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HomeMy WebLinkAbout19990817_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL August 17,1999 - ZOO P.M. OATH OF OFFICE ADMINISTERED Clerk Mangen administerec, the Oath of Office to Dennis F. Maetzold to serve as Mayor of the City of Edina for the un-expired term to January 1,2001. ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, and Mayor Maetzold. CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by Member Faust approving the Council Consent Agenda as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. *MINUTES OF THE REGULAR MEETING OF AUGUST 3,1999, APPROVED Motion made by Member Hovland and seconded by Member Faust approving the Minutes of the August 3,1999, Regular Council Meeting. Motion carried on rollcall vote - four ayes. RESOLUTION ADOPTED ORDERING WEST 76TH AND EDINBOROUGH WAY TRAFIC SIGNAL CONTROL SYSEM IMPROVEMENT NO TS-27 Affidavits of Notice were presented, approved and ordered placed on file. Engineer Hoffman explained this hearing was a continuation of the May 17, June 15, and July 6,1999, public hearings. Staff sent new notices to the office development properties. The proposed signal was not a part of the master plan for Centennial Lakes. Mr. Hoffman reported that after completion of both Edinborough townhomes and Centennial Lakes townhomes, staff received many calls asking the City to install a traffic signal at West 76th Street and Edinborough Way. However, a traffic signal was not warranted. Now, the proposed total traffic volumes from the existing properties and the new office buildings justify the installation. The installation will be similar to the driveway signal at Office Buildings 1 and 2, and does not enhance the traffic flow along West 76th Street. Mr. Hoffman reiterated that West 76th Street is a maior planned arterial roadway running parallel to 1-494; and is meant to serve the intra and nearby communities with non-freeway trips. Edina along with Bloomington and Richfield have participated in the integrated corridor management system of 1-494. This proposed signal is a safety improvement benefiting nearby properties using the intersection for access to their area. Mayor Maetzold called for public comment. No one appeared to comment. Member Kelly introduced the following resolution and moved its adoption: Page 1 MinutesEdina Citv Council/Aumst - 17,1999 RESOLUTION ORDERING WEST 76m STREET AND EDINBOROUGH WAY TRAFFIC SIGNAL WHEREAS, the Edina City Council on the 3RD day of May, fixed a date for a Council hearing on the proposed skeet light installation, Improvement No. TS-27 and WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing was given, and the hearing was held thereon on the 17th of May, 1999, and continued to June 15, July 6, and August 17, 1999, for Improvement TS-27 installation of Traffic Control Signals at West 76th Street and Edinborough Way, at which 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 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. TS-27 installation of Traffic Control Signals at West 76& Skeet and Edinborough Way. BE IT FURTHER RESOLVED that Improvement No. TS-27 installation of Traffic Control Signals at West 76th Street and Edinborough Way is hereby ordered as proposed. Adopted this 17th day of August, 1999. CONTROL IMPROVEMENT NO. TS-27 Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Resolution adopted. VARIANCE FOR ST. STEPHENS CHURCH, 4439 WEST 50m STREET DENIED Motion made by Member Hovland and seconded by Member Faust introducing the following resolution and moving its adoption:. RESOLUTION WHEREAS, the Edina Zoning Board of Appeals on the 15th of July did review and unanimously approved the request for a variance to allow installation of an air conditioner in a non-conforming location, and WHEREAS, the neighboring property owners did appeal the aforementioned variance within the prescribed time to the Edina City Council; and WHEREAS, the Edina City Council held a public hearing where the appellant was allowed to state his request and public testimony was taken. NOW, THEREFORE BE IT RESOLVED, that the Edina City Council denies the requested variance to allow the installation of an air conditioner in a non-conforming location. Motion carried on rollcall vote - four ayes. PRELIMINARY PLAT APPROVED FOR WATERMAN ADDITION, WATERMAN PARTNERS (6525 WATERMAN AVENUE) Affidavits of Notice were presented, approved and ordered placed on file. Presentation Bv Planner Page 2 Minutesfidina City CounciVAuast - 17,1999 Planner Larsen stated that the subject property is a developed single dwelling property measuring 2.3 acres in area. The properv is improved with a single dwelling home and two accessory structures located in the northwesterly portion of the propbrty. The owner has applied for a subdivision that would remove the existing structures, dedicate a new public street and plat six new single dwelling homes. Mr. Larsen noted that staff reviewed the six- lot subdivision and recommended the number of lots be reduced and the cul-de-sac shortened. Mr. Larsen explained that the Planning Commission heard and denied the six-lot plat at its June 30,1999, meeting. Mr. Larsen said the proponent, Bob Schmidt, and his representative Kathy O'Connell, presented a revised five-lot plat to the Manning Commission at their meeting on July 28, 1999. After discussing the proposed plat the Planning Commission recornended denial of the revised plat. Mr. Larsen explained the revised plat does not require any variances. He noted it meets the required neighborhood lot width of 102 feet; depth of 145 feet; and area of 17,240 square feet. The grading has been changed. Before revision, a retaining wall between 4 feet and 15 feet was needed, After the revision, the retaining wall has been reduced in height and in some sections will now be two-tiered. The revision also preserves natural vegetation. He concluded that staff would support the revised five-lot plat subject to: 1) Final Plat approval; 2) Subdivision dedication; 3) Developers Agreement; and 4) Watershed District permits. Member Kelly asked about the concerns expressed relative to Green Farms Circle over landscaping, utilities and drainage. Mr. Larsen replied that the subdivision will drain to the new cul-de-sac via a drainage swale. Member Faust asked if the Planning Commission had a chance to review the retaining wall and drainage. She asked if each owner would have an opportunity to place the retaining wall at a place of their own choosing; and if the City could legally require the retaining wall be placed per the plan for the subdivision. Mr. Larsen replied the grading plan had been refined since the Planning Commission's meeting. He added he believed the retaining wall will need to be engineered. Attorney Gilligan explained that the City could require the original wall be built per the plans, but it could not keep future owners from modifying the wall. Member Hovland asked if the City had the right to require which structural materials would be used to construct the wall. Attorney Gilligan noted that no variances are required so the City would find it difficult to enforce such requirements. Member Hovland expressed concern regarding the preservation of trees and proposed landscaping. Mr. Larsen noted that single family subdivisions have no landscaping requirements, however the City could require a conservation easement across the lots. Manager Hughes pointed out that the practice has in the past been that both neighbors and developers need trees. He noted that retaining walls as proposed are also not unusual throughout the City. Page 3 Minutesrndina City Council/August 17,1999 Proponent Presentation Kathleen O’Connell, representing Waterman Partners introduced herself and Brian Johnson of McCombs. Ms. O’Connell said that Waterman Partners are requesting approval of a subdivision requiring no variances, and meeting all requirements of Section 810. Ms. O’Connell said Waterman Addition will be a nice place to live. She explained that the developer met with the neighbors and reviewed their original thirteen-lot subdivision. After the neighbors said it was too dense they redesigned the plat into the six-lot subdivision reviewed in June of 1998 by the Planning Commission and held another neighborhood meeting. Considering the outcomes of these meetings the five-lot plat was designed. Ms. O’ConnelI pointed out that the Planning Commission denied the proposed plat due to the timeliness of the submittal. She apologized for the timing of the submission. Ms. O’Connell added that the proposed subdivision will meet a need for empty-nester housing in Edina. Public Comment Ed Finn, 4925 Green Farms Circle, expressed concern about the retaining walls and landscaping. Mr. Finn stated this plan is better than what was presented previously, however, he asked about the notice for the public hearing. Mayor Maetzold asked staff if notices had been mailed according to statute. Mr. Larsen confirmed that all notices were in compliance with code. I Bruce Peterson, 4920 Ridge Road, stated he lived on the eastern boundary of the proposed subdivision. The area has in the past had flooding problems. Mr. Peterson asked that the thirty foot drainage easement on his property be continued onto the proposed subdivision. Mayor Maetzold asked staff to respond to Mr. Peterson’s concern. Mr. Larsen said that there was a drainage swale in the plans. Mr. Hoffman added that a thirty foot drainage easement could be added to the plat noting that the Watershed District will review drainage before Final Plat is granted. Robert Hersman, 6616 Waterman Avenue, voiced concern about the drainage that will come onto Waterman from the proposed subdivision. Mr. Hersman said there is already a problem with icy winter conditions in the area. Mr. Hoffman acknowledged the area has some problems that were in his opinion partially due to drainage and partially due to winter’s cold. Mike Tomsche, 6611 Waterman Avenue, said his property borders the proposed Lot 1 of the new subdivision. M2. Tomsche commented that he believed the plan was acceptable. He stated the developer listened and attempted to work with the neighbors to find a compromise. Council Discussion/ Action Member Faust said she did not object to the plan, however, she did object to the manner is which it was presented. She felt the developer circumvented the planning process and she would personally be inclined to send them back to the Planning Commission. However, if the plan is approved, Member Faust would like to see a policy adopted that would prevent any Page 4 MinutesEdina City CounciVAugust 17,1999 similar happenings in the fuhrre. Member Faust asked if the backyards of Lots 4 and 5 would have a swale installed. Mr. Hoffman replied affirmatively that there would be a swale. Member Kelly agreed with Member Faust. He stated the more people reviewing a potential development the better to catch problems. Member Kelly said he does not want 'circumstances to arise because the Planning Commission did not have an opportunity to perform an adequate review. A policy preventing this would be a good idea. Mr. Hughes explained that such a policy could prove difficult. In some cases developers negotiate changes to proposed developments at Council meetings. For instance if the Planning Commission denies a proposal it is the developers' discretion whether or not to proceed to the Council. Changes could be made reflecting the reasons for denial and the proposal submitted to the Council. Then at the meeting, changes could be made that would allow the Council to approve the proposal. For this reason Mr. Hughes said a policy would be difficult to follow. Member Hovland said that he understood from reading the Planning Commission minutes that the five-lot proposed plat is consistent with all subdivision requirements, but the Commission was unhappy with the timeliness of the submittal not the plat. He reminded that this is the preliminary plat and noted the developer will have to come before the Council again with their final plat request. Mayor Maetzold said he can see both sides of the argument. There have been times since he served on the Council that developers have made changes during a meeting to garner the needed approval. On the other hand he believes, developers should be encouraged to submit their plans in a timely manner to allow adequate review by the Planning Commission before a decision is rendered, In this case, he would support the five-lot subdivision as presented. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO WATERMAN ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, "WATERMAN ADDITION", platted by Waterman Partners, and presented at the regular meeting of the City Council on August 17,1999, be and is hereby granted preliminary plat approval with five conditions: 1) Final Plat approval, 2) Subdivision Dedication, 3) Developer's Agreement; 4) Watershed District Permits; and 5) 30 foot drainage easement on the east side of the subdivision. Passed this 17th day of August, 1999. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Resolution adopted. I RESOLUTION ADOPTED APPROVING FINAL PLAT AND FINAL SITE PLAN SOUTH EDINA DEVELOPMENT 5m ADDITION, UNITED PROPERTIES, CENTENNIAL Page 5 Minu€es/Edina Citv CounciVAugust 17,1999 LAKES LIMITED PARTNERSHIP Affidavits of Notice were presented, approved and ordered placed on file. Presentation By Planner Mr. Larsen explained the subject property represents the final phase of the office portion of the Centennial Lakes mixed use development. The proposed building also represents the fifth and final building in the office portion of Centennial Lakes. In 1995, the City Council approved a revised Master Site Plan that called for five buildings containing a floor area of 1,080,000 square feet supported by 3,739 parking spaces. In 1998 when the City approved buildings three and four, the final building was illustrated at nine stories and 415,000 square feet. The Final Site Plan now presented for Council review is 9 stories, but with a total floor area of 215,000 square feet. This reduces the total development floor area to 880,385 square feet and reduces on-site parking to 3,523 spaces. The Zoning Ordinance requires 3,522 spaces for a development of this size. Mr. Larsen said that parking for this building will be a four level parking ramp that parks 858 vehicles. There will be approximately 14 spaces in the lowest level of the building. Because the site elevation is approximately twenty feet higher on the east end, much of the structure will be below grade from most vantage points. He pointed out that the ramp would appear to be only one level above grade viewed from the east, while from the west side and at the southwest corner all levels are at or above grade. Mr. Larsen said the development of this final building will trigger completion of the pond and park areas. The City’s HRA will undertake construction of the final portion of the pond wall and related sidewalk and landscaping. He added that the outlet for the pond is located at the southwest corner of the pond. During flood conditions the pond is designed to flow overland from this point out to Minnesota Drive. A storm water easement over this drainage area will be necessary to prevent flooding. In addition, the enclosed pedestrian way connecting buildings one and five will need to be designed so that staff can access the outlet structure for maintenance and repair. The perimeter sidewalk system will now be completed providing sidewalk access to the park along the westerly side of the ramp. Public easements are needed for these sidewalks. I Mr. Earsen noted that the perimeter landscaping for this site will continue the design existing throughout the balance of the development. This meets Zoning Ordinance requirements for landscaping. He noted receipt of a July 20,1999, letter from the Edinborough Condominium Association raising concerns regarding lighting, landscaping, and blowing dust. Mi. Larsen also informed the Council that Ms. Jean Barrett of Edinborough Way submitted two petitions on behalf of residents of the condominiums requesting additional landscaping and a change I in the lighting. Member Hovland asked who would build the pond and finish the park landscaping; if the screening south to Minnesota Drive was adequate; and expressed concern that staff ensure Page 6 Minutes/Edina City Council/August 17,1999 the lighting would be downcast. Mr. Hughes stated the HRA would finish the pond and park landscaping. Mr. Larsen explained that the proposed landscaping meets Edina’s Code requirements and that staff would review the lighting plan to ensure that it meets Code. Member Faust voiced concern regarding the proposed skyway design. She questioned how it could be built so that it could be disassembled when necessary. She also asked about the public’s access to the park if the walkway is private. Mr. Hoffman said the design of the walkway was the developer’s responsibility. Mr. Larsen assured Member Paust the public will have access, through whatever walkway is built, to the park and pond area. I Member Kelly asked if downsizing of the buildings had adversely affected the tax increment financing in the district. He asked how it affected the dollars available for maintenance of the Centennial Lakes Park and whether or not there was any mechanism to recoup any lost park maintenance funds. Member Kelly expressed concern over the City’s levy being affected to make up for shortfall. In his opinion, if the developer was allowed to scale down the size of the development then the maintenance should be allowed to increase to cover the difference. Member Kelly said that while it is important that United Properties is healthy, he believes the shortfall in maintenance should be made up through Common Area Maintenance (CAM) charges. While he would not like to leverage approval of the final phase, the Council must make sure the taxpayers are not saddled with the cost of maintenance of Centennial Lakes. Member Hovland stated he believed the charges for Centennial Lakes were already a matter of agreement. I Mr. Hughes stated that the TIF cash flow should not be a concern, however the park maintenance could be a factor. He said the park costs more to maintain that the monies collected . Member Kelly said that was why the CAM charge concept was developed to take care of such issues. Mayor Maetzold asked if the walkway assembly and disassembly costs would be borne by the property owner. Mr. Hoffman said it would be the property owner’s responsibility. Proponent Presentation Brian Carey, United Properties, stated he was pleased to be back in front of the Council asking for this final building’s approval. Mr. Carey said he would like to address several of the areas of concern raised regarding the development. He stated that the wattage of the lights have been reduced to 50 watts and United is in the process of replacing the lights that are causing the glare. They will use the same lower wattage light in the 5th phase building. Mr. Carey said United Properties planted what was approved by the City for Buildings 3 and 4. However, because Untied understood the neighbors’ concern, the berm and landscaping were increased for Building 4. Then the Building 3 (Edinborough) neighbors complained. Mr. Carey said United then authorized Arteka, the project landscaper, to add plantings to Page 7 Minu€es/Edina Citv CouncWAugust - 17,1999 Building 4. However, Arteka ran into problems because of the buried utilities. United is currently working with BRW to find a design and plantings that can satisfy the neighbors and still be viable with the site constraints. He added that United would also continue to work with the neighbors at Edinborough. I Mr. Carey said that he believes the connecting link walkway area that has been questioned will be built as an open-air walkway, and will not necessitate any removal and replacement to allow maintenance access to the pond structures. Mr. Carey said that relative to the downsizing of the development, he believes the 880,000 square foot development is a well designed office park. Mr. Carey said he did not believe there was ever a guarantee to build a particular size. He noted that the buildings are ahead of schedule for what was planned, by approximately four years. This means that there are about four more years of CAM charges than were expected. He noted that agreements are in place for buildings in Phase 1-4 which cannot be re-negotiated. Member Kelly asked if there were assessment agreements in place for the existing development. He asked staff if there was any principal that would allow the agreements to be re-examined; what tie existed if any, between funding of maintenance and the size of the development; and whether or not it would be futile to re-examine the agreements in place. Mr. Hughes said there were agreements in place that the buildings would have a minimum market value. Assessor Petersburg explained briefly statutory requirements used when establishing values. Attorney Gilligan noted that existing agreement state that maintenance would be at a specified amount per square foot. Member Kelly asked staff if they believe nothing can be done to change the mount of maintenance collected. Mi. Hughes replied that he was confident a review of the agreements would reveal nothing in the Developers Agreement that would allow an increase to the park maintenance. Member Faust asked what the nature of the shortfall was at this time and if the executive putting course added to the shortfall M.r. Hughes said that the he believed it was approximately $200,000, which was being picked up by the endowment. He added he did not believe the golf course added to the shortfall. Member Kelly stated that while he understood that the approval of the final phase could not be delayed due to the park maintenance shortfall, he felt this issue must be brought back for review in the future. Member Faust asked if the lights in the development need to be left on all night. She also asked if the parking spaces are smaller than normal. Mr. Carey replied that United did attempt turning them off at 1O:OO p.m., however, the building tenants have staff working in the evenings and the lights are needed for safety. He added his belief that the 50 watt lights will be an answer to the problem. Mr. Larsen stated the parking spaces are 8% feet wide per the City’s ordinance requirements. Public Comment I Page 8 Minutesfidina Citv CounciVAugust - 17,1999 Jean Barrett, 7615 Edinborough Way, expressed her concern with the landscaping and lights from the existing office buildings at Centennial Ldes.' Ms. Barrett stated that ten lights in front of Building Four are still very bright and throw a large amount of light into the Edinborough Condos' windows. She stated it is not the candle footage of the lights, but is the glare property of the metal halide lights. Ms. Barrett contended that other communities do not allow metal halide lights for this reason. In addition, Ms. Barrett complained that there is an open parking lot and it is ugly. She asked for berming and screening north of the driveway between Edinborough Way and the office building. Ms. Barrett referred to the petitions signed by Edinborough Way residents requesting additional landscaping around the parking lot north of the driveway; and requesting that the lighting in front of building number 3 (3601 West 76th Street) be revised to reduce the glare. She said she submitted the petitions to the City on July 23,1999. Ms. Barrett urged the Council to consider the requests of the Edinborough Way residents before granting approval to the final office building. Council Discussion/ Action Member Kelly said he wanted the developer to augment the landscaping as much as possible. He asked if the issues raised by Ms. Barrett should be addressed before the approval of Phase 5. Member Hovland thanked Member Kelly for bringing up the operational issues. He pointed out that the issues brought up by Ms. Barrett related to Building 3, noting that the developer had already met all City standards and indicated that the developer was attempting to put in additional planting and was also seeking solutions to the lighting issue. Member Hovland stated he did not believe approval for the fifth phase could be held up at this time. Member Faust and Mayor Maetzold agreed with Member Hovland. Member Kelly introduced the following resolution and moved its adoption with : RESOLUTION .APPROVING THE FINAL SITE PLAN AND GRANTING FINAL PLAT APPROVAL FOR SOUTH EDINA DEVELOPMENT FIFTH ADDITION BE IT RESOLVED BY THE City Council of the City of Edina, Minnesota, that the revisions as depicted on the Site Plan for Centennial Lakes Building 111, dated, July 14, 1999, are here by approved. BE IT FURTHER RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled, "SOUTH EDINA DEVELOPMENT FIFTH ADDITION', platted by United Properties, a Minnesota Corporation and presented at the regular meeting of the City Council on August 17,1999, be and is hereby granted final plat approval. Passed and adopted this 17th day of August, 1999. Member Hovland seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Resolution adopted. RESOLUTION ADOPTED GRANTING CONDITIONAL USE PERMIT FOR CALVIN CHRISTIAN SCHOOL OF MINNEAPOLIS, 4015 INGLEWOOD AVENUE Affidavits of Notice were presented, approved and ordered placed on file. . Page9 Minutesfidha Citv CounciVAumst 17,1999 Presentation Bv Planner Mr. Larsen informed the Council that the Calvin Christian School recently acquired the church located next door. The school is planning to use the church facility for an expansion of the school. No exterior changes are planned and only minor building code changes would occur inside the building. Mr. Larsen explained that the church and school have by agreement shared parking. The combined parking provides 142 spaces. The City in 1988, granted a Conditional Use Permit allowing the school an expansion. A parking variance was granted conditioned upon a Proof of Parking Agreement which is still in effect. The School has requested a curb cut connecting their parking to the lot in Weber Park facilitating a better flow for bus traffic. The City’s Park Director has approved the curb cut. Member Faust asked if the two buildings were planned to be connected in the future. Mr. Larsen replied that there were no plans at this time, but it could happen in the future. Mayor Maetzold called for public comment. No one appeared to comment. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION GRANTING CONDITIONAL USE PERMIT TO CALVIN CHRISTIAN SCHOOL WHEREAS, the procedural requirements of Code Section 850 (the Zoning Ordinance) have been met; and WHEREAS, it has been determined that the Findings as required by Code Section No. 850.04 Subd. 4 have been satisfied NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a Conditional Use Permit to Calvin Christian School of Minneapolis, 4015 Inglewood Avenue for operation as a school. Passed and adopted this 17th day of August, 1999. Member Hovland seconded the motion I Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Resolution adopted. *BID REECTED FOR CURB AND GUTTER FOR WEST 56m STREET AND NOS. EA-320 AND A-096, CONTRACT NO. 99-8 (ENGINEERING) Motion made by Member Hovland and seconded by Member Faust to reject the bid for curb and gutter for West 56th Street and Brookview Avenue and Londonderry Drive cul-de-sac, Improvement Nos. BA-320, and A-096, Contract No. 99-8 (Engineering) and authorize re-bidding the project. BROOKVIEW AVENUE AND LONDONDERRY DRIVE, CUL-DE-SAC IMPROVEMENT Motion carried on rollcall vote - four ayes. Page10 . 1: * ' J' !,t 1 MinutesEdha Citv Council/Aup;ust 17,1999 TRAFFIC SAFETY STAFF REVIEW OF AUGUST 4,1999, APPROVED Member Hovland made a motion approving Section A of the Traffic Safety Staff Review dated August 3, 1999: 1. NO PARKING restriction already in place for Barrie Road be extended up to the driveway at 6328 Barrie Road and also for 30 feet on the south side of the driveway; 2. Placard be placed on the STOP sign at Bruce and West 50th Street indicating NO PARKING within 30 feet of STOP sign; 3. Rumble strips be replaced on northbound Warren Avenue south of the West 64th Street intersection; and 5. Section B. Member Kelly seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. Section C: Mr. Hoffman noted that David Cowan had requested the installation of automatic "WALK" pedestrian lights with the green light on all Edina traffic signals. Mr. Cowan also asked for a that NO TURN ON RED (NTOR) sign be installed for all directions at the intersection of West 50th Street and Wooddale. Mr. Hoffman explained that Mr. Cowan's son was struck by a vehicle making a right turn on the red light at West 50th Street/ Wooddale July 21,1999. Mr. Cowan made his request before the Council on August 3,1999. Mr. Hoffman stated that staff called the Minneapolis Traffic Engineering staff, other suburban cities, the State Highway Department and Hennepin County asking about their philosophy regarding automatic pedestrian "WALK" signals and NO TURN ON RED signs. He reported that staff analyzed all Edina's signalized intersections and recommended the following : 1. No City owned signalized intersections should be changed to include automatic pedestrian "WALK" lights; 2. Very few City owned signalized intersections would benefit from a NO TURN ON RED restriction. However, adjacent land uses may influence a need for these restrictions such as at West 50th Street and Wooddale Avenue. Based on review of the West 50th Street and Wooddale Avenue intersection and using the above criteria, staff recommends that painted crosswalks and stop bars be added to the north and south legs of the intersection and NTOR restrictions be placed on the westbound (to northbound) and northbound (to eastbound) legs of this intersection. These NTOR restrictions shall be in effect for the hours of 700 AM to 9:00 PM seven days a week. The AM and PM peak right-turn on red vehicle and pedestrian counts for the eastbound and southbound legs of this intersection justify not applying NTOR restrictions. Staff also feels that a NTOR restriction would create additional cut-through traffic in the adjacent neighborhoods. Page11 MinutesEdina Citv CounciI/August - 17,1999 David Cowan, 4627 Drexel Avenue, said he stated his case at the August 3,1999, Council meeting, but added that two signs would help improve safety at the intersection. However, he still is not satisfied and wished the Council had gone all the way, erring on the side of caution by putting in four signs and the automatic walk light rather than doing as little as we Can. Mi Hoffman elaborated that the committee did not recommend the automatic pedestrian light because it would slow down the signal, therefore backing up traffic even when no pedestrians are present. Mr. Cowan commented that the automatic light is necessary because many pedestrians do not use the button to activate the signal. If so many people do not use the button, he does not understand why the Council would not put in an automatic light and bottling up traffic is the least of his concern. Mr. Cowan stated he plans to continue fighting the issue and will circulate a petition through the Country Club neighborhood asking for two more NO RIGHT TURN ON RED signs as well as an automatic pedestrian light. Fritz Bredenbeck, 8 Edina Court, commented he believes the intersection to be safe. He appreciates the concern being taken to make it safer but voiced more concern with the back- up of traffic causing more problems. I Following a Council discussion, Member Kelly made a motion approving Section C of the Traffic Safety Staff Review of August 3,1999, that 1) painted crosswalks and stop bars be added to the north and south legs of the intersection, and 2) NO TURN ON RED restrictions be placed on the westbound to northbound and northbound to eastbound legs of the intersection effective for the hours of 200 AM to 9:00 PM seven days a week at West 50th Street and Wooddale Avenue. Member Faust seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. COMMUTER RAIL TASK FORCE REPORT RECEIVED Mr. Hughes explained the 35W Solutions Alliance is an advocacy group similar to the 1-494 Joint Powers Organization. Its objective is to advocate transportation improvements associated with the 35W corridor. Member organizations include Dakota County, Hennepin County and the cities of Apple Valley, Bloomington, Burnsville, Lakeville, Minneapolis and Richfield. Recently the Alliance and Dakota County invited Edina staff and representatives of the cities of St. Louis Park and Northfield to attend a meeting dealing with a proposed shzdy of Commuter Rail Line L which connects Northfield on the south with Minneapolis on the north. The rail line bisects Edina and adjoins the Lewis Engineering/Kunz Oil properties. I The Alliance proposed to establish a task force comprising its members together with Edina, St. Louis Park and Northfield to oversee a study concerning the use of this line for commuter rail. The State, through the Department of Transportation has allocated funds for this Page 12 MinutesEdha City CounciVAumst 17,1999 purpose. Rail line L has received one of the higher priorities for this type of feasibility study by &/DOT. 8. .> * The Alliance has requested that Edina, St. Louis Park and Northfield contribute $1,000 each to defray costs associated with the newly created task force. Alliance member organizations need not contribute as a portion of their Alliance membership fees have been allocated for the task force. Staff believes future use of the rail line is of vital interest to Edina and further believes the requested contribution is reasonable. It is further recommended that we join the task force. Following a brief discussion, Member Kelly made a motion encouraging staff to join the Commuter Rail Line L Task Force and to contribute $1,000 to defray task force start up costs. Member Faust seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. "RESOLUTION ADOPTED CONVEYING TAX FORFEIT PROPERTY, OUTLOT A, VERNON HILL, TO THE CITY Member Hovland introduced the following resolution seconded by Member Faust: RESOLUTION WHEREAS, the City Council of the City of Edina has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of property taxes, was dated July 16,1999 WHEREAS, the parcel in said list identified as PIN No. 06-16-21-21-0110 has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota, as non-conservation land List 1096/NC the sale thereof and has heretofore been authorized by said Board of County Commissioners; and WHEREAS, it has been determined by the Edina City Council that there are no existing or pending special assessments on said parcel; and WHEREAS, it is the intent of the City of Edina to acquire the tax forfeited property for use as public right-of-way. BE IT RESOLVED, by the City Council of the City of Edina, that the City Clerk be authorized and directed to file, "Application of Governmental Subdivision for Conveyance of Tax Forfeited Lands," for the following described property contained in Hennepin County ConservatioqINon-Conservation Classification List 1096/NC, said property to be used by the City as hereafter set forth Outlot A, Vernon Hill (PID 06-116-21-21-0110) Public Right-of-way. Adopted this 17th day of August, 1999. Motion carried on rollcall vote - four ayes. "HEARING DATE SET FOR SEPTEMBER 7,1999, FOR VACATION OF PORTION OF CIRCLE WST Motion made by Member Hovland introduced the following resolution and moved its adoption, seconded by Member Faust: RESOLUTION Page 13 MinutesBdina City CounciVAugust - 17,1999 CALLING FOR PUBLIC HEARING ON VACATION OF PORTION OF CIRCLE WEST - 22 CIRCLE WEST BE IT RESOLVED by the City Council of the city of Edina as follows: 1. It is hereby found and determined that the following described property should be considered for vacation in accordance with the provisions of Minnesota Statutes, Section 160.29 and 462.348, Subd. 7: That part of Circle West as dedicated on the plat of HILLDALE- LALONE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of the following described line: Commencing at the southeast corner of said Circle West; thence North 78 degrees 16 minutes 00 seconds West assumed bearing along the southerly line of said Circle West a distance of 36.05 feet to the point of beginning of the line to be described; thence North 05 degrees 19 minutes 14 seconds East a distance of 25.36 feet; thence northerly a distance of 42.76 feet along a tangential curve concave to the east, having a radius of 92.00 feet, and a central angle of 26 degrees 37 minutes 51 seconds; thence northeasterly a distance of 47.31 feet along a compound curve concave to the southeast, having a radius of 55.77 feet and a central angle of 48 degrees 35 minutes 59 seconds to the northerly line of said Circle West and there terminating. 2. This Council shall meet at 200 P.M. on the 7th day of September, for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The City Clerk is authorized and directed to cause notice of said hearing to be published once a week for two weeks in the Edina Sun-Current, the official newspaper of the City, to post such notice, in at least three public and conspicuous places, as provided in Minnesota Statutes. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 WEST 50m STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON 22 CIRCLE WEST IN THE CITY OF EDINA HENNEPIN COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Minnesota will meet on September 7,1999, at EO0 P.M. in the Council Chambers at 4801 West 50th Street for a public hearing for the proposed vacation of the following public street: That part of Circle West as dedicated on the plat of HILLDALE-LALONE ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of the following described line: VACATION OF PORTION OF CIRCLE WEST - Page 14 MinutesBdina CiW CounciVAugust - 17,1999 Commencing at the southeast corner of said Circle West; thence North 78 degrees 16 minutes 00 seconds West assumed bearing gong the southerly line of said Circle West a distance of 36.05'feet to the point of beginning of the line to be described; thence North 05 degrees 19 minutes 14 seconds East a distance of 25.36 feet; thence northerly a distance of 42.76 feet along a tangential curve concave to the east, having a radius of 92.00 feet, and a central angle of 26 degrees 37 minutes 51 seconds; thence northeasterly a distance of 47.31 feet along a compound curve concave to the southeast, having a radius of 55.77 feet and a central angle of 48 degrees 35 minutes 59 seconds to the northerly line of said Circle West and there terminating. All persons who desire to be heard with respect to the question of whether or not the above proposed street vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed street vacation affects existing easements within the area of the proposed 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, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of such easement, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. Dated this 17th day of August, 1999. BY ORDER OF THE EDINA CITY COUNCIL Debra Mangen, City Clerk Adopted this seventeenth day of August, 1999. Motion carried on rollcall vote - four ayes. *PETITION RECEIVED REQUESTING SIDEWALK ON WEST 62ND STREET BETWEEN FRANCE AND OAI<LAWN AVENUES Motion made by Member Hovland and seconded by Member Maetzold acknowledging receipt of a petition from residents in the area of West 62nd Street between France and Oaklawn Avenue requesting sidewalks and a STOP sign at Peacedale and 62nd Street has been submitted to the Engineering Department for processing as to feasibility. Motion carried on rollcall vote - four ayes. RECOMMENDATION FOR APPOINTMENT GIVEN TO NINE-MILE CREEK WATERSHED DISTRICT Mayor Maetzold informed Council a letter had been received from Robert Kojetin requesting Council's endorsement of his re-appointment to serve on the Nine-Mile Creek Watershed Board as a Manager. Member Hovland introduced the following resolution and moved its adoption: RESOLUTION WHEREAS, a vacancy exists on the Nine-Mile Creek Watershed District Board of Managers. Page 15 Minutes/Edina City CounciVAugust 17,1999 BE IT RESOLVED, by the City Council of the City of Edina, Minnesota, that it hereby recommends and nominates Robert Kojetin to the Hennepin County Board of Commissioners for re-appointment to the Nine-Mile Creek Watershed District Board of Managers and urges the Commissioners to approve the appointment. Adopted this 17th day of August, 1999. Members Faust, Kelly and Mayor Maetzold seconded the motion. I Ayes: Faust, Hovland, Kelly, Maetzold Resolution adopted. CLAIMS PAID Motion made by Member Kelly approving payment of the following claims as shown in detail on the Check Register dated August 11,1999, and consisting of 33 pages: General Fund $333,065.06; Communications $3,018.24; Working Capital $4,907.62; Art Center $5,534.69; Golf Dome Fund $2,428.20; Swimming Pool Fund $20,821.16; Golf Course Fund $45,294.82; Ice Arena Fund $16,168.92; Edinborough/Centennial Lakes $26,098.29; Utility Fund $64,029.51; Storm Sewer Utility Fund $2,663.38; Recycling Program $35,092.44; Liquor Dispensary Fund $234,651.15; Construction Fund $104,193.21; TOTAL $897,966.69; and for confirmation of payment of the following claims as shown in detail on the Check Register dated August, 9, 1999, and consisting of 3 pages: General Fund #338,166.26; Art Center $135.38; Liquor Dispensary Fund $69,744.23; Construction Fund $32,318.43; TOTAL $440,364.30. Member Faust seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. There being no further business on the Council Agenda, Mayor Maetzold adjourned the Council Meeting at 1O:lO P.M. I . Cityclerk Page 16