HomeMy WebLinkAbout2001-06-05 Council Regular MeetingMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JUNE 5,2001 - 200 P.M.
ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, Masica and Mayor
Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Kelly and seconded
by Member Hovland approving the Council Consent Agenda as presented.
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
RESOLUTION NO. 2001-37 COMMENDING VALLEY VIEW MIDDLE SCHOOL
STUDENTS Mayor Maetzold explained that sixth-grade students at Valley View Middle
School have instituted a plastic bottle collection program thereby diverting a recyclable
resource from landfills. Their efforts resulted in the collection of a cart of bottles daily.
Member Masica introduced the following resolution and moved its adoption:
RESOLUTION NO. 2001-37
WHEREAS, the sixth grades at Valley View Middle School observed that plastic
drink bottles were being thrown into the garbage and not recycled; and
WHEREAS, the students instituted a plastic bottle collection in a specially designed
container; and
WHEREAS, the sixth grade students volunteered and monitored the collection of
the plastic bottles for recycling during the lunch hour; and
WHEREAS, the efforts of the sixth grade students resulted in a cart of plastic bottles
being collected daily; and
WHEREAS, the Edina Recycling and Solid Waste Commission requested the City
Council recognize the endeavors of the Valley View Middle School Sixth Grade Class.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Edina
hereby commends the Valley View Middle School Sixth Grade for their diligence in
preserving our resources by undertaking this recycling project which diverts a recyclable
resource from landfills.
Adopted this 5th day of June 2001.
Member Housh seconded the motion.
Rollcalk
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
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"MINUTES OF THE REGULAR MEETING OF MAY 15,2001, APPROVED Motion made
by Member Kelly and seconded by Member Hovland approving the Minutes of the
Regular Meeting of May 15,2001.
Motion carried on rollcall vote - five ayes.
RESOLUTION 2001-41, VACATION APPROVED FOR EASEMENT AT EDEN CIRCLE
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Affidavits of Notice were presented, approved and ordered placed on file.
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Minutesfidha Citv CounciVTune 5,2001
Engineer Hoffman explained that the re-development in Grandview Square requires the
vacation of the Eden Circle public right-of-way. Mi. Hoffman noted that Xcel Energy, Reliant
Energy, time Warner and Qwest did not have objections to the vacation of Eden Circle. He
added that the easement should be allowed with the requirement that new access be
provided to the City well located in the re-configured Sherwood Park.
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Member Masica asked how the well was currently accessed. Mr. Hoffman replied that
currently there was an asphalt driveway which wiII be removed and replaced with a geo-grid
driveway that will be covered with sod.
Member Housh made a motion to close the public hearing. Member Masica seconded the
motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
Member Housh introduced the following resolution and moved its adoption:
RESOLUTION NO. 20014
RESOLUTION APPROVING VACATION OF
WHEREAS, a motion of the City Council, on the 18th day of April, 2001, fixed a date for a
public hearing on a proposed vacation of the Eden Circle public right-of-way; and
WHEREAS, two weeks published and posted notice of said hearing was given and the
hearing was held on June 5, 2001, at which time all persons desiring to be heard were
given an opportwnity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the public that
said vacation be made; and
WHEREAS, the Council considered the extent the vacation affects existing easements
within the area of the vacation and the extent to which the vacation affects the authority of
any person, corporation, or municipality owning or controlling electric, telephone or cable
television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or
under the area of the proposed vacation to continue maintaining the same, or to enter upon
such easement area or portion thereof vacated to maintain, repair, replace, remove or
otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina,
Hennepin County, Minnesota, that the following described Eden Circle public right-of-
way easement is hereby vacated effective as of June 5,2001:
A 50-foot right-of-way, the centerline of which is described as follows:
"Commencing at a point on the Easterly line of Sherwood Road, said point
being 25-feet South of the Southwest corner of Lot 3, Block 1, Edenmoor
Addition; thence Easterly parallel to and 25 feet Southerly of the South line
of said Lot 3 a distance of 80 feet to a point of curve to the right, having a
radius of 70 feet and a central angle of 90 degrees; thence along the arc of said
curve to the right a distance of 109.96 feet to the end of said curve; thence
South and tangent to the last described curve a distance of 12.51 feet to a
point of curve to the left having a radius of 70 feet and a central angle of 90
degrees; thence along the arc of said curve a distance of 109.96 feet to the end
of said curve; thence Easterly to a point on the Easterly line of Edenmoor
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EDEN CIRCLE PUBLIC RIGHT-OF-WAY
MinutesEdina Citv CounciWune 5,2001
Addition, said point being 177.51 feet South of the Southeast corner of Lot 1,
Block 1, Edenmoor Addition, said point being the termination point of the
roadway."
BE IT FURTHER RESOLVED that said vacation does not affect, and there are continued,
reserved, and retained, by the said resolution ordering the vacation, the following existing
easements and authority in, on and under the above vacated area: The authority of Xcel
Energy Company, Qwest Communications, Time Warner Cable Minnesota, or Reliant
Energy to enter upon the above vacated area for the maintenance, replacement, repair and
removal of and for otherwise attending to, underground conduit, manholes, cables, wires
and poles required for utility service now in, on or under the above vacated area.
BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause a
notice of completion of proceedings to be prepared, entered in the transfer record of the
County Auditor, and filed with the County Recorder, in accordance with Minnesota
Statutes, Section 412.851.
Passed and adopted this 5th day of June, 2001. Member Kelly seconded the motion.
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Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
ALLEY EXTENSION DENIED FOR IMPROVEMENT NO. A-103, ALLEY EXTENSION
BETWEEN MINNEHAHA BOULEVARD AND HALIFAX AVENUE Affidavits of Notice
were presented, approved and ordered placed on file.
Staff Presentation I Assistant City Engineer Houle briefly reviewed the recommended proceedings for
improvements undertaken via Minn. Stat. 429. He explained the City had received a petition
from five of seven residents requesting an alley improvement in the 5200 block between
Halifax Avenue and Minnehaha Boulevard. The Council received the feasibility study and
set the public hearing at their May 17,2001, meeting.
Mr. Houle explained that the proposed improvement would consist of adding a bituminous
paved extension of an existing alley that accessed West 52nd Street. The petition requested
that the addition be graded and graveled only. However, Public Works Department policy is
that all public alley improvements be either concrete or bituminous pavement. Mr. Houle
said the existing paved alley is bituminous. If constructed the alley would be twelve feet
wide, need minimal grading; and consist of three inches of pavement over eight inches of
aggregate base. He estimated the project cost at $15,000 and said if ordered the project would
be funded through special assessments of the benefited property owners of approximately
$2,200 each. The length of the assessment would be ten years. If the improvement is moved
forward the following schedule would be followed: Bid Opening, July 2001; Award Contract
July 2001; Construct Alley, August 2001; and finally adopt special assessments, fall of 2001.
Mi. Houle added that 43 percent of the affected residents signed the original petition. He has
heard from five of the residents expressing concern regarding the project. Minnehaha
Boulevard residents said: they do not want additional traffic behind their home; a resident
wanted to see the alley extended to West 54" Street, a resident did not want to see any
improvements to the alley; and one resident who was out of town asked the hearing be
continued until he arrived home. Halifax Avenue residents have stated the area is a public
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Minutes/Edina Citv Council/Cune 5,2001
right-of-way; they should have the right to use the alley; and they would like to build a
garage with alley access. Mr. Houle noted that a letter from Mr. Orrin Broberg had been
faxed to the City on June 4,2001, opposing and alley improvement, and asking that his name
be withdrawn from the previously signed petition.
Public Comment
Steve Domke, 5236 Halifax Avenue, stated he has a one-car garage. Mr. Domke said parking
in mter was an issue because of winter parking rules. Mr. Domke would like to build a
garage that could be accessed from the alley. He added he has attempted to reach Duncan
McCampbeU who has verbally said he favored the alley, but has not received any written
confirmation to date. Mr. Domke said when he purchased his home he checked to see if the
alley behind the home was a legal alley. Mr. Domke said that the vegetation that has been
cleared behind the homes was done by NSP after the storm three years ago. Member
Hovland asked how often Mr. Domke used the alley. Mr. Domke explained he used the alley
daily and had been doing for a little over two years. He added he has a jeep and was able to
drive over the snow, etc.
Alice Mortenson, 5233 Minnehaha Boulevard, said she checked with the City 36 years ago
when she purchased her home. Ms. Mortenson stated she was told the alley would only be
developed if all the residents agreed to it. She said the alley was used by children to walk to
the park. Ms. Mortenson said she did not feel the alley should be improved. Someone who
wanted the alley improved has removed bushes and applied chemicals to the vegetation.
This was a concern because the residents on Minnehaha Boulevard who have wells. Member
Hovland asked how far the backs of the homes were from the alley and if fences exist. Ms.
Mortenson replied the homes are between 35 and 40 feet from the alley and some residents
have fences, but not all of them.
Member Housh asked if the houses were not currently served by City water, where would
the lines run if installed in the future. Mr. Houle said the location of future water lines would
be determined by the location of the existing wells.
Max Hintz, 5241 Minnehaha Boulevard, stated he was very opposed to the petitioned alley
improvement. It would change the character of the neighborhood. He added the use by
some residents had already changed the neighborhood's character. Mr. Hintz said the
vegetation growing in the alleyway was part of the reason he purchased his house. He said
he did not want the alley improved because of safety, aesthetics and because he believed it
will be detrimental to house values. Mr. Hintz noted that all the Minnehaha residents were
opposed to the alley improvement. He said that he believed the wells were all located in the
back yards and asked why an improvement would be done for the convenience of a few. Mr.
Hintz asked if the alley was still a valid right-of-way since it had not been used. Attorney
Gilligan explained an alley right-of-way is not abandoned or vacated by non-use. The alley in
question would still be right-of-way.
Laurie Buck Brown, 5240 Halifax Avenue, stated she supported the petition. She explained
that her home is a Cape Code with a single car garage. They have two cars and a long
narrow driveway. The only option they would have of expanding their garage would be
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Minuteskdina City Councimune 5,2001
through the alley. She asked approval of the improvement allowing her the luxury of
choosing to improve her garage.
Mike Brown, 5240 Halifax Avenue, added his support of the alley improvement. I
Virginia Broberg, 5229 Minnehaha Boulevard stated she did not support the alley. Mrs.
Broberg said there would be no benefit to the resident along Minnehaha Boulevard.
Phil Enger, 5301 Minnehaha Boulevard, stated his house was a double lot directly south of
the petition area. Mr. Enger said he did not want the aesthetics changed in the existing alley.
Member Hovland made a motion, seconded by Member Masica to close the public
hearing.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
Member Masica acknowledged the issue was difficult because the residents were divided
almost equally in favor and against the improvement. She said she would be inclined to
allow the petitioners to prevail and go ahead with the improvement.
Member Housh disagreed, stating that the residents had not brought any consensus to the
Council. He added the homeowners purchased their home in the existing conditions.
Member Housh stated he would not support the proposed improvement to the alley.
Member Hovland said he agreed that the issue was difficult because it affects all the
residents. However, he added he could not see any benefit to the residents along Minnehaha
Boulevard. The petitioners did not have neighborhood consensus either which made him
unable to support the proposed improvement.
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Mayor Maetzold agreed with Members Hovland and Housh, and stated he did not want to
assess residents for an improvement with no benefit to their properties. He added that an
alley improvement was more different than a sidewalk, which might be improved because of
safety concerns.
Member Hovland asked about potentially vacating the alley. Mr. Hughes stated vacations of
public easements and right-of-way was usually done by petition.
Member Kelly made a motion to reject the petition and not improve the alley. Member
Housh seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
RESOLUTION 2001-45 ADOPTED ORDERING SOUND ABATEMENT IMPROVEMENT
NO. SA-1, T.H. 169 EAST SIDE - BRENDAN GLENN PLAT AND SOUND ABATEMENT
IMPROVEMENT NO. SA-2, T.H. 169 ADJACENT TO INDIAN WAY WEST Affidavits of
Notice were presented, approved and ordered placed on file.
Staff Presentation
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Minutes/Edina City CouncMune 5,2001
Engineer Hoffman noted the City Council had a public hearing on the proposed project SA-1
consisting of 690 feet of sound abatement wall installed on along T.H. 169 just north of
Brendan Glenn. That hearing was continued to June 5, 2001 to allow the petitioners on
Indian Way West inclusion in the construction project. On May 15,2001, the City Council
authorized taking bids and preparing a special assessment roll for both projects. Mr.
Hoffman said the sound abatement wall would be a structure ten feet high made of concrete.
He showed a graphic depicting the stone columns in such a wall and explained that the stone
columns were bid as an alternative. Mr. Hoffman explained the desired action would be to
order the improvement and adopt the assessment roll at the same time. This would allow
any objections to be discovered before construction.
Mr. Hoffman reported the bids came in slighter higher than originally anticipated because of
the requirement for caulking to be done to enhance the sound reduction. The project without
the alternative stone columns is approximately $125,000.00 The stone columns would be
$2,000,00 each as an add-on to the project. It is anticipated that 15 or 16 columns would be
needed spaced at 100-foot intervals to span the enfire project area including the Brendan
Glenn area. Mr. Hoffrnan said the neighborhood's initial reaction to the stone columns was
mixed. He said the residents would like to see the City contribute to this addition in some
way.
Member Hovland said he personally felt the aesthetic value of the columns quite high and
would like to see if this could be viewed as a model for the rest of the community. Member
Hovland commented the neighbors have done quite a bit on their own, but who would pay
for the columns was still an open issue with him.
Member Housh asked if any legislation funding sound walls had moved forward. Mr.
Hoffrnan replied that he to his knowledge nothing had been enacted and furthermore, it
would not be an issue dealt with during the special session.
Member Housh asked how much sound abatement would be achieved with a ten foot wall
height. Mr. Hoffman answered that building a wall higher than ten feet was felt to be cost
prohibitive for the neighbors. The ten-foot height provides adequate sound abatement
coverage for automobile traffic, but wiU not cover truck traffic.
Member Masica commented she liked the look of the columns and felt the City should
consider funding their construction as the city's participation in the project.
Public Comment
Jean Wangard, 6804 Indian Hills Road, explained that three years ago she and her neighbors
got together a petition then went to the State and came to the City. This -triggered a study of
the issue, after which the neighbors realized that it would take too long to wait for any state
aid and that the City did not have the funds to construct sound walls. Therefore, residents
decided they would be willing to pay for construction of the proposed wall and worked with
the Engineering Department to develop the petition. The neighbors brought a consensus
from 15 of the 18 property owners (one owner owns both sides of a twin home) to the City
requesting the project go forward and proposing a funding formula. Mrs. Wangard reported
that only one resident declined to sign the petition. Mrs. Wangard thanked Fran Hoffman for
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MinutesEdha City Councimune 5,2001
his work on this matter and urged the Council to order the improvement. She expressed
concern that controversy over the stone columns could stall the construction. Mr. Wangard
stated she belief that the residents were at their limit for financial commitment and couldnot
afford the columns. I
Peter Petersen, 6815 Indian Hill Road, stated he supports the construction of the sound walls,
but felt the City should pay for the columns if it was decided they needed to be included in
the project.
Tom Crouch, 6740 Indian Way West, said he supported the wall; and he and his neighbors
were willing to pay for the wall's installation, but not for the columns. Mr. Crouch explained
that they had already installed a fence five years ago, then landscaped their cul de sac, and
pond so paying for the columns would be too much.
Tom Aldrich, 6444 Aldrich Lane, said he favor the construction and asked that the project be
ordered.
Emily Buchwald, 6808 Margarets Lane, explained she was a 34-year resident and has seen the
traffic increase steadily. The increased traffic has affected her property values and the
proposed concrete wall seems a good way to address this issue.
Sue Seckinger, 4912 Sunnyside Road, stated this was not the only sound abatement issue in
Edina. Ms. Seckinger said that if this wall were setting the standard for the community care
should be taken. She noted that the cement wall project before the Council works for the
neighborhood, but cautioned that other areas may proposed a twenty-foot wooden frame
fence. Ms. Seckinger asked what would define a majority, who would determine funding
levels. Mayor Maetzold acknowledged Ms. Seckinger's concerns. He explained the project
currently before the Council had been petitioned for by the neighbors and that the neighbors
had presented a funding formula they agreed to before coming to the City.
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Sheila Hipp, 6442 Margarets Lane, added her support to the project. Ms. Hipp noted the
steady increase in traffic over the last eight years have added noise and dirt to the area.
Dick Wald, 6440 Margarets Lane, stated that is his opinion the standard for the fence had
already been set when the Council approved the design submitted by the developer of
Brendan Glenn. He urged Council approve the project.
Jean Wangard, ,6804 Indian Hills Road, stated the issue should not be the style of the fence,
rather just building the fence. She said the home at 6800 Indian Hills Road was up for sale,
but buyers were waiting to see if the wall would be constructed.
Tom, Doherty, 4911 Sunnyside Road, noted that Edina was already very dissected by the
various highways. He felt that he and his neighbors were realistic in the money they were
willing to spend and were just waiting for a decision from the Council.
Jean Wangard, 6804 Indian Hills Road stated that her neighborhood was following the
directions given by the Council three years ago when they were told that if they wanted
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Minutes/Edina City Councirnune 5,2001
sound abatement, they should figure out a funding formula and petition the City. Ms.
Wangard urged approval of the sound abatement projects.
Member of Member Hovland, seconded by Member Kelly to close the public hearing.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Council Discussion
Mayor Maetzold asked if the projects could be built with the City paying for the stone
columns. Mr. Hoffman said the Council could decide what part of any improvement they
would fund. He added that at this point he would recommend the Council order the
improvement, but wait until July 17,2001 to adopt any assessment roll. This would allow
final costs to be known and the necessary waivers from the residents to be filed with the City.
Member Housh asked if the developer’s portion of the wall was already built and if so, could
the columns be added. Mr. Hoffman noted that the developer of Brendan Glenn had been the
first one to be required to build a sound abatement wall. He said that the columns could be
added after the initial walls were built.
Member Hovland said he believed that many neighborhoods were working this same issue.
He commended Ms. Wangard’s neighborhood for their work in bringing the current project
to the Council. He said he believed the standard had been set when the City Engineer
suggested a particular design. Member Hovland said he would not want to see twenty-foot
wooden walls, and that he would support the City funding the construction of the stone
columns for the entire project.
Member Masica agreed the City should pay for the columns in this project. However, she did
not agree that by ordering this project no other designs could be considered. Member Masica
stated that in her opinion each area should be reviewed and a decision made based upon
what would be best suited to the area.
Member Housh said he agreed that each area should be reviewed independently of the
others from a design standpoint. He added that for this project he was not convinced that the
columns were necessary. He added he was agreeable to the concrete walls without the pillars
as per the neighbors’ consensus.
Member Kelly stated he agreed with Member Housh on the columns. He said that to other
residents who were looking for direction for their neighborhoods he offered the following: 1)
more property owners that would be assessed by the project should support the project than
not support the project; 2) a formula for equitable funding of the projects from the
neighborhood should be presented. Member Kelly added that he would also favor looking at
potential designs on a case by case basis to ascertain what would best suit each
neighborhood. Member Kelly commended the neighbors for their work.
Mayor Maetzold agreed with Member Kelly that each area should be viewed individually,
but he added that he supported Members Hovland and Masica desire to build the wall with
the stone columns to be paid for by the City.
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MinutesDdina City Councilllune 5,2001
Member Masica made introduced the following resolution and moved its adoption
ordering the project as proposed with the inclusion of the stone columns at the City’s
expense:
RESOLUTION NO. 2001-32
ORDERING SOUND WALL IMPROVEMENTS
WHEREAS, the Edina City Council on the 3rd of April, 2001, fixed a date for a Council
hearing on the proposed sound abatement walls, Improvement No. SA-1 and
Improvement No. SA-2; and
WHEREAS, fourteen days’ mailed notice and two weeks’ published notice of the hearing
was given, and the hearing was held thereon on the 5th day of June 2001, for Improvement
No. SA-1 consisting of a sound abatement wall constructed along the 690 feet north of the
Brendan Glenn Plat adjacent to T.H. 169 and for Improvement No. SA-2 consisting of a
sound abatement wall along T.H. 169 adjacent to Indian Way West.
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. SA-1 consisting of a sound abatement wall constructed
along the 690 feet north of the Brendan Glenn Plat adjacent to T.H. 169 and for
Improvement No. SA-2 consisting of a sound abatement wall along T.H. 169 adjacent to
Indian Way West.
BE IT FURTHER RESOLVED that Improvement No. Improvement No. SA-1 consisting of
a sound abatement wall constructed along the 690 feet north of the Brendan Glenn Plat
adjacent to T.H. 169 and Improvement No. SA-2 consisting of a sound abatement wall
along T.H. 169 adjacent to Indian Way West is hereby ordered as proposed.
BE IT FURTHER RESOLVED that the City Engineer is hereby designated as the engineer
for this improvement. The engineer shall cause plans and specifications to be prepared for
the making of such improvement.
BE IT FURTHER RESOLVED that the City Council will hold a hearing to consider the
special assessment for the aforementioned improvement at its regular meeting on July 17,
2001.
Passed and adopted this 5th day of June 2001. Member Hovland seconded the motion.
NO. SA-1 AND SA-2
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Rollcall
Ayes: Hovland, Masica, Maetzold
Nays: Housh, Kelly
Motion carried on a 3-2 vote.
*RESOLUTION NO. 2001-44 ADOPTED APPROVING LOT DIVISION FOR CBS REAL
ESTATE PARTNERSHIP - 4555 AND 4565 WEST 77TH STREET Motion made by Member
Kelly and seconded by Member Hovland approving the following resolution:
RESOLUTION NO. 2001-44
A RESOLUTION APPROVING
A LOT DIVISION FOR 4555 AND 4565 WEST 77TH STREET
Tract B, REGISTERED LAND SURVEY NO. 1682, Hennepin County,
Minnesota; and
WHEREAS, the following described property is at present a single tract of land I
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MinutesBdina City CounciVTune 5,2001
WHEREAS, the owner has requested the subdivision of said tract into separate parcels
(herein called "parcels") described as follows:
PARCEL A:
That part of Tract B, REGISTERED LAND SURVEY NO. 1682, according to
the recorded survey thereof, Hennepin County, Minnesota, lying southerly of
a line described as beginning at the most westerly southwest corner of said
Tract B; thence on an assumed bearing of East along a south line of said Tract
B and its easterly extension a distance of 304.20 feet to the east line of said
Tract B and there terminating.
That part of Tract B, REGISTERED LAND SURVEY NO. 1682, according to
the recorded survey thereof, Hennepin County, Minnesota, lying northerly of
a line described as beginning at the most westerly southwest corner of said
Tract B; thence on an assumed bearing of East along a south line of said Tract
B and its easterly extension of 304.20 feet to the east line of said Tract B and
there terminating.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it has
been determined that compliance with the Subdivision and Zoning Regulations of the
City of Edina will create an unnecessary hardship and said newly created Parcels as
separate tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the Edina City Code Sections 810 and 850;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the
conveyance and ownership of the above described tracts of land (PARCEL A and PARCEL
B) as separate tracts of land are hereby approved and the requirements and provisions of
Code Sections 850 and 810 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but only to the extent permitted under Code Sections 810
and 850 subject to the limitations set out in Code Section 850 and said Ordinances are now
waived for any other purpose or as to any other provisions thereof, and further subject,
however, to the provision that no further subdivision be made of said Parcels unless made
in compliance with the pertinent Ordinances of the City of Edina or with the prior
approval of this Council as may be provided for by those Ordinances.
PARCEL B:
Adopted this 5th day of June 2001.
Motion carried on rollcall vote - five ayes.
*HEARING DATE SET OF TUNE 19,2001, FOR PLANNING MATTERS Motion made by
Member Kelly and seconded by Member Hovland for the following planning matters:
1. Final Rezoning - Noonan Construction Company, 5400 France Avenue
2. Final Rezoning and Final Plat - Amendment to comprehensive Plan - JMS
Development and Thorpe Real Estate, 6512 Vernon Avenue
Motion carried on rollcall vote - five ayes.
RESOLUTION NO. 2001-45 - FINAL PLAT APPROVED FOR GRANDVIEW SQUARE
SECOND ADDITION Planner Larsen explained that the property was located south of Eden
Avenue and east of Sherwood Circle. Phase 11 of Grandview Square would complete the
platting of the entire development. Included are outlots remaining from Phase I as well as
three properties not controlled at the time of the original approval-the Edina Pet Hospital,
the Classic Hair Design and the Noonan Office Building. The plat will provide a lot for the
library/senior center building, a lot for the second condominium building, and an outlot for
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MinutesEdina City Counciwune 5,2001
the rearranged Sherwood Park. The Council at their May 15, 2001 meeting approved the
prelirninary plat for the plat.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION NO. 2001-45
RESOLUTION APPROVING
FINAL PLAT FOR GRANDVIEW SQUARE 2ND ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled, "GRANDVIEW SQUARE 2ND ADDITION", platted by the Edina Housing
and Redevelopment Authority and the City of Edina, and presented at the regular meeting
of the City Council on June 5,2001, be and is hereby granted final plat approval.
Passed this 5th day of June 2001. Member Housh seconded the motion.
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Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Resolution adopted.
RESOLUTIONS NO. 2001-35 AND NO. 2001-36 AND ORDINANCE NO. 2001-4,
ADOPTED, RESCINDING ORDINANCE NO. 2000-11 AND NO. 2000-12, AWARDING
CABLE TELEVISION FRANCHISES Manager Hughes reminded the Council on December
19, 2000, they adopted ordinances granting WideOpenWest Minnesota LLC and Everest
Minnesota Licensee LLC franchises to operate cable television systems within the City. Last
March, the City received letters from WideOpenWest and Everest stating that they would be
unable to pursue the installation of cable systems at the present time and requested therefore
that the franchise ordinances previously approved by the City be rescinded. The attached
resolutions and Ordinance No. 2001-04 rescind Ordinance No. 2000-11 and Ordinance No.
2000-12 which granted the subject franchises.
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Member Hovland introduced the following resolution seconded by Member Masica:
RESOLUTION NO. 2001-35
RESCINDING CABLE COMMUNICATIONS FRANCHISE
ORDINANCE GRANTED TO
WIDEOPENWEST MINNESOTA, LLC
WHEREAS, in April 2000, WideopenWest Minnesota, LLC (I' WideopenWest") requested that
the City of Edina, Minnesota ("City") commence proceedings under Minn. Stat. tj 238.081 to
consider the grant of a cable television franchise ("Franchise") to WideopenWest; and
WHEREAS, in response to WideopenWest's request, the City undertook all necessary steps
required by Minn. Stat. tj 238.081 to consider the grant of a Franchise; and
WHEREAS, in accordance with Minn. Stat. tj 238.081 subd. 6, the City adopted a resolution
determining that WideOpenWest possessed the requisite legal, technical and financial
qualifications to operate a cable television system within the City; and
WHEREAS, the City and WideopenWest subsequently conducted negotiations and arrived at
mutually acceptable terms and conditions for a Franchise; and
WHEREAS, on December 19,2000, the City adopted an Ordinance granting WideOpenWest a
Franchise to own and operate a cable system within the City subject to acceptance by
WideopenWest; and
WHEREAS, on March 23,2001, the City received a written letter from D. Craig Martin, Esq., of
WideOpenWest informing the City of WideopenWest's inability to accept the Ordinance
granting a Franchise due to adverse market conditions; and
Page 11
Minutesfidha City Council/Cune 5,2001
NOW, THEREFORE BE IT RESOLVED, the City of Edina, Minnesota hereby resolves that
Ordinance No. 2000-12, granting a Franchise to WideopenWest is hereby rescinded in its
entirety; and
BE IT FURTHER RESOLVED that the process undertaken by the City pursuant to Minn. Stat.
tj 238.081 is hereby completed as it relates to WideopenWest's request for a Franchise; and
BE IT FURTEER RESOLVED, in the event WideopenWest should seek a Franchise from the
City it must reinitiate the statutory procedure required under Minn. Stat 5 238-081, as well as
negotiate with the City mutually acceptable terms and conditions for a new Franchise.
I
Approved this 5fh day of June 2001.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Resolution adopted.
Member Hovland introduced the following resolution seconded by Member Masica:
RESOLUTION NO. 2001-36
RESCINDING CABLE COMMUNICATIONS FJUNCHISE
ORDINANCE GRANTED TO EVEREST MINNESOTA LICENSEE, LLC
WHEREAS, in April 2000, Everest Minnesota Licensee, LLC ("Everest") requested that the
City of Edina, Minnesota ("City") commence proceedings under Minn. Stat 5 238.081 to
consider the grant of a cable television franchise ("Franchise") to Everest; and
WHEREAS, in response to Everest's request, the City undertook all necessary steps required by
Minn. Stat. tj 238.081 to consider the grant of a Franchise; and
WHEREAS, in accordance with Minn. Stat. tj 238.081 subd. 6, the City adopted a resolution
determining that Everest possessed the requisite legal, technical and financial qualifications to
operate a cable television system within the City; and
WHEKEAS, the City and Everest subsequently conducted negotiations and arrived at mutually
acceptable terms and conditions for a Franchise; and
WHEREAS, on December 19,2000, the City adopted an Ordinance granting Everest a Franchise
to om and operate a cable system within the City subject to acceptance by Everest; and
WHEREAS, on March 9,2001, the City received a written Iktter from Michael L. Deggendorf on
behalf of Everest informing the City of Everest's inability to accept the Ordinance granting a
Franchise due to adverse market conditions; and
NOW, THEREFORE BE IT RESOLVED, the City of Edina, Minnesota, hereby resolves that
Ordinance No. 2000-11, granting a Franchise to Everest is hereby rescinded in its entirety; and
BE IT FURTEIER RESOLVED, that the process undertaken by the City pursuant to Minn. Stat. 5 238.081 is hereby completed as it relates to Everest's request for a Franchise; and
BE IT FURTEER RESOLVED, in the event Everest should seek a Franchise from the city, it
must reinitiate the statutory procedure required under Minn. Stat, 3 238.081, as well as negotiate
with the City mutually acceptable terms and conditions for a new Franchise.
Approved this 5* day of June 2001.
Member Hovland introduced the following ordinance, seconded by Member Masica:
EDINA ORDINANCE NO. 2001 - 4
An Ordinance Rescinding Previously Enacted Ordinances of the City of Edina.
The City Council of the City of Edina Ordains:
Section 1. Ordinance No. 2000-11 granting a Franchise to Everest Minnesota Licensee, LLC
is hereby rescinded in its entirety.
Section 2. Ordinance No. 2000-12 granting a Franchise to WideOpenWest is hereby
rescinded in its entirety.
Page 12
MinutesEdina CiW Councirnune 5,2001
Section 3. The process undertaken by the City of Edina pursuant to Minn. Stats. Q 238-081,
is hereby completed as it relates to WideopenWest and Everest Minnesota Licensee, LLC
requests for a Franchise.
Section 4. This ordinance shall be in full force and effect upon adoption.
Adopted this 5th day of June 2001.
Attest
City Clerk Mayor
Rollcall:
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
BID FOR SOUND ABATEMENT IMPROVEMENT PROTECTS SA-1 AND SA-2
APPROVED, CONTRACT 01-06 (ENGINEERING) CONTINUED TO TUNE 19, 2001
Engineer Hoffman explained the bid for decorative pre-cast sound barriers, (improvement
numbers SA-1 and SA-2) along McCauley Trail from the north line of Brendan Glenn Plat to
north line of 6453 McCauley Trail and McCauley Trail (west side) between south line of 6737
Indian Way West to north line of 6617 Indian Way West will be financed through special
assessments to abutting neighbors who have petitioned for these improvements.
Following a brief discussion, Council consensus was to continue the award of bid to June 19,
2001, allowing staff to discuss the addendum further with the contractors.
"BID AWARDED FOR ASPHALT REPAIR - WATER MAIN BREAKS Motion made by
Member Kelly and seconded by Member Hovland for award of bid for asphalt repair for
water main breaks to recommended low bidder, Asphalt Contractors, Inc., at $32,800.00.
Motion carried on rollcall vote - five ayes.
I
*BID AWARDED FOR COMPUTER SOFTWARE UPGRADES Motion made by Member
Kelly and seconded by Member Hovland for award of bid for computer software upgrades
to Software House International, under State Contract No. 425551, at $25,144.65.
Motion carried on rollcall vote - five ayes.
*RESOLUTION NO. 2001-39 - AOLSTIME WARNER TRANSFER OF CONTROL Motion
made by Member Kelly and seconded by Member Hovland approving the following
resolution:
RESOLUTION NO. 2001-39
APPROVING THE ACCEPTANCE OF THE RESOLUTION
APPROVING THE TRANSFER OF CONTROL OF
KBL CABLESYSTEMS OF THE SOUTHWEST, INC.,
THE CABLE TELEVISION FRANCHISEE, TO
AOL TIME WARNER
WHEREAS, the City of Edina, Minnesota (Titytt) passed and adopted Resolution No. 2000-46,
approving the transfer of control of KBL Cablesystems of the Southwest, Inc., to AOL Time
Warner (ltFranchisee") subject to certain specified criteria including, but not limited to, the
receipt of a signed Acceptance upon thirty (30) days of the date of the transfer closing.
WHEREAS, AOL Time Warner inadvertently failed to execute and forward a signed
Acceptance upon thirty (30) days of the date of the transfer closing as required.
Page 13
MinutesEdha City Council/'fune 5,2001
NOW, THEREFORE, the City Council for the City resolves as follows:
1. The City hereby extends the thirty (30) day requirement required in Resolution No.
2000-46 Section 3 (c) until July 31,2001.
This Resolution shall take effect and continue and remain in effect from and after the date of its
passage, approval, and adoption. I
Motion canied on rollcall vote - five ayes.
"RESOLUTION NO. 2001-38 - ADOPTING TOINT AND COOPERATIVE AGREEMENT
FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT - HENNEPIN
COUNTY CHIEF'S OF POLICE ASSOCIATION MUTUAL AID PACT Motion made by
Member Kelly and seconded by Member Hovland approving the following resolution:
RESOLUTION NO. 2001-38
A RESOLUTION ADOPTING THE
JOINT AND COOPERATIVE AGREEMENT
FOR USE OF LAW ENFORCEMENT PERSONNEL
AND EQUIPMENT OF JULY 1,2001
WHEREAS, the City of Edina and Hennepin County has previously approved and
participated in a mutual aid agreement between the police agencies within Hennepin
County to provide cooperative use of police personnel and equipment; and
WHEREAS, such agreement was most recently approved by the Edina City Council July
25,1968; and
WHEREAS, the participating governmental units have determined that it is advisable to
clarify and update the language of that agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina that the
Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment,
("Agreement') dated July 1,2001 from the Hennepin County Chief's of Police Association
be approved; that the City of Edina is withdrawing from the previous Hennepin County
Mutual Aid Agreement on the effective date in the new Agreement and that Michael J.
Siitari is authorized and directed to execute said Agreement on behalf of the City of Edina
as a participating member of the Agreement.
Passed by a vote of ayes and nays this fifth day of June 2001.
Motion carried on rollcall vote - five ayes.
JOINT POWERS AND GROUND LEASE AGREEMENT FOR SOUTHWEST METRO
PUBLIC SAFETY TRAINING CENTER CONTINUED TO WIXE 19, 2001 Chief Scheerer
explained the Southwest Metro Public Safety Training Center began back in 1994, with the
concept of building a police and fire training facility jointly with Bloomington, Eden Prairie,
Metropolitan Airport Commission (MAC) Police and Richfield. There has been a great need
for this facility. A joint project would include a larger facility with better equipment, lower
operating costs, 24 hours-a-day availability and standardized training exercises. Originally, a
site in Bloomington was considered but it became unavailable. After much research, the old
gun range site at Braemar Park was selected for several reasons, 1) a central location, 2) the
site would be Edinals 'lin-kjndll contribution towards construction cost of the facility, and 3)
distance from residential areas, terrain, water supply and access.
The delay in construction has been due to the length of time taken to secure funding from the
State of Minnesota. The consortium lobbied for State funding beginning in 1996. In the 1999
legislative session, a task force was funded to develop a statewide plan to determine the
Page 14
MinutesEdina Citv Councimune 5,2001
location and funding of Public Safety Training Centers. In the 2000 legislative session, the
state legislature approve $500,000 for the South Metro Public Safety Training Center. In
addition, in 2000, the City of Richfield opted out of the facility due to financial restraints.
Mr. Scheerer continued stating that in 2001, Bloomington, Eden Prairie, Edina and MAC were
preparing to move forward and construct the training center with a completion date of late
2002.
A video was presented explaining the need for such a training center.
Components of the facility would include; 1) an indoor firing range for both short-range and
long-range firearms, 2) a computer-controlled fire tower and residential structure, 3)
classrooms, 4) driving simulator and 5) a computer controlled decision-shooting range.
Mr. Scheerer explained the organizational structure of the center would be through the
proposed Joint Powers Agreement. The land would be owned by the City of Edina and
leased to the other powers with a proposed Ground Lease Agreement. The cost of the facility
($6.2 million, less $0.5 million grant) would be divided as follows:
Bloomington 42.5% ($2.5 million)
EdenPrairie 22.9% ($1.3 million)
Edina 20.0% ($1.2 million - includes $950,000 for land)
MAC (Police) 14.6% ($.85 MILLION)
The $195,000 annual operating expenses would be divided by the same percentage. The
construction expenditure for Edina would be $200,000 - $250,000, and funded through the
Capital Improvement Plan. Edina's portion of the yearly operating expense ($39,000) would
come from savings in overtime, travel and training fees. The facility would also generate
rental income that could be used to offset operating expenses or to fund capital
improvements.
I
Mr. Scheerer said the need for the center has increased yearly as gun ranges have closed and
live fire training eliminated. Both the Edina Police and Fire Departments have had a large
turnover of personnel and newly hired staff have not been trained to the level of former new
personnel. The Training Center had previously been supported by past Edina Councils
through resolutions adopted in both 1997 and 1999. Mr. Scheerer recommended approval of
the Joint Powers Agreement and the Ground Lease Agreement.
Police Chief Siitari said his focus would be on the gun range. The Police Department needs
the gun range to accomplish their mission of 'protect and serve'. With the loss of the gun
range four years ago, hand-gun skills have dramatically dropped. The Edina Police
Department have been vagabonds for four years, and consider themselves fortunate to get
four shoots in a year. Mr. Siitari noted recent incidents in the City establishing the need for
proficient hand-gun training. He stated the proposal was the best we can hope for with the
in-kind contribution. He said ultimately this proposal would be for the good of the residents,
not the Police or Fire Departments.
Page 15
MinutesBdina City CouncWune 5,2001
State Representative Erhardt indicated he was surprised to read the objections about the
training facility in the Edina Sun-Current recently because the facility has been underway for
approximately six years. He and Senator TerwiUiger have worked with the Legislature to
acquire funding for the facility and a number of out-state cities have followed suit. The
facility was more important than any sports field because it concerns the safety of all of
Edina. He reminded the Council that twice previously resolutions have been passed
supporting the facility.
I
A facsimile dated June 6,2001, was received from Mark Tesija, 7504 Hyde Park Drive, voicing
concern with a shooting range being located close to his home.
Council Comment
Member Kelly asked if the facility does not go forward, what would happen to the
earmarked $500,000 from the State Legislature. Chief Scheerer explained the dollars would
go to the Commissioner of Public Safety and possibly to the general fund. Member Kelly
asked if Maple Grove was trying to also build a training facility. Mr. Scheerer responded they
do have a small facility but were seeking fundhg to enlarge it to include fire personnel.
Representative Erhardt reiterated that Maple Grove does not have the room to build as large
a facility as the one proposed for the Braemar gun range site.
Member Housh said while he saw the need for a training facility and was not opposed to it;
other issues were pressing after the May 16th referendum failure. He suggested re-thinking
the use of the area before pressing ahead with a training facility. He voiced surprise with
how adamant the Park Board was against the training facility. Representative Erhardt said he
found it strange too since this had been proposed for approximately six years.
Member Masica asked where the Police Department was currently taking firearm training.
Chief Siitari replied the Department uses an Air Force range near the airport, when available.
They have also used a small facility in Minneapolis and a location in St. Louis Park. Member
Masica asked if any officers take training on their own, not as structured by the City, Mr.
Siitari answered that the force's better shooters go on their own to private ranges. Member
Masica asked how many acres were undeveloped in the Braemar Park area. Mr. Hughes said
he did not know the exact acreage. Member Masica commended Mr. Hughes for the stellar
job he has done putting the proposal together and negotiating for the City. Before the
referendum, she said she was behind the facility proposal 1000%, but this property was one
of the last developable pieces in Edina. Member Masica said she had been receiving calls
about what the City was going to do now for recreational facilities for the residents. She
believes the area needs further study.
Mayor Maetzold said the City was involved in many businesses, but the area where the most
money was spent was public safety. He believes it imperative that Fire and Police personnel
be highly trained. The training facility would be a good value for Edina and meets a critical
need. The alternatives for recreational facilities have not gone away. Gymnasiums could be
built adjacent or attached to Braemar Arena or the YMCA. He added that playing fields
would be best located on School District property. Mr. Maetzold said calls to him have been
in favor of bringing the issue back to the public in a 'different way'. The Blue Ribbon
Committee said the proposed training facility property was not good for recreational uses.
Page 16
Minutesfidina Citv Councimune 5,2001
Member Housh asked the issue be tabled to consider items in the referendum that would be
of most importance. He said he viewed the Braemar area as a recreational area and asked
again for the issue to be tabled. I
Member Masica acknowledged the training center as a critical need for the Police and Fire
Departments, but questioned whether the other involved cities might have more available
land than Edina. She agreed the issue should be tabled and stated she would like more
information from the Park Board and the general public.
Member Hovland said he recently conversed with one member of the Police Department and
was told training was sporadic and done at a great distance from Edina. Member Hovland
added that training for Police or Fire personnel was similar to military training, requiring
frequent practice. Having the facility in Edina would be beneficial and a top priority.
Member Hovland said he believed recreational needs could be met at other locations in the
City and reminded the Council that the Edina City Council had given their word to our
neighboring cities that the property would be used for the training facility. It did not seem
honorable to back away from that commitment. He pointed out that Representative Erhardt
had explained how hard he and Senator Terwilliger have worked to get to this point and the
best use of the land would be for a training facility.
Member Kelly asked what the risk would be if the proposal were tabled for two to three
months. Manager Hughes said he did not know what the conditions would be on the
earmarked $500,000. One possibility could be that one or more of the partners might fall out
of the mix. He said he would rather the issue were delayed for two to three months than
denied at this time.
Member Kelly asked if any of the interested cities have available land for a training facility.
Manager Hughes explained if land exists, the cities have not been forthcoming with it. Mr.
Kelly said he was not convinced that this decision could not be held for a few months.
Mayor Maetzold said this piece of land had not been considered for parkland. He voiced
concern with building freestanding gymnasiums facilities. He said he hoped the whole park
program did not depend on these three acres.
Member Hovland restated that he believes this facility would be the highest and best use for
the property. Tabling this could give the signal that we intend to change our minds. The
honorable thing to do would be to keep our promise to the other cities.
Director Keprios said the original use of the site was for a gun range and was donated by Dr.
Whipperman, in memory of his son, to teach gun safety. Use of the facility for a gun range
would be putting the site back into its originally intended use.
Mr. Scheerer reminded the Council that 1) this was park property, 2) other cities would love
to have the facility in their city, but were unable to come up with a location, 3) building the
facility in Edina was worth $1,000,000 to the City and 4) $40,000 operating costs would be a
Page 17
Minutes/Edina Citv Counciwune 5,2001
wash if it was in Edina, but would cost $40,000 annually if the facility were built in another
city.
Member Housh said the whole Council would like the facility built. Following the
referendum loss, residents voiced concern with a School/City partnership to solve recreation
issue. This meant also that City land was even more important. He suggested again tabling
the issue for a couple of months allowing further study.
8
Mayor Maetzold said the Park and Recreation programs were functioning although they
need more fields and gymnasiums. The Police and Fire Departments do not have a facility
and cannot train as needed.
Member Housh asked if a consensus could be reached by the Council to work on recreational
facilities for the comunity. He said if the issue was not tabled, he would not vote no.
Member Hovland concurred and stated his wish to start work on recreational facilities for the
community.
Member Kelly said three months delay would not kill this seven-year project. The previous
Councils, of which he was a part, made a commitment. Based on the Park Board
unanimously thinking the issue should be examined further, the issue should be tabled and
all needs balanced before a decision was made.
I Member Hovland said by tabling the issue, the wrong message was portrayed to the other
players. He stated again that he believes the City's recreational needs could be met in other
ways.
Mayor Maetzold concurred with Member Hovland and reminded the Council of the dollars
the City would have to spend if the facility was built in another location.
Mr. Hughes added that if the facility were built in another location Edina would have to
borrow the dollars possibly through a lease revenue bond. Attorney Gilligan explained that
approximately five years ago the legislature got special legislation allowing up to one million
dollars in general obligation bonds approved.
Member Housh made a motion to table the approval until the regular Council meeting in
August. Member Kelly seconded the motion.
Member Masica said while she admires Member Hovland's integrity and sense of ethics this
was a change in circumstances. She inquired whether the vacant land in the Braemar area
could house a multi-purpose recreational center. Mr. Hughes said the.property has a
si@cant hill and while the developable area could possibly handle a multi-purpose center,
parking would be problem. Additionally, the County just installed an 800 MHz tower at the
pinnacle of the hill. He stated deep reservations regarding operating costs with creating a
freestanding facility not attached to another building. Member Masica said if this issue was
tabled, staff needs direction reflecting the Council's wishes. Member Kelly said the Council
needs to direct staff to examine the alternatives for gymnasium and field space and to inform
the public and the Park Board. Mr. Hughes indicated what he believed would be achievable
Page 18
MinutesBdina Citv Council/Tune 5,2001
in a few months was an examination of the site and a decision of what alternative uses would
fit on the site. He voiced concern with trying to replicate in two months, all the work the Blue
Ribbon Committee did on the bigger issue such as "how does this site relate to other sites in
the City". Member Kelly mentioned a few sites that could work for recreational facilities. Mr.
Hughes explained those sites had been examined in the past. Mayor Maetzold asked if other
sites could be examined in a broad perspective. Mr. Hughes said it took two years to bring
this issue to a referendum, and bringing back a plan "b" in two months would be impossible.
Member Housh voiced concern with losing the $500,000. Chief Scheerer said he believed the
dollars would be fine but the coalition would not. Mr. Hughes added loss of the dollars
seems remote but he will talk to the other members of the coalition about a three-month
delay. Member Kelly added that the need for a training facility was not going away. Member
Hovland again stated that the need could not be met in any of the other cities. He asked if
withdrawing the issue might be a better idea than tabling it.
Member Housh withdrew his motion to table the issue of approving the Joint Powers and
Ground Lease agreement for the South Metro Public Safety Training Center and asked
postponement of the issue to the June 19, 2001, regular Council Meeting. Member Kelly
seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Motion carried.
*RESOLUTION NO. 2001-42 - AMENDED M@OT AGREEMENT NO. 80359R
APPROVED Motion made by Member Kelly and seconded by Member Hovland
approving the following resolution:
RESOLUTION NO. 2001-42
A RESOLUTION
AMENDING Mn/DOT AGREEMENT NO. 80359R
NOW, THEREFORE, BE IT RESOLVED that the City of Edina enter into Mn/DOT
Amended Agreement No. 80359R with the State of Minnesota, Department of
Transportation for the following purposes:
To remove the existing traffic control signals and install new traffic control
signals with street lights, emergency vehicle pre-emption and signing on
Trunk Highway No. 100 West Ramps - Trunk Highway No. 100 West
Frontage Roads at Industrial Boulevard - Industrial Boulevard/West 77th
Street, on Trunk Highway No. 100 East Ramps - Trunk Highway No. 100 East
Frontage Roads at West 77th Street - West 77th Streeflndustrial Boulevard,
and on West 77th Street at Pentagon Park Office - Private Drive; and install
interconnect on West 77th Streeflndustrial Boulevard from Metro Boulevard
to Pentagon Park Office - Private Drive in accordance with the terms and
conditions set forth and contained in Agreement No. 8035913, a copy of which
was before the Council.
BE IT FURTHER RESOLVED that the proper City officers be and hereby are
authorized to execute such agreement and any amendments, and thereby assume for
and on behalf of the City all of the contractual obligations contained therein.
Adopted this 5th day of June 2001.
Motion carried on rollcall vote - five ayes.
Page 19
MinutesEdha Citv Council/Tune 5,2001
WATER PRESENTATION DELAYED UNTIL FUTURE COUNCIL MEETING The Council
directed staff to bring the presentation on water back at a future meeting due to the late hour
of the meeting.
NEW WINE AND BEER LICENSE FOR BEAUTO'S LTD, (4950 FRANCE AVENUE
SOUTH) APPROVED Mr. Hughes explained that Beaujo's, Ltd., d.b.a. Beaujo's applied to
the City for an on-sale wine and 3.2 beer license for a new business to be located at 4950
France Avenue. The applicant filed all necessary documentation for liquor licenses and paid
the applicable license fees. The Planning Department reviewed the application and found
that it complies with code requirements. The Health Department was satisfied with the
applicants' plan for storage and service and had their food license for processing. The Police
Department completed their investigation and found nothing negative with the process
going forward.
Member Kelly made a motion approving the new wine and beer license for Beaujo's, LTD,
4950 France Avenue South. Member Housh seconded the motion.
Ayes: Housh, Hovlandl Kelly, Masica, Maetzold
Motion carried.
*RESOLUTION 2001-40 - APPROVING NO PARKING AT 76m STREET AND YORK
AVENUE APPROVED Member Kelly introduced the following resolution, seconded by
Member Hovland I RESOLUTION NO. 2001-40
RELATING TO PARKING RESTRICTIONS ON
WEST 76TH STREET FROM EDINBOROUGH WAY TO
XERXES AVENUE - S.A.P. 120-136-15
THIS RESOLUTION passed this 5th day of June 2001, by the City of Edina in Hennepin
County, Minnesota. The Municipal Corporation shall hereinafter be called the "City",
WITNESSETH:
WHEREAS, the "City", has planned the improvement of MSAS 136, W. 76fh Street from
Edinborough Way to Xerxes Avenue.
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 both sides of MSAS 136, W. 76fh Street, at all times.
Dated this 5th Day of June 2001.
Motion carried on rollcall vote - five ayes.
CONCERN OF RESIDENT Ami Sharpe, 4132 West 45th Street voiced concern with the
spraying of weeds in her neighborhood park - Kojetin Park. She questioned certain aspects of
the turf management plan and stated that the use of 2,4D is detrimental to anyone in its
path. Ms. Sharpe asked the Council to direct the Park Department to stop the increased
spraying and to include the Community Health Council in decisions regarding turf
management. She asked when the turf management plan was modified that citizens would
be notified.
Page 20
I
MinutesEdina Citv CounciWune 5,2001
Member Housh inquired of Park Director Keprios whether the turf management plan had
been violated. Member Kelly said the Council voluntarily decided to depart from the plan
because the parks were 90% weeds. Director Keprios commented that the City was somewhat
in violation of the plan. Crews had been directed to spray "C" areas but were told to stay 50
feet away from all playground structures. Cornelia Park and Creek Valley will not be
sprayed. He reiterated the most fiscally responsible thing to do was to spray since re-
turfment was clearly not an option. Member Housh asked how long was the acceptable time
to stay off a sprayed area. Director Keprios explained areas were posted before spraying to
keep off the sprayed area for 24 hours. He said the City was extremely careful when they are
spraying chemicals. Mayor Maetzold asked if organic herbicides could be used. Director
Keprios said the department had tried organic herbicide but found it turned the grass brown
and the long-term effects were not known. Member Masica asked again about the acceptable
time to stay off a sprayed area. Director Keprios said it was recommended to stay off for one
day.
Sanitarian Velde explained that 2,4-D was not on a list of carcinogens or suspected
carcinogenic compounds. The National Pesticide Telecommunications Network, funded by
the Environmental Protection Agency, wrote the half-life of 2,4-D in the soil was ten days.
Member Housh asked if lawn services use 2,4-D. Mr. Velde answered that lawn services
could be using many products for different uses; insect control, etc. but 2,4-D was used
generally for broad leaf weeds.
Mr. Hughes said since the adoption of the turf management plan, the use of herbicides had
decreased sigmficantly on City property. He believes the City had been judicious in the use
of herbicides.
I
Ms. Sharpe asked if "C" parks could be re-examined by the Community Health Committee.
Mi. Hughes suggested Park and Recreation Department staff look at the turf management
plan with regards to "C" classification parks and come back with suggestions to the Council.
CONCERN OF RESIDENT Ryan Langsev, 5801 Concord Avenue told of his concern over
Metro Transit buses operating on Concord Avenue and South View Lane. He explained he
had contacted both the School District and Metro Transit to complain about the buses. Metro
Transit informed him that Edina Schools and the City of Edina has approved the South View
Middle School Park and Ride. Mr. Langsev reported that Doug Johnson of Edina Schools has
written to Metro Transit rescinding the District's permission to locate a park and ride at
South View. He requested the City take similar action.
Maria Fesenmaier, 5713 Concord Avenue, President of ECC Neighborhood Association also
expressed her concern about the bus route.
Following a brief discussion, Member Kelly introduced the following resolution and
moved its adoption:
WHEREAS, the Metro Transit had located a park and ride facility at Edina School
District's South View Middle School located at 4725 South View Lane; and
RESOLUTION NO. 2001-43
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MinutesEdina Citv Council/rune 5,2001
WHEREAS, Metro Transit had routed buses to accommodate this park and ride location
over South View Lane and Concord Avenue; and
WHEREAS, Concord Elementary School, South View Middle School and Normandale
Elementary School are all located in close proximity to the aforementioned bus routes; and
WHEREAS, the Edina School District has withdrawn permission for the Metro Transit to
use South View Middle School as a bus park and ride location.
NOW, THEREFORE BE IT RESOLVED that the Edina City Council hereby requests Metro
Transit to immediately remove bus routes and bus stops from Concord Avenue and South
View Lane.
Adopted this 5th day of June 2001. Member Hovland seconded the motion.
Ayes: Housh, Hovland, Kelly, Masica, Maetzold
Resolution adopted.
*CLAIMS PAID Member Kelly made a motion and Member Hovland seconded the
motion approving payment of the following claims as shown in detail on the Check
Register dated May 16, 2001, and consisting of 35 pages: General Fund $219,078.36;
Communications Fund $25,828.51; Working Capital Fund $18,839.78; Art Center Fund
$3,118.94; Golf Dome Fund $1,134.09; Aquatic Center Fund $1,167.00; Golf Course Fund
$112,018.12; Ice Arena Fund $15,196.33; Edinborough/Centennial Lakes Fund $21,120.51;
Liquor Fund $111,026.58; Utility Fund $254,546.49; Storm Sewer Fund $682.95; Recycling
Fund $30,378.50; Payroll Fund $485,000.00; TOTAL $1,299,136.16; and the following claims
as shown in detail on the Check Register dated May 23,2001, and consisting of 29 pages:
General Fund $203,891.97; Communications Fund $11,377.34; Working Capital $1,524.68;
Construction Fund $5,564.73; Art Center Fund $9,822.01; Golf Dome Fund $200.00; Aquatic
Center Fund $5,858.79; Golf Course Fund $28,458.70; Ice Arena Fund $1,394.67;
Edinborough/Centennial Lakes Fund $4,737.81; Liquor Fund $99,015.25; Utility Fund
$10,755.41; Storm Sewer Fund $1,156.72; Recycling Fund $109.00; HRA Fund $185,000.00;
TOTAL 568,867.08; and the following claims as shown in detail on the Check Register
dated May 30, 2001, and consisting of 42 pages: General Fund $166,960.81;
Communications Fund $87.25; Working Capital Fund $1,424.03; Construction Fund $240.00;
Art Center Fund $8,716.10; Golf Dome Fund $1,049.00; Aquatic Center Fund $9,707.83; Golf
Course Fund $44,512.79; Ice Arena Fund $479.40; Edinborough/Centennial Lakes Fund
$9,869.27; Liquor Fund $181,471.12; Utility Fund $57,360.16; Recycling Fund $10.06; Payroll
Fund $320,000.00; TOTAL $801,887.82.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Mayor Maetzold declared the
meeting adjourned at 11:02 P.M.
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