HomeMy WebLinkAbout19990706_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JULY 6,1999 - 200 P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, and Mayor pro tern
Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Kelly and seconded
by Member Hovland approving the Council Consent Agenda as presented with the
exception of Agenda Item III.A.l. and 2. Set Hearing Date for July 20, 1999, and
Agenda Item V.H. Signatory Resolution.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETING OF TUNE 15,1999, APPROVED Motion made
by Member Kelly and seconded by Member Hovland approving the minutes of the June
15,1999, Regular Council Meeting.
Motion carried on rollcall vote - four ayes.
RESOLUTION ADOPTED ORDERING BROOKVIEW AVENUE AND WEST 56TH
STREET CURB AND GUTTER IMPROVEMENT NO B-096 Affidavits of Notice were
presented, approved and ordered placed on file.
Presentation by Engineer -
Assistant Engineer Houle noted the City had received a petition from 27 of the 31 residents in
the neighborhood requesting the installation of bulkhead style concrete curb and gutter along
Brookview Avenue from Woodland Road to West 56th Street and along West 56th Street from
Oaklawn Avenue to Park Place. He said that previously the Council requested staff resurvey
the neighborhood to determine how many residents wanted curb and gutter and what type
they wanted installed.
Assistant Engineer Houle reported that residents residing north of West 56th on Brookview
overwhelmingly did not want curb and gutter installed. Their responses were 3 in support of
the project and 13 not in support of the project. However, residents of West 56th Street and
Brookview south of West 56th supported the project. These residents responded in favor of
the project seven times and against the project three times.
Assistant Engineer Houle explained the project would consist of removing two feet of
pavement along the outer edge of West 56th Street and along the first three lots on Brookview
south of West 56th Street, excavating approximately one to five feet of boulevard, and excess
soils within the area, removing existing driveway ends, installing bulkhead style concrete
curb and gutter, then patching the removed bituminous and resodding. All driveways
would receive new concrete aprons. In addition, any sprinklers and other landscaping
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MinutesEdha City Council/Tuly 6,1999
disturbed during construction would be repaired. He stated that the project had been scaled
back based on the survey results to include only Brookview Avenue residents south of West
56th and West 56th Street residents between Oaklawn and Park Place. The revised estimated
project cost of $36,200 would be funded by special assessments against benefited properties
of $52 per assessable foot.
Public Comment
James Grotz, 5513 Park Place, said that when it rains a large portion of the City’s rain water
drains down Brookview. Mr. Grotz questioned why this drainage pattern was allowed and
suggested that something be done at the City’s expense to rectify the problem. Assistant
Engineer Houle said the drainage issues in the area were inherited due to the topography
and the way the City developed over the years. He added that drainage will be reviewed
when the improvement project is designed.
Mark Macarthy, 5537 Brookview, commented that after a one inch rainfall he has dirt as far
as ten feet into his yard. Member Hovland asked what the effect would be of running curb
and gutter further north on Brookview. Assistant Engineer Houle noted that Brookview
does flatten out. Engineer Hoffman pointed out that Brookview is no different that
Parkwood Drive. He said that when an inch of rain comes in fifteen minutes nothing Wiu
handle it. Engineer Hoffman reminded that major portions of Edina do not have storm
sewer. The Engineer will review this issue in the design stage to see if reshaping the
boulevard would aid in catching the water.
Member Hovland asked what the average cost would be for each homeowner in the project
area. Assistant Engineer Houle said the estimated cost would be between $3,200 and $4,500
per lot.
Member Faust introduced the following resolution and moved its adoption:
RESOLUTION ORDERING
CURB & GUTTER
IMPROVEMENT NO. B-096
WHEREAS, the Edina City Council on the 3rd day of May 1999, fixed a date for a
council hearing on the proposed concrete curb and gutter installation, Improvement No. B-
096 and
WHEREAS, a report has been prepared by the Edina City Engineer with reference to
the Improvement No. B-096 installation of concrete curb and gutter on West 56th Street
between Oaklawn and Park Place and Brookview Avenue between Woodland Road to
West 56th Street, and this report was received by the Council on July 6,1999; and
WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing
was given, and the hearing was held thereon on the 6th of July, for Improvement No. B-
096 installation of concrete curb and gutter on West 56th Street between Oaklawn and Park
Place and Brookview Avenue between Woodland Road to West 56th Street, at which
hearing all persons desiring to be heard were given an opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED that the Council has duly considered the
views of all persons interested, and being fully advised of the pertinent facts, does hereby
determine to proceed with the construction of said improvement, including all
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MinutesEdha Citv Council/Tuly 6,1999
proceedings which may be necessary in eminent domain for the acquisition of necessary
easements and rights hereby designated and shall be referred to in all subsequent
proceedings as Improvement No. B-096 installation of concrete curb and gutter on West
56th Street between Oaklawn and Park Place and Brookview Avenue between Woodland
Road to West 56th Street.
1. Improvement No. B-096 installation of concrete curb and gutter on West 56th Street
between Oaklawn and Park Place and Brookview Avenue between Woodland Road to
West 56th Street is hereby ordered as proposed;
2. The Edina City Engineer is hereby designated as the engineer for this improvement.
The City Engineer shall prepare plans and specifications for the making of such
improvement.
3. The City Engineer is hereby authorized to advertise and take bids for Improvement No.
B-096 installation of concrete curb and gutter on West 56th Street between Oaklawn
and Park Place and Brookview Avenue between Woodland Road to West 56th Street.
BE IT FURTHER RESOLVED, by the Edina City Council:
I
Adopted this 6th day of July, 1999. Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold
Resolution adopted.
PUBLIC HEARING WEST 76m STREET AND EDINBOROUGH WAY TRAFFIC SIGNAL
Affidavits of Notice were presented, approved and ordered placed on file.
Presentation by Engineer
Engineer Hoffman explained the hearing had been continued from May 17 and June 15,1999.
CONTROL SYSTEM IMPROVEMENT NO TS-27 CONTINUED UNTIL AUGUST 3,1999
Engineer Hoffman reviewed that the proposed signal was not a part of the master plan for
Centennial Lakes. However, after completion of the Edinborough Townhomes and
Centennial Lakes Townhomes, staff received many resident calls requesting the City install a
traffic signal at West 76fl1 Street and Edinborough Way. The traffic signal was not warranted
until the addition of the new office buildings. The proposed total traffic volumes from the
existing properties and the new office buildings now justify the installation.
Engineer Hoffman added the new installation would not enhance the traffic flow along West
76th Street. West 76fl1 Street is a major planned arterial roadway running parallel to 1-494 and
is meant to serve intra-community and nearby community non-freeway trips. Edina, along
with Bloomington and Richfield have participated in the integrated corridor management
system of 1-494. The proposed signal would be a safety improvement benefiting nearby
properties using the intersection for access to their properties.
Engineer Hoffman stated that the townhome association surveyed their residents. He noted
that most responses from neighbors indicate that they believe no assessment should occur to
their property but only to the office property.
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Minutes/Edina City CouncMulv 6,1999
Engineer Hoffman added the estimated project cost of $154,260.00 couId be split as follows
and assessed over three years:
50% - State Aid
25% - Office Assessment
25% - Adjacent Neighborhood Townhomes and Cooperatives
At Council's request staff completed a 48 hour volume count on the intersection. The results
of the raw data counts were:
Westbound West 76th Street 7273 average daily traffic
Eastbound West 76th Street 5905 average daily traffic
Southbound Edinborough Way 455 average daily traffic
Northbound Edinborough Way 2131 average daily traffic
Engineer Hoffman noted that if the West 76th Street volumes are added together and factored
for time taken during the week and month/ the numbers are very similar to what was on 76%
Street in 1997. He said this indicated that the average annual daily traffic (AADT) has been in
the 10,000 to 11,000 range before Centennial Lakes offices, but certainly the offices do add an
increment of volume.
Upon staff's review of existing and projected conditions, it would appear that the signal is
going to be necessary although staff believes it will disrupt the "through flow" on West 76th
Street.
Engineer Hoffman said residents fairly strongly believe that "someone else" should finance
the improvement, although a considerable number perceive this improvement as necessary
for public safety. A poll of the public safety zone officers from the Edina Police believe a
traffic signal is needed.
Staff recommends approval of the project and also recommends a final decision be made on
the split of the assessment at the special assessment hearing. Current information would
suggest those north of West 76th Street do not favor assessment, but very few comments have
been received from Edinborough Townhomes suggesting that special assessment of a smd
portion may be appropriate.
Member Hovland asked how much each property owner would be assessed. Engineer
Hoffman responded that each property would be assessed $55.00 spread over three years.
Maetzold asked if the office building had always been in the plan for the area. Engineer
Hoffman replied that originally the office budding was larger with a higher density. He
added this installation is a safety issue. Fourteen years ago it was thought that cars would
stay on freeways, however, now drivers are being encouraged to find alternate routes via
arterial roadways.
Member Faust commented that she drove through the area during rush hour and noticed a
backup of traffic from McDonalds' almost to 76th Street. She asked if this would be a problem.
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MinutesBdina City Council,&& 6,1999
Member Kelly said he had the same observation. He asked if installation of the signal was
imperative. Engineer Hoffman agreed that the fewer signals in a corridor the better the flow
of traffic. However, in his opinion the proposed signal is needed to allow time for safe
turning movements.
Member Faust asked if the new office development when built will further reduce the
individual cost of the assessments. Engineer Hoffman explained the office property had
already been factored into the assessment rolls. However, he suggested the Council could
order the installation of the light and decide how to assess the cost at the special assessment
hearing in the fall. They could also decide to pay the entire cost out of the City’s gas tax if
they so choose.
Public Comment
Joseph Jessup, 7540 Edinborough Way, explained he was representing the Village Homes for
A1 Maier, Association President, who was out of town. Mr. Jessup said he assumed the
Council has seen the survey responses from the townhomes. He noted that 51.2% residents’
survey responded. Of the respondents 55% did not think a light was necessary and 41%
thought it was needed. In addition, 34% would accept an assessment for the light’s
installation, but 69% wanted to wait and see. Mr. Jessup concluded the prevailing opinion of
the residents is that there is a traffic problem caused by the office development so they
should not have to pay to resolve the problem. He pointed out that a common survey
comment was that the 1989 model showed no commercial development which has
contributed heavily to the traffic. Mr. Jessup noted that a resident had researched the City
Council meeting minutes from March 16, 1998, which stated, ”. . .Member Hovland questioned
the cost of the frafic semaphore on Edinborough Way and 76fJz Sfreet and $the frafic lights at the
‘McDonald‘s’ corner would be borne by United Properties. Brian Carey answered United Properties,
along with the developer of the Centennial Lakes Retail Center, will pay for the Edinborough Way and
76fIl Sfreet light in its enfirefy. The City’s policy is when the intersection is created by two privafe
drives, it is the developers responsibility to pay for it. When an intersecfion is made up of public
roadways, if is the City’s responsibility. Engineer Hofian clarified that part of fke cost of the signal
could be assessed back to property owners.. . .” Mr. Jessup suggested Mr. Carey be contacted and
asked to pay for the light. He added that he did not agree the West 76th and Edinborough
Way light could be compared to the light installed on Cornelia. Mr. Jessup also stated that
many residents believe a protected left hand turn should be installed at West 76th and York.
Council Discussion/ Action
Member Hovland commented that the light seems to be a safety issue as determined by
experts. He said it appears from the quoted minutes that the developer of the office needs to
be contacted again. Member Hovland suggested postponing a decision on the assessment
allocation and ordering the light installed.
Member Faust said she did not think it would be known until after the office is fully
developed how necessary the light would be. She suggested waiting until after the final
building is completed before making a decision to install a light.
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Minutes/Edina Citv Council/Tuly 6,1999
Member Kelly stated he was troubled by the dichotomy of improving traffic flow and
improving safety. He added he was always hesitant when residents say I think there should
be a light, but I am not willing to help pay for it’s installation. Most compelling also was Mr.
Carey’s comment quoted from the March 16, 1998, minutes stating that Mr. Carey’s firm
would pay for the entire installation.
I
Mayor pro tem Maetzold asked how significant a safety issue is the light installation.
Engineer Hoffman replied that he brought the issue before the Council because it is a safety
issue. The tirning is right to build the light. He noted that his recommendation to install the
light was based upon what the police officers and staff see in the area.
Member Kelly asked what would happen to the City if they do not install the light and an
accident occurs. Attorney Gilligan replied that cities have legislative immunity in this kind
of situation. He reminded the Council that a 4/5 vote is needed for this project because it
was staff initiated. He added that he believed the office developer would need to be re-
notified before a larger amount could be assessed to them because the original notice had
stated the 25% amount suggested by staff.
Member Kelly suggested that the matter be held over and the Engineer contact Mr. Carey.
This would also allow renotification if it was determined to be legally necessary.
Motion by Member Kelly to continue the Public Hearing for Traffic Control System
Improvement TS-27 West 76th Street and Edinborough Way until August 3, 1999; and
directing the City Engineer to contact the developer of the office building, Brian Carey
regarding his contribution to pay the cost of the installation. Member Faust seconded the 2
motion.
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
HEARING DATE OF 20,1999, SET FOR PLANNING MATTERS Member Faust said
she removed this item from the Consent Agenda for clarification. Manager Hughes explained
because the Independence Day holiday moved up the publication deadline for the paper,
staff was forced to publish the hearings before the Planning Commission’s meeting. The
Planning Commission recommended denial of both item. Therefore, both item may be
before the Planning Commission again with revised plans, However, at this time it is not
known if the applicants intend to continue with their original plans before the Council July
20,1999, so the best action is to set the hearing date.
Motion made by Member Faust setting July 20,1999, as hearing date for planning matters:
1. Preliminary Plat Approval of High Point of Edina, Harold Hagen, Generally
2. Preliminary Plat Approval for Waterman Addition, Waterman Partners, 6525
located south of 66th Street and each of Normandale Road
Waterman Avenue. Member Hovland seconded the motion. I Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
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Minutesmdina CiW Council/Tuly 6,1999
“BID AWARDED CONTRACT 99-4 STREET IMPROVEMENTS NO. A-184, A-185, A-186,
A-187, AND A-I88 Motion made by Member Kelly and seconded by Member Hovland for
award of bid for Street Improvements No. A-184, A-185, A-186, A-187, A-188, to
recommended low bidder, Midwest Asphalt Corporation at $789,727.30.
Motion carried on rollcall vote - four ayes.
“BID AWARDED FOR 2 3/4 CUBIC YARD ARTICULATED LOADER Motion made by
Member Kelly and seconded by Member Hovland for award of bid for 2 3/4 cubic yard
articulated loader to recommended low bidder, St. Joseph Equipment under State Contract
422446 at $46,497.94.
Motion carried on rollcall vote - four ayes.
“BID AWARDED FOR INSURANCE RENEWAL: EQUIPMENT, PUBLIC OFFICIALS,
POLICE PROFESIONAL, AUTO, GENERAL LIABILITY INCLUDING LIQUOR AND
EMPLOYEE BENEFIT AND WORKERS’ COMPENSATION Motion made by Member
Kelly and seconded by Member Hovland for award of bid for equipment, public officials
liability, police professional, auto, general liability including liquor and employee benefit
and workers! compensation insurance to sole bidder, St. Paul Companies at $446,983.
Motion carried on rollcall vote - four ayes.
“BID AWARDED FOR PROPERTY INSURANCE RENEWAL Motion made by Member
Kelly and seconded by Member Hovland for award of bid for property insurance to sole
bidder, Travelers Insurance at $41,679.
. Motion carried on rollcall vote - four ayes.
TRAFFIC SAFETY STAFF REVIEW - SECTION B.2 DECISION UPHELD Traffic Safety
Coordinator Bongaarts explained the Traffic Safety Staff Review Section B.2 was continued
from the June 15, 1999, Council meeting. Residents were notified to be in attendance to
discuss the Traffic Safety Committee’s recommendation for denial for STOP signs on Mirror
Lakes Drive at Ayrshire Boulevard because no new evidence of any problems or warrants
were found. Coordinator Bongaarts commented no residents were in attendance to speak to
the issue. Manager Hughes suggested the concerned residents be contacted about their
intentions.
Member Kelly made a motion to uphold the Traffic Safety Staff Review Section B.2
decision of denial for STOP signs on Mirror Lakes Drive at Ayrshire Boulevard as no new
evidence of problems or warrants exist. Member Hovland seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
*RESOLUTION APPROVED - NO PARKING ANY TIME ON TRACY AVENUE
PARKING BAY AT COUNTRY SIDE SCHOOL Motion made by Member Kelly and
seconded by Member Hovland introducing the following resolution and moving its
approval:
RESOLUTION
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Minutesfidina Citv Council/Tulv 6,1999
RELATING TO PARKING RESTRICTIONS ON
S.A.P. 120-152-11 FROM BENTON AVENUE TO COUNTRYSIDE ROAD
IN THE CITY OF EDINA, MINNESOTA
THIS RESOLUTION, passed this 6uI day of July, 1999, by the City of Edina in
Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the
Tity" WITNESSETH
WHEREAS, the I'City" has planned the improvement of MSAS 152, Tracy Avenue
from Benton Avenue to Countryside 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 therefore be conditioned upon certain parking restrictions;
NOW, THEREFORE, IT IS THEREBY RESOLVED, that the "City" shall ban the
parking of motor vehicles on the west side of MSAS 152, Tracy Avenue from Benton
Avenue to Countryside Road, at all times, except for parking bay.
Dated this 6th day of July, 1999.
Motion carried on rollcall vote - four ayes.
*RESOLUTION AUTHORIZING MANAGER TO EXECUTE ASSURED CARE
PROVIDER CONTRACT WITH HENNEPIN COUNTY FOR 1999 - 2000 Member Kelly
introduced the following resolution seconded by Member Hovland
RESOLUTION
AUTHORIZING ASSURED CARE PROVIDER
CONTRACT NO. A10219 WITH HENNEPIN
COUNTY 1999 - 2000
WHEREAS, Hennepin County, on behalf of the City of Edina Fire Department wishes to
include the Edina Fire Department Ambulance as a member of the Hennepin County
Assured Care Provider Network; and
WHEREAS, the Edina Fire Department wishes to provide services to participants in the
Hennepin County Assured Care program.
NOW, THEREFORE BE IT RESOLVED, by the Edina City Council, that the City Manager
is hereby authorized and directed to execute Hennepin County Contract No. A10219 on
behalf of the City of Edina Fire Department.
Adopted this 6th day of July, 1999.
Motion carried on rollcall vote - four ayes.
I
"INFLOW/INFIL TRATION SUMP PUMP INSPECTION PROGRAM LETTER
AUTHORIZED FOR DISTRIBUTION Motion made by Member Kelly and seconded by
Member Hovland authorizing distribution of a Inflow/infiltration Sump Pump Inspection
Program Letter to property owners who have failed inspections and not corrected he
problem to the best of staff's knowledge.
Motion carried on rollcall vote - four ayes.
RESIDENTIAL PARKING BAY REVIEW REPORTED Assistant Engineer Houle reported
the review occurred since there are many street improvement underway on residential street
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MinutesBdina Citv Council/Tulv 6,1999
where some homeowners have carved out or paved over City boulevards to create additional
parking space. After reviewing the issue with the Planning and Police Departments and the
City Manager, the Engineering Department recommends the unapproved bays be removed
whenever a new street project occurs, as a matter of policy. Staff believes this will reduce the
use of public boulevards as "parking lots." The City Code that exists is a good community
policy. Another reason to eliminate unapproved paved parking surfaces, is the additional
run-off of stormwater. The more run-off per lot that occurs, the greater the flooding risk is in
low areas.
Resident comment
Joe Blair, 5137 Bedford, submitted a letter in April regarding his parking bay that has been in
place since 1976. Upon speaking to the Planning Department a few years ago, he was told
while it is not legal, they understood the problem with no place to park all their vehicles. He
pointed out other areas in the City where vehicle parking is not complying with the Code. He
asked for consideration with his parking problem.
Member Kelly made a motion adopting staff's recommendation to continue current Code
requirements which prohibits parking within fifteen feet of traveled portion of roadway
in single family or double residential zones. Member Faust seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
APPROVAL GRANTED TO DRAFT OF PROPOSED COMMUNITY SURVEY Assistant
Manager Anderson presented a draft of the community survey that Decision Resources
prepared for the City. The survey consists of 110 questions that will assess the opinions of
City of Edina residents in four areas:
QUALITY OF LIFE: How satisfied are residents with their lives in Edina? What are the needs
of the community? What services and facilities serve the community well? Are there any
priorities for specific services or facilities? Should any services or facilities be terminated?
FUTURE SCENARIOS: What should the community be like in the year 2010? What trade-offs
are residents willing to accept to achieve these ends? What are the challenges and barriers
toward these goals?
CHANGING CITY DEMOGRAPHICS: Does the current population profile suggest policy
changes for the long run? Among newer residents, what characteristics attracted them to the
City? What are the major community values the older residents want to maintain in the
future?
PARK/PUBLIC FACILITY OPTIONS: Awareness of park facilities - Rating of park facility
options within the City - are there any park facilities missing? Would the community favor
construction of a community center? Would the community center be supported if property I taxes were increased to pay for operation and construction.
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Minutes/Edina CiW Council/Tulv 6,1999
Assistant Manager Anderson noted that copies of the survey have been circulated to the
school district, the Chamber of Commerce and the Hoisington Koegler Group, for comment.
Decision Resources would begin surveying immediately and bringing results back the first
week in August. This would allow Council to receive the results by the second August
meeting.
Council comment:
Member Kelly commented the survey is good and thorough.
Member Faust asked the cost of the survey. Assistant Manager Anderson said approximately
$10,000.
Member Hovland inquired whether residents would take the time on the phone to answer
the surveyor. Assistant Manager Anderson said when the comm7ity is involved, residents
will take the time to be responsive. Manager Hughes said this is not an unusually long
questionnaire for a City, but it is thorough. Assistant Manager Anderson said Decision
Resources is very customer oriented and will be accommodating with times to acquire
responses from the residents.
Member Faust inquired whether it was a random survey. Assistant Manager Anderson said
Decision Resources will call approximately 400 residents and if a cross-section of I demographics needed for a qualified survey Ad not reached, they will continue surveying
until the demographics are met.
Member Kelly said he noted no housing options for the elderly were mentioned and could
there be a better way to address these. He also noted no mention of basketball/volleyball
courts or gymnasiums, Assistant Manager Anderson said they tried to look at more facilities
operated by the City versus facilities operated by the school district.
Mayor pro tem Maetzold asked if the survey is being based on things only the City does, he
voiced concern with what is being missed. Assistant Manager Anderson said the basketball
programs are operated wifhin the existing school facilities. Staff wanted to review what is
operated by the City and leave question #84 open for additional questions that might come
forward. Manager Hughes said the circulated copies of the survey did not elicit responses,
but a question could be included referring to gymnasiums/performjng arts.
Mayor pro tern Maetzold said the survey firm should be questioned about whether there is a
paradigm as a whole or should we be getting into school related questions. Assistant
Manager Anderson said the survey was built off the community meeting held on April 15,
1999, but could be expanded upon.
I Member Kelly noted they would like to know what the rest of the community that did not
attend the meeting think. He would like to know how good the services are that are already
provided but are there services that should be provided. If the response is that it is a school
district responsibility, it can go to the school district.
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MinutesBdina City Counciwulv 6,1999
Mayor pro tem Maetzold said based upon the discussion; maybe the word 'community' of
Edina should replace the 'City' of Edina within the survey. He said maybe the community
center could be referred to as an activity center to alleviate confusion as well.
Member Hovland asked if the survey was thinking far enough into the future. He further
thought a question should be included about thoughts on the quality of the educational
system as well as a continued commitment to quality infrastructure. He further questioned
questions dealing with self-assessment and whether it had anything to do with Vision 20/20.
Manager Hughes said one of the best ways to have people articulate their vision of the future
is to ask them to rank the present. If the present is not what it ought to be, they are saying
what the future ought to be. He asked for help defining activity center.
Following a brief Council discussion, 'Activity Center' was defined as containing a Senior
Center, Library, Performing Arts Center, Gymnasiums, Physical Fitness Center, and is a place
where people come together and perform activities.
Mayor pro tem Maetzold called for resident comment. None was forthcoming.
Member Hovland made a motion approving the draft of the proposed community survey
with noted changes. Member Faust seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold I Motion carried.
RESOLUTION APPROVING ANNEXATION OF MN/DOT PROPERTY FROM
BLOOMINGTON TO EDINA FOR BRAEMAR FRONTAGE ROAD Engineer Hoffman
explained MnDOT is completing a renovation of the TH 16911-494 interchange. Bloomington
and Edina have agreed that a frontage road should be constructed to tie West 78th Street into
the Valley View Road interchange at Highway 169. Edina needs the frontage road located
within its corporate boundary limits to be able to fund the construction from the municipal
state aid funds. Engineer Hoffman reported Bloomington has agreed to the annexation and
will take the necessary action for it to be completed. He stated the Council needs to adopt a
resolution annexing the land that will be forward to the Metropolitan Council's Office of
Strategic and Long-Range Planning.
Following a brief Council discussion, Member Faust introduced the following resolution
and moved its approval:
RESOLUTION
EXPRESSING THE CITY OF EDINA'S DESIRE TO
DETACH CERTAIN LAND FROM BLOOMINGTON FOR
CONCURRENT ANNEXATION TO EDINA
WHEREAS, the City Council of the City of Edina is the official governing body of the City
of Edina; And
WHEREAS, the City Council finds that certain property now located in the City of
Bloomington, County of Hennepin, State of Minnesota, described in Exhibit A (the "West
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Minutes/Edina CiW Council/luly 6,1999
7Sth Street Property") which is attached hereto and made a part hereof, abuts the City of
Edina and is properly subject to concurrent detachment and annexation by resolutions of
the two councils of the two municipalities pursuant to Minnesota Statutes Section 414.061;
and
WHEREAS, it is the desire of the City of Edina that the West 78th Street Property described
in Exhibit A be concurrently detached from the City of Bloomington and annexed to the
City of Edina; and
WHEREAS, this resolution is contingent upon adoption by the City Council of the City of
Bloomington of a resolution approving the concurrent detachment and annexation of the
property as provided above;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina in
regular meeting assembled. That the above-described concurrent detachment and
annexation be effective upon the issuance of the order of the Office of Strategic and Long-
Range Planning or at such later date as provided by the Office of Strategic and Long-
Range Planning in its order.
Exhibit A
PROPOSED PROPERTY DESCRIPTION (A)
Those parts of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter
of the Northwest Quarter of Section 18, Township 116, Range 21, Hennepin County,
Minnesota, described as beginning at the southeast corner of Lot 3, Block 1, BRAEWOOD
PARK, according to the plat thereof on file or of record in the office of the Registrar of
Titles in and for said Hennepin County; thence South 1 degree 07 minutes 04 seconds East,
assumed bearing, along the southerly extension of the east line of said Lot 3, a distance of
60.52 feet to a line 60.00 feet southerly of and parallel with the southerly line of said Lot 3;
thence westerly, parallel with said southerly line of Lot 3 and its westerly extension, a
distance of 890.11 feet along a non-tangential curve concave to the north having a radius of
7549.44 feet, a central angle of 6 degrees 45 minutes 20 seconds and a chord that bears
South 84 degrees 47 minutes 50 seconds West; thence South 88 degrees 10 minutes 30
seconds West tangent to said curve a distance of 198.39 feet; thence North 1 degree 49
minutes 28 seconds West a distance of 9.74 feet; thence northwesterly a distance of 199.37
feet along a non-tangential curve concave to the northeast having a radius of 958.00 feet, a
central angle of 11 degrees 55 minutes 27 seconds and a chord that bears North 74 degrees
51 Minutes 34 seconds West, to a southerly line of said plat of BRAEWOOD PARK having
a bearing of South 88 degrees 00 minutes 39 seconds East; thence South 88 degrees 00
minutes 39 seconds East, along said southerly line of BRAEWOOD PARK, a distance of
117.44 feet to an angle point in said southerly line of BRAEWOOD PARK; thence North 88
degrees 10 minutes 30 seconds East, along said southerly line of BRAEWOOD PARK, a
distance of 271.57 feet to a point of curvature in said southerly line of BRAEWOOD PARK;
thence easterly a distance of 890.90 feet, along the southerly line of Lots 1,2 and 3, said
Block 1, BRAEWOOD PARK, along a tangential curve concave to the north having a
radius of 7489.44 feet and a central angle of 6 degrees 48 minutes 56 seconds to the point of
beginning.
PROPOSED PROPERTY DESCRIPTION (B)
Those parts of Lot 1, Block 2, CISKOVSKY'S ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, and the Northwest Quarter of the Northwest
Quarter of Section 18, Township 116, Range 21, said Hennepin County, described as
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MinutesEdina Citv Council/Tulv 6,1999
beginning at the northeast corner of said Lot 1; thence South 0 degrees 45 minutes 30
seconds East, assumed bearing, along the east line of said Lot 1, a distance of 245.99 feet;
thence North 55 degrees 28 minutes 52 seconds West a distance of 156.63 feet; thence
northwesterly a distance of 211.76 feet along a tangential curve concave to the northeast
having a radius of 433.00 feet and a central angle of 28 degrees 01 minute 14 seconds to the
north line of said Northwest Quarter of the Northwest Quarter of Section 18; thence North
89 degrees 58 minutes 30 seconds East, along said north line of the Northwest Quarter of
the Northwest Quarter of Section 18, a distance of 264.64 feet to the point of beginning.
Adopted this 6th day of July, 1999.
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
RESOLUTION APPROVING SIGNATORY RESOLUTION Member Faust said she
removed the signatory resolution from the consent agenda for modification. She asked that
the statement "including the signer or signers of the check" be changed to read "signers of
the check".
Member Faust introduced the following resolution and moved its adoption:
SIGNATORY RESOLUTION
BE IT RESOLVED that persons holding office as Mayor pro tem, Manager and Treasurer
of the City of Edina, be and they hereby are authorized to act for this municipality in the
transaction of any banking business with U.S. Bank (National Association (formerly
known as first Bank National Association), Excel Bank (formerly known as Americana
State Bank of Edina), Fidelity Bank, Norwest Bank Minnesota NA, Richfield Bank and
Trust Co., National City Banl$3outhdale Office and Western Bank (hereinafter referred to
as the "Bank") from time to time and until written notice to any Bank to the contrary, to
sign checks against said accounts, which checks will be signed by the Mayor pro tern,
Manager, and City Treasurer. Each Bank is hereby authorized and directed to honor and
pay any checks against such account if signed as above described, whether or not said
check is payable to the order of, or deposited to the credit of, any officer or officers of the
City, including the signers of the check. Member Kelly seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
*RESOLUTION APPROVING FOR FACSIMILE SIGNATURES Member Kelly
introduced the following resolution, seconded by Member Hovland
RESOLUTION AUTHORIZING USE OF
FACSIMILE SIGNATURES BY PUBLIC OFFICIALS
RESOLVED that the use of facsimile signatures by the following named persons:
DENNIS F. MAETZOLD
GORDON L. HUGHES City Manager
JOHN WALLIN Treasurer
Mayor pro tem
on checks, drafts, warrants, warrant-checks, vouchers or other orders of public funds
deposited in U.S. Bank National Association (formerly known as First Bank National
Association), Excel Bank (formerly known as Americana State Bank of Edina), Fidelity
Bank, Norwest Bank Minnesota NA, Richfield Bank and Trust Co., National City
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7 Minutes/Edina CiW Council/Tulv 6i 1999
Bank/Southdale Office and Western Bank, be and hereby is approved, and that each of
said persons may authorize said depository banks to honor any such instrument bearing
his facsimile signature in such form as he may designate and to charge the same to the
account in said depository bdc upon which drawn as fully as though it bore his manually
written signature and that instruments so honored shall be wholly operative and binding
in favor of said depository bank although such facsimile signature shall have been affixed
without his authority.
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Adopted this 6th day of July, 1999.
Motion carried on rollcall vote - four ayes.
METROPOLITAN RADIO BOARD ANTENNA LEASE TERMS APPROVED Assistant
Manager Anderson explained at the June 1st Council meeting, staff was directed to negotiate
a lease with the Metropolitan Radio Board (MRB). Staff met with members of the County
involved in the project and had them identify the area of land they were interested in
locating the antenna and the fenced compound. The City Engineer has identified the area of
land that an access road can be constructed to the site. The following financial terms have
been agreed to:
Annual Rent: The County/MRB will pay $3,000 per year commencing on
September 1,1999, with CPI adjustments occurring annually beginning January 1,
2001. The annual rental will be waived if the City commences use of the 800 MHz
radio system.
Road Construction Costs: The County/MRB shall reimburse the City an amount
not to exceed $20,000 for construction of an access road to the antenna site.
Reimbursement for Site Location Costs: The County/MxB will reimburse the City
1/3 of the consulting costs related to the Gleason Tower/Braemar Arena South site
analysis.
Commercial Wireless Rent: The County/MRB will pay the City 50% of the rent
payments received as compensation for the use of the land or tower by commercial
wireless users.
Maintenance of the Access Road: City agrees to maintain and plow the access road
to the site.
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Staff recornmends approval of the lease terms and endorses the project as a necessary part of
providing public safety communications for the metropolitan area.
Deputy Chief Siitari submitted a letter stating that Hennepin County is making a signhcant
investment in the metro radio system. The location and elevation of the Braemar site are
critical factors needed to design a functional system. The Minnesota State, Hennepin County
Sheriff's Office and ambulance services that serve as our back-up will be using the system as
their primary communications channel. These agencies regularly operate in our City and the
proposed tower will help them provided necessary public safety services to our City and
neighboring jurisdictions.
Council comment
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Minutes/Edina CiW Council,&& 6,1999
Member Faust asked is the only tower located on City land.
John Urbach, with the Communications Division of Hennepin County Sheriff's Offices, said
they have multiple antennas on County land. They will lease space in Rogers and Maple
Plain as well. Member Faust asked what the City of Rogers will be paid for the leased land.
Mr. Urbach said $3,000 per year to locate the shelter on the property. Member Faust said if
the City locates their 800 MHz system on the County antenna will their lease stop. Mr.
Urbach explained as is the case in many areas the Hennepin County Sheriff's office is the 911
calling point and dispatch center for agencies in the area. The lease rents would stay.
Assistant Manager Anderson said the reason it would be taken away is that we do our own
dispatching.
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Member Kelly asked if other communities pay for access to the 800 MHz system. Rents
would stop because we would need to put up a microwave dish on our tower or build an
additional tower to do that. Member Kelly asked what the lease is in Maple Plain. Mr.
Urbach said the negotiated rate is $10,000 per year for use of their water tower and land.
Equipment necessary in the area would exceed the water tower use and they would lose out
on other commercial revenues. Assistant Manager Anderson said if they co-located on the
Gleason tower, we would have negotiated a higher rate because of depreciation to the tower.
Member Hovland asked for comments on commercial wireless rent. Mr. Urbach has been in
contact with commercial carriers and if the Council approves the site, they might be
interested, The area is established with existing 120-150 cell sites and the perception is the
area is saturated. With company growth more requests might come in for the site in the
future. Assistant Manager Anderson said when companies five year capital plans are
expended there may be more interest in the site. Member Hovland asked if there are any
prospects for commercial use at this time. Mr. Urbach said there are no prospects at this time.
Member Hovland asked if alternative revenue sharing has been considered. Assistant
Manager Anderson said this has not yet been discussed.
Member Kelly said there are a number of cities tapping into the 800 MHz system; with 15 - 20
cities participating we would be able to obtain an average cost of tapping into the system. We
would then abate the rent up to the point of that average cost. Roger Lawrence,
Communications Manager from Hennepin County, said the project would cost
approximately 37 million dollars and 37 cities would be coming on the system. To connect to
the 911 center, it would cost $200,000 to make the microwave connection and would be
financed on a leaseback with the County. He concluded the County's investment per city
would be between $200,000 and a million dollars. Member Hovland asked who would be a
prospect to use the tower for their 800 MHz system. Mr. Lawrence said the County has
invited all municipalities, school districts, and special districts (airport commission and
University of Minnesota, Hennepin Parks) to use the system. Member Hovland asked if
everyone is charged to use the system. Mr. Lawrence explained the County does not charge
back the capital construction costs of the system nor operating costs. In addition, cities are
not charged for their 911 calls service. Cities are asked to pay for their mobiles and portables
and the County is willing to purchase those on a long term rental agreement method. With
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MinutesEdha Citv CouncivTulv 6,1999
self dispatched cities, they are asked to pay for the dispatching console equipment and
connection to the nefwork ($200,000). Member Hovland asked if $3,000 could not be waived
if the City does not get commercial rent equal to our lease amount. Mr. Lawrence believes
language can be worked out that would accomplish this. Two things would need to happen
in order for the $3,000 to be forgiven; 1) the City would need to commence using the system
and 2) within the City's 50%, or there would need to be a gross of $6,000.
Member Faust voiced concern that Edina is contributing an 80 X 80 plot of land and are
supposed to pay 1/3 of consulting costs and maintenance for the access road as well as
construction costs for the access road. The other communities using it are paying nothing.
She believes Edina is paying a disproportionate share. Assistant Manager Anderson said the
County is reimbursing us for the cost of the road and for 1/3 of cost of consultants fees for
the Gleason site.
Member Kelly said he would amend the terms if there was no abatement of the $3,000 lease.
Mr. Lawrence said he has to go back and sell it to the County Board.
Member Kelly made a motion to approve the Metropolitan Radio Board antenna Lease
Terms as amended to include the removal of any abatement of $3,000 rents. Member Faust
seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
MAYOR'S VACANCY Attorney Gilligan indicated State Statutes require the Council to
appoint a mayor. He noted that if a mayor is appointed August 1,1999, the person will serve
as mayor for the remainder of the term until December 31,2000. However, effective August
1,1999, the law was amended to allow City Council to hold a special election before the next
State General Election in November 2000. Under the new law an appointed mayor would
serve until special election. Whoever won the special election would then serve the
remaining mayor term until December 31,2000.
Attorney GiUigan also noted that his memo outlined the procedure if a majority vote is not
achieved by the Council. If there is a tie vote, the Mayor pro tem shall make the appointment.
He added that if a Council Member is appointed to fill out the mayoral term, the same
procedure would apply to fill the Council seat. In addition, if a Council Member is appointed
as mayor, that Member gives up their Council seat.
The Council briefly discussed the pros and cons of holding a special election versus
appointing a mayor and or council member. They agreed to gather constituent feedback and
discuss the issue at the July 20,1999, meeting.
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REOUEST RECEIVED FROM ENERGY CENTS COALITION TO ADOPT AFFORDABLE
ENERGY RESOLUTION Pam Marshall from the Energy Cents Coalition explained her letter
of June 15,19999, requesting Council's support of universal service support in a deregulated
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Minutesmdina Citv Council/fuly 6,1999
electric utility market. Following a brief discussion, Council consensus was to pass on the
request and possibly look at the request in the future.
"RECEIPT OF COMPREHENSIVE 1998 ANNUAL FINANCIAL REPORT (CAFR)
ACKNOWLEDGED Motion made by Member Kelly and seconded by Member Hovland
acknowledging receipt of the 1998 Comprehensive Annual Financial Report (CAFR).
Motion carried on rollcall vote - four ayes.
CLAIMS PAID Motion made by Member Kelly approving payment of the following
claims as shown in detail on the Check Register dated June 30,1999, and consisting of 53
pages: General Fund $686,653.38; C.D.B.G. $19.50; Communications $43,808.94; Working
Capital $10,311.50; Art Center $18,254.97; Golf Dome Fund $13,140.34; Swimming Pool
Fund $32,190.22; Golf Course Fund $71,561.63; Ice Arena Fund $6,263.29;
Edinborough/Centennial Lakes $19,081.93; Utility Fund $294,657.96; Storm Sewer Utility
Fund $2,989.85; Liquor Dispensary Fund $270,222.48; Construction Fund $15,406.99; Park
Bond Fund $14,696.00; 1-494 Commission $328.00; TOTAL $1,499,586.98; and for
confirmation of payment of the following claims as shown in detail on the Check Register
dated July 2,1999, and consisting of 3 pages: General Fund $458,306.12; Working Capital
$394.13; Swimming Pool Fund $165.08; Edinborough/Centennial Lakes $500.00; Liquor
Dispensary Fund $80,526.69; TOTAL $539,891.69. Member Faust seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold
Motion carried.
There being no further business on the Council Agenda, Mayor pro tern Maetzold adjourned
the Council Meeting at 10:25 P.M.
\ 0 City Clerk
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