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HomeMy WebLinkAbout19971006_regularMINUTES OF THE REGULAR MEETING OF THE EDlNA CITY COUNCIL HELD AT CITY HALL OCTOBER 6,1997 - 7100 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 Hovland to approve and adopt the Consent Agenda as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. *MINUTES OF THE REGULAR MEETING OF SEPTEMBER 15. 1997. APPROVED Motion made by Member Maetzold and seconded by Member Hovland for approving the Minutes of the Regular Meeting of September 15,1997. Motion carried on rollcall vote - five ayes. PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS: ASSESSMENTS LEVIED Affidavits of Notice were presented, approved and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as recorded on the following proposed assessments: I. STREET IMPROVEMENT NO. A-‘l79 Location: Cooper Avenue, Cooper Circle, Spur Road, Circle East and Circle West Analysis of assessment for Improvement No. A-179 showed a total construction cost of $1 14,492.35 proposed to be assessed against 7 Lots at $1,595.89 per lot and 56 lots at $1,845.02 per lot. Engineer Hoffman noted receipt of a fax from the property owner of 5 Cooper Avenue requesting a delay of the assessment so City staff can investigate the surface condition that has appeared on Cooper Avenue. Engineer Hoffman stated the project was approved and reconstruction occurred in 1996. In the spring of 1997, some surface deterioration was apparent after spring street sweeping, Initially, staff believed the problem was with the asphalt product. Engineer Hoffman explained after investigating other new pavements done in 1996, it was discovered that a new snow/ice control maintenance practice likely was the reason for the surface deterioration on Cooper Avenue. He added the City was trying a new abrasive material called “Met Sand” thought to reduce hazardous winter driving conditions caused by ice and snow. Staff applied “Met Sand” on higher volume streets in a greater rate than other streets. Engineer Hoffman reported Braun lntertec has performed a structural analysis of Cooper Avenue this summer and their results indicate a structural rating of approximately nine tons per axle exceeding the City goal of seven tons per axle. Therefore, staff‘s position is that if remedial surface overlay is necessary in the future, the City Public Works’ budget would handle the cost of the overlay. Public Comment Mark Maclejewski, 6 Orchard Lane, stated he moved in last year. He wondered if the Council was aware that Orchard Lane was being assessed. Mr. Maclejewski bought his property July 12, 1996 and no pending assessments were shown on his assessment searches. Mr. Maclejewski objected to I the length of time elapsed between when the project was ordered, constructed and assessed. Page 1 MinuteslEdina City CouncillOctober 6.1997 Ronda Altom, 5 Orchard Lane said she had been assured by the project manager her property would not be assessed. However, now she has been informed that Orchard Lane is in the assessment area. Ms. Altom questioned why the conflicting information was given. Carl Gulbronson, 5 Cooper Avenue, noted as a user he is pleased with the road and the lowered speed limit, but has several concerns including: when was the first improvement notice sent, what date was work approved, who was the contractor and what other jobs in Edina has the contractor done, what specifications were used, and requested an independent engineer's opinion on the expected life of the road. Dave Middlecamp, I Circle West expressed concern about the degradation showing on Cooper Avenue . Tom Thacher, 12 Cooper Avenue, stated his objection to the curbs' quality throughout the project area. Engineer Hoffman explained the Hilldale area did not have curb before the improvement and in response to the residents the City reconstructed the streets with exactly the same type of curb or no curb as had previously existed. Council briefly discussed the residents' concerns and consensus was to direct staff to investigate the issues, work with the residents and to continue the hearing to a later meeting. Member Hoviand moved, seconded by Member Kelly to continue consideration of the special assessment for Street improvement A479 to the November 3,1997 City Council Meeting. Rollcall: Ayes: Faust, Kelly, Hovland, Maetzold, Smith Motion carried. 2. STREET IMPROVEMENT WITH CURB & GUITER NO. BA-31 'I Location: York Avenue (West of 66" Street to West 69" Street) Analysis of assessment for Improvement No. BA-311 showed a total construction cost of $315,150.55 with State Aid Reimbursement of $191,177.75 leaving $123,972.80 proposed to be assessed against 12 parcels containing 3,099.32 assessable feet at $40.00 per foot. Engineer Hoffman stated this is the special assessment portion of the Hennepin County job on York Avenue (County State Aid Highway 31). The proposed rate and estimated rate are the same. Assessment to be spread over ten years. Motion of Member Maetzold, seconded by Member Kelly approving the assessment of Improvement No. BA-31 I as proposed. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. (Assessment levied by resolution later in Minutes.) 3. CURB AND GUTTER IMPROVEMENT NO. B-93 Location: 4520 Dunham Drive and 7120 West Shore Drive. Analysis of assessment for Improvement No. B-93 showed a total construction cost of $4,859.90 proposed to be assessed against the two properties that petitioned the improvement. Assessment to be spread over ten years. Member Faust moved, seconded by Member Maetzold to approve the assessment of Improvement No. 8-93 as proposed. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. (Assessment levied by resolution later in Minutes.) 4. CURB AND GUTTER IMPROVEMENT NO. B-94 Location: 4600 Townes Road Page 2 MinuteslEdina City CouncillOctober 6, 1997 Analysis of assessment for Improvement No. B-94 showed a total construction cost of $3,071.00 proposed to be assessed against the property that petitioned the improvement. Assessment to be spread over ten years. Member Hovland moved, seconded by Member Maetzold to approve the assessment of Improvement No. B-94 as proposed. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. (Assessment levied by resolution later in Minutes.) 4. SANITARY SEWER IMPROVEMENT NO. SS-389 Location: 531 I Evanswood Lane Analysis of assessment for Improvement No. SS-389 showed a total construction cost of $1 1,765.20 proposed to be assessed against the property that petitioned the improvement. Assessment to be spread over ten years. Member Faust moved, seconded by Member Maetzold to approve the assessment of Improvement No. SS-389 as proposed. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. (Assessment levied by resolution later in Minutes.) 5. STREET LIGHTING IMPROVEMENT NO. L-39 Location: Shaughnessy Road between 5908 West 78th Street and 7732 Shaughnessy Road. Analysis of assessment for Improvement No. L-39 showed a total construction cost of $538.08 proposed to be assessed against the properties that petitioned the improvement. Assessment to be spread over one year. Member Hovland moved, seconded by Member Faust to approve the assessment of Improvement No. L-39 as proposed. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. (Assessment levied by resolution later in Minutes.) 6. MAINTENANCE IMPROVEMENT NO. M-97 Location: 50th and France Business District Analysis of Assessment for Maintenance Improvement No. M-97 showed a total maintenance cost of $69,139.49 proposed to be assessed against 324,294 assessable square feet at $.02132 per square foot. One year assessment payable in 1998. No oral objections were heard and no written objections were received prior hereto. Motion by Member Maetzold, seconded by Member Faust approving the assessment of Improvement No. M-97 as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. (Assessment levied by resolution later in Minutes.) 7. AQUATIC WEEDS IMPROVEMENT NO. AQ-97 Location: lndianhead Lake Analysis of Assessment for Aquatic Weeds Improvement No. AQ-97 for lndianhead Lake showed a total cost of $9,027.15 proposed to be assessed against 31 homes at $273.55 per home. One year assessment payable in 1997. Analysis of Assessment for Aquatic Weeds Improvement No. AQ-97 for Arrowhead Lake showed a total cost of $7,402.1 5 proposed to be assessed against 35 homes at $21 1.49 per home. One year assessment payable in 1997. No oral objections were heard and no written objections were received prior hereto. Motion by Member Maetzold, seconded by Member Hovland approving the assessment of Improvement No. AQ-97 as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Location: Arrowhead Lake I Page 3 MinuteslEdina Citv CouncillOctober 6.1997 Motion carried. (Assessment levied by resolution later in Minutes.) 8. TREE TRIMMING IMPROVEMENT NO. TT-97 Location: Various locations in the area bounded by Highway 100 one the east, Highway 169 on the west, Vernon Avenue on the north and Highway 62 on the south. A total of 159 trees were trimmed; I I9 large trees and 40 small trees for a total cost to be assessed against the 117 parcels totaling $8,257.41. Motion by Member Maetzold, seconded by Member Faust approving the assessment of Improvement No. TT-97 as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. (Assessment levied by resolution later in Minutes.) Following the presentation of analysis of assessments and approval, Member Maetzold introduced the following resolution and moved adoption: RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS AND PROJECTS WHEREAS, pursuant to proper notice duly given as required by law, the Edina City Council has met and heard and passed upon all written and oral objections to the proposed assessments for the improvements listed below: Street Improvement w/curb & gutter No. BA-31 I Curb & gutter Improvement No. BA-93 Curb & gutter Improvement No. BA-94 Sanitary Sewer Improvement No. SS-389 Street Lighting Improvement No. L-39 Maintenance Improvement No. M-97 Aquatic Weeds Improvement No. AQ-97 Tree Trimming Improvement No. TT-97 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Each assessment as set forth in the assessment rolls on file in the office of the City Clerk for each aforementioned improvement is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found be benefited by the improvement in the amount of the assessment levied against it. 2. The assessments shall be payable in equal installments, the first of said installments, together with interest at a rate of 7.5 percent per annum, on the entire assessment from the date hereof to December 31, 1998, to be payable with the general taxes for the year 1998. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. The number of such annual installments shall be as follows: NAME OF IMPROVEMENT NO. INSTALLMENTS Street lmprovement wlcurb & gutter No. BA-311 Levy No. 14141 Curb & gutter Improvement No. BA-93 Levy No. 14142 Curb & gutter Improvement No. BA-94 Levy No. 14143 Sanitary Sewer Improvement No. SS-389 Levy No. 14144 Street Lighting Improvement N0.L-39 Levy No. 14138 Maintenance Improvement No. M-97 Levy No. 14133 Aquatic Weeds Improvement No. AQ-96 Levy No. 14137 Tree Trimming Improvement No. TT-97 Levy No. 14136 I. IO years IO years IO years IO years 1 year 1 year I year 1 year 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; Page 4 MinuteslEdina City CouncillOctober 6.1997 and they may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Motion for adoption of the resolution seconded by Member Hovland. Adopted this 6th day of October 1997. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Resolution adopted. *FINAL DEVELOPMENT PLAN FOR 391 7-3929 WEST 50TH STREET (EDINA PROPERTIES) CONTINUED TO OCTOBER 20. 1997 Motion made by Member Maetzold and seconded by Member Hovland to continue the Final Development Plan for 3917-3929 West 50th Street, Edina Properties, to October 20,1997. Motion carried on rollcall vote. *HEARING DATE OF OCTOBER 20. 1997. SET FOR PLANNING MATTERS Motion made by Member Maetzold and seconded by Member Hovland setting October 20,1997, as hearing date for the following planning matters: I. Preliminary Rezoning Approval for Normandale Golf, Inc., and City of Edina, and 2. Preliminary Plat Approval for Normandale Golf, Inc. and City of Edina. Motion carried on rollcall vote - five ayes. FINAL PLAT APPROVED FOR OLDE VERNON. PHASE II. CHARLES CUDD COMPANY Affidavits of Notice were presented, approved and ordered placed on file. Planner Larsen stated on April 21, 1997, the City Council gave final approval to this 26 unit development, and approved the Final Plat for Phase I, which included I1 units on the easterly portion of the site. The proponents are now requesting approval of Phase Ills Final Plat which comprises an additional 12 units. Three units remain in the far westerly portion of the property that will be the third and final phase of the approved development. He added the Final Plat for Olde Vernon Second Additional conforms to all requirements of the Zoning and Subdivision Ordinances and the overall Preliminary Plat as approved in April. Member Faust commented she had received several complaints regarding grading. Member Faust walked the site and met with Planner Larsen and Engineer Hoffman. She stated the Charles Cudd representative was very helpful. Member Hovland introduced the following resolution and moved its approval: RESOLUTION APPROVING FINAL PLAT FOR THE OLDE VERNON ADDITION SECOND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, “OLDE VERNON, platted by the Charles Cudd Companies, a Minnesota corporation and presented at the regular meeting of the City Council on October 6, 1997, be and is hereby granted final plat approval. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Resolution adopted. Page 5 MinuteslEdina City CouncillOctober 6,1997 *BID AWARDED FOR CARPENTRY LABOR FOR MEDIA LAB Motion made by Member Maetzold and seconded by Member Hovland for award of bid for carpentry labor for the Peggy Kelly Media Lab at the Edina Art Center to recommended low bidder, Richard Wilson Builders, Inc., at $1 8,900.00. I Motion carried on rollcall vote - five ayes. AWARD OF BID FOR 1998-'99 RECYCLING CONTRACT Sanitarian Velde informed Council at the May 15, 1997, Recycling Commission meeting, staff presented several options to the Commission for consideration regarding the 1998 Citywide Household Recycling contract. The present contract with Browning Ferris Industries expires December 31 , 1997. Options considered at the May 15, 1997, meeting were: 0 Renegotiate With BFI 0 0 Develop Bid Specifications and Let Bids Require Residential Haulers to Collect Recyclables From Their Customers Recommendations from the Recycling Commission: 0 Citywide Household Recycling Contract With One Provider would: 0 Ensures Recycling Service to Every Household 0 City Controls Which Items are Recycled 0 Provides Better Data for Reporting Purposes Analysis of Bids for 1998: BROWNING FERRIS INDUSTRIES 0 Lowest Bidder: $2.35 per bin by house/garage $2.20 per bin by curbheturned to houselgarage $2.05 per bin for curbside pickup $ .08 boxboard 0 Complete Source Separation 0 Highest Bidder WASTE MANAGEMENT $3.65 per bin by house/garage NO BID for bin by curb returned to house/garage $2.45 per bin for curbside pickup $ .IO boxboard 0 Allows Commingling of Glass, Cans and Plastic Bottles Annual Contract Cost for 1998: 0 Base Bid (bin by house/garage) 0 Alternate I (bin by curb returned to house/garage) 0 Alternate 2 (curbside pickup) 0 Boxboard (four C's) 0 Base Bid (bin by house/garage) 0 Alternate 1 (bin by curb returned to house/garage) 0 Alternate 2 (curbside pickup) 0 Boxboard (four C's) BROWNING FERRIS INDUSTRIES WASTE MANAGEMENT $399,340 $373,850 $348,361 $ 13,595 $620,252 No Bid $41 6,333 $16,993 Page 6 I999 Bid Tabulation: El BROWNING FERRIS INDUSTRIES 0 Base Bid (bin by house/garage) 0 Alternate 1 (bin by curb returned to house/garage) 0 Alternate 2 (curbside pickup) 0 Boxboard (four C’s) 0 Base Bid (bin by house/garage) 0 Alternate 1 (bin by curb returned to house/garage) 0 Alternate 2 (curbside pickup) 0 Boxboard (four C’s) WASTE MANAGEMENT Annual Contract Cost for 1999: 0 Base Bid (bin by house/garage) 0 Alternate I (bin by curb returned to house/garage) 0 Alternate 2 (curbside pickup) 0 Boxboard (four C’s) 0 Base Bid (bin by house/garage) 0 Alternate I (bin by curb returned to house/garage) 0 Alternate 2 (curbside pickup) 0 Boxboard (four C’s) 0 BROWNING FERRIS INDUSTRIES 0 WASTE MANAGEMENT $ 2.42 $ 2.26 $ 2.11 $ -08 $ 3.76 No Bid $ 2.52 $ .IO $41 1,235 $384,446 $358,556 $ 13,595 $638,944 No Bid $428,229 $ 16,993 Recycling Commission Recommendation: 0 Award Contract to Browning Ferris Industries at $2.14 per month per household 0 Curbside collection at $2.05 0 Boxboard collection at $ 0.08 0 Cost Savings of $0.26 per month per household over current contract 0 Annual Reduction in Contract Cost of $49,280 for 1998 Member Maetzold made a motion for award of bid for the 1998-’99 Recycling Contract to recommended low bidder, Browning Ferris Industries base bid at garageside for $2.35 per household per month plus $.08 per household per month additional for boxboard (the four C’s - cereal, cake, chip and cracker boxes) or a total of $2.43 per month per household. Member Faust seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. Motion made by Member Maetzold and seconded by Member Hovland for award of bid for lumber for framing of the Peggy Kelly Media Lab at the Edina Art Center to recommended low bidder, Justus Lumber at $1 6,803.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR WINDOWS FOR THE ART CENTER MEDIA LAB Motion made by Member Maetzold and seconded by Member Hovland for award of bid for windows for the Peggy Kelly Media Lab at the Edina Art Center to recommended low bidder, Justus Lumber at $1 6,546.61. Motion carried on rollcall vote - five ayes. MinuteslEdina City CouncillOctober 6.1997 PRESENTATION GIVEN BY ABC DIRECTOR Noa Hurley, Executive Director of the Edina A Better Chance (ABC) organization introduced John Coy a Sophomore from Santa Ana, California and Amber Childress a Senior from Oakland, California. The students gave personal overviews of how they were personally benefiting from involvement in the ABC program and encouraged the public and the City to continue active involvement in the extremely important work they are providing. Ms. Hurley thanked the City for their support and asked for help to set up a “task force” specifically for fund raising for the organization. *HEARING DATE SET FOR 1997 TREE REMOVAL ASSESSMENT Motion made by Member Maetzold and seconded by Member Hovland setting November 3, 1997, as hearing date for 1997 tree removal assessment. Motion carried on rollcall vote - five ayes. *HEARING DATE SET FOR WINE AND BEER LICENSE FEES FOR 1998 Motion made by Member Maetzold and seconded by Member Hovland setting November 17, 1997, as hearing date to consider increasing wine and beer license fees for 1998. Motion carried on rollcall vote - five ayes. *1998-99 TEAMSTERS LOCAL 320 CONTRACT FOR PUBLIC SAFETY DISPATCHERS APPROVED Motion made by Member Maetzold and seconded by Member Hovland approving the 1998-99 Teamsters Local 320 Contract for Public Safety Dispatchers as: WAGES: January 1,1998, a three percent (3%) increase 0 January I, 1999, a three percent (3%) increase over the 1998 wage rates INSURANCE: 0 Effective January 1; 1998, - $10.00 above what other City groups receive in .. order to make this bargaining unit equal with the rest of the City employees 0 January I, I999 - $10.00 increase If the 1999 premium increase is greater than 25% - they would reopen the insurance issue Motion carried on rollcall vote - five ayes. NINE MILE CREEK WATERSHED DISTRICT ADVISORY COMMITTEE APPOINTEES REQUESTED Manager Rosland noted a letter dated August 25, 1997, was received from the Board of Managers of the Nine-Mile Creek Watershed District requesting names of interested persons to possibly be appointed to the Advisory Committee of the District. He requested names of interested persons be submitted to him or Mayor Smith for submission to the Board of Managers. REVISIONS TO THE DONATlONlSPONSORSHlP POLICY APPROVED Director Keprios explained the staff has reviewed the existing Donations/Sponsorship policy as directed by Council at their September 15, 1997 meeting and recommends Council abolish the existing policy. This would allow staff greater flexibility in seeking alternate funding through donations, sponsorships and advertising while keeping with the City’s traditions, philosophy and ordinances. Advertising would need to meet the following requirements: 0 All signs must be in compliance with existing sign ordinance requirements Donations, sponsorships or advertising may not promote liquor, tobacco, gambling or other socially controversial products, organizations, subject matter or services The City Manager shall determine the appropriateness of each donation. sponsorship or advertising request I After a two year trial period, staff will review the policy and suggest revisions if necessary. Page 8 MinuteslEdina Citv CouncillOctober 6. 1997 Council briefly discussed the proposed policy and consensus was to adopt the policy as suggested. Member Kelly made a motion to I) abolish the existing Donation/Sponsorship Policy allowing for more flexibility to secure alternating funding through donations, sponsorships and advertising, 2) permit the City Manager to qualify and approve all requests, 3) new donations in excess of $5,000 from one supplier or donations at a new location will be placed on the Council Consent Agenda for approval; and 4) that the revised policy will be reviewed in two years. Member Maetzold seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. CLAIMS PAID Member Maetzold made a motion to approve payment of the following claims as shown in detail on the Check Register dated October I, 1997, and consisting of 46 pages: General Fund $472,747.13; C.D.B.G. $2,070.00; Communications $26,906.84; Working Capital $45,952.70; Art Center $16,622.01; Swimming Pool Fund $2,519.05; Golf Course Fund $35,031.33; Ice Arena Fund $17,142.19; Gun Range Fund $57.95; Edinborough/Centennial Lakes $43,212.34; Utility Fund $385,772.67; Storm Sewer Utility Fund $24,712.00; Liquor Dispensary Fund $265,576.01 ; Construction Fund $1 0,868.99; Park Bond Fund $249,045.03; TOTAL $1,598,236.24. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. There being no further business on the Council Agenda, Mayor Smith declared the meeting Page 9