HomeMy WebLinkAbout19980420_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
APRIL 20,1998 - 200 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 with the
exception of Agenda Item 1II.A. Set Public Hearing Date (5/4/98) Conditional Use Permit,
Christ Presbyterian Church Expansion.
Rollcall:
Ayes: Faust, HovIand, Kelly, Maetzold, Smith
Motion carried.
-.
APRIL 24,1998 PROCLAIMED AS ARBOR DAY Mayor Smith proclaimed April 23,1998, as
Arbor Day in the City of Edina. In 1872, J. Sterling Morton of Nebraska, proposed a special day
be set aside for the planting of trees. Arbor Day is now observed throughout the nation and the
world. Trees are a valuable resource, purifying air, conserving soil and energy, providing
wildlife habitat, and enriching our lives in important ways. Mayor Smith called upon the citizens
of Edina to plant trees now for pleasure and for the pleasure of future generations.
“MINUTES OF THE REGULAR MEETING OF APRIL 6, 1998, SPECIAL MEETING OF
APRIL 6, AND BOARD OF REVIEW MINUTES OF APRIL 13,1998, APPROVED Motion
made by Member Maetzold and seconded by Member Hovland approving the Minutes of the
Regular Meeting of April 6,1998, Special Meeting of April 6, 1998, and Board of Review
Minutes of April 13,1998.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARING CONTINUED CONCRETE SIDEWALK IMPROVEMENT NO 5-75
JMAPLE ROAD) UNTIL TUNE 1, 1998 Affidavits of Notice were presented, approved and
ordered placed on file.
Engineer’s Presentation
Engineer Hoffman explained the City received a petition from residents requesting sidewalks on
Maple Road June 6,1997. Engineer Hoffman noted the considerations for this project included:
traffic issues related to the street being the southerly access to the neighborhood for 130 homes,
cut through traffic from the nearby freeway, and traffic avoiding 50* Street. In addition, Maple
Road is lined with mature trees and has over 55 children from newborn to 17 years old living in
the neighborhood. Neighborhood traffic counts conducted between April 9 and April 15,1998
indicated 650 to 998 car trips per day for the 4900 block of Maple Road and 367 to 635 car trips
per day for the 4800 block of Maple Road. Research has indicated that residents become
uncomfortable with safety issues when trips are between 500 and 1,000 per day. Engineer
Hoffman added that staff felt the volume of traffic along Maple Road justifies separating
pedestrian and vehicular traffic. I
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MinutesEdha CitVCouncil/April20,1998
Member Maekold pointed out that any traffic restrictions would apply to neighborhood
residents as well as cut through traffic.
Member Faust asked if Maple Road traffic has increased sigruficantly more than other City
streets. Engineer Hoffman replied that traffic counts conducted between April 9 and 15,1998,
indicated the car trips per day were between 367 at the low end and 998 at the high end.
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Member Hovland asked if there could be coordination of traffic lights at Halifax and France
Avenues. Engineer Hoffman replied this coordination would be part of the project.
Engineer Hoffman introduced Assistant Engineer Houle. Assistant Engineer Houle noted that
staff hosted an informational meeting in January of 1998, and conducted a survey of residents.
The neighborhood also formed an ad hoc committee that requested the public hearing be
deferred for one month. Assistant Engineer Houle noted that many residents had corresponded
with the City to indicate their position on the proposed sidewalk. He reported the following
survey results:
Do sidewalks increase safety?: 18 yes 15 no
Do you support sidewalks?: 13 yes 22 no
Adjacent to roadway 8 yes 24 no
Along property line 9 yes 25 no
Assistant Engineer Houle stated staff would propose construction of five foot sidewalks on both
sides of Maple Road. The sidewalks would be installed at the property line and meander in
alignment to avoid the trees . He presented graphics depicting the neighborhood today and with
sidewalks added. The total cost of the sidewalk improvement is estimated at $79,600 and
proposed to be assessed on a per lot basis at $2,000 per assessable lot. Back yards and side yards
would be assessed at one third of the $2,000 per lot rate.
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Member Hovland asked if there has been any flooding on Maple Road. Assistant Engineer Houle
noted there is a low spot near 4900 Maple Road. Engineer Hoffman added any storm sewer
would be paid for out of the Utility Fund.
Mayor Smith opened the hearing for public comment.
Public Comment
Edward Claire, 4825 Maple Road stated he was against the sidewalk. Mr. Claire voiced his desire
to have the trees left unharmed. He also noted there are drainage issues in the 4800 block of
Maple and adding sidewalk will exacerbate these problems.
Mike Stolee, 4824 Maple Road, said he appreciated the opportunity to learn how the petition
process worked. However, Mr. Stolee felt sidewalk would be too intrusive and dangerous to the
trees on Maple Street. It would bring the public fifteen feet closer to his living room window and
it is also too expensive. Mr. Stolee stated that according to his survey, 68.9% of the residents of
Maple Road oppose the proposed installation of sidewalks. He added that his surveys are, in his
opinion, a petition not to install sidewalk. Mr. Stolee also questioned the legality of the notice
because the published notice stated the estimated project cost to be $79,600, but the mailed notice
stated the estimated cost to be $29,000. Mr. Stolee presented completed resident surveys from the
ad hoc committee to be placed on file.
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MinutesBdina CitvCounciI/April20,1998
Henry Barksdale, 4801 Maple Road, stated he initially signed the petition circulated on Maple
Road because of concern over safety of children. He said this was a common urban comn-tunity
asking for a common urban solution to a problem. Installation of sidewalks could help
neighborhood immediately. The 55 children in the neighborhood are his main concern. Mr.
Barksdale indicated he would trust engineers to take necessary precautions to save the Maple
Road trees.
Barbara Tubman, 4900 Maple Road, observed she had lived on Maple Road since 1981 and raised
three children. Ms. Tubman noted there has always been a large number of children on Maple
Road. She stated, that in her opinion it is the parents‘ responsibility to safeguard their children.
When Ms. Tubman bought her home she knew there were no sidewalks. She does not want to
lose the trees and landscaping. Ms. Tubman urged the Council to address the safety concern in
some other way.
Charlene Witherell, 4932 Maple Road, said she would not mind having left hand turns prohibited
on Maple Road. Ms. Witherell stated that she had no idea until January of 1998 that in June of
1997, neighborhood residents had circulated a petition. Ms. Witherell said she had been a
resident for eighteen years and traffic has always been an issue, although it has increased. She
bought her house knowing there was no sidewdks and believes other issues need investigation
before sidewalks are installed.
Chris Elliot, 4701 West 48th Street, noted he had been a resident since 1983. He said when he
moved in there were no young children, but now there are a number of young children. He has
three children, ages three, seven and ten. Mr. Elliot stated he felt it important for the Council to
know that 88% of the Maple Road residents agree there is a safety issue. Residents also agree the
safety of children is an issue. Mr. Elliot felt $250/year was an insigruficant cost compared to the
safety of a child. He added that sound public policy should take care for the greater good. Mr.
Elliot believed the potential for damage to the trees or that sidewalks would reduce home values
was inconclusive. He stated the demographics of traffic are causing the problems and must be
dealt with soon. Installation of sidewalks appeared to be the only prudent approach with
immediate benefit. Mr. Elliot expressed concern with making public policy decisions based on
aesthetics. Instead there must be a balance of inherent risk versus benefit. He suggested the
Council would be responsible if they vote down the sidewalks and a child is injured.
Jon Andersen, 4804 Maple Road, stated he bought his home because he liked the look of the
street. Mr. Andersen objected to loosing a portion of his front yard and the potential loss of trees.
Mary Wyffels, 4920 Maple Road, noted that the Engineering Department’s survey and that of the
ad hoc committee found the majority of the residents are opposed to the sidewalks. For this
reason, Ms. Wyffels urged the Council not to install sidewalks on Maple Road.
Larry Eastmen, 4928 Maple Road, stated he believed residents opposing the sidewalks were
doing so because of the cost, a material issue. He felt the issue is not a cost issue, but rather a
safety issue. Sidewalks would make the neighborhood a safer place.
Mike Martin, 4905 Maple Road, stated it is parents’ responsibility to take necessary steps to
restrict children’s access to the street in order to keep them safe. Parents and not the City should
bear the burden of safety. Installing sidewalks will not ensure neighborhood safety.
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MinutesEdha CitvCounciI/April20,1998
I KathIeen Godfrey, West 49th Street, stated the safety of children is not the only issue. Ms. Godfrey
stated all pedestrians are at risk on Maple Road. She added there is no place to walk, and
reminded that after a certain age it is unrealistic to think parents can control where their children
walk. Ms. Godfrey urged the Council to install the sidewalks.
Tom Becker, 4828 Maple Road, stated he favored the installation of sidewalks. He wanted a safe
environment for all pedestrians. He agreed the sidewalks are a safety issue, unlike the aesthetic
issue of the trees. Mr. Becker added that trees are only pruned at certain times and he trusted the
staff to be the least disruptive to the trees as possible. Traffic has increased dramatically on
Maple Road. Mi. Becker said he did not realize how busy Maple Road was when he bought his
home. He supported the installation of the sidewalks.
Lisa Holmberg, 4811 Maple Road, said one of the benefits of livhg in Edina is the "Village" feel.
She pointed out the "Growing Small" concept would be increased by installing sidewalks
because it would further the "small town" neighborhood experience. Ms. Hohberg urged the
Council to consider sidewalks for more than just Maple Road, because in her opinion, this is a
bigger issue than just one neighborhood.
Council Discussion:
Mayor Smith noted staff had followed current public policy which waits to install sidewalks until
they are requested. When residents want sidewalks they obtain a petition which is what took
place with the Maple Road residents. Staff then looks at the request on a larger scope: for
instance, the need for curb, gutter, storm sewer, etc., then makes a recommendation based upon
their analysis. The City has had a policy that when sidewalks are installed based upon a petition
from the majority of the residents, the residents are assessed the cost. He acknowledged
residents' concern that they were unaware a petition had been received in June of 1997 until
January 1998, noting the process wilI be reviewed. The Council may decide upon a different
policy regarding the installation of sidewalk. Mayor Smith took issue with residents saying if
sidewalks are not installed and an accident happens responsibility is the Councils. He stated he
would feel bad if anyone was hurt, but stated that responsibility rests with the circumstances of
the incident, not decisions of public policy.
Member Faust observed the proposed sidewalk has generated a great deal of mail. She noted
there are many issues to consider on Maple Road: preservation of mature trees, the proximity of
the proposed sidewalks to the houses, safety of children, traffic and overall pedestrian safety.
However, Member Faust said, in her opinion, you cannot assess for installation of sidewalks
when the majority of residents do not want it.
Member Maetzold stated he favored sidewalks. He believes the situation calls out for sidewalk.
Maple Road is ahnost at a collector level for streets and he can only envision traffic increasing in
the future. The street was not bdt to be a collector. Traffic in all suburban cities is rising because
of congested freeways, more persons are commuting throughout the twin cities. Member
Maetzold said the Maple Road sidewalk is a safety issue of children and other pedestrians, rather
than trees or costs. He reported that he would feel badly if he had not taken this position and a
child were injured. Member Maetzold believes the number of children in the area wilI continue to
increase because in his experience, the number of children has grown dramatically throughout
Edina. Member Maetzold felt that it is a matter of public policy to create a safe environment for
residential neighborhoods and therefore, perhaps some way can be found to assist in the cost of
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MinutesEdina CitvCounciI/April20,1998
installing sidewalks. He stated he did not hear anyone state the Maple Road issue is not a safety
concern.
I, I Member Hovland acknowledged the response of the residents to the proposed sidewalk. He -- commended the neighbors for- their will&gness to participate in the process. Member Hovland
believed the Maple Road sidewalk is not an issue of sidewalks in isolation. Safety is bound into
this issue. He pointed out that the majority of the residents’ survey responded yes there was a
safety concern and a traffic concern on Maple Road. Member Hovland noted the City’s traffic
consultant recommended installation of sidewalks as the most logical solution to the concern. He
questioned whether this should be looked at on a larger scale, e.q. drainage, curb and gutter,
storm sewer and street reconstruction. He suggested the street be posted with 25mph advisory
signs, and the lighting improved. Member Hovland stated he would support sidewalks in the
area.
Member Kelly said he has driven the area a number of times and noted he agreed with Members
Maetzold and Hovland in supporting the installation of sidewalks because of the importance of
public safety. Member Kelly stated he believes the ”majority issue” needs to be carefully
scrutinized. Whether in Edina, or elsewhere, there are many times the “majority” wishes to do
something or not do something, however, simply because the “majority” wants it, does not make
it right. He stated in his opinion the hallmark of bad government is one that blindly endorses
what the majority wants to do. Member Kelly acknowledged that the Maple Road sidewalk was a
divisive issue, however, if someone is going to be upset by his decision, then the decision must
be one of public safety of children and pedestrians. Member Kelly grew up in a neighborhood
where all parents were concerned about all children and he believes Edina is still that way.
Mayor Smith said previously, he had stated the current public policy regarding sidewalks.
Mayor Smith agreed with the importance of the safety issue in the neighborhood. However, he
questioned if installing five foot sidewalks is the only solution, and stated his concern that two
five foot sidewalks in the neighborhood may bring the street closer to the homes, and possibly
change the look of the neighborhood. He would not support two five foot sidewalks in this area
and urged that staff look for a new design. Mayor Smith asked staff to evaluate whether, when
certain traffic levels exist, would City participation become appropriate. Engineer Hoff~nan
explained that the Engineering Department would not propose a two or three foot sidewalk/
however, they would review designs for four, five or six foot sidewalks.
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Member Maetzold asked staff to review whether City participation should be considered.
Member Kelly asked if Maple Road could be designated as a state aid road. Engineer Hoffrnan
explained the City has only so many miles allocated to it for state aid streets and that if Maple
Road is designated a state aid road then another street must loose its designation. He added that
staff will bring back a report on public participation in the sidewalk.
The Council discussed the type of vote needed for the project since it appeared that fewer than
35% of the residents signed the petition, and whether or not the notice was deficient. Manager
Rosland suggested allowing staff to re-notify the residents, allowing staff to review the proposed
design and City cost participation, and allowing the City Attorney to research exactly the type of
vote needed, then bring back to Council at a later date. Member Faust will be absent at the May
18,1998, therefore it was suggested to continue the issue to June 1,1998.
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MinutesBdina CitvCouncWApril20,1998
Mayor Smith directed staff to re-notify the residents, review the proposed design, look at
potential City cost participation, research the legal vote needed to order the improvement, and he
continued Council action until June 1,1998. I STREET RESURFACING IMPROVEMENT NO. A-183 AND STORM SEWER
IMPROVEMENT NO. STS-252 (WOODDALE GLEN) APPROVED Affidavits of Notice were
presented, approved and ordered placed on file.
Assistant Engineer Houle stated the City received a petition from 100% of the Wooddale Glen
residents requesting resurfacing of their street and installation of storm sewer. He explained the
proposed project would reconstruct Wooddale Glen from Wooddale Avenue to the end of the
cul-de-sac along with the addition of a catch basin located on the easterly end of the project The
estimated cost of the project is $27,700 assessed at $4,900 per assessable lot with one back yard
assessment at the one third rate.
No public comment was heard.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION
WHEREAS, the City Council at their March 16, 1998, regular meeting, set a public
hearing for Improvement No. A-183 and STS-252 Street Resurfacing and Storm Sewer
Improvement to Wooddale Glen and
WHEREAS, a resolution of the City Council April 6, 1998, accepted the feasibility
report for said improvement; and
WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing
were given and the hearing was held thereon on the 20* day of April, 1998, at which time all
persons desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED by THE EDINA CITY COUNCIL, that Street
Resurfacing and Storm Sewer Improvement to Wooddale Glen, Improvement Nos. A-183 STS-
252 is ordered as proposed.
BE IT FURTHER RESOLVED, that the City Engineer is authorized to prepare plans and
specifications and advertise for bids for the making of said improvement.
Adopted this 20* day of April, 1998. Member Faust seconded the motion.
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Rollcalk
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
CURB AND GUTTER IMPROVEMENT NO A-095 (WOODDALE LANE) APPROVED
Affidavits of Notice were presented, approved and ordered placed on file.
Assistant Engineer Houle noted the City received a petition August 8,1997, from 100% of fie
Wooddale Lane residents requesting street resurfacing with curb and gutter. The proposed
project would involve reclaiming the existing bituminous, then installing concrete curb and
gutter, and repaving the roadway. The estimated project cost is $36,600 to be funded by
approximately $4,100 per assessable lot along Wooddale Lane.
Member Faust questioned whether the reclamation process has been adequately tested. Engineer
Hoffman explained the test results of the already rebuilt streets using the reclamation process
were satisfactory and the cost savings would recommend using this process.
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Minutesfidina Cit~CounciI/April20,1998
Public Comment
Greg Walling, 5015 Wooddale Lane, asked if his property would need a retaining wall. Assistant
Engineer Houle explained staff would work with Mr. Walling and only install a retaining wall if
absolutely necessary.
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Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION
WHEREAS, the City Council at their March 16, 1998, regular meeting, set a public
hearing for Improvement A-095 Curb and Gutter Improvement to Wooddale Lane; and
WHEREAS, a resolution of the City Council April 6, 1998, accepted the feasibility
report for said improvement; and
WHEREAS, ten days' mailed notice and two weeks' published notice of the hearing
were given and the hearing was held thereon on the 20th day of April, 1998, at which time all
persons desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED by THE EDINA CITY COUNCIL, that Curb
and Gutter Improvement to Wooddale Lane, Improvement No. A-095 is ordered as proposed.
BE IT FURTHER RESOLVED, that the City Engineer is authorized to prepare plans and
specifications and advertise for bids for the making of said improvement.
Adopted this 20th day of April, 1998. Member Hovland seconded the motion.
Rollcall
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
PUBLIC HEARING DATE SET FOR MAY 4,1998 - CONDITIONAL USE PERMIT (CHRIST
PRESBYTERIAN CHURCH) Member Faust said she removed the setting of May 4, 1998, as
public hearing for the Conditional Use Permit for Christ Presbyterian Church questioning
whether variances would be required for the site. Planner Larsen said the size of the lots is
known but will wait to see how they compare to the rest of the 500 foot neighborhood.
Mayor Smith suggested the Council would need all pertinent information on the site prior to the
May 4,1998, meeting in order to make a decision. Planner Larsen said all information provided.
by the proponents will be made available to the Council previous to the hearing.
Member Hovland made a motion setting May 4, 1998, as Public Hearing Date for the
Conditional Use Permit for the Christ Presbyterian Church expansion. Member Maetzold
seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
"BID AWARDED FOR IRRIGATION SYSTEM - ARNESON ACRES PARK Motion made by
Member Maetzold and seconded by Member Hovland for award of bid for Arneson Acres
Park Irrigation System to recommended low bidder, Albrecht at $21,345.00.
Motion carried on rollcall vote - five ayes.
*BID RETECTED FOR SALT STORAGE BUILDING (PUBLIC WORKS) Motion made by
Member Maetzold and seconded by Member Hovland to reject all bids for the salt storage
structure as submitted and have determined the public works crew could effectively build the
structure.
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MinutesEdha CitvCouncWApril20,1998
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ARTICULATED SIDEWALK PLOW Motion made by Member
Maetzold and seconded by Member Hovland for award of bid for an articulated sidewalk
plow to sole bidder, MacQueen Equipment at $51,592.86.
Motion carried on rollcall vote - five ayes.
"TRAFFIC SAFETY REPORT OF APRIL 7, 1998, APPROVED Motion made by Member
Maekold and seconded by Member Hovland approving Section A of the Traffic Safety Staff
Report of April 7,1998;
1. Requesting Fairview Southdale Hospital to draft a letter to the Minnesota
Department of Transportation (Mn/DOT) requesting a signing change proposal and
requesting a letter from the City of Edina to accompany the Hospital letter
requesting a change regarding the Fairview Southdale sign advising traffic to use
the Valley View exit;
2. Request by staff at the business at 4400 France for 1 hour parking restriction posted
for the south side of West 44th Street from France Avenue to the alley entrance/exit;
and to acknowledge Sections B and C.
Motion carried on rollcall vote - five ayes.
RENAMING OF BRAEMAR ARENA COMMONS AREA TO TERRY DALEN COMMONS
Park Director Keprios explained at the March 10, 1998, meeting, the Park Board approved
Manager Rosland's recommendation to name the new commons area at Braemar Arena, "The
Jerry Dalen Commons". Jerry Dalen started working for the City of Edina in November 1955, and
retired after 28 years in 1983 and is known as one of Edina High School hockey's biggest fans.
After a brief discussion, Member Maekold made a motion to rename the Braemar Arena
Commons, "The Jerry Dalen Commons". Member Hovland seconded the motion.
Ayes: Faust, Hovland, Maetzold, Smith
Abstaining: Kelly
Motion carried.
REGULATION OF CAMPAIGN SIGNS APPROVED; DRAFT ORDINANCE ORDERED
Assistant Manager Hughes reported staff was asked to review the City Code with respect to the
regulation of political campaign signs as well as if the Code should be amended providing more
restrictions on size and number of such signs, especially restrictions limiting property owners to
one sign per candidate.
Section 460 of the City Code provides that
"Subd. 4 Campaign Signs. Subject to the applicable provisions of M.S. 211B.045,
signs may be posted from August 1 in a State General Election year until ten days
following the State General Election, Campaign signs erected in conjunction with
elections held at times other than a State General Election are subject to the
following restrictions:
A.
B.
C.
M&- Size - six square feet
Maximum Number - one sign for each candidate per frontage
Maximum Duration - 60 days prior to the election until seven days following
the election."
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MinutesEdha CityCouncil/April20,1998
Based upon this Subdivision, the City clearly may regulate signs during off-year elections (such
as School Board Elections) or for special elections such as bond issue referenda. During State-
wide elections, however, M.S.211B.045 affects our ability to regulate ckpaign signs.
M.S.211B.045 Provides As Follows:
“In any municipality with an ordinance that regulates the size of noncommercial
signs, notwithstanding the provisions of that ordinance, all noncommercial signs of
any size may be posted from August 1 in a State General Election year until ten
days following the State General Election.’’
Assistant Manager Hughes said he believes this statute clearly prohibits the City from restricting
the size of non-commercial opinion signs during the stated time period. (A non-commercial
opinion sign, such as a campaign sign, is one that expresses an opinion deemed by the courts to
have greater protection than other signs such as those which advertise products, businesses,
services, events and other matters of a commercial nature).
It is unclear if M.S.211B.045 likewise prohibits regulations restricting the number or the location
of such non-commercial signs during general elections. The League of Minnesota Cities (LMC)
research specialist responded that the City may not be able to regulate the number of campaign
signs, but can probably regulate their placement, especially relating to their proximity to public
right-of-way. Attorney Gilligan agrees with their interpretation especially in light of case law
dealing with such matters.
If the City concluded it could restrict the number of signs per candidate per lot, enforcing such a
limitation would be very difficult. An additional concern would be that limiting the number of
campaign signs may inadvertently encourage larger signs proving to be of even more concern
than multiple signs. I
Assistant Manager Hughes concluded based upon our interpretation of State Law and case law
as well as the above concerns, we do not recommend an amendment to the City Code which
limits the number of signs during the General Election season.
Notwithstanding the previous recommendation, staff believes the City Code should be amended
with respect to the placement of campaign signs. The City Code currently provides that all signs,
whether temporary or permanent, must be set back at least 20 feet from a street and may not be
placed on a public right-of-way (the boulevard). Since the width of the boulevard varies from
location to location, it is difficult to know if the sign has been placed on a right-of-way. A simpler
way may be to require campaign signs to observe a ten foot or so setback from the traveled
portion of a street but not worry whether it is on a City right-of-way.
Following a brief discussion, Council consensus directed staff to draft a City Code amendment
regulating the placement of campaign signs at a ten foot or so setback from the traveled portion
of a street and to include it on the May 4,1998, Council agenda.
RESOLUTION AMENDING CENTENNIAL LAKES TRAFFIC AGREEMENT APPROVED
Assistant Manager Hughes noted at the April 6,1998, meeting, the Council adopted a resolution
relating to the Centennial Lakes Traffic Agreement in order to clarlry the effect of this agreement
on the Phase 3 office building. The City of Bloomington, which is party to the Agreement,
approved a similar resolution. At the April 6, meeting, Attorney Gilligan advised that an
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MinutesEdha CitvCouncil/April20, 1998
Amendment to the Agreement was being negotiated with Bloomington and would be submitted
to the Council for approval.
Staff proposed to amend the respective agreement for the purpose of simplifying their
requirements. The amendments would provide the following:
a
a
a
a
e
Member
Traffic counts may now be-initiated at any &e following commencement of the
fourth office building at Centennial Lakes and the third building at Minnesota Center
rather than following completion and occupancy of these buildings. This would allow
the developments to proceed without unnecessary delays.
The initiation of the traffic counts and studies are now triggered by the construction of
a certain amount of office floor area on the respective sites rather than the construction
of specific office buildings. This would take into account that the plans for each project
have changed since the original approvals. (Under the present agreement, building
four at Centennial Lakes could not proceed until building three is built and occupied
followed by the completion of the traffic study. This would effectively delay building
four until 1999 which could effect our ability to complete south park and collect tax
increments in a more timely fashion.)
Hennepin County and Mn/DOT no longer involved in the traffic studies. This seemed
to be an unnecessary complication.
The requirements for post development traffic counts and remedial actions has been
eliminated in that it places long term burdens on these properties that are not shared
by other properties in the area. Also, the present development plans for h/Iinnesota
Center and Centennial Lakes makes it extremely doubtful that the maximum traffic
generation for these properties will ever be reached.
The maximum traffic generation which could result from each development remains
unchanged.
Hovland made a motion approving the Amendment to the Centennial Lakes
Agreement and authorizing the Mayor and City Manager to execute the Amendment to the
Resolution adopted April 6,1998. Member Maetzold seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
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"RESOLUTION ORDERING "NO PARKING" ON WEST 78m STREET Member Maetzold
introduced the following resolution and moved its adoption, seconded by Member Hovland
RESOLUTION
RELATING TO PARKING RESTRICTIONS ON
WEST 78m STREET FROM EAST BUSH LAKE ROAD
TO GLEASON ROAD (S.A.P. 120-160-05)
THIS RESOLUTION, passed this 20th day of April, 1998, by the City of Edina, in
Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the
"City", WITNESSETH:
WHEREAS, the "City" has planned the improvement of MSAS 160, West 78th Street
from East Bush Lake Road to Gleason Road.
WHEREAS the "City" will be expending Municipal Street Aid Funds on the
improvement of this Street, and
WHEREAS, this improvement does not provide adequate width for parking on both
sides of the street; and approval of the proposed construction as a Municipal State Aid Street
project must therefor be conditioned upon certain parking restrictions.
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MinutesEdha CityCouncil/April20, 1998
NOW, THEREFORE, IT IS THEREBY RESOLVED that the "City" shall ban the parking
of motor vehicles on both sides of MSAS 160, West 78th Street, at all times.
Dated this 20th day of April, 1998. 8
Motion carried on rollcall vote - five ayes.
*RESOLUTION RECEIVING PETITION AND ORDERING PROTECT AUTHORIZING
PETITION IMPROVEMENT) Member Maetzold introduced the following resolution
seconded by Member Hovland
RESOLUTION RECEIVING PETITION
TRAFFIC SIGNAL AT WEST 76m STREET AND UNITED PROPERTIES DRIVEWAY (lOOo/o
AND ORDER TRAFFIC SIGNAL (TS-24)
WHEREAS, a certain petition, signed by the property owners of 7601 and 7501 France
Avenue requesting a traffic signal at their driveways, and requesting the Council assess the
entire cost of said improvement against the aforementioned property owners, was received by
the City Council at their January 5,1998, meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council for the City of Edina,
Minnesota as follows:
1.
2.
It is hereby found and determined that a petition has been filed requesting the Council to
construct a traffic signal on West 76th Street at United Properties Driveway, and to assess
the entire cost against the petitioners, and that said petition has been signed by both
owners of the real property where said traffic signal is to be located.
The making of said improvement in accordance with said petition is hereby ordered
pursuant to Minnesota Statutes, Section 429. Said improvement is hereby designated and
shall be referred to in all subsequent proceedings as (TRAFFIC SIGNAL TS-24). The entire
cost of said improvement is hereby ordered to be assessed against the properties abutting
on West 76th Street and United Properties Driveway where said signal is to be located.
Motion carried on rollcall vote - five ayes.
*COOPERATIVE AGREEMENT WITH Mn/DOT - TRAFFIC SIGNAL AT TH 169 AND
LONDONDERRY ROAD Member Maetzold introduced the following resolution, seconded
by Member Hovland
RESOLUTION
BE IT RESOLVED that the City of Edina enter into an agreement with the State of
Minnesota, Department of Transportation for the following purposes, to wit:
To revise new traffic control signals, emergency vehicle pre-emption, interconnect
and signing of the east ramp of the TH 169 and Londonderry Road intersection; in
accordance with the terms and conditions set forth and contained in Traffic Signal
Agreement No. 77359
IT IS FURTHER RESOLVED that the Mayor and the Manager are authorized to execute
Passed this 20th day of April, 1998.
the Agreement.
Motion carried on rollcall vote - five ayes.
CLAIMS PAID Member Maetzold made a motion to approve payment of the following claims
as shown in detail on the Check Register dated April 15,1998, and consisting of 31 pages:
General Fund $356,217.53; C.D.B.G. $3,900.00; Communications $1,342.72; Working Capital
$13,423.98; Art Center $5,647;54; Golf Dome Fund $7,171.10; Swimming Pool Fund $4,675,63;
Golf Course Fund $77,727.56; Ice Arena Fund $20,024.61; Edinborough/Centennial Lakes
$18,722.33; Utility Fund $76,489.13; Storm Sewer Utility Fund $4,102.83; Recycling Program
$34,858.59; Liquor Dispensary Fund $205,090.80; Construction Fund $113,519.04; Park Bond
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MinutesEdha CitvCouncil/April20,1998
Fund $25,534.38; TOTAL $968,447.77; and for confirmation of payment of the following claims
as shown in detail on the Check Register dated April 3,1998, and consisting of 2 pages:
General Fund $170,839.54; Golf Dome Fund $23,760.84; Edinborough/ Centennial Lakes $85.00;
Utility Fund $750.00; Liquor Dispensary Fund $70,901.43; I494 Commission $7,430.75; TOTAL
$273,767.56. Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
I
There being no further business on the Council Agenda, Mayor Smith declared the meeting
adjourned at 11:25 P.M.
d) Cityclerk
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