HomeMy WebLinkAbout19980817_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
AUGUST 17,1998 - 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 Faust approving the Consent Agenda with the exception of Agenda Item I.,
Approval of Minutes of the Regular Meeting of August 3,1998, and Agenda Item IV., Bid
Rejected for Sidewalk (Maple Road Improvement No. S-075).
Rollcalk
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
CONSTITUTION WEEK PROCLAIMED FOR SEPTEMBER 17-23 Mayor Smith stated it is a
privilege of all Americans to commemorate the two hundred tenth anniversary of the drafting of
the Constitution of the United States of America with appropriate ceremonies and activities. He
encouraged all citizens to study the Constitution and to reflect on the privilege of being an
American and proclaimed the week of September 17-23,1998, as Constitution Week in Edina.
Member Hovland made a motion declaring the week of September 17 through 23 as
Constitution Week in the City of Edina. Member Faust seconded the motion.
Rollcall
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
“MINUTES OF THE SPECIAL COUNCIL MEETING OF AUGUST 12, 1998, APPROVED
Motion made by Member Maetzold and seconded by Member Faust approving the minutes of
the Special Council Meeting of August 12,1998.
Motion carried on rollcall vote - five ayes.
MINUTES OF THE REGULAR MEETING OF AUGUST 3, 1998, APPROVED Member
Hovland removed the Minutes of the Regular Council Meeting of August 3,1998, for amendment
of his comments regarding the Preliminary Plat Approval for Smiley 2nd Addition (Christ
Presbyterian Church).
Member Maetzold made a motion approving the Minutes of the Regular Meeting of August 3,
1998, as amended. Member Faust seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
VACATION OF PUBLIC TURN-AROUND EASEMENT (6219 HALIFAX AVENUE SOUTH)
APPROVED Affidavits of Notice were presented, approved and ordered placed on file.
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MinutesBdina Citv CounciVAugust - 17,1998 ..:
Engineer Hoffman reported to the City Council that when Mr. Ray Peterson attempted to settle
his parents’ estate, he found the property had an easement for construction purposes in the front
yard. Mr. Peterson has applied to the City to have the easement vacated. Engineer Hoffman
stated there is no reason for the City to keep the easement and none of the utility companies
object to the vacation. He recommended that CounciI grant the vacation as requested.
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After a brief discussion Member Faust introduced the following resolution and moved its
adoption:
RESOLUTION VACATING EASEMENT
FOR PUBLIC TURN AROUND PURPOSES
WHEREAS, a motion of the City Council, on the 20th day of July 1998, fixed a date for
a public hearing on a proposed public turn around easement vacation; and
WHEREAS, two weeks published and posted notice of said hearing was given and the
hearing was held on the 17th day of August, 1998, at which time all persons desiring to be
heard were given an opportunity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the public
that said easement vacation be made; and
WHEREAS, the Council considered the extent the vacation affects existing easements
within the area of the vacation and the extent to which the vacation affects the authority of any
person, corporation, or municipality owning or controlling electric, telephone or cable
television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or
under the area of the proposed vacation to continue maintaining the same, or to enter upon
such easement area or portion thereof vacated to maintain, repair, replace, remove or
otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,
Hennepin County, Minnesota, that the following turnaround easement is hereby vacated
effective as of August 17,1998:
An easement for a temporary turnaround over the segment of that part of a
circle in Lot 5, Roy H. Peterson’s Addition, Hennepin County, Minnesota,
adjacent to and East of the East line of Halifax Avenue, as opened,, the
diameter of said circle being 100 feet, the center point being 50 feet North of
the Southeast corner of Lot 16, Block 1, Peacedale Acres, and 10 feet East of the
East line of said Lot 16, measured at right angles thereto.
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BE IT FURTHER RESOLVED that said vacation does not affect, and there are
continued, reserved, and retained, by the said resolution ordering the vacation, the following
existing easements and authority in, on and under the above vacated area:
The authority of Northern Stqtes Power Company, US West Communications,
Paragon Cable Minnesota, or Minnegasco to enter upon the above vacated
area for the maintenance, replacement, repair and removal of and for
otherwise attending to, underground conduit, manholes, cables, wires and
poles required for utility senrice now in, on or under the above vacated area.
BE IT FURTHZR RESOLVED that the City Clerk is authorized and directed to cause a
notice of completion of proceedings to be prepared, entered in the transfer record of the
County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes,
Section 412.851. Member Maetzold seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
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MinutesEdha City CounciVAugust - 17,1998
FINAL DEVELOPMENT PLAN FOR PARKLAWN PARTNERS, LLC (7450 FRANCE
AVENUE SOUTH) APPROVED Affidavits of Notice were presented, approved and ordered
placed on file.
Presentation by Planner
Planner Larsen stated the subject property is zoned POD-1, Planned Office District and is
developed with a two story, 52,600 square foot office building. The existing building is oriented
towards France Avenue, and is supported by parking behind or to the west of the building. The
occupancy of the building is multi-tenant, general office use.
Planner Larsen explained the Final Development Plan request proposes to build a second office
building to the west of the existing building fronting Parklawn Avenue. The proposed building
would be two stories in height, with a total floor area of 29,000 square feet. The proposed
building would be a medical office.
The two building development would share parking through cross easements. As general office
use, the existing building requires 253 parking spaces. The medical office building requires an
additional 174 spaces for a total demand of 427 spaces. The proposed Final Development Plan
illustrates 442 spaces, including 16 spaces below 'the new building.
Planner Larsen noted the proposed plan requires a ten foot parking variance on Parklawn, but
the proposal meets or exceeds City requirements in all other aspects. Proposed exterior materials
for the new building are brick and stucco.
Planner Larsen reported the Planning Commission at their July 29,1998, meeting recommended
Final Development Plan approval subject to:
1. A conforming landscaping plan that emphasizes screening along the west property
line;
2. Installation of a sidewalk along Parklawn Avenue in conformance with City
specifications; and
3. Nine Mile Creek Watershed District Grading and Water Quality Permits.
Planner Larsen added that since the Planning Commission meeting, the grading plan has been
modified to add the sidewalk, and the landscaping has been increased as recommended. He said
that action by the Watershed District will follow the City Council decision.
Council discussed the rate control pond, the parking setback variance, the landscaping plan, and
the amount of parking required for the new medical office.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION APPROVING FINAL DEVELOPMENT PLAN
BE IT RESOLVED by the City Council at the City of Edina, Minnesota, that the Final
Development plan for Parklawn Partners, LLC, 7450 France Avenue South presented at the
regular meeting of the City Council on August 17,1998, be and is hereby approved subject to
approval of Nine Mile Creek Watershed District Permits.
Member Maetzold seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
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Minutesfidha Citv CounciVAugust - 17,1998
Motion carried. I ORDINANCE NO. 1998-5 ADOPTED - AN ORDINANCE AMENDING SECTION 810,
DEFINITION OF NEIGHBORHOOD Planner Larsen explained the proposed amendment to
the definition of neighborhood would exclude from the definition of "Neighborhood" any lots
separated from a proposed plat by Highway 100 or Crosstown Highway 62. He added that since
no R-1 properties are located west of Highway 169 or south of 1494, these highways were not
included in the amendment.
The Council briefly discussed the proposed amendment. They questioned whether Vernon
Avenue, Interlachen Boulevard, or 50th Street should be included in the amendment, whether or
not the standard of a neighborhood should be included in the ordinance, and the need to develop
a policy for deviating from the neighborhood definition.
Member Maekold made a motion granting first reading and waiving second reading of the
following ordinance:
ORDINANCE NO. 1998-5
AN ORDINANCE AMENDING SECTION 810 OF THE CITY CODE
AMEND THE DEFINITION OF THE TERM "NEIGHBORHOOD"
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Subd. 1 of Subsection 810.02 of the City Code is amended by providing a new
definition of "Neighborhood" as follows: I "Neighborhood. All lots in the Single Dwelling Unit District as established by Section
850 of this Code which are wholly or partially within 500 feet of the perimeter of the
proposed plat or subdivision except :
A. Lots used for publicly owned parks, playgrounds, athletic facilities and golf
B. Lots used for conditional uses as established by Section 850 of this Code; or
C. Lots separated from the proposed plat or subdivision by the right of way of
courses;
either T.H. 100 or T.H. 62.
If the neighborhood includes only a part of a lot, then the whole of that lot shall be
included in the neighborhood. As to streets on the perimeter of the proposed plat or
subdivision, the 500 feet shall be measured from the common line of the street and the
proposed plat or subdivision."
Section 2. This ordinance is in full force and effect upon passage and publication.
Passed and adopted by the Edina City Council this 17fh day of August, 1998.
Glenn L. Smith, Mayor
Attest:
Debra Mangen, Cit$ Clerg
Member Faust seconded the motion.
Rollcalk
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
BID RETECTED FOR MAPLE ROAD IMPROVEMENT NO. S-075 SIDEWALK Member
Hovland said he removed the rejected award of bid for the Maple Road Improvement No. SO75
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Minutesfidina City CounciVAugust 17,1998
Sidewalk to inquire whether the high bid would self-correct in the spring because construction
companies would have less work. Engineer Hoffman said he believes the job can be re-bid and
the proposed assessment rate per lot reached in the spring,
Member Hovland made a motion to reject the bid for Contract 98-10 (ENG), Improvement
Nos. S-075 (Maple Road Sidewalks) and to re-bid at a later date. Member Faust seconded the
motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
TRAFFIC SAFETY REPORT OF AUGUST 4,1998, SECTION A, B. 1,3,4,5, C.1,2,3 APPROVED;
SECTION B.2 APPROVED WITH CONDITIONS; AND SECTION C.4 APPROVED
DIRECTING STAFF TO REQUEST A HENNEPIN COUNTY TRAFFIC STUDY AT XERXES
AVENUE FROM THE CROSSTOWN HIGHWAY TO WEST 66TH STREET AND
SIGNALIZATION Member Hovland asked Coordinator Bongaarts about Section A.3., where
staff recommended ”No Parking Anytime” signs be posted on the north side of Waterman
Avenue from the west boundary of 6220 Interlachen to the Interlachen gate, and ”No Parking
Anytime” signs be posted on the south side of Waterman from the west boundary of 6309
Waterman to the Interlachen gate. Coordinator Bongaarts responded staff does not believe cars
will move that far up the street. He elaborated that on the south side there is an Interlachen Golf
Course driving range gate opening onto Waterman. When the direction of the driving range is
changed, people park on Waterman rather than use the parking lot. Staff requested Interlachen
lock the gate, but they refused, because it is used for maintenance vehicles. Not all residents
wanted the ”No Parking Anytime” ban implemented.
Member Faust asked where residents will park. Coordinator Bongaarts reminded the Council
parking will remain on one side of the street. I
Mayor Smith inquired about Section B.l, request for STOP signs on West Shore Drive at Dunham
Drive, stating, ’this street is an excellent candidate for sidewalks which would have to be
petitioned for by residents’ asking if that meant on both sides of the street. Coordinator
Bongaarts said on one side and noted it would be easy to put sidewalks in, there are no trees to
impede installation. Mayor Smith asked if both sides of the street would bear the assessment.
Engineer Hoffman reminded the Council at the September 22, 1998, meeting there will be a
”proposed” school zone walking area and be paid for by an area assessment.
Coordinator Bongaarts explained Section B.2. is requesting continuation of a request for a STOP
sign.on Normandale Road (easterly side of Highway 100) at West 6gth Street. It is a “T”
intersection travelling one way to the North and was continued awaiting results of the
comparison study done on West Shore Drive. Normandale Road’s functional classification is
considered a collector street and is a northbound frontage road to Highway 100. Normandale
Road serves as a frontage road for homes accessing the neighborhoods on both sides of Highway
100 and north and south of West 66th Street. Collector streets are designed to move traffic from
local streets wMe minimizing travel times. The‘roadway functions the same as West 66th Street,
West 50th Street, and Tracy Avenue. Twelve homes directly access this portion of Normandale
Road with the average driveway length of 125 lineal feet. A typical driveway in Edina is 35 lineal
feet. Each driveway has a turn-around, therefore eliminating the need for residents to back out
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Minutes/Edina City CouncWAugust - 17,1998
into traffic along Normandale Road. The 85 percentile speed is 45 mph and is one of the criteria
used to set speed limits on a roadway. Criteria used for setting speed limits are: I 1. Geometric design of the roadway:
A. Is a driver able to stop when seeing a small object on the roadway;
B. Is the driver comfortable while transversing the roadway;
C. Amount of access points and volume of vehicles along the route.
Staff recommends the following, based on the functional classification of the roadway and speeds
attained in the initial study.
1. The request for a STOP sign located at Normandale Road and West 69th Street be
denied due to lack of warrants as stated in the Multiway STOP Sign Policy;
2. A traffic study be initiated to analyze the possibility of raising the speed limit along
both sides of Normandale Road from West 66fi Street to West 70th; and
3. The Police Department continue speed enforcement along Normandale Road.
Member Hovland asked what the accident rate is in the area. Coordinator Bongaarts informed
Council there is no accident history.
Member Faust voiced concern with raising speeds. Engineer Hoffman said while this street
violates the 30 mph limit, should it be expected that traffic exiting the freeway slows to 30 mph at
that location.
Member Maetzold said traffic going up the hill has their scenario set for them and seems that
stretch of road is an acceleration lane. He feels a STOP at this location may remind drivers they
are moving into a residential neighborhood. Engineer Hoffman said staff felt a STOP at that
location would not be observed - it is a wide open area and drivers are comfortable doing a faster
speed.
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Member Kelly noted that cut-through traffic is terrible. We have collector roads and the way they
should function is to alleviate cut-through by fumeling traffic to one specific area. This roadway
does exactly that for several reasons: 1) double wide, one-way street; 2) houses on only one side;
and 3) houses built to accommodate safely, unobstructed traffic. A STOP placed at Normandale
Road and West 69th Street will only create the problem of cut-through traffic between 70th Street
and 66* Street and the traffic study and research bears this fact out.
Member Hovland concurred with Member Kelly and believes further that a STOP sign could
create the potential for rear-end type accidents. He recommended leaving the intersection as it is.
He questioned the speed limit on West 66th being 35 mph. Engineer Hoffman responded, yes,
and is a carry-over from days when Hwy 100 fed traffic on to that street. Member Hovland said if
speeds were to be adjusted, it would be more conducive to being 35 mph, as it is on West 66th
Street
Dean Kovack, 6817 Normandale Road, said he is not requesting the STOP sign to be difficult, but
for the safety of residents in the neighborhood. He reminded Council 69th Street will be moved
80+ feet north creating more of a launching pad for drivers exiting Hwy 100. He agrees
Normandale is a safe way to get to 66th Street, but it does not need to be the fastest. He wishes to
be proactive with installation of a STOP at Normandale and West 69th Street before something
tragic happens.
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MinutesBdina City Council/August 17,1998
Member Hovland inquired whether sidewalks had been considered on Normandale. Mr. Kovack
responded no.
Polly Bowles, 4809 Wilford Way, said she is speaking for the church while it is not a church issue
nor does it affect the church. While canvassing the neighborhood about the proposed church
design, one issue raised repeatedly was traffic speed. The church's position as a Woodhill
neighbor is if the neighbors believe speed would be controlled with a STOP, the church would
support it. Ms. Bowles commented she was struck by the STOP that went up on West Shore
Drive at Upper Terrace and feels that STOP will be ignored. She has sympathy for the residents
who live on Normandale that have children and she feels a STOP would be a hallmark saying
this is not a freeway and are you are entering a residential neighborhood.
Mayor Smith said a traffic study should be done in the area after the church is completed and
occupied. He favors installation of a STOP sign, but will defer to the expertise of staff and the
traffic safety warrants. Three questions remain, 1) whether to raise the speed limit, 2) complete a
traffic study after the church is finished and 3) vote for the STOP or not.
Member Maetzold responded to question 1) raise in speed limit - perhaps at some time, but not
now, 2) traffic should be studied when the church is completed and 3) he would vote for a STOP
sign if the vote were taken today.
Member Hovland asked for more information on the West Shore STOP sign from Coordinator
Bongaarts. He historically has believed traffic is slowed by STOP signs. He was surprised by the
.5 mph slowing of speed on West Shore and that 1/3 of the drivers were blowing the STOP sign.
From a policy standpoint, a STOP at Normandale and West 6gth will not slow traffic. Member
Hovland said he sees this as an enforcement issue and the area should be patrolled and speeders
ticketed. Residents should not have to walk in the street and neighbors should submit a petition
for sidewalks in the area. He agrees with staff's recommendation and would like speeds and
traffic studied in the future.
Member Faust said she would like, 1) a traffic study done after the church is completed, 2) a
speed study done, 3) speed limit remain at 30 mph, and 4) no STOP sign installed now, but
maybe after the traffic study is completed.
Mayor Smith summarized Council consensus, 1) there will be no increase in speed limit, 2) a
traffic study will be undertaken after the church is completed, 3) no consensus for a STOP to be
installed at Normandale Road and West 69th Street at the present time, and 4) more diligent
speed enforcement in the area.
Mr. Kovack asked what the actual speeds on Normandale were. Chief Bernhjelm said the data is
picked up as part of the study, but no enforcement is done during the study.
Member Maetzold made a motion approving the Traffic Safety Staff Review of August 10,
1998, Section A as recommendedl:
1. Installation of a handicap access ramp in line with the pedestrian crosswalk on the
east side of the Vernon Avenue/Interlachen Boulevard intersection on the northeast
corner;
2. Use of tfaffic speed display trailer in the 3900-4000 blocks of Sunnyside Road;
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MinutesDdina City CounciVAugust 17,1998
3. "No Parking Anytime" signs be posted on the north side of Waterman Avenue from
€he west boundary of 6220 Interlachen to the Interlachen gate, and "No Parking
Anytime" signs be posted on the south side of Waterman from the west boundary
of 6309 Waterman to the Interlachen gate; and
Section B. 1,3,4,5. Member Faust seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
Member Faust made a motion approving €he Traffic Safety Staff Review of August 10,1998,
Section B.2, conditioned upon:
1. No increase in €he speed limit on Normandale Road;
2. Initiation of a traffic study following the completion of construction of Christ
Presbyterian Church;
3. No STOP sign installation until completion of a traffic study following conclusion
of Christ Presbyterian Church construction; and
4. Police Department concentrate traffic enforcement in the area.
Motion was seconded by Member Hovland.
Ayes: Faust, Hovland, Kelly, Maetzold, Snufh
Motion carried.
Member Hovland questioned Section C.4. A petition with 700 signatures was received asking for
improvements in the intersection of Heritage Drive and Xerxes Avenue. The request was
predicated on the safety of residents in the area especially since the recent fatality. Member
Hovland asked if, on an interim basis, sometling could be done to alleviate traffic problems until
Hennepin County makes a decision on whether to do a traffic study of the area which would
include signalization. Engineer Hoffman said left turns off Heritage Drive could be banned onto
Xerxes, but he believes the majority of residents in the area would disagree with this solution.
The decision is Hennepin County's, and must go through their process. He explained the fatality
happened at a non-peak time between two residents of the neighborhood. He suggested a
resolution be sent to the County officially requesting a complete study of the area, which is all we
can do at the present time.
Mayor Smith asked if the hospital plans shouldn't be included in the traffic study of the area also.
Engineer Hoffman noted BRW is doing an internal traffic study at present for the hospital east of
France Avenue. The City historically uses SRF for their traffic studies, but staff believes BRW
should study the area as a part of the hospital study.
Member Maetzold inquired what was being done west of France Avenue on 65th Street. Engineer
Hoffman said BRW will incorporate their data of the area as well as incorporate data provided by
SRF and Hennepin County. Mayor Smith added he believes the hospital should be a major
contributor if signalized intersections are required and suggested that Hennepin County be
encouraged to study a broader area because of the impact the hospital has on traffic in the area.
Member Hovland made a motion approving Traffic Safety Staff Review of August 10,1998,
Section C. 1, 2, 3, and Section C. 4 and staff be directed to draf€ a Resolution to Hennepin
County requesting a traffic safety study be completed for Xemes Avenue from the Crosstown
Highway to West 66th Street and to include signalization along with other means to improve
the safety of that geographic area of the City. Member Faust seconded the motion.
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'Minutesfidina City CounciVAugust 17,1998
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
-I Motion carried.
*RESOLUTION ADOPTED SETTING OCTOBER 5,1998 AS PUBLIC HEARING DATE FOR
SPECIAL ASSESSMENTS ON PUBLIC IMPROVEMENTS Motion made by Member
Maetzold and seconded by Member Faust setting October 5,1998, adopting the following:
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTk
1. A public hearing shall be held on the 5th day of October, 1998, in the Council
Chambers at City Hall at EO0 P.M. to pass upon the proposed special assessments
for the 1997-98 construction season. All persons owning property affected by such
improvements at such time and place will be given an opportunity to be heard with
reference to such assessments.
2. The city clerk is hereby directed to cause a notice of hearing on the proposed
assessments to be published in the Edina Sun-Current at least two weeks before the
hearing and shall in the notice state the total cost of the improvements. The clerk
shall also cause mailed notice to be given to the owner of each parcel described in
the assessment rolls not less than two weeks before the hearings.
Motion carried on rollcall vote - five ayes.
"RESOLUTION APPOINTING ELECTION TUDGES FOR STATE PRIMARY ELECTION
SEPTEMBER 15, 1998 Member Maetzold introduced the following resolution, seconded by
Member Faust adopting the following resolution:
RESOLUTION
BE IT RESOLVED by the Edina City Council that the individuals named on the list as
presented and on file in the office of the City Clerk be appointed as election judges for the
primary election to be conducted on September 15,1998; and
BE IT FURTHER RESOLVED that the City Clerk is with this, authorized to make any
substitutions or additions as deemed necessary.
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Motion carried on rollcall vote - five ayes.
NEW ON-SALE WINE AND 3.2 BEER LICENSE APPROVED FOR BIG BOWL, INC. Manager
Rosland explained an on-sale wine and 3.2 beer license for Big Bowl, Inc., d.b.a. Big Bowl Cafe at
3669 Galleria has been requested. All necessary documentation has been completed as well as an
investigation by the Police Department.
Following a brief Council discussion, Member Faust made a motion approving issuance of a
new on-sale wine and 3.2 beer license to Big Bowl, Inc., d.b.a. Big Bowl Cafe at 3669 Galleria.
Member Kelly seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
REALIGNMENT CHANGE PROTECT (WE ST 78TH STREET BETWEEN SHAUGHNESSY
ROAD AND LOCHMERE TERRACE) REVIEWED; APPROVED Engineer Hoffman presented
modifications to the plans for West 78th Skeet between Shaughnessy Road and Lochmere Terrace
that had been achieved with assistance of Bloomington staff.
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Minutes/Edina Citv Council/August - 17,1998
A letter, dated July 21,1998, requesting modifications was received from the board of the Dewey
Hill 111 Townhome Association, 7786 Lochmere Terrace. The requested modifications were as
follows:
1. Take 3 feet for street expansion between Lochmere Terrace and Shaughnessy Road on
north side of 78th Street, allowing 2 4'2 -3 foot boulevard separating pedestrians from
speeding cars on 78th Street and maintain trees. Maintenance would be responsibility
of Townhome Association.
2. Ask Bloomington to obtain sidewalk easement from Northwest Tennis Club allowing
the curb moved in further and take additional expansion room from commercial
building rather than residential on north side of street.
3. Add a right turn land into Lochmere Terrace from westbound lane of 78th Street.
Engineer Hoffman responded to the request that a portion of Item 1 can be accomplished and
Bloomington has agreed to Item 2, that a sidewalk can remain on both sides of West 78* Street as
well as, Item 3 can be accomplished with a substandard right turn lane. Engineer Hoffman added
this is the only intersection that the City has adequate right-of-way to accomplish this turn lane.
Northwest Athletic Club's parking ramp drive creates considerable challenge in terms of both
horizontal and vertical alignment. Bloomington has met with the club and they have no plans to
change the ramp driveway. Neither Northwest Athletic nor the City of Bloomington are willing
to reconstruct the ramp access. This causes the inability to provide a boulevard on the westerly
end of the Dewey HilI Townhome area just east of Shaughnessy Road.
The City of Edina is constructing the roadway within current right-of-way. Bloomington owns
the roadway south of the current center of the street and west of the Diversified Pharmaceutical
Company (DPS) curb cut. Staff has worked with Bloomington on each parcel west of DPS and
believes we have the best alignment that is obtainable. Engineer Hoffman pointed out that Marth
Court wetlands is an area of concern. Our project is right at the edge of these wetlands which
prevents any further southerly movement.
Additionally, NSP is raising all their poles along West 78th Street to avoid cutting and trimmin g
trees. Staff believes this is very important to maintain as much visual barrier to West 78" Street as
possible.
Engineer Hoffman explained staff was able to create some boulevard for the general area on the
east end of the townhome area and presented a graphic depicting these modifications.
Member Maetzold asked where snow would be stored with no boulevard. Engineer Hoffman
said snow would need to be blown up onto the grassy area frequently.
Resident Comments
Bing Carh, Vice President of the Dewey HiU Ill Townhome Association, requested the plan be
modified to move everything to the commercial or south side of the development. He believes
Bloomington is getting the real benefit of this development as well as Northwest Racket will
benefit with increased clientele. The citizens of Edina are only getting the mess and paying for it
Mr. Carh believes a real hazard exists if the ramp at Northwest Racket is left as is. He voiced
concern with traffic speed and safety when residents try to walk on the sidewalk.
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MinutesBdina City CounciVAugust 17,1998
Robert Ford, 7754 Lochmere Terrace, pointed out there could be as many as 800 employees
entering and exiting each day at Diversified PhGmaceutical when they are operational. He
inquired if one-half of the road would be completed this year. Engineer Hoffman said DPS is
projected to open in three weeks and the plan is for road work to begin in September with the
north half being completed this year.
Council comments were: could the sidewalk go underneath the ramp; why not ask Northwest
Athletic to relocate their ramp exit; could the relocation be a joint project and the cost shared
between all interested parties; staff could ask the City of Bloomington to revisit the concern;
could the ramp exit be heated to alleviate ice build up; would dollars increase the boulevard on
the south side; would the townhouse association pay; and it’s time to move on and get the road
built - it hurts the neighborhood a lot by not doing anything.
Mayor Smith asked Mr. Carlin if the Townhome Association would be willing to share in the cost
of the ramp relocation. Mr. Carlin responded that the Townhome Association would not pay for
any modifications and it should not be Edina’s problem. He said he would talk to the Association
about whether they would financially support any modifications.
Tim Purdum, Secretary of the Dewey Hill I11 Townhome Association, suggested staff have a
conversation with John Gatuso of DPS, again. ’Mr. Gatuso pledged full cooperation with the
Council and the City of Edina to make this entire endeavor as palatable to the City and residents
along West 78th Street as it is to the City of Bloomington. There might be a potential for assistance
from DPS with the ramp relocation since they had agreed to expend funds on signalization
previously.
Council consensus was to direct Engineer Hoffman to move forward with the plan as presented
and to converse with John Gatuso of DPS and with the City of Bloomington regarding concern
with the Northwest Athletic parhg ramp.
LIQUOR REFERENDUM QUESTION ALTERNATIVES PRESENTED; APPROVED FOR
NOVEMBER 3,1998, BALLOT Assistant Manager Hughes explained that on July 20,1998, the
Council adopted a motion to place a “split liquor” question on the ballot November 3, 1998,
general election. Council directed staff to prepare alternative language for this question.
Following a meeting with the City Attorney, alternative questions were prepared.
Assistant Manager Hughes noted the City must also seek voter approval if it desires to issue
Sunday sales licenses. A question has been prepared in this regard. (No alternatives have been
prepared to this question as the issue seems straight forward.)
Assistant Manager Hughes reviewed the following alternative questions:
Alternative #1 to Q.1 (same as question - asked in 1975)
“Shall the City of Edina, Minnesota, be authorized to issue on-sale liquor licenses to a
private person or persons for the sale of intoxicating liquors in conjunction with a hotel or
restaurant as defined in Minnesota Statutes, Section 340A,601?”
Alternative #2 to Q.l
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Minutes/Edina Citv CounciVAugust 17,1998
"Shall the City of Edina be authorized to issue up to (19 or some lesser number) of on-sale
liquor licenses to hotels and restaurants as provided in Minnesota Statutes, Section
340A. 601?"
Alternative #3 to Q.l
"Shall the City of Edina be authorized to issue up to (19 or some lesser number) of on-sale
liquor licenses to hotels and restaurants where meals are regularly prepared on the
premises and served at tables as provided in Minnesota Statute, Section 340A.601?"
Alternative #4 to Q.l
"Shall the City of Edina be authorized to issue on-sale intoxicating liquor licenses to hotels
and restaurants where meals are regularly prepared on the premises and served at tables
as provided in Minnesota Statutes, Section 340A.601:"
Alternative #5 to Q. 1
"Shall the City of Edina be authorized to issue on-sale intoxicating liquor licenses to hotels
and restaurants in qualifying commercial districts where meals are regularly prepared on
the premises and served at tables as provided in Minnesota Statutes, Section 340A.601?"
Alternative #6 to 0.1
"Shall the City of Edina be authorized to issue on-sale intoxicating liquor licenses to hotels
and restaurants in qumg commercial districts where meals are regularly prepared on
the premises and served at tables with a seating capacity for at least 30 persons as
provided in h4innesota Statutes, Section 340A.601?"
Alternative #7 to Q.l
"Shall the City of Edina be authorized to issue up to (19 or some other lesser number) on-
sale intoxicating liquor licenses to hotels and restaurants in qu-g commercial
districts where meals are regularly prepared on the premises and served at tables with a
seating capacity for at least 30 persons as provided in Minnesota Statutes, Section
340A.601?"
I
I
Assistant Manager Hughes said staff recommends the language offered previously on July 20,
1998. He reminded that even if the referendum were approved, the Council would need to adopt
an enabling ordinance prior to issuing licenses. (The Council would not be obliged to adopt such
an ordinance and issue licenses even if the referendum passed.) Staff believes the Council should
retain as much authority as possible for the purpose of crafting a future ordinance. A simply-
worded question would be advisable rather than a more detailed question would could
inadvertently limit the discretion of this Council or ones in the future.
Staff further recommends the following questions with respect to the November 3, 1998,
referendum:
Question I. "Shall the City of Edina be authorized to issue on-sale intoxicating liquor
licenses to hotels and restaurants as provided in Minnesota Statutes, Section 340A.601?"
Question 2. "Shall the City of Edina be authorized to issue licenses to hotels and
restaurants to sell intoxicating liquor between the hours of 12 o'clock noon and 12 o'clock
midnight on Sundays as provided in Minnesota Statutes, Section 340A.501?"
Assistant Manager Hughes noted Police. Chief Bernhjelm submitted research on liquor
enforcement in the area as had been directed by the Council at a previous meeting.
Page 12
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Minutesfidina City CounciVAugust - 17,1998
Member Faust stated she would like the citizens to realize that the Statute would not allow a
"Brown Derby" type establishment which was primarily a bar. Licenses should be defined and
limited and citizens should know clearly what they are voting for.
Member Hovland said he would reserve his questions until he received more information from
the staff of area restaurants.
Member Kelly said he would like more information on Question 5. He stated that in order to not
have any confusion with the question on the ballot, the message to the residents should be
conveyed as clearly, simply and with brevity as possible. He said he is interested in comments
from the Chamber of Commerce and from area restaurants as well.
Assistant Manager Hughes stated none of the questions have been ruled out, but he reminded
the Council in order to preserve flexibility, much of the language in the proposed questions has
been taken out of the State Statutes. He responded to Member Kelly that Question 5 only expands
on statutory requirements.
Mayor Smith asked if there is any delineation between hotels and restaurants. Attorney Gilligan
said language is similar to that from the State Statute.
Assistant Manager Hughes said Question 1 asks a basic question of the voters, giving the Council
the maximum authority to craft the ordinance. He cautioned that care must be taken not to over-
quahfy it.
Member Maetzold inquired how information will be disseminated. Assistant Manager Hughes I
said the City cannot-adopt a position, but could share facts about the process. He said he
supposed VOTE YES and VOTE NO committees will be formed to present their views to voters.
Proponent - comments:
Warren Beck, 3216 Robinson Road, Deephaven, of'Gabbert and Beck, and a member of the
Community Growth Alliance which could be /aka/"Vote Yes" Committee, voiced support with
the staff's recommendation as presented. He voiced concern with Question 5, because of the
confusion previously with the wine ordinance regarding the service of wine with or without the
purchase of an entree. He said he is willing to work with staff when it is time to draft the new
ordinance. He encouraged a decision be made on the question tonight allowing the restaurant
owners to have adequate time to get information to the public.
Member Hovland made a motion recommending the following questions be placed on the
ballot for the November 3,1998, General Election.
Question 1. "Shall the City of Edina be authorized to issue on-sale intoxicating liquor
licenses to hotels and restaurants as provided in Minnesota Statutes, Section
340A.601?"
Question 2. "Shall the City of Edina be authorized to issue licenses to hotels and
restaurants to sell intoxicating liquor between the hours of 12 o'clock noon and 12
o'clock midnight on Sundays as provided in Minnesota Statutes, Section 340A.504?"
Member Maetzold seconded the motion.
Rollcalk
Ayes: Hovland, Kelly, Maetzold
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Minutes/Edina Citv Council/August - 17,1998
Nays: Faust, Smith
Motion carried. I REPORT PRESENTED ON NUISANCE ORDINANCE STUDY Assistant Manager Hughes
explained on July 6, 1998, the Council directed staff to research the City's existing nuisance
ordinances and present findings at the August 17, 1998, regular meeting. The request was
prompted by a complaint received from a resident concerning the need for an "eyesore"
ordinance, particularly one that regulates parking of poorly conditioned or inoperable vehicles
wluch are seldom or never used by their owners.
Assistant Manager Hughes noted that staff undertook an extensive study of numerous
provisions categorized as "nuisances" within the City Code. The most common of these nuisance
complaints received at City HaII are 1) Dangerous or Substandard buildings; 2) Public Health
Nuisances; 3) Garbage and Recycling Issues; 4) Unsightly or Dilapidated Housing; 5) Home
Occupations/Garage Sales; 6) General Nuisances and Public Nuisances; 7) Noise; 8) Vehicles and
RVs; and 9) Weeds.
Planner Larsen presented a graphic display depicting resdts of the study:
HEALTH AND SAFETY.
Dangerous or Substandard Buildings'
Public Health Nuisances
Housing Code Violations
General Nuisances
Noise
AEsmTIcIssuEs:
Placement of Refuse and Recycling
Home Occupations and Garage Sales
Vehicles and RVs
Yards and Vegetation
Community Standard Violations
Courts Require Identified Complainant
Staffing Levels
Voluntary Compliance Citation
Health and Safety
Activities Requiring Permits
Drainage
Trees and Shrubs
Lot Line Issues
Deed Restrictions
RECOMMENDATIONS
No Change To Nuisance Standards
NEW ORDINANCES AND PROGRAMS
Point of Sale Inspections
Rental Housing Licensing
COMPLAINT BASED ENFORCEMENT:
NON-COMPLIANT BASED ENFORCEMENTT
PRIVATE DEPUTES:
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MinutesBdina Citv CounciVAugust - 17,1998
Neighborhood Sweeps i .1 1 City Court
Prosecuting Attorney Halberg said staff requested .him to research local “City Court” systems.
The City of Mhnetonka has had a “City Court’’ system in place for some time, as well as
Brooklyn Park. Attempting to get nuisance problems resolved quickly can be a frustrating
process as perception is that an unpainted home does not compare to a serious criminal case, but
are both technically criminal charges. Nuisance charges are dealt with last or with the least
amount of energy, normally. Minnetonka has a civil system rather than a criminal system. When
staff is unable to resolve a situation, a citation is written with a fine schedule affixed. If the
payment is not paid, it goes into the Court system for resolution. If the resident wants their day
in Court, the City of Minnetonka has enlisted local lawyers to act as hearing officers. A randomly
chosen attorney hears the case, with no counsel present either for the disgruntled resident or the
city, and hopefully a resolution is reached. If the process does not work, the issue is referred back
to the Court system.
Attorney ’Halberg recommended not establishing a “City Court” system for the following
reasons: 1) the City of Minnetonka has established a very expensive, elaborate system and has
heard two cases, 2) most cases go smoothly and are resolved between staff and the established
process, and 3) he questions whether a “City Court” system could be implemented as Edina is a
Statutory City and Minnetonka is a Charter city.
Member Faust inquired whether the original ”eyesore’’ complaint that predicated the Nuisance
Ordinances is being examined. Planner Larsen noted that enforcement had been done and the
violation corrected.
Bob Malby, 6517 Limerick Drive, thanked staff for the extensive report his suggestion initiated.
He referred to a statement in the report ...” staff believes current standards are quite effective and
are generally enforceable”. These standards are not the case for residents on Limerick Drive and
he believes junk is junk. Following a brief discussion, Mr. Malby said he does not know what else
to do.
Mayor Smith noted information about nuisances could be published in About Town regularly
and staff will continue following through with all complaints from residents.
“MINNESOTA HISTORICAL SOCIETY CERTIFIED LOCAL GOVERNMENT GRANT
ACCEPTED Motion made by Member Maetzold and seconded by Member Faust approving
acceptance of $5,950.00 in federal grant funds from the Minnesota Historical Society to assist
in funding an historic context study and authorize the execution of the Certified Local
Government Agreement by the Mayor, City Manager, and Heritage Preservation Board
Chairman.
Motion carried on rollcall vote - five ayes.
CLAIMS PAID MoGon made by Member Maetzold approving the payment of claims as
shown in detail on the Check Register dated August 13, 1998, and consisting of 35 pages:
General Fund $382,286.24; Working Capital $8,540.34; Art Center $7,804.63; Golf Dome Fund
$1,786.90; Swimming Pool Fund $14,109.80; Golf Course Fund $62,420.39; Ice Arena Fund
$22,473.46; Edinborough/Centennial Lakes $29,092.04; Utility Fund $221,258.41; Storm Sewer
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Minutes/Edina Citv CounciVAugust - 17,1998
Utility Fund $7,789.06; Recycling Program $34,101.17; Liquor Dispensary Fund $228,496.15;
Construction Fund $173,912.16; Park Bond Fund $189,839.60; 1-494 Commission $1,448.16;
TOTAL $1,385,358.51; and for confirmation of payment of the following claims as shown in
detail on Check Register dated August 7, 1998, and consisting of 3 gages: General Fund
$149,053.16; Working Capital $331.50; Art Center $50.00; Golf Course Fund $222.42;
Edinborough/Centennial Lakes $22.39; Liquor Dispensary Fund $86,836.47; Construction Fund
$10,276.62; 1-494 Commission $17,305.15; TOTAL $264,097.71. Member Faust seconded the
motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smiflt
Motion carried.
There being no further business on the Council Agenda, Mayor Smith declared the meeting
adjourned at 10:14 P.M.
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