENUE Member Hovland asked what per cent of the storm water utility fund
is being used for the storm sewer portion of the West 66* Street project. Engineer Hoffman replied
that the project will use almost 100% of the 1997 revenues.
Engineer Hoffman added the cost split for the estimated project total of $1,982,917.00 is as follows:
Federal Aid $554,000.00
County State Aid $546,556.31
Municipal State Aid $568,979.44
Special Assessment & Stormwater Utility Fund $313,381.25
Engineer Hoffman noted in addition to the above contributions NSP will be removing and relocating
its overhead power line system to an underground system for approximately $108,000.00 These
costs will also come from within the Special Assessment portion of the project.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION
WHEREAS, Agreement for participation in the construction of County State Aid
Highway No. 53 between France Avenue and York Avenue, Hennepin County Project No.
9236, Agreement No. 10-11-97, has been prepared and presented to the City; and
WHEREAS, Plans for Hennepin County Project No. 9236 showing proposed
alignment, profiles, grades and cross sections for the reconstruction of County Sate Aid
Highway No. 53, within the limits of the City of Edina, as a State Aid Project, have been
prepared and presented to the City.
I
NOW, THEREFORE, BE IT RESOLVED that said Agreement be in all things approved.
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MinuteslEdina Citv CounciVMav 19.1997
BE IT FURTHER RESOLVED, that the Mayor and City Manager are authorized to sign
Adopted this 1gth day of May, 1997. Member Maetzold seconded the motion.
Agreement No. PW IO4 1-97, Hennepin County Project No. 9236.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
1998 RECYCLING CONTRACT DISCUSSED Sanitarian Velde reported the Recycling and Solid
Waste Advisory Committee has been looking at options for the City to pursue when its present
recycling contract with Browning Ferris Industries expires at year end.
Sanitarian Velde informed Council the Commission recommends the City contract citywide with one
recycling contractor for recycling collection. This method gives the most control over what products
are recycled, improves the participation by assuring that each and every household has recycling
pickup and provides better consistency in data collection.
Sanitarian Velde noted available options:
0
0
0
Renew the contract with Browning Ferris Industries
Advertise and let a new contract
Change the City Code to require individual haulers to pick up recyclables * * Two of four licensed haulers oppose this option
Requires a six month lead time
Council briefly discussed the alternatives available for recycling and directed staff to pursue one
hauler with estimated costs of garageside versus curbside pickup to be presented at a future
meeting.
APPOINTMENT MADE TO ART CENTER BOARD City Manager Rosland reported one vacancy
exists on the Edina Art Center Committee and staff is submitting Mike Kelly's name for
appointment to the Committee. Member Hovland made a motion appointing Mike Kelly to the
Art Center Committee. Member Maetzold seconded the motion
I
Ayes: Faust, Hovland, Maetzold, Smith
Abstaining: Kelly
Motion carried.
TRAIL AGREEMENT WITH BLOOMINGTON APPROVED Engineer Hoffman explained the
proposed agreement will cover the placement of the pedestrian bridge and trail between W. 78'h
Street and the corporate boundary of Edina and Bloomington. He noted this will complete the
continuation of the Braemar Trail System.
During the latest construction of the Braemar Golf Course Expansion the southern portion of the
Braemar Trail was severed. The proposed path will be located along the southerly side of Nine Mile
Creek and north of West 78th Street within the corporate limits of the City of Bloomington. The trail
location is because of wetland conditions existing in the area along Nine Mile Creek and a lack of
upland property on the south line of Braemar Golf Course.
The proposed pedestrian bridge and trail will connect the easterly Braemar Trail to the existing
sidewalk located on the north side of West 78th Street and West Bush Lake Road.
Council briefly discussed the proposed trail. Questions were raised regarding funding and whether
or not the Braemar frontage road when built will interfere with this trail. Mayor Smith noted when
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MinuteslEdina City CouncillMav 19.4997
the addition to Braemar was constructed the City promised to complete this trail. Member
Maetzold made a motion introducing the following resolution and moving its adoption:
RESOLUTION
WHEREAS, the City of Edina is desirous of completing the Braemar Trail System, and
WHEREAS, the proposed pedestrian bridge and trail is the final link in the Braemar
Trail System.
NOW, THEREFORE, BE IT RESOLVED, by the Edina City Council that the Mayor and
City Manager are hereby authorized to enter into an agreement with the City of Bloomington
for the placement of a pedestrian bridge and trail between W. 78'h Street and the corporate
boundary of Edina and Bloomington.
Passed and adopted this 1gth day of May, 1997. Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
REZONING OF 5229 EDEN AVENUE INITIATED City Planner Larsen explained the property at
5229 Eden Avenue is currently zoned Planned Industrial District. Staff is recommending that the
property be rezoned to R-I while the City considers various uses for redevelopment of this
property. The Zoning Ordinance provides for the R-I zoning to be used as a holding or open
development area. Planner Larsen noted staff believes the current PID zoning is inappropriate and
inconsistent with past planning efforts and redevelopment plans approved for this property.
Rezoning the property R-I would be appropriate as the City goes forward through additional
redevelopment planning. He concluded that if Council concurs with staff's recommendation the
next step would be to refer the rezoning of the property to the Planning Commission.
I Member Kelly made a motion referring the rezoning from its current PID to R-I, for the
property located at 5229 Eden Avenue to the Edina Planning Commission. Member Faust
seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
RESOLUTION ADOPTED AUTHORIZING EXPENDITURE OF STATE AID FUNDS FOR WEST
66TH STREET IMPROVEMENT PROJECT Member Hovland noted the staff recommendation for
spending up to $650,000 of state aid funds for the West 66" Street project. He asked what
percentage of our state aid funds this represents. Engineer Hoffman answered the City annually
receives approximately $1,000,000 in state aid funds and has a fund balance of about $2,500,000.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION
WHEREAS, it has been deemed advisable and necessary for the City of Edina to
participate in the cost of a construction project located on C.S.A.H. No. 53 within the limits
of said municipality, and
WHEREAS, said construction project has been approved by the Commissioner of
transportation and identified in his records as S.A.P. No. 120-020-32.
NOW, THEREFORE, BE IT RESOLVED that the City of Edina does hereby appropriate
from its Municipal State Aid Streets Funds the sum of $650,000.00 dollars to apply towards
the construction of said project and hereby request the Commissioner of Transportation to
approve this authorization. Member Maetzold seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
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MinutedEdina Citv CouncWMav 19.1997
*PETITION RECEIVED FOR SANITARY SEWER MAIN, 5311 EVANSWOOD LANE Motion of
Member Maetzold, seconded by Member Faust to receive the petition for sanitary sewer
main for 5311 Evanswood Lane and to refer the petition to engineering for processing as to
feasibility. 4 Motion carried on a rollcall vote - five ayes.
BRAEWOOD PARK PROPERTY CONDEMNATION REPORT Manager Rosland informed the
Council the City received notice of condemnation proceedings filed by the State of Minnesota on a
piece of property the City owns in the southwest corner of the 1-494 and TH I69 interchange. The
City bought the property a few years ago from the Regional Transit Commission. The State is
currently interested is purchasing the property, however, negotiations have stalled. Manager
Rosland assured Council he believes there will be a positive outcome in this matter and he will
keep Council informed as it moves along.
BUDGET CALENDAR DATES REVIEWED Manager Rosland suggested potential dates for the
Council to meet and review budget assumptions and to hold budget hearings as follows:
0 June 16, 1997, Budget Assumptions at 500 p.m.
0 July 7, 1997, Budget Assumption at 500 p.m.
0 August 13, 1997 Budget hearing at 500 p.m.
0 August 20, 1997 Budget hearing at 5:OO p.m.
Mayor Smith left the meeting at 8:45 p.m.
CLAIMS PAID Member Maetzold made a motion to approve payment of the following claims
as shown in detail on the check Register dated May 14, 1997, and consisting of 32 pages:
General Fund $285,477.45; Communications $107.25; Working Capital $9,382.1 I; Art Center
$6,899.73; Swimming Pool Fund $1,213.16; Golf Course Fund $99,228.49; Ice Arena Fund
$8,955.86; Gun Range Fund $441.44; EdinboroughKentennial Lakes $1 8,673.08; Utility Fund
$70,363.43; Storm Sewer Utility Fund $4,391.17; Recycling $42,082.89; Liquor Dispensary
Fund $1 77,841.64; Construction Fund $30431 6.99; Park Bond Fund $768,936.84; 1-494
Commission $43.40; TOTAL $1,798,554.93 and for confirmation of payment of the following
claims as shown in detail on the check register dated May 8, 1997 and consisting of 4
pages: General Fund $2,551,687.99; Working Capital $476.1 7; Art Center $3,750.00; Golf
Course Fund $24,171.16; Ice Arena Fund $23.09; Gun Range Fund $31.93;
EdinboroughlCentennial Lake $927.05; Utility Fund $1 39.21 ; Liquor Dispensary Fund
$77,689.71; Construction Fund $1 5,017.79; Park Bond Fund $64.00, 1-494 Commission
$12,616.82; TOTAL $2,686,594.92. Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Pro Tem Maetzold declared the
meeting adjourned at 9:00 P.M.
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