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Home My WebLink About1988-05-02_COUNCIL PACKETAGENDA EDINA HOUSING AND REDEVELOPMENT AUTHORITY EDINA CITY COUNCIL REGULAR MEETING MAY 2, 1988 7:00 P.M. ROLLCALL I. APPROVAL OF OPTION AGREEMENT - DECOURCY PROPERTY II. ADJOURNMENT EDINA CITY COUNCIL CENTENNIAL UPDATE TREE CITY USA AWARD I. ADOPTION OF CONSENT AGENDA ITEM. All Agenda items marked with an asterisk (*) and in bold print are considered to be routine and will be enacted by one motion. There will be no separate discussion of such items unless a Council Member or citizen so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. II. APPROVAL OF MINUTES of the Special and Regular Meetings of April 18, 1988 III. PUBLIC HEARING ON PROPOSED IMPROVEMENT. Affidavits of Notice by Clerk. Presentation by City Manager. Public comment heard. Motion to close hearing. If Council wishes to proceed, action by Resolution. 3/4 favorable rollcall vote to pass if improvement has been petitioned for; 4/5 vote required if no petition. A. Tree Trimming Improvement No. P-TT-04 Area bounded by Country Road 18 on the West, Highway 100 on the East, Highway 62 on the North and the Southern City Boundary Line on the South IV. PUBLIC HEARINGS AND REPORTS ON PLANNING MATTERS. Affidavits of Notice by Clerk. Presentation by Planner. Public comment heard. Motion to close hearing. Zoning Ordinance: First and Second Reading requires 4/5 favorable rollcall vote of all members of the Council to pass. Waiver of Second Reading: 4/5 favorable rollcall vote of all members of Council required to pass. Final Development Plan Approval of Property Zoned Planned District: 3/4 favorable rollcall vote required to pass. A. Final Plat Approval - Interlachen Bluff (Andron, Inc.) - Generally located south of Interlachen Boulevard and east of Interlachen Circle B. Set Hearing Date (5/16/88) 1. Preliminary Rezoning and Preliminary Plat Approval - Jerry's Enterprises - Generally located north and south of Eden Avenue, west of Brookside Avenue and the Soo Line Rail Tracks 2. Preliminary Rezoning and Preliminary Plat Approval - Harvey Swenson - R-1 Single Dwelling Unit District to PRD-2, Planned Residence District - Generally located southeast of Vernon Avenue and west of Sherwood Avenue 3. Preliminary Rezoning and Preliminary Plat Approval - Landmark Addition - R-1, Single Dwelling Unit District to R-2, Double Dwelling Unit District - Generally located east of Lincoln Drive and south of West 7th Street Extended Agenda Edina City Council May 2, 1988 Page 2 V. ORDINANCES. First Reading: Requires offering of Ordinance only. Second Reading: Favorable rollcall vote of majority of quorum required to pass. Waiver of Second Reading: 4/5 favorable rollcall vote of all members of Council required to pass. VI. VII. A. First Reading 1. Ordinance 2. Ordinance 3. Ordinance Waste for 4. Ordinance B. No. 905 - Open House Party Ordinance No. 902-A5 - Amending the Wine Licensing Ordinance No. 1301-A3 - To Require Garbage Haulers to Collect Yard Composting No. 711-A5 - To Permit Placement of Grass Clippings and Leaves on the Curb Adjoining Residential Property Second Reading - Ordinance No. 102 - Limiting Terms of Service of Individuals Appointed by Council to Boards, Commissions or Committees SPECIAL CONCERNS OF RESIDENTS AWARD OF BIDS A. Pump and Well Renovation - Deep Well #10 (Cont'd from 4/18/88) B. Small Truck for Golf Course Maintenance Use C. Public Officials Liability and Police Professional Liability Insurance Renewals D. Mill Pond Weed Harvesting VIII. RECOMMENDATIONS AND REPORTS IX. X. XI. XII. A. B. C. D. E. F. G. H. Deer Report - DNR Braemar Park Facilities Report I-494 Environmental Impact Statement and I-494 Joint Powers Agreement SHHSC Extension of First Call for Help Noise Impact Study - Additional Scope of Services Feasibility Report - Sidewalk Improvement P-S-45 - Set Hearing Date (5/16/88) Set Date - Council Follow-up Session with Facilitator City Hall Council Picture Display COMMUNICATIONS/PETITIONS A. Re: 7100 France Avenue South Residents of Neighborhood David and Toni Knutson, 7001 Lynmar Lane SPECIAL CONCERNS OF MAYOR AND COUNCIL POST AGENDA AND MANAGER'S MISCELLANEOUS ITEMS FINANCE A. Payment of Claims as per pre -list dated 5/2/88: General Fund $83,391.61, Art Center $6,374.41, Capital Fund $44,730.82, Swimming Pool Fund $287.76, Golf Course Fund $41,244.40, Recreation Center Fund $3,601.45, Gun Range Fund $233.33, Edinborough Park $10,650.56, Utility Fund $217,628.38, Liquor Dispensary Fund $32,601.54, Construction Fund $6,414.35, Total $447,158.61 Option Fee: Gravel Removal: Taxes and Assessments: REPORT/RECOMMENDATION To: From: Date: Subject: Ken Rosland Gordon Hughes 4/29/88 DeCourcy Property Recommendation: Agenda Item # HRA 1. Consent Information Only Mgr . Recommends To HRA To Council Action Motion Resolution Ordinance 7 Discussion Authorize Chairman and Secretary to execute Option Agreement. Info/Background: On March 7, 1988, the HRA authorized acquisition of the DeCourcy property in connection with its approval of -the Hedberg redevelopment contract. Staff has negotiated an Option Agreement with DeCourcys and we request that the HRA authorize the Chairman and. Secretary to execute this Agreement. The basic elements of the proposed Option Agreement are: Purchase Price: $6/Square Foot. This equates to a purchase price of $2,230,590. Option Period: The option would run through November 15, 1988, which tracks with the Hedberg option. $10,000. DeCourcys may remove gravel from the property prior to closing. The HRA would assure responsibility for the second one half taxes for 1988 and installments of special assessments. This equates to approximately $35,000. The proposed total purchase price is within the budgeted amount for this acqui- sition. MINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 18, 1988 The Edina City Council held a closed meeting for the purpose of discussing possible litigation concerning the Homart - Hedberg Agreements on April 18, 1988 at 6:30 p.m. at Edina City Hall. Present were Members Kelly, Richards, Smith, Turner and Mayor Courtney. Staff in attendance were Manager Rosland, Assistant Manager Hughes, Attorney Erickson and Clerk Daehn. Assistant Manager Hughes reviewed the terms of the proposed agreement between the City of Bloomington, City of Edina and the South Edina Development Corporation relating to traffic generation attributable to the office and hotel components of the Hedberg development. Attorney Erickson explained the City's legal position with regard to potential litigation by Homart Development Company. It was agreed that staff should continue to reaffirm all previous agreements with the parties affected. No other business was discussed or formal action taken by the Council. The meeting was adjourned at 6:55 p.m. City Clerk MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 18, 1988 Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney. CAPTAIN LEONARD KLEVEN COMMENDED. Manager Rosland introduced Captain Leonard Kelven and stated that he began his employment with the City on January 1, 1969 and moved through the ranks in the Police Department to the position of Captain. Manager Rosland said that Captain Kleven was selected to attend the FBI National Academy and graduated upon completion of the intensive course of training offered at the Academy, having been on the deans's list. Manager Rosland congratulated Captain Kleven and commended him for his outstanding performance in the Police Department. Captain Kleven was presented with a silver pen bearing the City logo in appreciation. Members of the Council added their thanks and commendation. CONSENT AGENDA ITEMS ADOPTED. Motion was made by Member Smith and seconded by Member Kelly to approve and adopt the consent agenda items as presented. Rollcall: Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. PUBLIC HEARING CONDUCTED ON SOUND WALLS/SIGHT BARRIERS - HIGHWAY 100 FROM WEST 50TH STREET TO NORTH CITY LIMITS. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Engineer Fran Hoffman stated that this will be an informational hearing with presentations from the neighborhood Task Force, the consulting engineers (Strgar-Roscoe-Fausch, Inc.) and staff on the effects of sound walls/sight barriers. He explained that currently the City has not been involved in sound barriers as the implementing agency. During 1987 the City received a petition from neighbors to consider constructing barriers. The Council responded by directing that a Task Force be appointed and a study be made on sound walls/sight barriers with the assistance of consulting engineers. He introduced Peter Fausch and Jim Kranig as the consultants. Mr. Kranig summarized the Noise Impact Study as follows: identification of the study area, neighborhood noise issues, monitoring of noise levels, modeling of noise levels, mitigation alternatives, preliminary construction cost estimates of alternatives, and funding alternatives. Mr. Kranig explained that the standards used for the study were the State L10 noise standards (noise level exceeded during 10 percent of the monitored period) which for residential areas are a maximum of 65 decibels for daytime hours between 7:00 a.m. and 10:00 p.m. and 55 decibels for nighttime hours between 10:00 p.m. and 7:00 a.m. The Federal standard is a 24 hour standard at 70 decibels. Noise levels were monitored with the results indicating relatively high daytime L10 noise levels for homes which are within a few lots of bordering on Highway 100. Also, the nighttime noise levels were above or near the State L10 nighttime standard for many of the sites within the study area. In all cases, the nighttime noise levels were 2 to 3 decibels lower than the daytime noise levels. Mr. Kranig presented graphics to explain how noise levels were modeled and to illustrate the noise level decibels for various areas within the study area. Mitigation alternatives were investigated including wall heights of 10 feet and 15 feet above the pavement surface. He showed graphics of the peak daytime noise contours with 10 foot high and 15 foot high continuous walls. The results showed all of the study area in compliance with the State daytime standards for either wall meaning that 60 to 70 houses would be brought into compliance. Peak nighttime noise contours with 10 foot high continuous walls indicated that approximately 160 to 170 houses would continue to exceed the State nighttime standards even with the 10 foot wall. With the 15 foot wall approximately 100 to 110 houses would continue to exceed the State nighttime standard. Mr. Kranig said current construction costs for noise walls running along both sides of Highway 100 between West 50th Street and the northern City Limits are estimated at $625,000 for a 10 foot wall and $875,000 for a 15 foot wall. As to funding, there are a number of ways in which the costs of the walls could be assessed to the benefiting properties. These range from a flat rate assessed to all of the properties defined as receiving benefits to a complex assessment based on benefits per decibel reduction. The study showed preliminary noise wall costs for the various methods examined for assessing costs resulting in an average cost per house ranging from $3,200 to $18,900, depending on how benefit is defined. Cost per house would be much higher for houses along Highway 100 if costs are assessed based on decibel reductions. Mr. Kranig said that noise mitigation is not commonly done on existing roadways unless the noise levels are decreased by 5 to 10 decibels and that MNDOT requires a minimum of a 10 decibel reduction to ensure that the benefits are perceived by nearby residents to be worth the cost. The study also identified a problem with truck impact noise at the Minnehaha Creek bridge. He reported that the Task Force was mixed on whether noise walls should be constructed but was in general agreement that there should be property tax relief for those properties which are significantly impacted by Highway 100 traffic noise if no noise mitigation action is taken. Subsequent to the Noise Impact Study report to the Council on March 21, 1988, and in response to the questions raised as to highway noise throughout the City of Edina in general, Mr. Kranig said that they spot monitored fifteen sites. The results were that essentially every site was over standard with the exception of the area behind the noise walls on Highway 100 just north of West 70th Street. The summary and conclusions of the spot checking were: 1) approximately 14 to 15 miles of noise walls would need to be constructed to bring these areas into compliance, 2) the walls along arterial streets would not be very effective because they could not be continuous because of intersections and driveways, 3) estimated cost of 14 miles of noise walls at 10 feet in height would be $8,000,000 to $10,000,000, and 4) at least 10 miles of high volume local streets could not be mitigated effectively. Following Mr. Kranig's presentation, Engineer Hoffman said that one issue identified during the citywide noise assessment study made during the last few weeks was that this is a Council policy issue for the entire City rather than a neighborhood issue. Tony Navarro reported for the Task Force advising that approximately 15 households were represented. He summarized the attitude of the Task Force as follows: 1) A small but vocal minority indicated that they were totally against the barrier for any reason or at any cost, 2) A small faction was not in favor or a sound barrier but felt it is best for the overall benefit of the community in retaining the integrity and value of the neighborhood area but were not in favor of costs being assessed to them, 3) The majority was in favor of a sound barrier, preferably the 15 foot height, and 4) Based upon the study and discussion, all agreed that there definitely is a problem that needs attention and correction. Mr. Navarro said that the MNDOT report, an independent report and the consultant's report provide facts and information that show the area in question is in substantial excess of State requirements, that there is a problem that needs a corrective approach immediately. The Task Force felt that the traffic volume will only increase and failure to attempt to correct the problem today will only result in greater problems tomorrow, e.g. potential reduction of property values resulting in potential deterioration of the neighborhood. The City should consider participating in the funding of sound barrier for these reasons: 1) To protect the tax base created by the valuation of homes in the area, and 2) In order to maintain the neighborhood flavor and atmosphere at a level of quality desired by the City for its citizens. Mr. Navarro presented an exhibit summary of several home sales that do not seem to create parity between homes in the sound survey area and other homes in the neighborhood outside the survey area but showed a dramatic variance in prices and taxes, e.g. 20 - 30% variance. He pointed out that values of homes in the immediate area are not keeping up with the overall 7% increase in values experienced throughout the City. Although the Noise Impact Study indicated that property tax relief is an alternative, the Task Force believed that homeowners were not looking for tax relief but rather for an improvement of neighborhood quality of life and mitigation of the sound/sight issues. The Task Force felt that the noise barriers should be constructed to cover the area from West 50th to 44th Streets only which would eliminate approximately 700 linear feet reducing the estimated cost by approximately $125,000 to $150,000. Double homes and apartments were considered as a single unit for the base on which to spread the cost. The cost of construction could be further diluted if households were counted within such units over which to spread the assessment. The study showed that with a 15 foot sound barrier a substantial area would have a reduction of 5 decibels or greater. As to funding, the Task Force proposed: 1) That 50% of funds necessary to pay for the sound barriers be provided by the City, 2) The remaining 50% to be assessed to all homes, including single residences, rental properties, doubles, apartments and commercial properties that may benefit from the construction of sound barriers, and 3) Assessments to senior citizens on fixed incomes be structured on a deferral basis whereby no annual interest or principal is charged until such time as the home is sold or transferred to another beneficiary or heir. In conclusion, Mr. Navarro said that the overall recommendation of the Task Force was: 1) To proceed immediately to a public hearing, 2) Approval of construction of a 15 foot sound barrier between West 50th Street on the south and West 44th Street on the north with possible consideration of extension to the northerly City limits, subject to further discussion with interested residents in that area, and 3) Mitigation of the truck impact noise identified at the Minnehaha Creek bridge area and possibly at the West 44th Street bridge area by City discussion with State officials to create positive results. On behalf of the Task Force, Mr. Navarro thanked the City officials for hearing the issues, concerns and spending the money for consultants with regard to the issue of sound barriers. Engineer Hoffman then presented the following options as developed by staff: 1) Develop an overall policy on long term noise abatement, 2) Propose legislation which deals with cooperative funding on abatement projects, and 3) If no general funding is available, develop projects if neighborhood is willing to fund projects. With regard to proposing legislation, he pointed out several factors to consider in drafting legislation for State funding assistance of noise mitigation. He reported that from the numerous phone calls received during the past week on the issue of sound walls that those residents in the area of less than 65 decibels did not perceive the Highway 100 noise to be a problem, while those in the areas of 65 decibels and over felt the noise problem should be mitigated. Mayor Courtney thanked the Task Force members for their efforts, time and input in the Noise Impact Study. He then called for public comment. The following individuals spoke in opposition to construction of sound walls: E. Dudley Parsons, 4437 Brookside Terrace, who presented a petition signed by 78 residents in the study area asking that they be excluded from any assessment for sound walls; Amy Kelly, 5009 Edinbrook Lane; Les Kraus, 4375 Thielen Avenue; Jack Hodnett, 4824 W. Sunnyslope Road, Patrick Ellingsworth, 4382 Mackey Avenue, who presented a petition signed by 7 other residents on Mackey Avenue in opposition; John Bergan, 4804 Woodhill Way, who suggested that a blacktop overlay be considered; Kelsey Smith, 4801 W. 44th Street; Carrie Kohlmann, 5105 W. 48th Street; Leo Hughes, 5036 Edinbrook Lane; Bob McLane, 4527 Arden Avenue; Forest Richardson, 5004 Edinbrook Lane; and Robert Firth, 4817 West Sunnyslope Road. Speaking in support of construction of sound walls were: Steve Snyder, 4601 Sunnyside Road; Linda Eugster, 4909 Sunnyside Road; Richard Holetz, 4905 Sunnyside Road; Robert Hansen, 4820 West Sunnyslope Road; Bruce Christensen, 4900 Sunnyside Road; Robert Lund, 4904 Sunnyside Road; Margery Hane, 4920 East Sunnyslope Road; Sue Seckinger, 4912 Sunnyside Road; Robert and Andre De brey, 4502 Browndale Avenue; Margaret Francis, 4609 Cascade Lane; Steve Libby, 4612 Cascade Lane; Leslie Sedan, 4916 Sunnyside Road; and Sharon Bergen, 5101 W. 44th Street, who requested that the noise wall go beyond W. 44th Street. For the record, letters in opposition were received from Marjorie Ruedy, 5048 Edinbrook Lane; Jim and Laurie McWethy, 4383 Thielen Avenue; Mary Hartupee, 5016 Edinbrook Lane; Albert Heimbach, 5033 Edinbrook Lane; James J. Welna, 5139 W. 44th Street; David and Patti Bruflodt, 4837 Westbrook Lane; Jim and Anne Didtfeldt, 4905 Ridge Place; James and Betty Solberg, 5025 Edinbrook Lane. Letters in support were received from Susan Shore, 4505 North Avenue; Jack and Bonneigh Christy, 4828 West Sunnyslope Road; M. E. Bailey, 5004 Moore Avenue; Constance Abbott, 4605 Cascade Lane; Keith and Liz Keiler, 4604 Cascade Lane; and Peter Worthington, 4381 Thielen Avenue, if wall is terminated at W. 44th Street and at least 50% of cost is provided by City. Following public comment, Mayor Courtney asked for comments from the Council. Member Smith said that he is sympathetic but that this is not an issue of noise standards but one of responsibility. He stated that this problem is the responsibility of the Minnesota Department of Highways and that we should push for State funding because Highway 100 is not only used by residents of Edina but by vehicles from all over the region. He said that he would like to find out how many residents would favor a noise wall if they did not have to pay for it. He also said that it would be difficult to agree on a design if a noise wall were to be constructed. Member Kelly said that she would need answers to several issues before she could make a decision: 1) property tax implication of the highway noise problem, 2) additional information on the other 14-15 sites in the City that exceed State noise standards in order to look at the whole City, 3) and how many people would be affected by the "look" of the wall. She added that we look at legislation for some of the funding and that in looking at estimated costs she did not perceive that there would be a tremendous improvement if noise walls were constructed, especially if they ended at West 44th Street. Member Turner agreed that several additional steps have to be taken in order to find the proper solution: 1) Staff should pursue the State to address the truck impact noise identified as soon as possible, 2) Work on a long range noise reduction policy for the entire City, 3) Pursue legislation changes that would allow for State funding of sound barriers. As to legislation, she noted that there are tremendous demands on a small pot for highway improvements in the metro area and the entire State and that sound barriers would likely not have top priority. She also noted that there have been several examples in the City where private developers have built sound barriers for their developments. She said there is no reason why that can't go forward in any area of the City where those neighbors who feel strongly enough about sound barriers go through the process to make their own improvement. Member Richards commented that more hard data should be obtained on the issue of blacktopping as a means of noise reduction as to duration, cost and funding. He said that there is an inequity in that the State would fund sound barriers for new highway construction and that the City should fund barriers where there is no new construction. He suggested that this message, as well as the public turnout at this hearing, be communicated to our State legislators as well as Congressman Frenzel and Senators Durenberger and Boschwitz. Mayor Courtney said he would like to know which rows of houses, in relation to distance from the highway, would be affected by a noise wall for the better. He added that he agreed with comments of the Council that more information would be needed before a decision could be made. Following more discussion, Member Richards moved that additional information on the following issues be brought back to the Council on June 20, 1988: 1) Impact on property values, 2) MNDOT repair of truck impact noise on Minnehaha Creek bridge, 3) Noise reduction policy, 4) Legislation for State funding, 5) Neighborhood funding issue, 6) Blacktopping and 7) Hennepin County funding implications. Motion was seconded by Member Smith. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. PUBLIC HEARING CONDUCTED: REZONING AND FINAL DEVELOPMENT PLAN FOR EXPANSION - 7100 FRANCE AVENUE SOUTH REFERRED BACK TO PLANNING COMMISSION. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Craig Larsen presented the request for rezoning to Planned Commercial District, PCD-2, and approval of the Final Development Plan for 7100 France Avenue South. Adjacent uses to the north are the Collins Interiors building and the Amoco service station; to the south the Coldwell Banker real estate office; to the east of France Avenue is the greater Southdale commercial area; and to the west are smaller apartment buildings. The subject property is the two story Calhoun Realty Company building and is zoned Planned Office District, POD-1, with a gross floor area of approximately 27,000 square feet. The proponents have a purchase agreement to acquire the property and are requesting approval to relocate their Room and Board furniture store to this location. Currently, furniture stores are not an allowed use in the Office District and are allowed only in the Commercial District. The Comprehensive Plan Land Use Map designates the property as Office and rezoning the property to Commercial District would require an amendment to the Comprehensive Plan. Planner Larsen said that the existing building would be renovated inside and out. The exterior of the building would be improved by the installation of a new roof, new surfaces and entrances. There would also be a 6,000 square foot addition on the west side of the building. Presently, the parking lot for the subject building is connected to the parking immediately to the south. That connection would be removed and a 10 foot wide landscape buffer between the lots would be created that would comply with Zoning Ordinance standards. A 10 foot wide landscape buffer is also proposed between the subject parking lot and the parking lot for the apartment building immediately to the west. Two curb cuts onto France Avenue would be removed and the front area would be re -landscaped. Planner Larsen explained that, as a result of the France Avenue widening project to be constructed by Hennepin County, the parking spaces in front of the Collins Interiors building will be lost. To address that parking loss, the proponents have requested the vacation of Mavelle Drive between Sandell Avenue and France Avenue. The vacated street would provide additional parking for the subject site and also for the adjacent Collins Interior building with a net increase of 33 parking spaces. With regard to the land use issue, Planner Larsen said that the Comprehensive Plan in discussing Southeast Edina states the following policy: "Restrict the extension of retail commercial uses in the area. Prohibit any rezoning to commercial district of lands not now zoned commercial." France Avenue has been the traditional westerly limit of retail use in this area; the existing retail uses to the north pre -date modern zoning ordinances and land use plans. The proponents have offered two approaches as an alternative to rezoning and amending the Comprehensive Plan: 1) To allow furniture sales as a permitted principal use in the Planned Office District, provided certain locational criteria and performance standards are met, and 2) To allow furniture sales as a conditional use in the Planned Office District, subject to the same locational criteria and performance standards applicable to the permitted principal use alternative. The proponents have identified three to four other sites in the City that would meet the proposed set of criteria for location of furniture sales. As to the traffic issue, Planner Larsen said that the proposed re -use of the property would reduce the number of p.m. peak hour trips generated by this site. Parking for furniture sales require less than one-half of the parking required for other retail uses and requires one-half of the parking required for office use. Planner Larsen pointed out that the real problem is the Collins Interiors site to the north which is also owned by the proponents. For furniture sales it should have 72 parking spaces on site. Currently, there are approximately 34 and after the taking for the widening of France Avenue there will be 22 spaces. The proposal with the vacated street would allocate approximately 45 spaces to the Collins site; an improvement over what exists today for on -site parking. The combined plan would yield approximately 110 spaces. Given the floor areas of each building, the total parking that would be required would normally be 150 spaces. In staff's opinion the amount of parking proposed should be adequate if both sites continue to be used as furniture stores. He said that the proponents have offered to enter into a proof of parking agreement. The Community Development and Planning Commission considered the proposal at their meetings of March 2 and 30, 1988 and recommended that the proposal be denied. Their recommendation was based on the land use issue and their reluctance to vary from the policy in the Comprehensive Plan relative to restricting the enlargement of the areas used for retail purposes in Southeast Edina. Planner Larsen explained that if the Council's decision is to approve the proposal, staff would suggest the following actions: 1) Resolution amending the Comprehensive Plan to change the land use designation from Office to Commercial, 2) First reading of Ordinance No. 825-A23, rezoning from POD-1 Planned Office District to PCD-2 Planned Commercial District, and 3) Resolution approving Final Development Plan conditioned on: a) Proof of Parking Agreement covering both the Collins and the 7100 France Avenue sites, and b) Review of final plans for building materials and landscaping to occur concurrent with the second reading of the Zoning Ordinance amendment. If the Council wishes to grant approval by either alternative method offered by the proponents, the action would be First Reading of the Ordinance Amendment and approval of the Final Development Plan with the same conditions as listed above. Planner Larsen then introduced Robert Hoffman, representing the proponents. Mr. Hoffman stated that the proponents' preference would be to amend the text of the Office District in the Zoning Ordinance pursuant to certain criteria so that furniture sales could be a permitted use in the Office District. It is the opinion of the proponents that they could meet that criteria and there would therefore be restrictions on any subsequent commercial or retail use of the property other than the designated furniture sales use. This would protect the City in the sense of a re -use if furnitures sales were no longer a viable use of the property. Mr. Hoffman said that the advantages of the project would be the renovation of the building, additional landscaping to both buildings, reduction of the p.m. peak traffic by 27%, the elimination of three curb cuts on France Avenue, and the improved parking according to Zoning Ordinance requirements. He pointed out that a new factor has emerged, e.g. the widening of France Avenue, which will result in the loss of 15 parking spaces on the Collins site with potential residual damages for the use of that site. Mr. Hoffman asked the Council to seriously consider the proposal, even though the Planning Commission recommended denial. He said the proponents feel that they have provided a method to restrict the proposed retail use and that the proposal would create a less intense use of the site than now exists. Martha Gabbert, proponent, then explained the proposed plans for the building at 7100 France Avenue and also the improvements planned for the Collins building. The proposal is to improve the 7100 France Avenue building in a similar fashion as the Collins building for furniture sales use. The proposal would be an improvement to the neighborhood in terms of aesthetics and traffic and would help mitigate the damage to the Collins property created by the widening of France Avenue. She added that the proposal also includes a request to vacate Mavelle Avenue between France and Sandell Avenues. Ms. Gabbert then explained the proposed landscaping and lighting for the subject site, noting that a garden is planned along France Avenue. In addition to the upgrading of the exterior of the building, the interior would be opened up, brought up to code, sprinklered and handicapped facilities would be provided. Ms. Gabbert stated that at the March 21, 1988 Council Meeting they learned of the impact the widening of France Avenue will have on the 7100 France Avenue property. More importantly, they learned that the Collins property would lose 36% of its parking - a significant effect on the business as well as the value of the property. The negative impact of the County's project can be mitigated by the approval of the plan for the site. The proponents feel that the vacation of Mavelle Drive could be an improvement to the neighborhood both in terms of parking and traffic issues in addition to recovering the parking lost. The proposal would also result in traffic improvements by elimination of three curb cuts along France Avenue. The landscape separation on the south side of the subject site would divide the shared parking lot and would prevent motorists from using that as a shortcut. Ms. Gabbert said that their traffic engineers expect a reduction of 27% in trips generated by the re -use. In conclusion, Ms. Gabbert said that this proposal provides the City with a number of opportunities: 1) To greatly enhance the 7100 France Avenue property, 2) To reduce the p.m. peak traffic generated by the site and to affect a conflict reduction by the elimination of three curb cuts on France Avenue, and 3) By approval the City can mitigate the effects the widening of France would have on the Collins property. Speaking in objection to the proposal were: Carl Blomgren, 7000 Sandell Avenue; Angus Grant, 7000 Sandell Avenue; Jan Ebbert, owner of apartment house behind Collins; Lois Thornton, owner of Edina Business Service at 7100 France Avenue; Charles Sattler, 7101 Lynmar Lane; and Cornell Kissell, 7012 Lynmar Lane. Letters of objection were received from Kopple Hallock, 7101 Lynmar Lane and Alfred Cheese, 7101 Lynmar Lane. Member Kelly asked if in anticipation of the widening of France Avenue the City would propose to vacate Mavelle Drive. Engineer Hoffman said that the answer was no; however, because the proposal for 7100 France Avenue and the widening of France Avenue are co-occurring, he said that the project should be considered in the context of the overall activity surrounding the area. Member Richards said that he had a difficult time in looking at Collins Interiors and the service station and distinguishing those uses as different from what is proposed here. There is a buffer here that makes it a better use of the property with the orientation to the east and not to the west; that it is a compatible use with what is on the west side of France Avenue. Given the increased landscaping and parking proposed, and by trying to keep the traffic on France and West 70th Street rather than on the internal streets in area, he said he supported what is proposed for the site. Member Turner commented that there are many appealing benefits of the proposal, e.g. landscaping, improvements to the building and solution to the parking. She added that for her the land use question is the issue and that a rezoning would be inconsistent with the Comprehensive Plan policy for the Southeast Edina area. Alternatives suggested instead of rezoning would leave the City open to other proposals which could not be controlled. Member Turner stated that the basis behind the Comprehensive Plan policy about restricting and concentrating retail commercial use has to do with the concern about conflicting land use, traffic, and impacting high quality residential areas. In this case, the longer hours of retail use and increased truck traffic are all parts of what the City was trying to avoid in the Comprehensive Plan and, therefore, she would oppose the project. Member Smith commented that he looked at the proposed landscaping on France Avenue as moving what he perceived to be the entry into the neighborhood to the west where the parking is located. Also, because of the extended retail hours on Saturday and Sunday he did not see this as an improvement and could not support the project in the present form. He suggested that there may be some things that can be worked out to address the concerns expressed by the neighborhood and that there are enough issues that need to be resolved before he would be in favor of the proposal. Member Richards argued that the county is going to upgrade France Avenue and dramatically impact this area, that the additional trees will enhance the site, and that everything that is proposed will lessen the impact to the west. As to the concern about truck traffic, the intent of the proposed traffic circulation would require trucks to enter the site from France Avenue. He said that there is a chance now to find a solution to the impact of the France Avenue widening on the affected properties. Member Kelly commented that the project as proposed is an attractive use of the space, it reduces the number of curb cuts on France Avenue, it solves the parking problem at the Collins building site and as a combined project has real value. However, she said as she listened to the concerns of the neighborhood and the impact of a seven-day operation she was uncomfortable in amending the Comprehensive Plan for retail use and in rezoning to the Commercial District. She added that the Comprehensive Plan was designed for the protection of the neighborhood in the surrounding area. If the proponents can work with the neighbors and ensure the protection of their environment she said she would listen to that. Following further discussion, Member Kelly moved that the request for rezoning and Final Development Plan for expansion of 7100 France Avenue South be referred back to the Community Development and Planning Commission to allow time for the proponents to work on the proposal to address the issues raised by the neighborhood. Motion was seconded by Member Richards. Rollcall: Ayes: Kelly, Richards, Smith, Courtney Nays: Turner Motion carried. FINAL REZONING TO R-2 DOUBLE DWELLING UNIT DISTRICT AND FINAL PLAT APPROVED FOR SHADOW HILL (ROBERT HANSON). Planner Larsen recalled that the Council at its meeting of November 16, 1987 gave preliminary rezoning to R-2 Double Dwelling Unit District and preliminary plat approval for a development proposed by Landmark Home Corporation, generally located north of the Crosstown Highway and north and east of Vernon Court. Since then Landmark Home Corporation has dropped its purchase agreement and the property has reverted to its owner, Robert Hanson, who has decided to continue with the Landmark proposal. That proposal was for five double dwelling unit lots that range in size from 21,800 square feet to 26,100 square feet in size, average approximately 130 feet in width and range from 160 to 200 feet in lot depth. All of the proposed lots exceed Ordinance requirements as to lot width and lot area. Planner Larsen advised that the proposal is unchanged from preliminary approval except that the outlot proposed as parkland dedication along the northerly boundary of the property has been removed. He explained that payments for taxes and special assessments are delinquent on this property. Staff would recommend final rezoning and final plat approval subject to: 1) payment of a subdivision dedication fee based on a land value of $250,000, 2) evidence by the owner that he has regained title to the property, and 3) proof that payments for taxes and special assessments are made current before release of the plat. No comment or objection being heard, Member Richards moved final rezoning to R-2 Double Dwelling Unit District and final plat approval, subject to: 1) Payment of a subdivision dedication fee of $20,000.00, 2) Evidence by the owner that he has regained title to the property, and 3) Proof that payments for taxes and special assessments are made current, with Second Reading of the ordinance and adoption of the resolution as follows: ORDINANCE NO. 825-A21 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY REZONING PROPERTY TO R-2 DOUBLE DWELLING UNIT DISTRICT FROM PRD-2 PLANNED RESIDENCE DISTRICT (PRD-2) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Section 6 of Ordinance No. 825 of the City is amended by adding the following thereto: "The extent of the Double Dwelling Unit District (R-2) is enlarged by the addition of the following property: That part of the Northeast Quarter of the Northwest Quarter of Section 6, Township 116 North, Range 21 West of the 5th Principal Meridian, described as follows: Beginning at the Northwest corner of said Northeast Quarter of the Northwest Quarter; thence South along the West line of said Northeast Quarter of the Northwest Quarter a distance of 709.1 feet more or less to a point which is distant 814.5 feet North of the Southwest corner of said Northeast Quarter of the Northwest Quarter; thence Easterly on a deflection angle to the left of 87 degrees 40 minutes a distance of 676.3 feet; thence North parallel with the West line of said Northeast Quarter of the Northwest Quarter to the North line of said Northeast Quarter of the Northwest Quarter; thence West along said North line to the point of beginning, which lies Northeasterly of the Northerly line of County Road No. 62. The extent of the PRD-2 Planned Residence District is reduced by removing the property described above from the PRD-2 District." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. RESOLUTION APPROVING FINAL PLAT FOR SHADOW HILLS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "SHADOW HILLS", platted by Robert E. Hanson and Suzanne F. Hanson, husband and wife, and presented at the regular meeting of the City Council of April 18, 1988, be and is hereby granted final plat approval. Motion for final rezoning and final plat approval was seconded by Member Turner. Rollcall: Ayes: Richards, Smith, Turner, Courtney Nays: Kelly Ordinance and resolution adopted. HEDBERG FINAL ENVIRONMENT IMPACT STATEMENT APPROVED AS TO ADEQUACY: AGREEMENT WITH BLOOMINGTON AND SOUTH EDINA DEVELOPMENT CORPORATION APPROVED AND AUTHORIZED. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Larsen advised that the public hearing on the Final Environment Impact Statement (EIS) for the Hedberg property and the Adequacy Decision by the Council is the final step in the EIS process. Notices of the hearing were published in the Environmental Quality Board Monitor and in the Edina Sun -Current. He said that representatives of BRW, Inc. and the development team were present to respond to questions. Planner Larsen explained that the standards for a decision of adequacy are as follows. 1) The EIS analyzes all the issues raised in scoping for which information can be reasonably obtained. The depth of analysis should be sufficient to allow informed decisions on the governmental permits in questions, in particular about choices among alternatives and about mitigative measures. 2) The EIS provides responses to all substantive comments on the DRAFT EIS for issues raised in scoping. 3) The procedures prescribed by the rules have been followed. Staff would recommend a resolution by the Council finding the EIS to be adequate. Member Turner said that she had received several calls asking about the impact of the Hedberg project on the traffic using West 70th Street west of France Avenue. Peter Jarvis, BRW, responded that they tried to be consistent with the long standing City policy to discourage through traffic from using West 70th Street to approach the Hedberg property. Dick Wolsfeld, BRW, explained that the Draft EIS showed West 70th Street as having 2% of the total traffic from the development or approximately 600 trips per day. Member Kelly commented on the issue of additional police/fire service that will be needed for the development and, though it was mentioned briefly in the EIS, there should be more discussion on the need for additional public safety services, how it will be handled and who will pay for those services. Member Smith commented that the issue for recycling for the development also needs to be addressed. Peter Jarvis said that source separation for recycling needs to be taken into consideration in the building design for the development. Member Kelly concurred that the recycling issue must be resolved. No further comment being heard, Member Smith moved adoption of the following resolution: RESOLUTION WHEREAS, the City Council of Edina, Minnesota at its Regular Meeting of April 18, 1988 has reviewed the Final Environment Impact Statement (EIS) for the United Properties Hedberg Site Development Proposal; BE IT RESOLVED that the Council has determined the EIS to be adequate and hereby approves same. Motion for adoption of the resolution was seconded by Member Turner. In support of the Adequacy Decision, Member Turner commented that the proponents and the City have done an excellent job on the EIS. They have taken a positive approach particularly to the traffic area. The Final EIS addresses the transit questions, e.g. bus routes, transit way, TDM measures, TMO ordinance, various road improvements and the timing/implementation of those improvements. Because of the scope of the project and the fact that it essentially uses up the traffic capacity in the Southeast Edina area, Member Turner said it was important that the City proceed promptly with the traffic management ordinance, that we support the 1-494 Corridor Commission and in looking at travel demand management on a corridor -wide basis that we proceed with the next item on our agenda in terms of an agreement on trips. These steps will be in keeping with the spirit of the I-494 Corridor Traffic Study, this being the first major development to come forward. Rollcall: Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. Manager Rosland then directed the Council's attention to the proposed agreement with the City of Bloomington, the City of Edina and South Edina Development Corporation (the entity created by United Properties for the Hedberg Project) concerning the Hedberg Project. He advised that the proposed agreement tracts very closely the Homart settlement agreement, particularly as it relates to establishing a maximum trip limitation for a portion of the project. The proposed agreement is acceptable to the Hedberg Project developers. City of Bloomington staff have reviewed the agreement and have found it generally acceptable. The agreement will be considered by the Bloomington City Council at its April 25, 1988 meeting. Staff would recommend approval of the agreement. Member Turner moved adoption of the following resolution and that staff be authorized to continue to reaffirm all previous agreements with the parties affected: RESOLUTION APPROVING AGREEMENT WITH BLOOMINGTON EDINA AND SOUTH EDINA DEVELOPMENT CORPORATION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby approves the Agreement between the City of Bloomington, the City of Edina and South Edina Development Corporation regarding the Hedberg Project as presented; BE IT FURTHER RESOLVED that the Mayor and Manager are hereby authorized and directed to execute the agreement on behalf of the City. Motion for adoption of the resolution was seconded by Member Richards. Rollcall: Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. ORDINANCE NO. 102 (LIMITING TERMS ON BOARDS/COMMISSIONS) GRANTED FIRST READING. Manager Rosland advised that the draft ordinance limiting terms on boards and commissions has been modified to provide for a January 1, 1990 effective date. The proposed ordinance has been sent to all members of all boards and commissions and they were also informed that the ordinance amendment would be considered on April 18, 1988. Comments have been received from members of two boards. No public comment being heard, Member Turner moved First Reading of Ordinance No. 102 as follows: ORDINANCE NO. 102 AN ORDINANCE LIMITING TERMS OF SERVICE OF INDIVIDUALS APPOINTED BY THE CITY COUNCIL TO BOARD, COMMISSIONS OR COMMITTEES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Limitation on Tenure. No person shall be appointed or reappointed by the City Council to any board, commission, committee or any other advisory of legislative body if he or she has served on that board, commission or committee for a cumulative period of twelve or more years (whether or not consecutive). Sec. 2. Exceptions. Members of the City Council and employees of the City of Edina who by virtue of their employment with the City are appointed by the City Council to boards, commissions and committees shall be exempt from the provisions of this ordinance. Sec. 3. Valid Appointment. Any person who is appointed or reappointed in error or inadvertence in violation of this ordinance shall yet be deemed validly appointed and all action taken by such person in the position to which he or she is appointed shall be valid, but such person may be discharged and a new appointment or reappointment made at the pleasure of the Council. Sec. 4. This ordinance shall be in full force and effect on January 1, 1990. Motion for First Reading of the ordinance was seconded by Member Smith. Rollcall: Ayes: Kelly, Smith, Turner Nays: Richards, Courtney First Reading granted. CONCERN EXPRESSED CONCERNING INTERLACHEN BOULEVARD. Dr. Paul Carson, 6000 Pine Grove Road, expressed his concern regarding widening the section of Blake Road from Interlachen Boulevard to Vernon Avenue. He said this is one of the most picturesque roads in Edina and has always been a "country" road. He said that if you widen the road traffic will go faster, it will lose its aesthetics and as to safety for children there is enough room to make a pathway on the grass. He asked that the City get the people involved that live on Blake Road to get their opinions as to whether or not the road should be widened. Engineer Hoffman explained that the recent surveying work observed by Dr. Carson involved looking at the pond at Knoll and South Knoll Drives because of the flooding last summer. There are some residents at the south end of Blake Road who would like to see a walkway down to Bredesen Park and others at the north end who also wanted walkways. He said that walkways would be very difficult north of Pine Grove Road and that the survey crews were out collecting field data as to right of way, etc. The Engineering Department would then analyze the information to determine what, if anything, should be done in the South Knoll area and how it would be funded. *AWARD OF BID FOR PUMP AND WELL RENOVATION (DEEP WELL #10) CONTINUED TO 5/2/88. Motion was made by Member Smith and seconded by Member Kelly to continue the award of bid for pump and well renovation for deep well #10 to May 2, 1988. Motion carried on rollcall vote, five ayes. TRAFFIC SAFETY MINUTES OF APRIL 14, 1988 APPROVED. No discussion being heard, motion of Member Smith was seconded by Member Kelly to approve the following recommended action listed in Section A of the Traffic Safety Committee Minutes of April 14, 1988: 1) That a trial period of September/October 1988 be set aside for parking on the north side of West 50th Street east of Edina Court to Maple Road on Sundays only, from 10:00 A.M. to 12:30 P.M., but that no changes be made for additional parking on Edina Court,. 2) That double yellow lines be painted in the areas of the S-curves on Barrie Road and that "NO PARKING ANYTIME" signs be placed a length of 100' in the S-curve area, and to acknowledge Sections B and C of the Minutes. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. COUNCIL FOLLOW-UP SESSION WITH FACILITATOR DISCUSSED. Member Turner reported that she had discussed with Barbara Arney, facilitator for the Strategic Planning Retreat, the possibility of conducting a follow-up session with the Council Members. The fee would be $400/500 and Ms. Arney has indicated her availability on four different dates. The follow-up session was informally approved and the Council Members agreed to check their calendars and to make their preference known as to date prior to the next meeting when the date would be confirmed. MANAGER REPORT GIVEN ON BRAEMAR PARK FACILITIES. Manager Rosland presented a report on a study regarding proposed improvements to Braemar Park facilities summarized as follows. Golf Course - New Nine Hole Course at $900,000, New Building (Replace A -Frame) $150,000, Parking Lot (535 spaces) $175,000, Golf Car Shelter %50,000, New Golf Cars (20) $50,000, Clubhouse Energy Upgrade $25,000 for a total golf course expenditure of $1,450,000. The nine -hole course could be built in the southern part of Braemar Park to meet the ever-increasing demand for more golf. In addition, the recommendation is to construct a new building for the driving range and Executive Course, as well as upgrading the parking lot, buying additional golf cars and upgrading the roof to be more energy efficient on the old portion of the Clubhouse. Golf Dome - Purchase Dome $575,000. A very key part of this financial proposal is to purchase the Golf Dome as the cash flow will basically pickup the bond cost of Braemar Arena. Arena - Renovation of Pavilion $1,500,000. Improvements would include: 1) Upgrade of the Pavilion refrigeration system and rink floor, 2) Add four locker rooms and permanent seating, and 3) Construct a small center core building that would connect the two rinks for better traffic control and management. Manager Rosland explained that the recommendation is to sell $3,525,00 of bonds to do the projects. He reviewed the projected revenue and expense detail of the various Braemar Park facilities that indicated the projects are feasible. Figures used were actual 1987 and proposed build out. A major question which should also be discussed and answered is whether to bank depreciation. Depreciation of all Braemar facilities over a period of 30 years is included in the revenue and expense figures. He pointed out that the Golf Course can carry its own bonded indebtedness and operating expenses. The Arena, through this energy upgrade, could probably carry its operating expenses at a break-even point but probably cannot carry its bonds. However, the Golf Dome can carry a great deal of bonded indebtedness because its cash flow is strong. Manager Rosland said that the feasibility study prepared by Delano Erickson Architects of the Braemar Sports Complex also illustrated provision for a future gymnastics facility. It is felt if a gymnastics facility is constructed in the future that it would be self-sustaining. As to staffing, Manager Rosland said that it is anticipated we will use the arena staff to work the park outside of the golf road to maintain some flexibility through the park and to free up Park and Recreation crews to spend more time in other City parks. It is felt that by a combination of the staff a balance can be achieved between the golf course, golf dome and the arena for staffing and maintenance. In conclusion, Manager Rosland said that we have a problem in that action must be taken regarding the pavilion because the refrigeration system is totally non -operational. Action recommended would be: 1) Authorization that specifications be prepared and that bids be taken for the pavilion refrigeration system, and 2) Authorization that specifications be prepared and that bids be taken for the renovation of the pavilion building. Approximately six weeks will be required to prepare the specifications for the refrigeration system and during that time the proposal could be referred to the Park Board for their recommendation and it could then be debated by the Council. Manager Rosland said that the only money that would be at risk would be the engineer's fees for the specifications if the projects do not go forward. Member Smith commented that he would support the upgrading of the pavilion refrigeration system so that the pavilion will be operational again and then make decisions as to the other proposed projects. Member Richards commented that these are major issues and that we should first get the recommendation of the Park Board and input from the Hockey Association as to their participation. Ed Howat, representing the Edina Hockey Association, spoke in support of the pavilion project and said that the association stands ready to facilitate the project. He added that most of the objectives of the hockey program in Edina will not be achieved if ice surfaces are reduced to only one. Roger Harrold, member of the Golf Committee, commented that the demand for golf at Braemar is enormous and spoke in support of the proposed new nine hole course. Following discussion, it was informally agreed that an estimate of the engineer's fee for preparing specifications be obtained and brought back to the Council on May 2, 1988 and that the proposed Braemar Park facilities be referred to the Park Board, the Hockey Association and the Park and Recreation Task Force for their recommendation. *PETITIONS FOR PUBLIC IMPROVEMENTS REFERRED TO ENGINEERING DEPARTMENT FOR PROCESSING. Motion was made by Member Smith and seconded by Member Kelly to refer the following petitions for public improvements to the Engineering Department for processing: 1) Permanent Street with Curb and Gutter - Indian Hills West Addition, 2) Sidewalk - W. 66th Street, west of Highway 100, 3) Sidewalk - W. 70th Street from West Shore Drive to Highway 100, 4) Divert Storm Sewer Runoff - Residents of Philbrook Lane and Woodcrest Drive. Motion carried on rollcall vote, five ayes. CITY POLICY REGARDING RESTORATION OF STREETS AFTER UTILITIES INSTALLATION QUESTIONED. Member Smith asked what the City policy is with regard to restoration of street after utilities are installed. Engineer Hoffman responded that the City requires that utility companies restore the street flush with the surrounding surface when the project is finished. PUBLIC HEARING CONDUCTED ON BOND REFUNDING. Pursuant to due notice given, a public hearing was conducted on a proposed issuance by the City of Edina, Minnesota, of General Obligation Tax Increment Bonds, Series 1985. Manager Rosland explained that the proposal is that the City issue its general obligation tax increment refunding bonds (the Refunding Bonds), in order to refund in advance of their maturity all or a portion of the City's General Obligation Tax Increment Bonds, Series 1985, dated September 1, 1985, in the aggregate principal amount of $12,000,000 (the Series 1985 Bonds). The maximum aggregate principal amount of the Refunding Bonds is $13,200,000. The Series 1985 Bonds were used to finance a portion of the HRA's costs relating to the Edinborough project. The Bonds mature from 1989 through 2006 and bear interest at rates ranging from 6.5% for Bonds maturing in 1989 to 9.0% for Bonds maturing in 2006. The net interest rate on the Bonds is approximately 8.9%. The Bonds maturing in 1997 and thereafter ($9,700,000 of the principal amount) are callable for redemption at the option of the City on January 1, 1996. Manager Rosland explained that with lower interest rates, the City could issue a series of advance refunding bonds to refund all or a portion of the Bonds and thereby realize substantial debt service savings. The debt service savings could be used to finance other projects in the Southeast Edina Redevelopment Area or would result in the termination of the Southeast Edina Tax Increment District earlier than would otherwise be the case. No public comment was heard and none had been received prior hereto. Manager Rosland stated that following the public hearing and in accordance with prior direction by the Council the refunding bonds would not be sold unless there would be a debt service savings of at least $400,000. In response to questions raised by the Council, Attorney Erickson explained that the public hearing is the step necessary for the Council to make a decision on selling refunding bonds at some future date. The purpose of the public hearing is to receive public comment and that no action is required of the Council at this time. *CLAIMS PAID. Notion was made by Member Smith and seconded by Member Kelly to approve payment of the following claims as per pre -list dated April 4, 1988: General Fund $135,165.02, Art Center $4,436.88, Capital Fund $3,462.38, Swimming Pool Fund $478.45, Golf Course Fund $16,657.69, Recreation Center Fund $5,394.66, Gun Range Fund $5,394.66, Gun Range Fund $42.32, Edinborough Park $10,437.41, Utility Fund $14,148.68, Liquor Dispensary Fund $69,893.91, Construction Fund $40,195.73, Total $300,313.13; and for confirmation of payment of claims dated 3/31/88: General Fund $131,383.72, Golf Course Fund $1,124.22, Recreation Center Fund $2,221.31, Liquor Dispensary Fund $246,617.38, Total $381,346.63. Motion carried by rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Courtney declared the meeting adjourned at 12:30 p.m. City Clerk REPORT/RECOMMENDATION To: Ken Rosland, City Manage & City Council Members From: Bob Kojetin, Director Park and Recreation Date: April 29, 1988 Subject: Proposed Tree Trimming Agenda Item # Imo. Consent Information Only Mgr . Recommends Action X X X 1 A. To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Approval of tree trimming assessment improvement project for the Southwest quadrant of Edina. An area bounded by County Rd. 18 on the West, Highway 100 on the East, Highway 62 on the North and the Southern City Boundary Line on the South. Info/Background: In 1984 the City of Edina started a divided the City into four trimming trimmed every year. since then. The final area for this program. (See attachments) tree trimming program which areas. One area has been Southwest quadrant is the CITY OF EDINA 4801 WEST 50TH STREET, EDINA, MINNESO T A 55424 612-927-8861 April, 1988 - Dear Resident: In 1984 the City of Edina started a tree trimming program which divided the City into four trimming areas. One area has been trimmed every year since. The southwest quadrant is the final area for this program. According to a tree inventory conducted in 1983, there are 1,663 trees on the boulevard in this area; 265 are Oaks, 188 are Elms and 1,210 are a mix of species. On Monday, May 2, 1988, the Edina City Council will conduct a public hearing to determine the necessity of a tree trimming project for the southwest quadrant of Edina. This hearing will be held at 7:00 p.m. at the Edina City Hall, 4801 West 50th Street under Minnesota Statues, Chapter 59, 1983 Session Law. If the project is approved, it is expected that the project would start in September, 1988 and be completed by April 1989. The cost of the trimming would be assessed against property taxes. This would be levied late in 1989 and would be due, payable in full, in 1990. The cost per tree will be determined by the diameter of the tree trunk measured 4 1/2 feet up from the ground, then multiplied by cost per inch. (The estimated cost per tree is between $45 and $60. The exact cost will be determined after project approval by the council). The area proposed to be trimmed includes: An area bounded by County Rd. 18 on the West, Highway 100 on the East, Highway 62 on the North and the Southern City Boundary Line on the South. The City tree inventory indicates that you have one or more boulevard trees which would be trimmed in this project area. If you have had the trees trimmed within the past 12 months by a private contractor please notify the Forestry Department, 927-8861, ext. 233 prior to the hearing date to have it removed from the trimming list. Please forward any comments or suggestions to the Park and Recreation Department or City Council in care of City Hall, 4801 West 50th Street, Edina, MN 55424, prior to the hearing or be present at the hearing. Very tru y yours,/ Bob Koj e#`iln, Director Edina Park and Recreation Department BK/ss A. = Already T. = Trim R. = Remove 1988 Residence Concerned about Tree Trimming Project No. ADDRESS CONCERN CONCLUSION 6812 Antrim Tree Removed Tree has been removed 7005 Antrim A.T. Needs trimming, remains on list 6716 Arrowhead Pass A.T. Needs trimming, remains on list 6213 Balder Ln. Pine Don't trim 6600 Blackfoot Pass A.T. Needs trimming, remains on list 6214 Braeburn Cr. A.T. Don't trim 5512 Brook Dr. A.T. A.T.(Already Trimmed) 5804 Brook Dr. Evergreens Needs trimming, remains on list 6804 Brook Dr. A.T. Needs trimming, remains on list 6808 Brook Dr. 10 Spruce Needs trimming, remains on list 7401 Bush Lake Rd. A.T. Don't trim 6017 Chapel Dr. No Trees No Trees 6016 Chapel Dr. A.T. A.T.(Already Trimmed) 6020 Chapel Dr. Check No Trees 6508 Cherokee Tr. A.T. Needs trimming, remains on list 6524 Cherokee Tr. Check Don't trim 6708 Cheyenne Tr. A.T. Needs trimming, remains on list 6709 Cheyenne Tr. Doesn't Need T. Don't trim 7322 Claredon A.T. Don't trim 5828 Creek Valley A.T. Needs trimming, remains on list 5800 Creek Valley Rd. Check A.T.(Already Trimmed) 5857 Creek Valley Rd. not blvd. Don't trim 6217 Creek Valley Rd. not blvd. Private Property 6229 Creek Valley Rd. doesn't need T. Needs trimming, remains on list 5404 Creek View Ln. small tree Don't trim 6600 Dakota Trail doesn't want T. Needs trimming, remains on list 6604 Dakota Trail 5 trees, check Needs trimming, remains on list 5736 Dewey Hill Rd. neighbors cedar No Trees 5620 Doran Dr. A.T. A.T.(Already Trimmed) 6005 Dublin tree removed Tree removed 7208 Fleetwood Not a blvd. tree Needs trimming, remains on list 7221 Fleetwood Dr. A.T. Don't trim 6717 Galaway Dr. Spruce A.T. A.T.(Already Trimmed) 6601 Galway Dr A.T. A.T.(Already Trimmed) 6805 Galway Dr. spruce will be R. Don't trim 7701 Glasgow DR. Don't trim Needs trimming, remains on list 7117 Gleason A.T. Needs trimming, remains on list 5600 Hillside Ct A.T. Tree has been removed 6337 Holborn A.T. A.T.(Already Trimmed) 6405 Indian Hills A.T. A.T.(Already Trimmed) 6412 Indian Hills A.T. A.T.(Already Trimmed) 6616 Indian Hills Cr. check Needs trimming, remains on list 6620 Indian Hills Rd. A.T. Needs trimming, remains on list 6801 Indian Hills Rd. Doesn't want T. Needs trimming, remains on list 6621 Iroquois A.T. Needs trimming, remains on list 6608 Iroquois Tr. A.T. A.T.(Already Trimmed) 6621 Iroquois Tr. A.T. Needs trimming, remains on list 6336 Josephine Ave. Hackberry A.T. Needs trimming, remains on list 6508 Josephine Ave. A.T. Needs trimming, remains on list 5704 Kemrich A.T. A.T.(Already Trimmed) 1988 Residence Concerned about Tree Trimming Project 5721 Kemrich Dr. 5812 Lee Valley Rd. 6300 Lochmoor Dr. 5700 Long Brake Tr. 5801 Longbrake Tr. 5809 Longbrake Tr. 7020 Mark Terr Dr. 6909 Mark Terrace 5512 McGuire Rd. 6304 Mildred 6336 Mildred Ave. 6616 Mohawk 6600 Naomi Dr. 6620 Naomi Dr. 6601 Nordic 6405 Nordic Dr. 6505 Nordic Dr. 6513 Nordic Dr. 6905 Paiute Dr. 6916 Paiute Dr. 6921 Paiute Dr. 6517 Ridgeview Cr. 6405 Ridgeview DR. 6525 Ridgeview Dr. 6517 Scandia 6501 Scandia Rd. 6616 Scandia Rd. 7216 Schey 7125 Schey (Greers) 6125 Scotia Dr. 7412 Shannon Cr. 7100 Shannon Dr. 7101 Shannon Dr. 7113 Shannon Dr. 7400 Shannon Dr. 7405 Shannon Dr. 7423 Shannon Dr. 7309 Shannon Dr. 6505 Shawnee Cr. 6500 Shawnee Cr. 6909 St. Patrick Ln. 6813 St. Patricks Ln. 6821 St. Patricks Ln. 6701 Sue Trail 5712 Susan 5120 Tifton Dr. 5132 Tifton Dr. 6400 Timber Ridge 6541 Tingdale 7022 Tupa Circle 7015 Tupa Dr. A.T. 7017 Valley View Rd. belongs to 7011 A.T. A.T. A.T. A.T. A.T. A.T. A.T. don't need T. A.T. A.T. A.T. check A.T. A.T. Will trim Spruce Doesn't Need T. A.T. A.T. A.T. check A.T. Don't trim Spruce A.T. A.T. Maple A.T. Trees Removed A.T. Spruce A.T. wants Oak R.,not T. A.T. A.T. A.T. A.T. A.T. Young Trees, Don't T. A.T. A.T. A.T. A.T. A.T. A.T. A.T. ? do they need T. A.T. A.T. A.T. ? A.T. No Trees A.T.(Already Trimmed) Needs trimming, remains on list Don't trim Don't trim Don't trim A.T.(Already Trimmed) Needs trimming, remains on list Needs trimming, remains on list Needs trimming, remains on list Needs trimming, remains on list Needs trimming, remains on list Needs trimming, remains on list Needs trimming, remains on list Don't trim Don't Needs Needs Don't Needs Needs Don't trim trimming, trimming, trim trimming, trimming, trim remains on list remains on list remains on list remains on list Don't trim Don't trim A.T.(Already Trimmed) A.T.(Already Trimmed) Tree removed Don't trim Don't trim Needs trimming, remains on list A.T.(Already Trimmed) A.T.(Already Trimmed) Needs trimming, remains on list A.T.(Already Trimmed) Needs trimming, remains on list Don't trim Needs trimming, remains on list Needs trimming, remains on list Needs trimming, remains on list Needs trimming, remains on list A.T.(Already Trimmed) remains on list remains on list Needs Needs Don't Don't Don't Don't Don't Needs Needs remains on list remains on list A.T.(Already Trimmed) Tree has been removed trimming, trimming, trim trim trim trim trim trimming, trimming, 1988 Residence Concerned about Tree Trimming Project 5101 W. 66th St. Don't trim/B.K. Needs trimming, remains on list 5808 W. 68th St. A.T. A.T.(Already Trimmed) 5432 W. 70th St. Check Needs trimming, remains on list 6728 W. Trail A.T. Don't trim 5335 W.64th St. A.T. A.T.(Already Trimmed) 6544 Warren Ave. Oaks A.T.,Poplar Needs TNeeds trimming, remains on list 6605 Warren Ave. A.T. A.T.(Already Trimmed) 5617 West 68th St. ? NSP T. Needs trimming, remains on list 6332 Wilryan A.T. Needs trimming, remains on list 6413 Wilryan A.T. Needs trimming, remains on list 6524 Wilryan A.T. Needs trimming, remains on list 6544 Wilryan A.T. Needs trimming, remains on list 6325 Wilryan Ave. Tree removed Tree removed 6432 Wilryan Ave. Tree Removed Tree removed 6509 Nordic Dr. Willow A.T. 7427 Shannon Dr. Will trim 6616 Iroquois Tr. A.T. CITY OF EDINA 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 April 28, 1988 Dear Resident: After checking your concern on the tree trimming program, our Forester, Andy Anderson, has determined that trimming is necessary for your boulevard trees. The reason for trimming is due to one or more of the following reasons: to elevate the tree limbs and make the roadway clear for street maintenance equipment, emergency vehicles, school bus travel or to clear a path for pedestrians, or to remove dead limbs to reduce the probability of disease and damage due to storms. If you have further questions you may contact Andy Anderson, 927-8861, ext. 233 or attend the hearing on Monday, May 2, 1988 at 7:00 p.m. in the Edina Council Chambers. Sincerely, Bob Kojein, Director Edina Park and Recreation Department BK/ss REPORT/RECOMMENDATION To: From: Date: Kenneth Rosland Craig Larsen S-88-1 Interlachen Bluff Subject: May 2, 1988 Recommendation: M Agenda Item # IV. A. Consent Information Only gr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Final Plat approval with subdivision dedication based on a value of $720,000, ,plus a cash contribution of $15,000 for a lift station repair sinking fund. Info/Background: You will recall that the preliminary plat was approved with a gravity sanitary sewer system going from the south end of the property westerly to a trunk line near Mirror Lakes Drive. The proponent is suggesting, as a alternative to the gravity line, a lift station to direct the flow northerly to Interlachen Blvd. This method avoids disturbing Park lands to install the gravity line. The developer has offered a cash contribution to create a sinking fund to cover the increased cost of maintaining the lift station. The Engineering Department has reviewed this proposal and feels a contribution of $15,000 would adequately cover our costs. All other conditions imposed at the time of Preliminary Plat approval have been satisfied. SUBDIVISION DEDICATION REPORT TO: Planning Commission Park Board Environmental Quality Commission FROM: Planning Department SUBDIVISION NAME: Subdivision No. 5— SS 1 r.1-1-dar teac,k et3 i3c Liti7c LAND SIZE: CJ N e(k) (04-5 (By: LAND VALUE: Date: 7�� ). The developer of this subdivision has been required to 1ID A. D B. Q C. grant an easement over part of the land dedicate % of the land donate $ as a fee in lieu of land As a result of applying the following policy: A. Land Required (no density or intensity may be used for the first 5% of land dedicated) fl 1. If property is adjacent to an existing park and the addition beneficially expands the park. Ej 2. If property is 6 acras or will be combined with future dedications so that the end result will be a minimum of a 6 acre park. If property abuts a natural lake, pond, or stream. 04. If property is necessary for storm water holding or will be dredged or otherwise improved for storm water holding areas or ponds. Q 5. If the property is a place of significant natural, scenic or his- toric value. D 6. B. Cash Required In all other instances than above. D 2. INTERLACHEN BLUFF / /N r�-! -r1��i 1C'- %v N 1.,v c.t L!i 0 0\ /80. 6/ 1? / IAVI EA sT HIV/ /Nit INTER LAGNEN /69.76 j -81 • 131 / ° of .0I ° 0 �DI `o cq O . ) cc',' 1 °N IN is . SO.Op BouLEVARD ---/79.70 --- 1 E"A ST ° I `N ca , Ma IN° 9 11 44 1 a /87. 95 I < I —.Q L-- — 73 az EAST 61 .1 � et,,,,/6 `c 0 1`—EAST • N Q` NI O vo � � •o oP I� ° �o �/ Q \ i46 1 (J '`1 d L — //7_96 — Y / icr-S\ .7g9?48'06 s\ \� /:�. 04 .ST °� a58^2i 2� IA��---- --I rs' �a ° �yyg°kc- �As7- `-1 it' i 1 -5\ /o /O i - 4 / . : \ %i � 1 I� \ / m \ nl Z \ N \ 1 j O 4/NACU ANC) \•I 1 \ I UT/L/Ty EASEMENT I Zo3. Z4_� �207.49 _ — J - 90.00 - 90.00-- --- 4/0.74 --- N 89' 49'// "E NI MI 0 N L/L. L . . ri r•_ 1/NAGE AND Lrr/L1'-y EASEMENTS funds and/or Municipal State Aid Funds; cost of which for Improvement No. 3 and No. 4 Above shall be paid from Municipal State Aid Funds. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall: Ayes: Kelly, Richards, Turner, Courtney Resolution adopted. PRELIMINARY PLAT APPROVED CONDITIONALLY FOR INTERLACHEN BLUFF (ANDRON, INC.). Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Craig Larsen presented the request for preliminary plat approval for Interlachen Bluff generally located south of Interlachen Boulevard and east of Interlachen Circle. The subject property consists of two, large unplatted lots developed until recently with two single family homes, one of which has been removed. The total area of the property is 5.37 acres. The preliminary plat proposes 11 single family lots. Ten of the new lots would front on the proposed cul de sac, Lot 1 in the northwesterly corner would access directly to Interlachen Boulevard. He advised that the lots range in size from 16,100 square feet to 21,750 square feet in area, with an average lot size of 17,875 square feet. Lot widths range from 100 to 128 feet with an average width of 108 feet. All of the lots exceed Zoning Ordinance requirements for single family lots. Planner Larsen said that immediately west is Victorsen's East Mirror Lake plat. The typical lot in the plat is about 90 feet wide and contains roughly 11,000 square feet. East of the subject property is the Skyline Addition. Lots in this plat vary widely in size and shape, but a typical average lot width seems to be about 120 feet. Nearby lots fronting directly on Interlachen Boulevard are 95 or 100 feet in width. Highlands Park is immediately south of the subject property. The southerly portions of the site are significantly lower than Interlachen Boulevard. In order to achieve an acceptable street grade there is a need for extensive cut and fill work as indicated on the grading plan. The resulting proposed street grade is approximately 7%. This grade is acceptable according to City standards and is similar to the grade of Interlachen Circle. Lot 11 of the proposed subdivision is currently a low area which collects storm water. The proposed development will force redirection of this water. This would be accomplished by closing the two existing drains from Interlachen Boulevard and re -directing water down the new cul de sac. Other storm water which now drains into this depression would be collected by a new catch basin near the southeast corner of Lot 11. All storm water run-off from the development would drain to the easterly portion of Highlands Park and would not affect the level of Highlands Lake. Sanitary sewer would run westerly from the most southerly point of the property to a trunk sewer line in Highlands Park near Mirror Lakes Drive. The line would run between the lake and the rear property lines of the homes on Interlachen Circle. This relatively long gravity run would eliminate the need for a lift station which would be necessary if the sanitary sewer were to connect to Interlachen Boulevard. Planner Larsen pointed out that development along Interlachen Boulevard, both north and south, can be characterized as a series of individual neighborhoods with widely varying characteristics. Typically the developments are not connected to one another making comparisons between neighborhoods difficult and not particularly valid. The proposed subdivision will create another new separate neighborhood. In staff's opinion, this new subdivision will not adversely impact the character and symmetry of other nearby neighborhoods. Lots in the proposed subdivision are substantially larger than Zoning Ordinance minimum requirements and will provide for the development of large homes in conformance with setback and lot coverage restrictions. As proposed, the street will have an acceptable grade and will provide landing areas at the cul de sac and at the intersection with Interlachen Boulevard. The proposed sanitary sewer line avoids a lift station thus eliminating a future maintenance problem for the City. City staff and staff of Nine Mile Creek Watershed District will further study the grading and storm water drainage plans between preliminary and final plat approval. Staff would recommend preliminary plat approval conditioned on: 1) developer's agreement, 2) subdivision dedication, and 3) Nine Mile Creek Watershed District grading permit. The proposal was heard by the Community Development and Planning Commission at its meeting of March 2, 1988 and recommended approval, subject to staff conditions. Engineer Hoffman explained the sanitary sewer issue for the proposed plat. He stated that occasionally a plat is proposed where the connection to a gravity sanitary sewer line is not very close. Staff does not recommend a sanitary sewer lift station if it can be avoided because of the cost of power and staff time involved in the daily checking of the station. He explained that in this particular plat the station would be in the low end and there would not be much grade differential between the station and the immediate homes. If the lift station went out during a storm basement flooding would become an issue. Staff looked at all the possibilities and found a way to connect to a gravity sanitary sewer line thereby eliminating the need for a lift station and eventual replacement costs. In staff's opinion, liability for the City for a station failure would be greater than the initial construction problems. Engineer Hoffman presented a graphic of the proposed sanitary sewer line and explained that construction would take about one week to lay the pipe. The other issue is the ridge line that lies between the proposed development and Highlands Lake. The sanitary sewer line will be constructed around the ridge to preserve the trees on the ridge and to minimize the visual effect of the sanitary sewer construction. Member Turner asked about the impact of storm water drainage on Highlands Park and the lake in terms of the water table and the athletic fields. Engineer Hoffman confirmed that the storm water run-off from the development will be discharged into the low land on the easterly portion of the park which is separated from the rest of the park by the ridge. It will not affect the lake level or the other portions of the park. He explained that the pond elevation is three feet lower than the elevation of the lake. He said they also surveyed the homes on the south end of Highlands Park on Croyden Lane as to basement and tennis court elevations to compare against the new storm water that would drain from the proposed development. This will also be reviewed by the Nine Mile Creek Watershed engineers as part of their review of the storm water plan. Member Kelly said she was concerned that the sanitary sewer line would have a visual impact because of tree removal, that the additional homes would impact the sanitary sewer and storm sewer systems, that traffic from the development would add to the traffic problem on Interlachen Boulevard and that the character of the neighborhood would be changed because of the density. She added that she could not support the project at the density of 11 home sites. Speaking in objection to the proposed development were: Jim Kaufenberg, 5603 Interlachen Circle, Tom Wesely, 5633 Interlachen Circle, John Gould, 5600 Interlachen Circle, Hillard Mandell, 5613 Interlachen Circle, Gary Brunkow, 5101 Skyline Drive, Brian Erickson 5621 Interlachen Circle, Egons Podnieks, 5625 Interlachen Circle, Terry Anderson, 5601 Interlachen Circle, Bob Guberud, 5617 Interlachen Circle, Patrick Bradley, 5513 Interlachen Boulevard, and Dick Myers, 5520 Interlachen Boulevard. Concerns voiced included environment impact, density, proposed location of gravity sanitary sewer line, water table of Highlands Lake, impact of storm water ponding on parkland, traffic impact for Interlachen Boulevard, damage to and/or removal of existing trees, capacity of holding pond for storm water, and the changing character of neighborhood. Dick St. Amant, 5608 Interlachen Boulevard, asked if there would be any change to the existing elevation of Interlachen Boulevard. Dick Andron, Andron, Inc., argued in support of his proposed development. He said that the concerns expressed have also been his concerns in planning the development of the property. In the design of the subdivision they looked carefully at lot size and storm water drainage. Because the request is for preliminary plat approval, specific designs regarding storm water have not been completed but he assured that storm water would not drain into the Interlachen Circle or Skyline Drive areas. As to lot size, Mr. Andron said they are trying to develop a project that is in character with existing neighborhoods and topography and that it was very much their interest to preserve the natural beauty and integrity of the site. The proposed lots are considerably larger than those on Interlachen Circle. The buffer woods on all perimeters will be preserved; there are protective covenants on the property for the owners to get permission to cut down a tree that happens to fall within the building footprint and to replace that tree with a specific size. He said it was their concern to preserve the beauty and character that is already there; their approach was to design a project that would be comfortable with the adjacent homes and that would fit on the sites with adequate setbacks. As to the sanitary sewer system, Mr. Andron said it would to the developer's interest and also that of the new owners that the property be re -landscaped. A lift station would be more expedient from a developer's point of view, but staff has given good reasons why over the long run a gravity system is superior. The approach is to route the sanitary sewer around the stands of mature trees. Member Kelly reiterated her concern about density, the traffic impact for Interlachen Boulevard and impact on existing adjacent neighborhoods. No further comments being heard, Member Turner moved preliminary plat approval subject to: 1) developer's agreement, 2) subdivision dedication, 3) Nine Mile Creek Watershed District Grading Permit, and 4) City approval of on -site storm water storage and off -site storm water drainage. Member Turner commented that in looking at the lot sizes and layout the proposal is consistent with the neighborhood_in general on the south side of Interlachen Boulevard; that as to storm water drainage she would consider carefully comments from the Nine Mile Creek Watershed District following their review of the proposed development. Motion was seconded by Mayor Courtney. Member Richards commented that there were three main issues raised: 1) traffic impact, 2) capacity of holding pond, and 3) density. Member Richards offered an amendment to the motion to grant concept approval for an eight lot plat. The motion for amendment was seconded by Member Kelly. Rollcall: Ayes: Kelly, Richards, Courtney Nays: Turner Motion on the Vote was called Rollcall: Ayes: Kelly, Nays: Turner Motion as amended carried. amendment carried. on the main motion as amended. Richards, Courtney CONDITIONAL USE PERMIT FOR BUILDING EXPANSION APPROVED FOR CALVIN CHRISTIAN SCHOOL. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Craig Larsen advised that Calvin Christian School is located immediately east of the First Christian Reformed Church at Grimes and Inglewood Avenue. The property is bordered on three sides by park/open space. To the west RESOLUTION APPROVING FINAL PLAT FOR INTERLACHEN BLUFF BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "INTERLACHEN BLUFF", platted by Andron, Inc., a Minnesota corporation, and Shelard National Bank, a national banking association, and presented at the regular meeting of the City Council of May 2, 1988 be and is hereby granted final plat approval. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution is a true and correct copy of the Resolution duly adopted by the Edina City Council at its Regular Meeting of May 2, 1988 and as recorded in the Minutes of said Regular Meeting. City Clerk REPORT/RECOMMENDATION To: Ken Rosland, City Manager From: Janet Chandler, Recycling Coordinator Date: May 2, 1988 Subject: Ordinance amendments to facilitate a compost program. Recommendation: Agenda Item # V.A 3 & 4 Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Staff recommends first reading of the attached ordinance amendments. Info/Background: 1. At the March 17 Council Meeting, Edina garbage haulers testified that: a. In general, they are willing to implement separate yard waste pickup. b. Two of the haulers'had compost programs in 1987. c. Curbside placement of compost would make the job much more efficient. 2. The Minnesota Legislature has just passed an amendment to the Waste Management Act which states that effective January 1, 1990, yard waste may not be disposed of in mixed municipal solid waste, in a,disposal facility or in a resource recovery facility except for the purpose of composting or co -composting. 3. The 1987 Morningside compost program was very successful, participation was high with many positive comments from residents. Similar results have been reported by our neighboring cities which have instituted compost programs. 4. Public reaction to the newspaper report of the March 17th Council Meeting was positive. (Three phone calls) 5. Regarding the compostable bag --Hennepin County has no plans to make them available this year due to the problems of storage, distribution and cost of the bags. Consumers and haulers generally liked the bags. Most cities do not wish to take on distribution of bags on an ongoing basis. The best hope is that they may become available in stores at a reasonable cost. 6. Hennepin County has stated its intention to continue development of compost sites. 7. Edina needs a compost program in order to meet our recycling goals. EDINA ORDINANCE NO. 1301 A - 3 AN ORDINANCE AMENDING ORDINANCE NO. 1301 TO REQUIRE GARBAGE HAULERS TO COLLECT YARD WASTE FOR COMPOSTING THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Ordinance No. 1301 is amended by adding a new Section 15 as follows: "Sec. 15. Collection of Compostable Materials. Haulers shall collect and segregate, from other garbage and refuse, all grass clippings and leaves which have been separated from other garbage and refuse and placed, in bags designed for such purpose by residential customers, for pick-up. Haulers shall report to the City Sanitarian the amount, by weight, of such leaves and grass clippings delivered to compost disposal sites approved by Hennepin County for the four -month periods ending April 30, August 31 and December 31. Such reports shall be submitted within fifteen (15) days following the end of each four month period." Sec. 2. Section 15 and Section 16 of Ordinance No. 1301 are hereby renumbered Section 16 and Section 17 respectively. Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. EDINA ORDINANCE NO. 711 A - 5 AN ORDINANCE MENDING ORDINANCE NO. 711 TO PERMIT THE PLACEMENT OF GRASS CLIPPINGS AND LEAVES ON THE CURB ADJOINING RESIDENTIAL PROPERTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sec. 3 of Ordinance No. 711 is hereby amended to read as follows: "Section 3. Refuse to be kept in containers. All refuse on any premise shall be stored in the containers required by Section 2 hereof, except as the same may be consumed or disposed of on such premises as permitted by said section and except as provided in Sec. 4 hereof." Section 2. Sec. 4 of Ordinance No. 711 is hereby amended by inserting "(a)" immediately after the heading of Sec. 4, and by adding a new paragraph "(b)" to Sec. 4 as follows: "(b)" Grass clippings and leaves may be placed next to the street or curb adjoining residential properties for pick-up provided that such grass clippings and leaves so placed shall be: i) stored within a bag designed for such a purpose and ii) placed at the curb no more than twelve (12) hours prior to the scheduled pick-up." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. ,v ce uses any ueae_a_ _una p.:pcse. r,aste :es_c.:e energy and resource recovery facilities at which sclid waste is processed for the purpose of extracting, reducing, converting to 4 energy, or otherwise separating and preparing solid waste for 5 reuse shall be exempt from one—half the amount of the fee 6 imposed by a city or town under this section if there is at 7 least an 85 percent volume reduction in the solid waste 8 processed. Before any fee is reduced, the verification 9 procedures of section 473.843, subdivision 1, paragraph (c), 10 must be followed and submitted to the appropriate city or town. 11 Sec. 2i). (115A.936] (LAND DISPOSAL OF YARD WASTE.] 12 (a) Except as authorized by the acencv, in the metropolitan 13 area after January 1, 1990, and outside the metropolitan area 14 after January 1, 1992, a person may not dispose of yard waste: 15 (1) in mixed municipal solid waste; 16 (2) in a disposal facility; or 17 (3) in a resource recovery facility except for the purposes -18 of composting or co —composting. 19 (b) Yard waste subject to this subdivision is carden 20 wastes, leaves, lawn cuttincs, weeds, and crunincs. 21 Sec. 22. [115A.98] [WASTE DISPOSAL FEE REGULATION.] 22 Subdivision 1. [FEE REGULATION.] The lecislature finds 23 that the limited number of solid waste disposal fac;1;';ms in 24 the metropolitan area has created a condition that could allow 25 operators to charce unjust and unreasonable rates. The 26 lecislature finds that until sufficient alternatives to landf411 27 disposal become available, the disposal of solid waste _s 28 necessary for the health and ceneral welfare of the citizens of 29 this state. Therefore, to ensure just and reasonable fees for 30 the disposal cf solid waste, ash, and construction debris the 31 metrcp^.__ _a.. area a::,. _ : eason.:b_e :ate : et..: n to ownmr= a.._ 32 coeratcrs of disposal fac;1 ` =s he acn_ev_nc env_ronmenta1 33 recu_:ements and other community standards at the fac;1;~ es, 34 disposal fee structures of disposal facilities that accept solid 35 waste, ash, or construction debris will be publicly :eculatec. 36 Subd. 2. (DISPOSAL FEE DISCLOSURE.] By July 1 of each 15 REPORT/RECOMMENDATION To: Edina City Council From: Craig G. Swanson Chief of Police Date: April 28, 1988 Subject: Open House Party Ordinance Agenda Item # _V_A.1 Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: The Police Department evaluation of the attached ordinance is supportive of the intent to discourage open house parties where chemicals are used illegally. However, given the experience of the Department, the elements for enforcement may be present in only a small percentage of this type of party. Specifically, the ordinance can only be enforced if an adult having control of the residence or premises is present. Most open house parties of this type occur when parents or adults pare absent. The ordinance could be changed to include "juveniles or Info/Background: adults" and it would have greater applicability. Atch. 1 is the draft ordinance adopted from Michigan which was circulated and discussed in the community. Atch. 2 is the proposed ordinance which is substantively the same with wording changes consistent with clearer meaning and greater definition. DRAFT Attachment ##1 ORDINANCE NO. XXXXX AN ORDINANCE REGULATING THE USE OF ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES AT OPEN HOUSE PARTIES; PROVIDING DEFINITIONS; AND PRESCRIBING A PENALTY. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. (a) "Adult" means any person eighteen (18) years of age or older. (b) "Alcoholic Beverage" means any beverage containing more than one-half of 1% of alcohol by weight. (c) "Minor" means a person not legally permitted by. reason of age to possess alcoholic beverages pursuant to Edina City Ordinances and Minnesota State Statutes. (d) "Residence" means a home, apartment, condominium, premises, or other dwelling unit or meeting room or hall whether occupied on a temporary basis or permanent basis whether occupied as a dwelling or for a social function, owned, rented, leased or under the control of any person or persons including the curtilage of such dwelling unit. (e) "Open House Party" means a social gathering of persons at a residence, other than the owner or those with rights of possession or their immediate family members. (f) "Controlled Substance" means any drug, agent or substances so de- fined by Minnesota State Statutes. (g) "Control" means any form of regulations or dominion including a possessory right. Sec. 2. Acts Prohibited. No adult having control of any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic beverage or controlled substance is possessed or consumed at the residence or premises by any minor where the adult knew or reasonably should have known that any alcoholic beverage or controlled substance was in the possession of or being consumed by a minor at the residence or premises, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or controlled substance at the residence or premises. Sec. 3. Penalty. Any person violating this ordinance shall be guilty of a misdemeanor. Sec. 4. This ordinance shall be in full force and effect immediately upon its passage and publication. ORDINANCE NO. 905 AN ORDINANCE REGULATING THE USE OF ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES AT OPEN HOUSE PARTIES; PROVIDING DEFINITIONS: AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions "Adult" means any person eighteen (18) years of age or older. "Alcoholic Beverage" means any beverage containing more than one-half of 1% of alcohol by weight. "Minor" means a person not legally permitted by reason of age to possess alcoholic beveragespursuant to Edina City Ordinances and Minnesota State Statutes. "Residence" or "premises" means a home, apartment, condominium, premises, or other dwelling unit or meeting room or hall, whether occupied on a temporary basis or permanent basis, whether occupied as a dwelling or for a social function, owned, rented, leased or under the control of any person or persons including the curtilage of such residence or premises. "Open House Party" means a social gathering of persons at a residence or premises, other than the owners thereof, or those with rights of possession, or their immediate family members. .SC "Controlled Substance" means any drug, agent or substances or defined by Minnesota State Statutes. "Control" means the right of possession of a residence or premises. Sec. 2. Acts Prohibited. No adult having control of any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic beverage or controlled substance is possessed or consumed at the open house party by any minor, where the adult knew or reasonably should have known that any alcoholic beverage or controlled substance was in the possession of or being consumed by such minor at the open house party, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or controlled substance by such minor at the open house party. Sec. 3. Penalty. Any person violating this ordinance shall be guilty of a misdemeanor and subject to the penalties set forth in Ordinance No. 175. Sec. 4. This ordinance shall be in full force and effect immediately upon its passage and publication. First Reading: May 2, 1988 Second Reading: Waived Published in the Edina Sun -Current on May 11, 1988 /s/ C. WAYNE COURTNEY ATTEST: Mayor /s/ MARCELLA M. DAEHN City Clerk 186-1D ORDINANCE NO. 905 AN ORDINANCE REGULATING THE USE OF ALCOHOLIC BEVERAGES AND CONTROLLED SUBSTANCES AT OPEN HOUSE PARTIES; PROVIDING DEFINITIONS; AND PRESCRIBING A PENALTY. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions "Adult" means any person eighteen (18) years of age or older. "Alcoholic Beverage" means any beverage containing more than one-half of 1% of alcohol by weight. "Minor" means a person not legally permitted by reason of age to possess alcoholic beverages pursuant to Edina City Ordinances and Minnesota State Statutes. "Residence" or "premises" means a home, apartment, condominium, premises, or other dwelling unit or meeting room or hall, whether occupied on a temporary basis or permanent basis, whether occupied as a dwelling or for a social function, owned, rented, leased or under the control of any person or persons including the curtilage of such residence or premises. "Open House Party" means a social gathering of persons at a residence or premises, other than the owners thereof, or those with rights of possession, or their immediate family members. "Controlled Substance" means any drug, agent or substances so defined by Minnesota State Statutes. "Control" means the right of possession of a residence or premises. Sec. 2. Acts Prohibited No adult having control of any residence or premises shall allow an open house party to take place at the residence or premises if any alcoholic beverage or controlled substance is possessed or consumed at the open house party by any minor, where the adult knew or reasonably should have known that any alcoholic beverage or controlled substance was in the possession of or being consumed by such minor at the open house party, and where the adult failed to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or controlled substance by such minor at the open house party. Sec. 3. Penalty Any person violating this ordinance shall be guilty of a misdemeanor and subject to the penalties set forth in Ordinance No. 175. Sec. 4. This ordinance shall be in full force and effect immediately upon its passage and publication. CHEMICAL HEALTH ADVISORY COMMITTEE STATEMENT AS INDIVIDUAL MEMBERS OF THE EDINA CHEMICAL HEALTH ADVISORY COMMITTEE WE AGREE WITH THE HUMAN RELATIONS COMMISSION IN SUPPORT OF THE PROPOSED ORDNANCE DEFINING PEOPLES" RESPONSIBILITY FOR MINORS USING ALCOHOL AND CONTROLLED SUBSTANCES AT OPEN HOUSE PARTIES. WE FEEL THE ORDNANCE SHOWS CLEAR SUPPORT BY THIS COMMUNITY FOR TNE LAW, AND REINFORCES PARENTS' RICHTS AND RESPONSIBILITIES TO SAY NO. MEMBERS ENDORSING: CRAIG SWANSON, CANNY WRIGHT, MICKI GAMER, PAM KEATING, BETSY FLATEN, MARY ELLEN bAR1IS, BERIT PETERSON, TOM OYE, BOB HALL BUD BJEFKEN, KEN DRACSETL, PETER LARSON, ALICE RANDALL, GARY PULCHRABECX, DR. STEVE NORAN, JAMES MOE, ETEVE PARENTEAU, SHIRLEY VAUX, SANDRA ELIASON, RAY SMYTH SONYA STEVENDR. HENRY A. JOHNSEN, SUE CHRISTIANSEN, MARTIN ERICKSON, DEBBIE morcHAnr, PAT LLONA. BEVERLY THOMAS, PACEY ERCK Presented to Council 5/2/88 EDINA KINDERGARTEN CENTER 5201 NORMANDALE ROAD EDINA, MN 55424 929-9620 MAY 2, 1988 The Edina City Council 4801 W. 50th Stree Edina, Minnesota 55424 Dear Members of the Council: The Executive Board of the Kindergarten Center PTA strongly supports the proposed ordinance regulating the use of alcoholic beverages and controlled substances at open house parties. We, as parents and community members, are concerned that the Community of Edina take an aggressive stand against the use of chemicals by minors and against unsupervised gatherings of minors. Secondly, we feel that the amended ordinance will provide a positive example of the behavioral expectations of all Edina citizens. Sincerely, Andy Lou •tness, President Cindy Falkenborg, Vice -President Carolyn Nielsen, Treasurer Elizabeth Milne, Secretary Sharon Herman , Creek Valley School Liaison Connie Gastler, Cornelia School Liaison Rosalind Sinesio, Countryside School Liaison Cathy Malkovich, Concord School Liaison 3 --tee 10--- 1 chroeder, LilyPrincipal REPORT/RECOMMENDATION To: Ken Rosland, Manager From: Gordon Hughes, Assistant Manager Date: April 28, 1988 Subject: Amendment to Wine Ordinance Agenda Item # V.A 2 Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Adoption of Ordinance No. 902-A5. Info/Background: Attached is a proposed amendment to the Wine Licensing Ordinance. The present Ordinance requires that a restaurant patron must order a meal prior to being served•wine. This requirement conflicts with the customary practice whereby the patron orders a glass of wine prior to making a menu selection. The proposed amendment softens the present requirement provided that the restaurant informs patrons of the requirement that continued wine service is ultimately dependent on food service. We have notified all restaurants with wine licenses of the May 2, 1988, hearing on the ordinance amendment. ORDINANCE NO. 902-A5 AN ORDINANCE AMENDING ORDINANCE NO. 902A-1 TO CLARIFY THE REQUIREMENT THAT A MEAL MUST BE ORDERED PRIOR TO THE SERVICE AND CONSUMPTION OF WINE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 40(a) or Ordinance No. 902-Al is hereby amended to read as follows: "(a) No person shall be sold, served or consume wine who does not intend to order a meal to be consumed with the wine. The licensee shall advise all patrons of the requirements of this paragraph (a) either through placards displayed in the restaurant or notices contained in the menu and wine list." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. CITY OF EDI NA `4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612-927-8861 NOTICE OF PUBLIC HEARING The Edina City Council will meet at the Edina City Hall, 4801 W. 50th Street, Edina, MN, on Monday, May 2, 1988 at 7:00 p.m., and will at said time and place consider amending Edina Ordinance No. 902, the Wine Licensing Ordinance, for the purpose of clarifying the present requirement that a meal must be ordered prior to the service and consumption of wine. The ordinance amendment that has been suggested by city staff is as follows (new words and phrases are underlined): "(a) No person shall be sold, served or consume wine who does not intend to order a meal to be consumed with the wine. The licensee shall advise all patrons of the requirements of this paragraph (a) either through placards displayed in the restaurant or notices contained in the menu and wine list. The City Council may choose to modify the suggested amendment at the public hearing. All recommendations and objectives will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL Marcella M. Daehn City Clerk To: From: Date: Subject: REPORT/RECOMMENDATION Ken Rosland, Manager Marcella Daehn, Clerk April 28, 1988 Ordinance No. 102 Limiting Terms of Service by Individuals Appointed to Boards, Commissions or Committees Recommendation: Agenda Item # V.B Consent Information Only Mgr . Recommends Action Second Reading and Adoption of Ordinance No. 102 Info/Background: x 1 (I To HRA To Council Motion Resolution Ordinance Discussion At its meeting of April l8, 1988 the Council gave First Reading to Ordinance No. 102 - Limiting Terms of Service of Individuals Appointed by the City Council to Boards, Commissions or Committees. This ordinance should be placed on the May 2, 1988 Agenda for Second Reading according to our normal process. A copy of the ordinance is attached. EDINA ORDINANCE NO. 102 AN ORDINANCE LIMITING TERMS OF SERVICE OF INDIVIDUALS APPOINTED BY THE CITY COUNCIL TO BOARDS, COMMISSIONS OR COMMITTEES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Limitation on Tenure. No person shall be appointed or reappointed by the City Council to any board, commission, committee or any other advisory or legislative body if he or she has served on that board, commission or committee for a cumulative period of twelve or more years (whether or not consecutive). Section 2. Exceptions. Members of the City Council and employees of the City of Edina who by virtue of their employment with the City are appointed by the City Council to boards, commissions and committees shall be exempt from the provisions of this ordinance. Section 3. Valid Appointment. Any person who is appointed or reappointed in error or inadvertance in violation of this ordinance shall yet be deemed validly appointed and all action taken by such person in the position to which he or she is appointed shall be valid, but such person may be discharged and a new appointment or reappointment made at the pleasure of the Council. Section 4. This ordinance shall be in full force and effect on January 1, 1990. TO: FROM: SUBJECT: MEMORANDUM Kenneth Rosland Craig Larsen, City Planner William Lewis, Chairman of Community Development and Planning Commission DATE: April 21, 1988 Bill Lewis has asked that we inform the City Council that he does not wish to be reappointed to the Planning Commission when his term expires in February, 1989. 1. 2. 3. 4. 5. REQUEST FOR PURCHASE TO: Mayor & City Council FROM: Francis Hoffman, Director of Public Works VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: 29 April, 1988 AGENDA ITEM vll.A. (Consent) ITEM DESCRIPTION: Well Company E. H. Renner Keys Well Drilling Layne Minnesota Overhaul for Well No. 10 Amount of Quote or Bid 1. $ 24,450.00* 2 $ 24,880.00** 3. $ 31,228.00*** 4. 5. RECOMMENDED QUOTE OR BID: Rejection of bids and re -bid job. GENERAL INFORMATION: The job was to remove sand from the well, repair a leak in the casing and replace major components of well. *Bidder failed to supply proper bid. **Bidder did not bid on all items. ***City staff felt that bid was too high. Signature The Recommended bid is Public Works - Utilities Department within budget not within budget John Wallin, Finance Director Kenneth Rosland, City Manager TO: FROM: VIA: REQUEST FOR PURCHASE EDINA COUNCIL MEMBERS BOB KOJETIN, DIRECTOR EDINA PARK AND RECREATION DEPARTMENT Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: APRIL 27, 1988 AGENDA ITEM vii .13 ITEM DESCRIPTION: Company Amount of Quote or Bid 1. GOULD CHEVROLET OLDS COMPANY 1. $10,522.00 2•ITEN CHEVROLET COMPANY 2. 9,303.67 3. STAR WEST 3. $ 9,259.30 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: STAR WEST GENERAL INFORMATION: NEW SMALL TRUCK FOR GOLF COURSE MAINTENANCE USE. Si ature The Recommended bid is Departmen within budget not within b i finance Director Kenneth Rosland, City Manager REQUEST FOR PURCHASE TO: Mayor & City Council Members FROM: Ceil Smith VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: May 2, 1988 AGENDA ITEM viz .0 ITEM DESCRIPTION: Public Officials Liability Insurance Company Amount of Quote or Bid 1. West World 2. National Casualty 3. 4. 5. 1.822,000 2. $10,600 3. 4. 5. RECOMMENDED QUOTE OR BID: National Casualty - $10, 600 GENERAL INFORMATION: The premium quoted by National Casualty reflects no change (+ or -) from last year's premium the City paid for similar coverage. Signature The Recommended bid is Administration Department within budget not within budget , Jghn/W . in, Finance Director Kenneth Rosland. City Manager REQUEST FOR PURCHASE TO: Mayor & Council Members FROM: Ceil Smith VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: May 2, 1988 AGENDA ITEM VI' . C ITEM DESCRIPTION: Police Company 1. 2. 3. National Casualty Option A 4. Professional Liability Insurance Amount of Quote or Bid 5. Imperial Casualty & Indemnity 1 $30,758 2. 3. $23,780 4. 5. RECOMMENDED QUOTE OR BID: National Casualty - $23,780 GENERAL INFORMATION: These quotations are based on coverage in the amount of $500,000 each occurance, $500,000 annual aggregate. National Casualty, quotation of $23,780 reflects a 26% reduction in premium, due partially to market changes and changes in the level of coverage. The Recommended bid is Administration Department within budget not within dget j hn II' finance Director Kenneth Rosland, City ilanager REQUEST FOR PURCHASE TO: MAYOR AND CITY COUNCIL FROM: GORDON HUGHES VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: MAY 2, 1988 AGENDA ITEM vii D ITEM DESCRIPTION: TWO HARVESTINGS OF MILL POND Company 1. MIDWEST AQUA CARE 2 NO OTHER BIDDERS 2. 3. 3. 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: MIDWEST AQUA CARE Amount of Quote or Bid $8768.00 GENERAL INFORMATION: MIDWEST AQUACARE'S BID IS THE SAME AS LAST YEAR'S PRICE /4/1 Signature (/ Department The Recommended bid is within budget not within budget John Wallin, Finance Director Kenneth Rosland, City Manager 1. 2. 3. 4. 5. REQUEST FOR PURCHASE TO: Mayor & City Council FROM: Francis Hoffman, Director of Public Works VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: 29 April, 1988 AGENDA ITEM VIL.A. (Consent) ITEM DESCRIPTION: Well Company E. H. Renner Keys Well Drilling Layne Minnesota Overhaul for Well No. 10 Amount of Quote or Bid 1. $ 24,450.00* 2 $ 24,880.00** 3. $ 31,228.00*** 4. 5. RECOMMENDED QUOTE OR BID: Rejection of bids and re -bid job. GENERAL INFORMATION: The job was to remove sand from the well, repair a leak in the casing and replace major components of well. *Bidder failed to supply proper bid. **Bidder did not bid on all items. ***City staff felt that bid was too high. The Recommended bid is Public Works - Utilities Department within budget not within budget John Wallin, Finance Director Kenneth Rosland, City Manager TO: FROM: VIA: REQUEST FOR PURCHASE EDINA COUNCIL MEMBERS BOB KOJETIN, DIRECTOR EDINA PARK AND RECREATION DEPARTMENT Kenneth Rosland City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: APRIL 27, 1988 AGENDA ITEM vzi . B ITEM DESCRIPTION: Company Amount of Quote or Bid 1•GOULD CHEVROLET OLDS COMPANY 1. $10,522.00 2•ITEN CHEVROLET COMPANY 2. $ 9-,303.67 3•STAR WEST 3. $ 9,259.30 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: STAR WEST GENERAL INFORMATION: NEW SMALL TRUCK FOR GOLF COURSE MAINTENANCE USE. Siliature Departmen The Recommended bid is within budget not within b finance Director Kenneth Rosland, City Manacier REQUEST FOR PURCHASE TO: Mayor & City Council Members FROM: Ceil Smith VIA: Kenneth Rosland. City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: May 2, 1988 AGENDA ITEM 711.0 ITEM DESCRIPTION: Public Officials Liability Insurance Company Amount of Quote or Eid 1. West World 2. National Casualty 3. 4. 5. 1. $22,000 2. $10,600 3 4 5 RECOMMENDED QUOTE OR BD: National Casualty - $10,600 GENERAL INFORMATION: The premium quoted by National Casualty reflects no change (+ or -) from last year's premium the City paid for similar coverage. G (' ' Signature The Recommended bid is Administration Department within budget not within get ' J2hn* ltn, Finance Director Cfenneth Rosland, Cit ' Manager REQUEST FOR PURCHASE TO: Mayor & Council Members FROM: Ceil Smith VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: May 2, 1988 AGENDA ITEM VII . c ITEM DESCRIPTION: Police Company 1. 2. 3. National Casualty Option A 4. 5. Professional Liability Insurance Amount of Quote or Bid Imperial Casualty & Indemnity 1.$30,758 2. 3 _ $23,780 4. 5. RECOMMENDED QUOTE OR BID: National Casualty - $23,780 GENERAL INFORMATION: These quotations are based on coverage in the amount of $500,000 each occurance, $500,000 annual aggregate. National Casualty quotation of $23,780 reflects a 26% reduction in premium, due partially to market changes and changes in the level of coverage. The Recommended bid is within budget not within Administration Department finance Director Kenneth Rosland, City Manager REQUEST FOR PURCHASE TO: MAYOR AND CITY COUNCIL FROM: GORDON HUGHES VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE IN EXCESS OF $5,000 DATE: MAY 2, 1988 AGENDA ITEM VII D ITEM DESCRIPTION: TWO HARVESTINGS OF MILL POND Company 1. MIDWEST AQUA CARE 2 NO OTHER BIDDERS 2. 3. 3. 4. 4. 5. 5. RECOMMENDED QUOTE OR BID: MIDWEST AQUA CARE Amount of Quote or Bid $8768.00 GENERAL INFORMATION: MIDWEST AQUACARES BID IS THE SAME AS LAST YEAR'S PRICE /44//1 Signature Department The Recommended bid is within budget not within budget John Wallin, Finance Director Kenneth Rosland, City Manager REPORT/RECOMMENDATION To: From: Date: Subject: KENNETH ROSLAND, CITY MANAGER GORDON L. HUGHES APRIL 29, 1988 DEER SURVEY/DNR Agenda Item # Consent Information Only Mgr . Recommends Action VTTT.A To HRA To Council Motion Resolution Ordinance Recommendation: Info/Background: Attached is a letter from Hennepin Parks, summarizing the results of this winter's,deer survey. Jon Parker of the Department of Natural Resources has agreed to attend the May 2, meeting to answer any questions about the survey and the feasibility of control measures. I have also notified residents who have expressed interest in this topic of Monday's meeting. HENNEPIN PARKS Suburban Hennepin Regional Park District 12615 County Road 9 P.O. Box 41320 Plymouth, MN 55441 Telephone (612) 559-9000 Board of Commissioners David Latvaaho Chair Golden Valley Shirley A. Bonine Vice Chair Maple Plain Judith S. Anderson Bloomington Robert L. Ellingson Brooklyn Center Nicholas Eoloff Robbinsdale Mona H. Moede Golden Valley Neil Weber Mound Vern J. Hartenburg Superintendent & Secretary to the Board February 23, 1988 Gordon Hughes Edina City Hall 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Hughes: Enclosed is a map showing the results of the 1988 deer census for Edina and the immediate surrounding area. I've also included the results of past surveys when parts of Edina were included. The survey cost is $130.00 for 1 hour of helicopter time. Please make your check payable to Hennepin Parks, and send it to Pat Sheetz, Hennepin Parks, 12615 County Road 9, P. 0._Box 41320, Plymouth, MN 55441. As you can see, the majority of the deer are spending the winter just to the west or south of Edina. We probably located 75 percent of the deer in the survey area. I would estimate that the winter population is approximately 75 animals for the area north of 494, up to Bryant Lake. This number may be supplemented by deer from Hyland Lake Park Reserve during other times of the year. Any attempt to control the deer herd would have to be coordinated with Eden Prairie and Bloomington to be effective, for two reasons. First, removals are easiest during winter, but most deer are not in Edina at that time. Second, the influx of deer from Bloomington and Eden Prairie would overwhelm any control attempts conducted strictly within Edina. I hope you find this survey informative. I'd be happy to discuss the results with you if you have any questions. LNG:ab Enclosures 529 Sincerely, ore L. N. Gillette Wildlife Manager iilen Nteke �.. EL 9� Flying� Cloud Airport Ft 1n9 Lake ®EIS o .Lot Lake, Pp k � tad 78th SI HENNEPIN PARKS tt,4 Leka CJytith 5 alone Ave Hyland Lake Park Reserve 137 6th St. Corridor 5 "-corridor Park 18 Eden Prairie 53 Edina 10 TOTAL HERD: 223 ! 7000. 10200 is 31 W. 1081h St. 1.1_000- 3 w �0n t i 88nt0n Dewe Nil 861h S1 J _ _ Mill Pond W. pth 3 ,ottlown ' Lake Harriet W 56th St ich teid „ 65 „ Zt 7611. St. X 90th Bloo ington W. 102nd 5t. 9,1th Sty° W. 102nd 51. Mou " Spr n Praule Heights Rd >`r EL Flying Cloud Airport I. �Mt<z•- HENNEPIN PARKS Hyland Lake Park Reserve 99 86th St. Corridor 24 '--Corridor Park 33 Eden Prairie 55 * Edina 8 Normandale Lake 11 TOTAL HERD: 230 *Bryant Lake not flown in 1986 dirrh v �sianri '.akl 't Birch FI la Et. 9 Flying Cloud Airport ,no; :lass a Sri e4 I J� w i s fi8her t. aka Regidnity mark 1 6t 94 C.ii HENNEPIN PARKS 19 Hyland Lake Park Reserve 49 86th St. Corridor 66 Corridor Park 0 Eden Prairie 44 6 Edina Dewey Hilt Rd 1-60wood ai-(' �`� Ilndusvist th St. �- a e 94th 9t4 W. 102nd St. Mot: 22 Sp TOTAL HERD: 165 REPORT/RECOMMENDATION To: Ken Rosland, City Manager & City Council Members From: Bob Kojetin, Director Park and Recreation Date: April 29, 1988 Subject: Braemar Park Facilities improvemen and upgrading Agenda Item # vT T T . Consent Information Only Mgr . Recommends Action X X X B. To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Approval of the entire Braemar Park proposal. Jim Fee MOVED TO APPROVE THE ENTIRE BRAEMAR PARK PROPOSAL WHICH INCLUDES THE PAVILION REMODELING, THE GOLF DOME PURCHASE, THE BRAEMAR GOLF COURSE EXPANSION AND IMPROVEMENTS AS PRESENTED BY KEN ROSLAND. THIS MOTION IS NOT TO INCLUDE CONSTRUCTION OF A NEW GYMNASTICS FACILITY AT THIS TIME, HOWEVER, THE PARK BOARD RECOMMENDS FURTHER STUDY IN SUPPORT OF A FUTURE GYMNASTICS FACILITY. Don Wineberg sInto/background: h°MOTION CARRIED UNANIMOUSLY. The winter and spring of_1988 a staff study report lead by Ken Rosland and Braemar Park facility staff was prepared. A summary is included in the attached Park Board minutes. SPECIAL EDINA PARK BOARD MEETING 7:30 p.m. April 26, 1988 Edina City Hall MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: OTHERS PRESENT: Bob Christianson, Bill Lord, Jim Fee, Bill Jenkins, Andrew Montgomery, Don Wineberg Itti Furlong, James Moe, Jean Rydell, Mac Thayer Ken Rosland, Bob Kojetin, John Keprios, Bill Bach, John Valliere, Larry Thayer Stephen Smith, President, Edina Hockey Association; Pam Moody, President, Braemar City of Lakes Figure Skating Club; Roger Harold, Braemar Golfer; Anne Maguire, Edina Gymnastics Association; William Lund, President, Edina Gymnastics Association; Art Katzman, Edina Gymnastics Association; Tass vonSchmidt-Paul, Braemar Men's Club; Frank Garrison, Braemar Men's Club; Erling Grealey, Braemar Men's Club; Cora Jane Blanchard, Braemar Women's Club; Jim Blanchard, Braemar Men's Club; Ed Howat, Edina Hockey Association; Dick Maguire, Edina Gymnastics Association. Bob Christianson called the meeting to order at 7:30 p.m. Bob Christianson welcomed new member Bill Jenkins to the Edina Park Board and thanked him for his willingness to serve the community. I. APPROVAL OF MINUTES OF MARCH 8. 1988 Don Wineberg MOVED TO APPROVE THE MINUTES OF THE MARCH 8, 1988, MEETING. Jim Fee seconded the motion. MOTION CARRIED. II. BRAEMAR PARK REORGANIZATION AND UPGRADING PROPOSAL Ken Rosland gave a presentation the Braemar Park reorganization and upgrading proposal. Mr. Rosland explained that there are four major aspects to the Braemar Park proposal: 1. Repair and upgrade the Braemar Pavilion to ensure a reliable energy -efficient sheet of ice to be operational by October 1, 1988. 2. Purchase the Edina Golf Dome, to be managed by John Valliere, in order to produce a positive cash flow for the proposed Braemar Park fund. 3. Braemar Golf Course expansion and improvements to include: - add a 9-hole, 3,000 yard course to the existing 18-hole Championship course -construct a new building to replace the existing A -frame building -increase the size of the parking lot -construct a new golf car shelter -purchase 20 new golf cars -replace roof on old section of the club -house 4. Construct a new gymnastics facility adjacent to the Braemar Pavilion. Mr. Rosland explained the need for each project in detail: Braemar Golf Course There currently is more demand for golf at Braemar than can be met. Roughly 250 golfers per day are turned away because of the high demand. It is projected that within ten years the demand for golf will be considerably greater. To respond to this demand as well as produce an additional positive cash flow, an additional 9 hole course is proposed at a projected capital expenditure of $900,000. Although 60% of the proposed course would be in a designated flood plain, engineers and 9-mile Watershed District officials have approved the proposal. This 3,000 yard course would not affect the existing 18-hole championship course. With the addition of the 9-hole course, there will be a need for: -a larger parking lot (535 spaces) -20 new golf cars -more golf car storage $275,000 50,000 50,000 To keep up with the increasing demand for golf, there will also be a need for: -new building (replace A -frame) -club-house energy upgrade $150,000 25,000 The total golf course expansion and improvements is projected to cost $1,450,000. Golf Dome The Edina Golf Dome has been managed for the past two years by John Valliere. Figures have shown the potential for an excellent positive cash flow. 1987 figures show an actual operating income (after depreciation) of $111,000. The Edina Golf Dome could be a large asset to the proposed Braemar Park fund and would provide a means of financing Braemar Park fund losses without having to use general tax dollars. The purchase price is $575,000. Braemar Pavilion The present mechanical refrigeration system including the floor, refrigeration equipment and cooling tower are all in need of replacement. It is no longer financially feasible to repair the damaged equipment. The proposal is to construct a sand floor, energy -efficient, year -around sheet of artificial ice to be operational by October 1, 1988. This proposal includes the addition of much needed bleachers, locker rooms toilet facilities, and a commons area. The total renovation of the Braemar Pavilion is projected to be $1,500,000. The proposal includes the extension of Braemar Boulevard as a state -aid road around the Braemar Arena parking lot. The most timely need in the entire Braemar Park proposal is the need for a reliable sheet of artificial ice to replace the currently inoperable Braemar Pavilion. Gymnastics Building Currently the Edina Gymnastics Association is leasing warehouse space in Edina for $55,000 a year and are not able to meet the growing demand in Edina for the sport of gymnastics. The E.G.A. is also anticipating an increase in demand in the near future. For future planning purposes, it is suggested that the Edina Park Board work with the E.G.A. to address the possibility of constructing a gymnastics facility at Braemar to meet these demands and secure a long-term facility for the program. The gymnastics building is not part of the proposed #3,525,000 plan for Braemar Park. Financial Package Mr. Rosland explained that the total package is estimated at $3,525,000. The project would be financed by 20 year revenue bonds at a projected seven and one-half percent interest or better. The proposal includes the use of joint management at Braemar Park and the establishment of a Braemar Park fund to include: -Braemar Arena/Pavilion -Braemar Golf Course -Brian Wippermann Memorial Gun Range -Edina Golf Dome -Braemar Baseball Complex -Braemar Park (General Park Area) Summary Mr. Rosland summarized the utmost importance to move on the replacement of the Braemar Pavilion equipment. The City Council has the authority to sell revenue bonds to fund this entire project. If necessary, the refrigeration equipment could be replaced independent of the other proposed improvements, however, it would be financially beneficial to approve the entire project. Question/Comments from the Park Board Jim Fee asked why the purchase of the Edina Golf dome is important. Mr. Rosland replied that under the current projections the Edina Golf Dome would potentially produce a $120,000 positive cash flow. Bill Lord asked about the accuracy of the Golf Dome figures. Mr. Rosland explained that the past two years were managed by John Valliere and that the stated figures are actual. Bob Christianson asked why the owner of the Golf Dome wants to sell it. Mr. Rosland explained that the current owner no longer has an interest in managing the facility. Bill Lord asked about the $575,000 asking price. Mr. Rosland explained that he personally negotiated this price and that he is very comfortable with the agreement. Bob Christianson asked about the 15 year lease agreement. It was explained that the Edina Golf Dome Associates were obligated to a 15 year lease which could be dissolved upon purchase by the City. Don Wineberg asked about the life expectancy of the Dome. Ken replied that it is expected to last between 15 and 20 years. Now that the Dome is not taken down annually, the structure may have a longer life expectancy. Bob Christianson asked how the purchase of the Normandale Golf Course compares to the Braemar proposal. Mr. Rosland explained that the Braemar proposal is far superior financially. It was mentioned that the demand for indoor ice in Edina exceeds what two rinks can provide. Questions/Comments from Guest Dale Lund, President of Edina Gymnastics Association: -E.G.A. would like to explore the possibility of getting out of existing 5 year lease. -The E.G.A. has over 900 children accommodate demand, plus, demand -E.G.A. is in need of a long term -E.G.A. is willing to explore the debt on a new facility. in their program and presently cannot is expected to grow. facility. possibility of paying off the capital Ed Howat, Past President Edina Hockey Association -A committee was established in 1985 to explore the possibility of constructing a new ice facility. -The E.H.A. needs a second sheet of reliable indoor ice that is functional by October 1, 1988. -He supports the entire project and understands the additional needs for financing. -Would like to see an enlarged gymnastics facility to enhance the hockey program (weight rooms, exercise rooms, etc.) -The focus of this entire project should be to secure a second sheet of reliable energy -efficient indoor ice by October 1, 1988 Stephen Smith, President Edina Hockey Association -There is a great deal of high anxiety amongst hockey parents for fear of not knowing if there will be a second sheet of ice by October 1, 1988. -The Edina Hockey Association concurs with Ed Howat's statements. -The E.H.A. enrolls over 700 children annually and administer four tournaments per year. Roger Harold, Braemar Golfer -Without the Pavilion problems, there still exists a tremendous demand for golf in Edina. -He is concerned that future improvements and concerns for the golf course will not be met because the golf course revenues will be tied into other facilities' debts. Jim Fee MOVED TO APPROVE THE ENTIRE BRAEMAR PARK PROPOSAL WHICH INCLUDES THE PAVILION REMODELING, THE GOLF DOME PURCHASE, THE BRAEMAR GOLF COURSE EXPANSION AND IMPROVEMENTS AS PRESENTED BY KEN ROSLAND. THIS MOTION IS NOT TO INCLUDE CONSTRUCTION OF A NEW GYMNASTICS FACILITY AT THIS TIME, HOWEVER, THE PARK BOARD RECOMMENDS FURTHER STUDY IN SUPPORT OF A FUTURE GYMNASTICS FACILITY. Don Wineberg seconded the motion. MOTION CARRIED UNANIMOUSLY. III. OTHER Bob Christianson commented on an invitation received from Hennipen County Parks to tour their parks June 1. A letter in regard to this will be sent out to all Park Board Members. IV. ADJOURNMENT Bill Lord MOVED TO ADJOURN AT 9:20 p.m. Jim Fee seconded the motion. MOTION CARRIED. ITEMS FOR COUNCIL APPROVAL: Jim Fee MOVED TO APPROVE THE ENTIRE BRAEMAR PARK PROPOSAL WHICH INCLUDES THE PAVILION REMODELING, THE GOLF DOME PURCHASE, THE BRAEMAR GOLF COURSE EXPANSION AND IMPROVEMENTS AS PRESENTED BY KEN ROSLAND. THIS MOTION IS NOT TO INCLUDE CONSTRUCTION OF A NEW GYMNASTICS FACILITY AT THIS TIME, HOWEVER, THE PARK BOARD RECOMMENDS FURTHER STUDY IN SUPPORT OF A FUTURE GYMNASTICS FACILITY. Don Wineberg seconded the motion. MOTION CARRIED UNANIMOUSLY. A PLAN For Braemar Park REPAIR AND UPGRADE BRAEMAR ARENA AND PAVILION. CONSTRUCT NEW 9 HOLE GOLF COURSE PURCHASE EDINA GOLF DOME CONSTRUCT NEW DRIVING RANGE AND EXECUTIVE COURSE BUILDING CONSTRUCT NEW PARKING LOT AT BRAEMAR CLUB HOUSE Edina Park and Recreation Department CITY OF EDINA BRAEMAR PARR FACILITIES PROPOSED LIST OF CAPITAL EXPENDITURES Golf Course New Nine Hole Course New Building (Replace A -Frame) Parking Lot (535 spaces) Golf Car Shelter New Golf Cars (20) Clubhouse Energy Upgrade Total Golf Course Golf Dome Purchase Dome Arena Renovation of Pavilion $ 900,000 150,000 275,000 50,000 50,000 25,000 1,450,000 575,000 1,500,000 Total Project Expenses $3,525,000 CITY OF EDINA BRAEMAR PARK FACILITIES ABBREVIATED REVENUE AND EXPENSE DETAIL BRAEMAR BASEBALL COMPLEX: REVENUES $30,000 $30,000 EXPENSES 32,000 32,000 NET (2,000) (2,000) ACTUAL 1987 BUILD OUT BRAEMAR PARK: REVENUES 0 0 EXPENSES 10,500 10,500 NET (10,500) (10,500) GUN RANGE: OPERATING REVENUES OPERATING EXPENSES NET BRAEMAR ARENA: OPERATING REVENUES OPERATING EXPENSES NET GOLF DOME: OPERATING REVENUES OPERATING EXPENSES 22,115 22,564 (449) 364,327 341,486 22,841 220,000 89,000 24,000 23,000 1,000 418,000 402,000 16,000 225,000 98,000 NET 131,000 127,000 CITY OF EDINA BRAEMAR PARK FACILITIES ABBREVIATED REVENUE AND EXPENSE DETAIL GOLF COURSE: OPERATING REVENUES OPERATING EXPENSES NET TOTAL PROJECT: NET BEFORE DEBT SERVICE AND DEPRECIATION LESS: DEBT SERVICE NET BEFORE DEPRECIATION DEPRECIATION NET OPERATING INCOME (LOSS) ACTUAL 1987 BUILD OUT $1,041,426 $1,584,000 791,343 966,000 250,083 618,000 390,975 749,500 (147,688) (500,000) 243,287 249,500 (178,134) (240,000) $65,153 $9,500 CITY OF EDINA BRAEMAR PARK FACILITIES REVENUE AND EXPENSE DETAIL GUN RANGE OPERATING REVENUES: ACTUAL 1987 BUILD OUT RANGE FEES $19,426 $21,000 SALE OF AMMUNITION 2,417 2,600 CONCESSIONS (LESS COST OF SALES) 256 350 OTHER 16 50 TOTAL OPERATING REVENUES 22,115 24,000 OPERATING EXPENSES: PERSONAL SERVICES 12,191 12,500 CONTRACTUAL SERVICES 4,737 4,800 COMMODITIES 5,396 5,400 CENTRAL SERVICES 240 300 TOTAL OPERATING EXPENSES OPERATING INCOME (LOSS) BEFORE DEPRECIATION DEPRECIATION OPERATING LOSS 22,564 23,000 (449) 1,000 (5,402) (6,000) ($5,851) ($5,000) CITY OF EDINA BRAEMAR PARK FACILITIES REVENUE AND EXPENSE DETAIL BRAEMAR ARENA ACTUAL 1987 OPERATING REVENUES: BUILD OUT RENTAL FEES ($85/hr) $279,083 $326,000 SEASON TICKET SALES 9,223 12,000 DAILY SKATING FEES 13,439 14,500 ADMISSIONS 18,162 20,000 LESSONS 22,880 23,000 CONCESSIONS (LESS COST OF SALES) 8,648 9,000 VENDING MACHINE COMMISSIONS 7,730 8,000 SERVICES - SKATE SHARPENING 4,893 5,000 OTHER 269 500 TOTAL OPERATING REVENUES 364,327 418,000 OPERATING EXPENSES: PERSONAL SERVICES 147,432 170,000 CONTRACTUAL SERVICES 110,385 149,000 COMMODITIES 28,289 40,000 CENTRAL SERVICES 55,380 43,000 TOTAL OPERATING EXPENSES OPERATING INCOME BEFORE DEPRECIATION DEPRECIATION OPERATING LOSS 341,486 402,000 22,841 (46,216) 16,000 (80,000) ($23,375) ($64,000) CITY OF EDINA BRAEMAR PARK FACILITIES REVENUE AND EXPENSE DETAIL GOLF DOME ACTUAL 1987 OPERATING REVENUES: BUILD OUT GOLF RECEIPTS $185,000 190,000 RENTALS 35,000 35,000 TOTAL OPERATING REVENUES 220,000 225,000 OPERATING EXPENSES: PERSONAL SERVICES 10,000 10,000 CONTRACTUAL SERVICES 72,000 78,000 COMMODITIES 7,000 7,000 CENTRAL SERVICES 0 3,000 TOTAL OPERATING EXPENSES OPERATING INCOME BEFORE DEPRECIATION DEPRECIATION OPERATING INCOME 89,000 98,000 131,000 (20,000) 127,000 (29,000) $111,000 $98,000 CITY OF EDINA BRAEMAR PARK FACILITIES REVENUE AND EXPENSE DETAIL GOLF COURSE OPERATING REVENUES: ACTUAL 1987 BUILD OUT GREEN FEES $448,324 $500,000 EXECUTIVE COURSE 57,063 175,000 NEW COURSE 0 350,000 RENTAL FEES 106,183 120,000 PATRON CARD FEES 78,816 80,000 CONCESSIONS (LESS COST OF SALES) 107,446 120,000 DRIVING RANGE 154,630 150,000 LESSONS 3,321 3,000 OTHER 954 1,000 TOTAL OPERATING REVENUES 956,737 1,499,000 OPERATING EXPENSES: ADMINISTRATION 252,446 265,000 BUILDING - CLUB HOUSE & PRO SHOP 100,349 106,000 MAINTENANCE OF COURSE 225,885 375,000 RANGE, GRILL & EXECUTIVE COURSE 133,218 135,000 TOTAL OPERATING EXPENSES OPERATING INCOME BEFORE DEPRECIATION DEPRECIATION OPERATING INCOME 711,898 881,000 244,839 (106,516) 618,000 (125,000) $138,323 $493,000 25-Apr-88 AMORTIZATION SCHEDULE YEARS INTEREST RATE BEGINNING BALANCE 7.50% PRINCIPAL INTEREST ENDING BALANCE 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 3,500,000 3,500,000 3,500,000 3,430,000 3,360,000 3,290,000 3,150,000 3,010,000 2,870,000 2,660,000 2,450,000 2,240,000 2,030,000 1,820,000 1,610,000 1,400,000 1,190,000 980,000 700,000 350,000 0 0 70,000 70,000 70,000 140,000 140,000 140,000 210,000 210,000 210,000 210,000 210,000 210,000 210,000 210,000 210,000 280,000 350,000 350,000 262,500 262,500 262,500 257,250 252,000 246,750 236,250 225,750 215,250 199,500 183,750 168,000 152,250 136,500 120,750 105,000 89,250 73,500 52,500 26,250 3,500,000 3,500,000 3,430,000 3,360,000 3,290,000 3,150,000 3,010,000 2,870,000 2,660,000 2,450,000 2,240,000 2,030,000 1,820,000 1,610,000 1,400,000 1,190,000 980,000 700,000 350,000 0 Totals $3,500,000 $3,528,000 Total Debt Service$7,028,000 Average Annual Debt Service $351,400 FEASIBILITY STUDY FOR THE RENOVATION, UPGRADING AND ADDITION TO BRAE'MAR SPORTS COMPLEX EDINA, MINNESOTA C0HM NO. 8723 APRIL 6, 1988 PREPARED BY DEL ?NO ERIC-SON ARCHITECTS 7415 WAYZATA BOULEVARD MLNNEAPOLIS, MINNESOTA 55426 (612) 544-8370 f i i i i TABLE OF CONTENTS INTRODUCTION - 1 SITE PLAN - 2 - 3 PROGRAM & BUILDING ANALYSIS - 4 - 6 EXISTING CONDITIONS PHOTOGRAPHS - 7 - 10 DESIGN CONCEPT - 11 - 14 MECHANICAL DESIGN 15 - 16 CONSTRUCliON COST ESTIMATE - 17 - 18 APPENDIX r i i INTRODUCTION This study has been undertaken as a follow-up to the March 3, 1986, study and to determine the feasibility of up -grading the existing Braemar complex at a financially sound cost. Concerns for accommodating a future gymnastics facility should also be addressed. Up -grade pavilion include ice and team rooms with commons connection to main arena: approximate cost $1,500,000. Given the revenue capabilities and the objective for a first class facility which can operate in an efficient manner, a concept was developed to provide the necessary improvements and upgrade the comfort, seating capacity, operations and administration of the complex. The following site plan illustrates the site impact of the Commons addition and provision for a future Gymnastics facility. This study does not include long range site improvements or planning for same. The city will under take these improvements as they fit into overall city projects. f i i i f i L PROGRAM/ANALYSIS MEMORANDUM TO: Ken Rosland, Bob Kojetin, Larry Thayer, Len Lundquist, Harold Bakke, File FROM: Del Erickson DATE: February 29, 1988 SUBJECT: Braemar Pavilion Arena Study Comm. No. 8723 The following program outline is based on meetings with Larry Thayer and staff at the arena and inspections of the existing facility for conditions relating to refrigeration, mechanical, and structural. The program will define the design elements to improve and place the pavilion and arena complex in a first class condition both functionally and aesthetically. The initial reaction to the pavilion is that improvement might be accomplished to two different levels. One which corrects the problems and provides a comfortable space without changing the basic arrangement and functional use and layout of the facility. Two which does the above plus redesigns and adds features in conjunction wit the main arena to improve the overall efficiency of the staff, the public image and makes the two arena complex work as one. We have addressed the higher level approach in the• following analysis: Program Requirements: 1. Ice Rink 85' x 200' sand floor with 24' radius corners, boards, boxes, and glass screen. Provide insulation and subsoil heat. 2. Spectator Seating 500 to 1,000 bleacher seats with access from upper level if possible. 3. Zamboni Room Minimum 250 sq. ft., prefer 400 with snow melting area, service area and access to exterior if practical. 4. Mechanical Room Approximately 600 to 800 s.f. room for indirect brine refrigeration system. Provide for heat recovery for snow melt, hot water, subsoil heat and building heating systems. 17,000 s.f. 7,000 s.f. 400 s.f. 800 s.f. -4- MEMORANDUM February 29, 1988 Page 2 5. Team Rooms 1,300 s.f. Four team rooms (approx. 250 s.f. ea) with toilet and shower facilities, (may be shared between two rooms). 6. Figure Skating Club Room 200 s.f. Resource room for coach, skaters, music, and storage. Should have view of ice surface. 7. Public Toilets 400 s.f. Could be part of upper commons area and provide for 1,000 plus people. 8. Meeting / Multi -use Room 800 to 1,000 s.f. Space for public meetings, team meeting, teaching, exercise, training etc. Should accommodate approximately 50 people. 9. Concessions 300 s.f. Area for serving both arenas with segregation of public. 10. Lobby 1,200 s.f. Central location to both arenas with control from office, entrance vestibule, and segregation of public during events. 11. Administration 400 s.f. Central location to both arenas and providing space for manager office, general office/pro shop, tickets, and control area. General requirements to upgrade functional use of complex include: a) Single entrance (control point). b) Access to both levels of both arenas from lobby. c) Seating access from upper level. d) Sight line from control area to both arenas. Mechanical and electrical requirements to upgrade pavilion to first class facility: 1) Refrigeration - replace all equipment and piping system with capacity for 11 month facility. 2) Ventilation - provide for proper ventilation for safety, comfort and code requirements. 3) HVAC - provide for heating of spectators and participants with air system. Dehumidify space with energy efficient system such as a closed loop. -5- i MEMORANDUM. February 29, 1988 Page 3 4) Heat Recovery - incorporate refrigeration heat rejection into systems for sub floor heat, snow melt, hot water and building heating. 5) Lighting - verify existing lighting levels and modify or augment to provide approximately 70 ft C at ice and 30 ft C elsewhere, controlled by multi -level switching. 6) Electric Service - service to pavilion is separate. Verify capacity and requirements. 7) Plumbing - as required for new toilets and showers. Verify water service size and location. 8) Fire Protection - provide for code required sprinkler system in conjunction with fire department connections and hydrants. Structural and building requirements to upgrade pavilion: 1. Foundation - verify existence of frost footings and modify or add for new spaces and commons connection. 2. Structural Frame - investigation indicates a sound structure with no apparent deterioration. Verify loads and member sizes for new additions. 3. Roof System - the "Behlen" system is in good shape, however the metal wall panels below the ceiling line should be replaced with a durable insulated wall (masonry). Damage on east end, frost build-up, and leakage at joints are concerns. Roof should be insulated. 4. Walls - replace removable panels with insulated masonry walls. Include foundation and additions as required. 5. Floors - repair and modify rink area to provide best configuration and seating accommodation. Provide for upper level access and connection between levels. Use concrete generally with finish for skates in appropriate areas. 6. Finishes - incorporate paint, tile, and other finishes to present a new image as well as co-ordinating two arenas. Use of daylight to brighten interior spaces is desirable. The foregoing will serve as a basis for a design concept and cost estimate on the renovation of the pavilion and overall Braemar Sports Complex. erUP-? 012.5 11 L i 1^/14i7-- 4jvi7z-? 61 e DESIGN CONCEPT 1 i The following schematic design concept, Drawings 3 thru 5, illustrate a minimum approach to providing a quality facility which meets the program and design objectives as stated earlier. The design includes shifting the ice sheet to provide for 800 to 900 bleacher seats which have access from the upper level. Team rooms with shower and toilet facilities are arranged along the south side in a new addition. The commons area provides for single entrance and control to both arenas and has office and pro shop with direct visual control of both ice sheets. The lower level provides a connection to both ice sheets, storage and unfinished space for a future multi -use meeting room. Along with the mechanical system up -grade and additions noted on pages 15 & 16 the building is up -graded to provide a durable energy efficient facility. All exterior walls will be replaced with a insulated masonry wall along with a insulated translucent panel to admit natural daylight. Materials will be finished to provide a fresh appearance that will be maintainable. Site work with increased parking and modifications to road system, storm drainage, site lighting, and landscaping will be done by city in future and have not been included in this study. kZ, ,-.1-u2L-e 011=2; -rvotaa, -wrvow - uot4 -TU 10.1 e".1-Ottt4-i Walt) — b4 117W44' 'WW1, -TVI r i i i i [' • _V 1 FUTURE GYMNASTICS VIOS3NNIW vt ICEI �)1211/d HYW3V118 X31a141OO a UOdS adw3nas: -- N z l-•, O ?`ram O (1, s aleCC W E St1�'MI{ �` 529hT1f UMaa alty h . . ! 9. r • • •i • �. 1 s h N gZ Z• • N 5 F ` VtatgIt 1•Ui • • W , . cc Z 0▪ . a cc 0 0 .J u. 0 W ▪ IS cc r _ • t . V.LOS3NNIW VNIO3 ! )11:1Vd UVW3VMS X31dWO3 S18OdS 1:Idw3V I8 i •,,�, �:-+-.- .,'... ._..�_.•:;ar..;y...:.'.r,..;.a..w:-.,::.:::.Y.a.:.e�t_:._.e.:..a�-......::.',::t,..,<,.,.,:w:a:+w.e:.;is..."w..:.:4a�e�.:w:..a..:.w:..:,:.<-.:'.v:. _ MECHANICAL DESIGN FEASIBILITY STUDY MECHANICAL/ELECTRICAL SYSTEMS BRAEMER SPORTS COMPLEX BRAEMER PARK EDINA, MINNESOTA I. MECHANICAL A. Site Work Requirements for sanitary sewer and cold water connection will be made to existing utilities and/or will be provided by the City of Edina at no charge to this construction budget. B. Plumbing Showers, toilets, floor drains, and gas hot water heater will be provided for as required to meet the program and code. C. Fire Protection Automatic sprinkler system will be provided in commons and con- course area. D. Heating and Ventilation Heating of spectator, commons and concourse area will be pro- vided plus a new exhaust ventilation system in arena, toilet and locker area to meet code requirements. Heating will be accomplished by using waste heat from refri- geration condenser system with natural gas as supplemental heat source. Dehumidifier will be provided to prevent fog from developing in arena. E. Refrigeration System A new 135 ton compressor condenser system, brine type, with indirect pumping for 11 month ice making will be provided. A heat recovery system will be incorporated with the new refri- geration system so that the waste heat from the compressors can be utilized for sub -soil heating, snow melt pit, domestic hot water and building heating. r 1 1 i MECHANICAL DESIGN II. ELECTRICAL A. Site Work Non applicable B. Service A new electric service will be provided for increased electri- cal load. C. Lighting New fluorescent lighting will be provided in the concourse and commons areas. One new row (10 new fixtures) will be provided in arena areas over the ice sheet. The new lights will match the existing. D. Power New power wiring switches, etc., will be provided for new equipment. E. Systems New scoreboard at east end. New sound system for music and public address. COST ESTIMATE The following cost estimate was prepared on the design concept and is based on a detailed quantity take -off and unit prices. The costs are broken down by specification division and system type. The costs are based on 1988 construction and taken from the 1988 "Means" construction cost data. Alternates for sprinkler system and bleachers is identified for exclusion if appropriate. The rink and refrigeration system is shown in Division 15 and could be bid as a separate contract to expedite use of facility by fall season. COST ESTIMATE BREAKDOWN Div. 1. General Conditions Includes construction supervision, temporary. facilities, insurance, bond, etc. (approx. 10%). Div. 2 Site Work Includes excavation, backfill, sub -base for ice, sand cushion, and demolition of building. (Demolition of present rink floor and piping not included - by city.) Div. 3. Concrete Includes footings, arena floor, rink curb, slab on grade_in commons lower level, precast concrete upper level and seating concourse, and columns. Div. 4. Masonry Includes concrete block foundation, exterior insulated masonry walls, and block partitions. Div. 5. Steel Includes reinforcing and structural steel, metal deck, stair and balcony railings and miscellaneous metals. Div. 6. Carpentry Includes allowance for miscellaneous carpentry, furring and blocking. Div. 7. Moisture Protection Includes perimeter insulation, roof insulation (new & existing) membrane roofing, flashing and gutters and caulking.. $ 122,950.00 40,300.00 79,200.00 157,000.00 42,500.00 10,000.00 45,400.00 COST ESTIMATE (cont.) Brought forward: $ 497,350.00 Div. 8. Doors and Windows Includes HM doors and frames, hardware, over- head doors, counter and access doors, gates and windows. Div. 9. Finishes Includes skate tile and base, carpet and tile, painting and ceiling finishes. Div. 10 Specialties_ Includes counters, trophy cases, miscellaneous accessories. (Upgrade HCP toilets.) Benches and lockers. Div. 11. Special Construction: Rink dasher board system Bleachers (alternate) Fire sprinkler (alternate) - $ 85,000 - 32,000 - 61,000 58,900.00 56,250.00 29,200.00 178,000.00 TOTAL GENERAL CONSTRUCTION $ 819,700.-070 Div. 15. Mechanical Construction: Upgrade existing pavilion and new ice system - $393,000 HVAC for Commons - 30,000 Plumbing - 24,000 Div. 16. Electrical: Service and arena lighting - $ 25,000 Commons - 39,000 Sound and scoreboard - 22,000 TOTAL BUILDING CONSTRUCTION Architect/Engineering Design Fee and Expenses Contingency (3%) $ 447,000.00 86,000.00 $1,352,700.00 $ 108,000.00 $ 39,300.00 TOTAL BUDGET COST ESTIMATE $1,500,000.00 -tblkfti 1.F)3 LI) l'12 IFM1V-k 9 11 12 13 14 15 16 i. 17 IS 21 77 23 24 11; e ei3 7- 7: 71 Vvitei • ........ • .l A..;:,'..) vr.piil iisi-i,--0.- ,_ Cs,2, _licloo.__ ,9wof-..z. _ [63- 5P____ 3tc) „, , ri-6 i !! ..__._ L__. , . [ er,,,, A . 1 , 111-: v .5te&v_-_ii_ tlaAraitt -r-111_, J____I.v.,47 VII] . /0;1, 0-. - - Tr: . i , _ 49 000 ''''. 0,10... 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Flat- S I!o��(,� So? N*,V,IP "D12- L 2 --.- 5-00- L .l2 ..Il2000 ' gilt ! Hi.' ? 1 it j1! h i i i; I I I11� _ :... '-- • - Y-lart-___Tiv, f 1 r : r_ . . . 0 I 00- I t' , I; i i i i0oFi ' 6=2I I$oo- !i' 1I o +t'' 1 l;Iot ' 1 lI, 8'It.Tl t . s, 0�101 IlZ° +�'13t ! 1 ,o 1, 1 . I I t lUq I 11d0o 2►v i goDD; i I i 1i ., .. , 3�`0� 22 I IZov— 1 1� Ir �, 1.• i 1�1' ,: . �e-��g ,Q l5b' I 'I#14 �' I !i.-I 1 , l 2 ss. / / • e ,:ti4lJ Lv✓�i 1 I ! 1 - ° 'A I DO I o00 . . i 1 1)1,. 0 '7 r �. 1 I -�V I! I I 1 i 1 I i : --I 1 I; thi al love ` 8 I i 01_(.,ri�-- � L I '1°!_ : 0.-. :.:. �Do. _: _. ..4 _ _ ...-- 4.&teA-f-, . 0,6-14)) ,,--4;, 1 , , i I L 1---. 1 ! 1 1l 1 2{/vO- I oo -:_ vat,- 02.1_4kAt: - 1 l_e; r . L-17i% . , , , GI ',, liliiii 1: j i --1-- ! , sv.,)'- " Is510-6 - . 1 1 1 ! i .ii, ei,,,,,!0!„ • - , i:14_:,,,,it_... ' . , : . f .---tf- -i i- -. i ' 11 G,2 I1,32L• GD i I. � 64p 1 - - . . - . 101* 10,13 aJf/ .✓-r -.-' 2 l v 4 t i Cam ..•- - - 1,2.._7 ,-i 7v1 ..— 1 7 e 9 10 11 12 13 14 15 16 17 1e — 19 20 21 22 24 25 21 ti t. 26 37 �1. f 1Jviii=c-Aqi March 8, 1988 Mr. Delano Erickson Delano Erickson Architects 7415 Wayzata Boulevard Minneapolis, Minnesota 55426 Re: Braemer Pavilion Arena Study Dear Del: Iundquist, wiimar, schultz and martin, inc. consulting engineers baker court suite 300 • 821 raymond ave. saint paul, mn 55114 • 612/642-9771 RECEIVED }' tr; 8 1588 I/61 a(4A bait„(4,, &1.3 The mechanical and electrical cost estimate to arena for eleven month use is as follows: 1. Refrigeration System - 11.month ice (Indirect System - ethylene glycol) 2-135ton compressors and condensers 2 brine pumps 1 condenser tower 1 water pump headers piping and controls 2. Sub -soil heating 3. Snow melt p.t. 4. Heat Recovery 5. Dehumidification 6. Electric (service and arena lighting) 7. Demolition 8. Ventilation Very truly yours, LUNDQIS'r, WILMAR, SCHULTZ AND MARTIN, INC. Leonard A. Lundquist LAL/djh renovate the existing $250,000 26,000 8, 000 ---- 30,000 30,000- 25,000 19,000 30,000 $418,000 len lundquist ron wilmar ken schultz merwyn Iamb gayland bender peter potvin Agenda Item VIII.B April 28, 1988 To: C. Wayne Courtney Edina City Council From: Roger Harrold k Member of Braemaj Golf Committee Re: Proposals for financing improvements at Braemer I attended the Park Board meeting on Tuesday, April 26, to hear discussion of Ken Rosland's proposal for improvements at Braemar Park and the financing proposals to cover costs of these projects. The Park Board voted to recommend approval of Ken's proposal to City Council. There is broad support for the improvements associated with this proposal. The repairs at the Ice Arena appear to be urgently needed. The improvements at the golf course are all timely. I believe the proposal will work financially. It would allay concerns of Braemar golfers if the two improvement projects, the golf course and ice arena, be packaged into two separate revenue bonds. There is genuine concern that Braemar Golf Course not become the financial guarantor for the next 20 years of all operations of Braemar Park. Let me describe how the funding could be separated into two bonding proposals and still accomplish the same ends. Project A: The Golf Dome and the Ice Arena In this project, the Golf Dome would be purchased by the city and the revenue from the dome would cover the debt retirement of the dome and the improvements at the ice arena. Ken Rosland has stated that, with the acquisition of the dome and its very favorable cash flow, the dome could cover the annual debt retirement of the improvements at the ice arena. He also made a convincing argument that allocating dome revenue to the ice arena improvements would be better because it would not be (in both perception and reality) an obligation of Braemar's golfers, but of the diverse metro -wide clientele which uses the dome. Project B: Braemar Golf Course I believe that it makes sense for Braemar Golf Course revenues to cover the debt obligations resulting from the proposed improvements at the golf course (additional nine holes, improvements to the parking lot, a building to replace the A -frame for the driving range and executive course, 20 new carts and cart shed, and energy upgrading of the clubhouse). ode are certain that the revenues at the golf course can cover operating costs and debt retirement of these proposed improvements. The golfers would be satisfied because they would see that their expenditures at the course are being reinvested in the course. In consideration of the proposals undergoing consideration by the Council, one other concern deserves attention. It is important that the gun range, the Braemar baseball facilities, soccer facilities, and other general Braemar Park areas continue to cover their expenses of operation through revenues generated in conjunction with those facilities (user fees, etc.) and general resources of the Park and Recreation Department. The golf course should not be expected to subsidize these operations. REPORT/RECOMMENDATION To: Mayor & City Council From: Leslie Turner Francis Hoffman I-494 Project Management Team Date: Subject: 29 April, 1988 I-494 Environmental Impact Statement Agreement and 494 Joint Powers Agreement Agenda Item # vIIi. c. Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Recommendation: Approve both agreements and authorize mayor and manager to sign agreements. Info/Background: The two agreements are products of the I-494 Corridor Study. (See attached). The City of Edina has been a leader in getting the Corridor Study initiated through Metropolitan Council. The above two agreements implement the first stages of the Corridor Study recommendations. (See attached Additional Commentary.) The first agreement basically indicates that we will participate in the I-494 EIS and provide four percent (4%) of the funding up to $36,000.00 over a period of three years. The first years funding is in the professional services budget of the Engineering Department. This agreement is the most important element to act on as soon as possible. The second agreement is the joint powers agreement which would involve the five cities and the private sector IMPROVE 494 group. City Council has reviewed earlier drafts of the agreement. Staff presented the revised version from the City of Edina. The majority of the other cities felt that we had cut too much from the document. However, they agreed to modify the agreement to reflect our concerns. The modifications include the following: A. Agreed to have the audit be conducted by a City involved and not hire an independent auditor for the joint powers group. B. Agreed to use the word "Advisory" in the establishment of the joint powers group. C. Agreed to require approval of all cities involved if a change was made to involve any other city in the joint powers group. D. Agreed that it would take four cities approval to expend any funds that were available if the expenditure exceeded $5,000.00. E. Agreed that the IMPROVE 494 private sector group should be an affiliate member. F. Agreed that removal of any members from the joint power group is an action that could be taken only by the City Council who appointed the representative. G. Agreed to remove the phrase which allowed the joint powers group to hire consultants. The majority of the group agreed that hiring consultants for major work should be brought back before City Councils for approval. H. Did not agree to remove the initiation (start-up) fee, which for Edina is suggested to be $2,000.00. Logic presented was that consid- erable time had been spent by both Bloomington and Minnetonka attorneys drafting the document and funds are necessary for mailings, postage and reproduction of materials. I. Also, did not agree to remove the $.10 per capita contribution annually by the cities as approved by each city. In summary, the joint powers agreement was revised to a point which we believe is satisfactory and would recommend approval of the document. Additionally, we believe all City Councils involved have the same concerns as expressed by the Edina City Council during development of the agreement. Hennepin County Agreement No. MINNESOTA DEPARTMENT OF TRANSPORTATION AGENCY AGREEMENT FOR HIG1WAY TRANSPORTATION STUDY Agreement between The State of Minnesota, Department of Transportation, the Metropolitan Council, the Regional Transit Board, the Metropolitan Airports Commission, Hennepin County, the City of Bloomington, the City of Eden Prairie, the City of Richfield, the City of Edina and the City of Minnetonka Re: ?reparation of the EIS for the I-494 Corridor Project MN/DOT AGREEMENT NO. 64723 AMOUNT ENCUMB. None Receivable INDEX PAGE Parties to the Agreement 2 Explanation and Justification 2 Section 1.0 - Scope of Work and Method of Study 3 Section 2.0 - Laws, Regulations and Guidelines 4 Section 3.0 - Furnishing of Data 6 Section 4.0 - Duration of Agreement 7 Section 5.0 - Compensation 7 Section 6.0 - Composition of the Board 9 Signatures 12 64723 THI. AGREEMENT made and entered into by and between the State of Minnesota, Department of Transportation, the Metropolitan Council, the Regional Transit Board, the Metropolitan Airports Commission, Hennepin County the City of Bloomington, the City of Eden Prairie, the City of Richfield, the City of Edina and the City of Minnetonka, hereinafter referred to as the "Agencies". WITNESSETH: WHEREAS the Metropolitan Council in cooperation with the Agencies in the project area did produce a Corridor Study for 1-494, .and WHEREAS it has been determined by the parties hereto that the project development process be continued by conducting the Environmental Impact Statement (EIS) for I-494 from the Minnesota River to the I-394 Interchange, and WHEREAS the general objective in preparing the EIS is to help resolve uncertainty about ultimate roadway design, allow advanced rights -of -way acquisition consistent with Federal requirements, and position projects in the corridor described above to be ready to use funds when they are available, and WHEREAS it has been determined that all of the said Agencies are a part of or have a specific interest in the stated area, and 64723 WHEREAS the said Agencies will all benefit from the results of the EIS and are all willing to share proportionately in the cost of the preparation and completion of the EIS, and WHEREAS it is the expressed interest of said Agencies to participate and c000erate in the preparation and completion of the said EIS, and WHEREAS all of the said Agencies are authorized by Minnesota Statute 471.59 to enter into agreements providing for the exercise of powers shared in common. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: SECTION 1.0 - SCOPE OF WORK 1.10 The Environmental Impact Statement and preliminary design shall be performed under the direction of the Minnesota Department of Transportation, in consultation and cooperation with the Project Advisory Board, who will act in an advisory role. 1.20 The Minnesota Department of Transportation will act as the contracting agent for engaging the sevices of an engineering consultant to conduct the EIS work. 1.30 The Consultant Selection Committee will review the list of interested firms, narrow the list of firms for further consideration based upon a technical proposal and interview at -3- 64723 least three consultant firms. The Selection Committee will recommend the selection of one of the firms to the Commissioner of the Minnesota Department of Transportation for his approval. 1.31 The Consultant Selection Committee, chaired by Mn/DOT will be made up of the following: Minnesota Department of Transportation ( 2 votes) Metropolitan Airports Commission (1 vote) Metropolitan Council (1 vote) Regional Transit Board (1 vote) Hennepin County (1 vote) City of Bloomington (1 vote) City of Eden Prairie (1 vote) City of Richfield (1 vote) City of Edina (1 vote) City of Minnetonka (1 vote) 1.32 The Improve 494 group will be invited to designate a representative for the selection committee. This person will be a non -voting member. SECTION 2.0 - LAWS, REGULATIONS AND GUIDELINES 2.10 In accomplishment of this work, recognition will be given to and compliance made with the requirements of the following laws, -4- 64723 regulations and guidelines related to location, public hearings, environment and public lands. These standards, regulations or guidelines shall be considered as minimum. Higher standards shall be used where it is feasible and economically sound to do so. 2.11 Minnesota Statutes 161.171-161.177 inclusive (Municipal Approval). 2.12 U.S. Department of Transportation, Federal Highway Administration Federal -Aid Program Manuals, including: Book III, Volume 6, Chapter 2, Section 1, Subsection 1 (Design Standards for Federal -Aid Projects) Book V, Volume 7, Chapter 6, Section 3 (Landscape and Roadside Development) Book V, Volume 7, Chapter 7, Section 2 (Environmental Impact and Related Statements) Book V, Volume 7, Chapter 7, Section 3 (Noise Standards and Procedures) Book V, Volume 7, Chapter 7, Section 5, (Public Hearings and Location/Design Approval) 64723 Book V, Volume 7, Chapter 7, Section 9 (Air 2uality guidelines) 2.13 National Environmental Policy Act. 2.14 Section 4(f) of Public Law 89-570. 2.15 Minnesota Statutes, Section 116D.01 et.seq. (Environmental Policy Act of 1973). 2.16 State of Minnesota, Department of Transportation, Highway Project Development Process. 2.17 Minnesota Statute 473.181 (Metropolitan Council Approval). SECTION 3.0 - FURNISHING OF DATA 3.10 The Agencies shall furnish to the consultant any information or data they may have which is pertinent to the studies without separate compensation therefor or any adjustment of any Agency's share of the cost. 3.20 The ownership of all data collected or developed for the EIS shall be vested with the Minnesota Department of Transportation, subject to the right of all Agency participants to secure access to and receive a copy of all such data. Each Agency shall be entitled to ten (10) copies of all Reports and Environmental Statements developed for the project and upon request, a copy of all other data collected or prepared in connection with the work. -6- 54723 Credit shall be given to each participating agency in each report. SECTION 4.0 - DURATION OF AGREEMENT 4.10 This agreement will remain in full force and effect until completion and approval of the EIS by the Agencies and the Federal Highway Administration. Individual completion dates for reports prepared during the process shall be determined by mutual agreement of the participating agencies. SECTION 5.0 - COMPENSATION 5.10 The Minnesota Department of Transportation shall enter into a contract with a consultant firm selected by the Consultant Selection Committee and approved by the Commissioner of the Department of Transportation for the EIS and preliminary design. 5.20 Notice of final execution of the consultant agreements shall be given to each agency within seven (7) days. 5.30 The consultant costs for the EIS and preliminary design work shall be shared by the Agencies in the proportions listed hereafter: 54723 5.31 Agency Percent .of Cost Up to Minnesota Department of Transportation 50% $450,000.00 Metropolitan Airports Commission 5% $ 45,000.00 Hennepin County 10% $ 90,000.00 City of Bloomington 21% $189,000.00 City of Eden Prairie 5% $ 45,000.00 City of Edina 4% $ 36,000.00 City of Richfield 3% $ 27,000.00 City of Minnetonka 2% $ 18,000.00 100% $900,000.00 5.311 In addition, the Regional Transit Board will contribute $10,000.00 toward the Consultant costs for the EIS and preliminary design work on this project. 5.32 If it appears that the consultant services required to complete the desired work will exceed the total costs identified in Section 5.31 it shall be the responsibility of the Minnesota Department of Transportation to request a supplemental agreement for the purpose of increasing the shares of the contributing agencies. 5.33 It is recognized that the cities in the project area intend to enter into a joint and cooperative agreement for the purposes of implementing the recommendations in the previously completed 1-494 Corridor Study. The cities involved will be known as the 1-494 Corridor Advisory Commission. The I-494 Corridor Advisory Commission Cities are Bloomington; Eden Prairie; Edina; Richfield; and Minnetonka. Recognition will be given the I-494 Corridor Advisory Commission in the EIS documents. -8- 64723 5.40 The Minnesota Department of Transportation will invoice the participating agencies as provided by the following schedule: 5.41 One-third of the Agencies proportion of the costs at the time of execution of the Consultant Agreement. 5.42 One-third of the Agencies proportion of the costs one year after the Consultant agreement has been executed. 5.43 One-third of the Agencies proportion of the costs two years after the Consultant agreement has been executed. 5.44 The agencies will make payment within 30 days of receipt of said invoices. 5.50 Before termination of this Agreement, the State shall provide an accounting of receipts and expenditures to each contributing agency and shall refund any remaining balance to each contributing agency in proportion to that agencies total contribution. SECTION 6.0 - COMPOSITION OF THE BOARD 6.10 The Project Advisory Board shall be composed of not more than two policy and/or staff personnel of each of these Agencies: 64723 Federal Highway .administration Minnesota Department of Transportation Metropolitan Council Metropolitan Airports Commission Regional Transit Board Hennepin County City of Bloomington City of Eden Prairie City of Edina City of Richfield City of Minnetonka IMPROVE 494 Group As well as any other organized group deemed necessary. Each agency/group'shall inform the Department of Transportation by letter who its representative(s) will be on the Project Advisory Board. The Project Advisory Board will be chaired by the Minnesota Department of Transportation. 6.15 The Agencies, acting through their Project Advisory Board representatives, shall at all reasonable times during the terms of this agreement be afforded the opportunity for review of the work being performed. The Agencies shall also be able to obtain copies of reports, studies and data compiled for the studies without additional cost. It is understood that the Project Advisory Board will act in an advisory role only. -10- 64723 6.20 The Project Advisory Board may create a technical committee to advise it on matters of a technical nature relating to the EIS. Said technical committee shall consist of members of the engineering, planning and related staff of the Agencies. 6.30 The Project Advisory Board shall meet as appropriate and act as a liaison for their agencies. The Project Advisory Board may form citizen task forces for the purposes of public involvement. 64723 IN WITNESS WHEREOF the parties hereto have duly executed this agreement by their proper officers and representatives. STATE OF MINNESOTA Department of Administration By Date As to form and execution by the Attorney General: Metropolitan Council By Date Title By Date Title By Metropolitan Airports Commission Date By Department of Finance Date By Title Date By Department of Transportation Date By Title Date Regional Transit Board Title By Date By Date -12- COUNTY OE HENNEPIN Attest: By Deputy County Auditor Date Date Upon proper execution, this Recommended for approval: agreement will be legally valid and binding and upon date of approval is in compliance with all laws relating to the subject matter hereto. Chairman County Board Assistant County Attorney Date Approved as to execution Assistant County Attorney Date Associate County Administrator and County Engineer Date 64723 CITY OF MINNETONKA By By Mayor CITY OF BLOOMINGTON By Mayor By CITY OF EDEN PRAIRIE By By Mayor CITY OF EDINA By Mayor By CITY OF RICHFIELD By Mayor By Date Date Date Dat= Date Date Date Date Date Date 54723 JOINT AND COOPERATIVE AGREEMENT DRAFT 4-ago - PRELIMINARY STATEMENT The Cities of Bloomington, Eden Prairie, Edina, Minnetonka and Richfield are Parties to this Agreement and are governmental units of the State of Minnesota. Minnesota Statute 471.59 permits two or more governmental units, by agreement of their governing bodies, to jointly and cooperatively exercise any power common to each of them. The Parties to this Agreement have chosen to execute a cooperative agreement providing for the joint exercise of powers to implement the recommendations in the I-494 Corridor Study adopted by the Parties in 1987. ARTICLE 1. GENERAL PURPOSE The primary purpose of this Agreement is for the member municipalities to jointly and cooperatively implement the recommendations of the I-494 Corridor Study, a copy of which is attached and marked Exhibit A. ARTICLE 2. NAME The Parties hereto agree to establish an organization to be known as the I-494 Corridor Advisory Commission to carry out the objectives of this Agreement. ARTICLE 3. DEFINITION OF TERMS For the purpose of this Agreement, the terms defined in this Article shall have the meanings given below. i 3.1) "Commission" means- the organization created pursuant to this Agreement. 3.2) "City Council" or "Council" means the governing body of a Party. 3.3) "Commissioners" means the persons appointed pursuant to this agreement to serve as commissioners. 3.4) "Party" means a municipality which has entered into this Agreement. 3.5) "Affiliate Member" means a person or organization selected by the Commission to have special status with the Commission, with only the Lights specified in this Agreement. 3.6) "Improve-494" means the non-profit, private sector committee formed to further the objectives of the I-494 Corridor Study. ARTICLE 4. ADDITIONAL PARTIES Any other municipality may become a Party upon unanimous approval of the Parties. ARTICLE 5. EFFECTIVE DATE A municipality shall enter into this Agreement by duly executing a copy of this Agreement and by filing such copy, together with a certified copy of the authorizing resolution, with the City Manager of the City of Minnetonka. This Agreement shall become effective upon approval by at least four municipalities. ARTICLE 6. POWERS AND DUTIES OF THE COMMISSION 6.1) The powers and duties of the Commission shall include the powers set forth in this article. 6.2) It may cooperate.. with the Minnesota Department of Transportation to partially pay for and participate in preparation of environmental impact analysis of I-494 improvements, including preliminary geometric design and evaluation of high -occupancy vehicle lanes on I-494. 6.3) It may cooperate with _ the Minnesota Department of Transportation to secure a roadway indirect source permit from the Minnesota Pollution Control Agency and access revision approval from the Metropolitan Council and Federal Highway Administration. 6.4) It may research and recommend funding strategies for I-494 construction. 6.5) It may research travel demand management strategies and ordinances, develop model ordinances, and recommend joint action on such strategies and ordinances by the Parties. 6.6) It may research and make recommendations to the Parties regarding other matters related to the Commission's purpose. 6.7) It may cooperate with Improve-494 and other affiliate members and appropriate groups to further the objectives of the 1-494 Corridor Study. It may consult with and assist Improve-494 and other affiliate members and appropriate groups to facilitate travel demand management strategies and programs. 3 6.8) It may cooperate with the Metropolitan Council, Regional Transit Board and Metropolitan Transit Commission to develop transit operation plans. 6.9) It may monitor land use development, traffic volumes and travel characteristics in the I-494 corridor. 6.10) It may, with consent of the city council of each Party, update the I-494 Corridor Study. 6.11) It may consult with persons knowledgeable in transportation, such as research organizations, educational institutions, other political subdivisions, municipal organizations, regulatory organizations, technical experts, and any other persons who can provide pertinent information concerning implementation of the recommendations of the I-494 Corridor Study. 6.12) It may enter into any contracts deemed necessary by the Commission to carry out it powers and duties, except that all contracts for an amount exceeding $5000 shall be approved by at least four Parties. 6.13) It may accept gifts, apply for and use grants, enter into agreements required in connection therewith and hold, use, and dispose of money or property received as a gift or grant in accordance with the terms thereof. 6.14) It shall cause an annual, independent audit of the books of the Commission to be made and shall make an annual financial accounting and report in writing to the Parties. The annual audit shall be conducted as part of the normal annual audit of one of the Parties and paid for by that Party. This obligation shall be undertaken by each Party in turn, on a rotating basis to be determined 4 by the Commission. The Commission's books and records shall be available for and open to the examination by the Parties at all reasonable times. ARTICLE 7. Commissioners 7.1) The Commission shall consist of ten commissioners. Each Party shall be entitled to two commissioners and one alternate for each of those commissioners. Each commissioner shall have one vote. The Council of each Party shall appoint its two commissioners and their alternates. Commissioners shall serve without compensation from the Commission. 7.2) Each commissioner and alternate shall serve until a successor is appointed and assumes his or her responsibilities. Commissioners and alternates shall serve at the pleasure of the Council appointing them. When a Council appoints a commissioner or alternate, it shall give notice of the appointment to the Commission's Secretary -Treasurer. 7.3) Each commissioner shall be responsible for notifying his or her alternate of meetings which the alternate should attend. In the absence of a commissioner, his or her alternate shall have all the rights and responsibilities of the commissioner, except that no alternate may be, or act as, an officer of the Commission. 7.4) There shall be no voting by proxy, but all votes must be cast by the commissioner or designated alternate at a Commission meeting. 7.5) A majority of the commissioners shall constitute a quorum. 5 7.6) A vacancy on the Commission shall be filled by the Council of the Party whose position on the Commission is vacant. 7.7) Improve-494 shall be an affiliate member of the Commission. The Commission may choose by majority vote to designate additional affiliate members. These members may participate in discussions of the Commission but may not vote. In addition, these members shall be sent notices of all meetings, but a failure to notify these members shall not invalidate any action. Affiliate members may be excluded from lawful closed meetings of the Commission. The Commission may further define the role of affiliate members and may establish different requirements for each affiliate member. ARTICLE 8. MEETINGS 8.1) The Commission shall meet at least quarterly on a schedule determined by the Commission. 8.2) Special meetings of the Commission may be called (a) by the Chair or (b) upon written request of a majority of the commissioners. Five days' written notice of special meetings shall be given to the commissioners. ARTICLE 9. OFFICERS 9.1) Number. Election. Oualifications - The officers of the Commission shall consist of a Chair, a Vice Chair and a Secretary/Treasurer. Each officer shall be elected annually by the Commission and shall hold office until his/her successor takes office, earlier disqualification, death, resignation, or removal. All officers must be commissioners. No more than one commissioner of a Party shall be elected an officer during the same term. 6 9.2) Chair; Vice Chair - The Chair shall preside at all meetings of the Commission and shall perform all duties incident to the office of Chair and such other duties as may be delegated by the Commission. The Vice Chair shall act as Chair in the absence of the Chair. 9.3) Secretary/Treasurer - The Secretary/Treasurer shall be responsible for keeping a record of all of the proceedings of the Commission. The Secretary/Treasurer shall send written notice of meetings and material pertaining to agenda items to each commissioner. He/She shall have custody of the Commission's funds, shall pay its bills, shall keep its financial records, and generally conduct the financial affairs of the Commission. The Secretary/Treasurer shall be responsible for such.other matters as shall be delegated to him/her by the Commission. All checks issued on behalf of the Commission shall be approved by the Commission and signed by the Secretary/Treasurer and one other commissioner from a Party other than that of the Secretary/Treasurer. The Commission shall obtain a fidelity bond or other insurance to cover all persons authorized to handle funds of the Commission. 9.4) Other Officers - The Commission may appoint such other officers as it deems necessary. All such officers shall be commissioners. ARTICLE 10. FINANCIAL MATTERS 10.1) Commission funds may be expended by the Commission in accordance with the procedures established under the Minnesota Municipal Contracting Law, Minn. Stat. 5471.345, as if any one party 7 were acting. The contract value amounts in that law for each party may not be aggregated. Legal instruments other than checks shall be executed after Commission approval, by any two officers. 10.2) The Parties shall pay a proportion of the cost of preparing an I-494 environmental impact statement and preliminary design according to the following schedule, regardless of whether or not they have withdrawn from this agreement: City of Bloomington 11% City of Eden Prairie 5% City of Edina 4% City of Minnetonka 2% City of Richfield 3% In no case, however, shall a Party be required to pay any of the cost which° exceeds $900,000. In addition to the amount shown above, the City of Bloomington shall collect and contribute any money donated by private parties, such as Improve-494, towards the cost of the impact statement. This formula provides for Parties to contribute 25% of the consultant fees for the environmental impact statement allocated in proportion to the number of trips generated in the study area according to year 2010 forecasts. The remaining costs are to be paid by the Minnesota Department of Transportation, Hennepin County, Metropolitan Airports Commission, Metropolitan Council, developers, landowners, and/or other people. 10.3 The financial Contributions of the Parties in support of other Commission functions shall be per capita. Each of the Parties shall pay to the Commission an amount as annually approved by the 8 Parties not to exceed $.10 per capita based on the most recent Metropolitan Council population estimates. This amount may be used by the Commission to pay its expenses. 10.4) A proposed budget and recommended financial contributions of the Parties shall be formulated by the Commission and submitted to the Parties on or before August 1 of each calendar year. By September 1 of each calendar year, the Council of each Party shall approve, modify, or reject the proposed Commission budget and the Party's financial contribution and give notice of its action to the Commission. The budget shall be deemed approved by a Party in the absence of action by September 1. Final action adopting a budget for the ensuing calendar year shall be taken by the Commission on or before September 15 of each year. 10.5) The Parties shall make their financial contributions to the Commission on a monthly basis. At no time shall the funds in the Commission's treasury, exclusive of encumbered funds and funds from sources other than the Parties, exceed $25,000. If the Funds exceed that amount, the Secretary/Treasurer shall notify the Parties to discontinue their contributions until notified that the funds have fallen below that amount. 10.6) Any Party may inspect and copy the Commission books and records at any and all reasonable times. All books and records shall be kept in accordance with normal and accepted accounting procedures and principles used by Minnesota statutory cities. 10.7) Each Party shall pay a one, -time initiation fee to the Commission within 60 days after this Agreement becomes effective. These fees shallbe used to pay the Commission's initial expenses. 9 The fee for each Party shall be as follows: City of Bloomington City of Eden Prairie City of Edina City of Minnetonka City of Richfield $5,500 2,500 2,000 1,000 1,500 ARTICLE I I . WITHDRAWAL 11.1) Withdrawal - Any Party may withdraw from this Agreement effective on January 1 of any year by giving written notice to the Commission Chair prior to October 1 of the preceding year. The notice shall be accompanied by a certified copy of a resolution of its Council stating its decision to withdraw from the 'Commission. The withdrawal shall be effective upon actual receipt of the notice and resolution by the Chair, who shall send a copy of the notice and resolution to each commissioner. 11.2) Financial Effect of Withdrawal - No financial benefit shall inure to a Party that withdraws from this Commission nor shall there be any reimbursement for any contribution made or required of the withdrawn Party by this Agreement. ARTICLE 12. AMENDMENTS 12.1) Amendments - This Agreement may be amended only by written amendment entered into by all of the Parties to this Agreement in the same manner as this Agreement is entered into pursuant to Article 5 hereof. 10 ARTICLE 13. DISSOLUTION 13.1) Duration of Commission - The Commission shall be dissolved if less than four Parties remain, or by operation of state or federal law or regulation, now or hereinafter enacted, or by mutual signed agreement of all of the Parties. 13.2) Distribution of Assets - Upon dissolution of the Commission, all remaining assets of the Commission, after payment of all obligations, shall be distributed among the Parties that are Parties to the Agreement at the time of dissolution, in proportion to their contributions for the year in which the dissolution occurs and in accordance with procedures established by the Commission. The Commission shall continue to exist after dissolution for such period, no longer than six months, as is necessary to wind up its affairs, but for no other purpose. IN WITNESS WHEREOF, each undersigned municipality has caused this Agreement to be signed on its behalf on the date indicated below. Dated: CITY OF BLOOMINGTON Dated: By Its Mayor By Its Manager CITY OF EDEN PRAIRIE By: Its Mayor By: Its Manager 11 Dated: CITY OF EDINA Dated: Dated: By: Its Mayor By: Its Manager CITY OF MINNETONKA By: Its Mayor By: Its Manager CITY OF RI CHFI ELD By Its Mayor By Its Manager RESOLUTION APPROVING I-494 ENVIRONMENTAL IMPACT STATEMENT AGREEMENT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby approves the I-494 Environmental Impact Statement Agreement between the State of Minnesota, Department of Transportation, the Metropolitan Council, the Regional Transit Board, the Metropolitan Airports Commission, Hennepin County, and the cities of Bloomington, Eden Prairie, Richfield, Edina and Minnetonka; BE IT FURTHER RESOLVED that the Council hereby authorizes and directs the Mayor and Manager to execute the agreement on behalf of the City of Edina. RESOLUTION APPROVING JOINT AND COOPERATIVE AGREEMENT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby approves the Joint and Cooperative Agreement between the cities of Bloomington, Eden Prairie, Edina, Minnetonka and Richfield to jointly and cooperatively implement the recommendations of the I-494 Corridor Study; BE IT FURTHER RESOLVED that the Council hereby authorizes and directs the Mayor and Manager to execute the agreement on behalf of the City of Edina. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersidnged duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolutions are true and correct copies of the Resolutions duly adopted by the Edina City Council at its Regular Meeting of May 2, 1988 and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 1st day of September, 1988. City Clerk REPORT/RECOMMENDATION To: Mayor & City Council Members From: Ken Rosland Date: May 2, 1988 Subject: Expansion of First Call for Help Agenda Item # VIII.D Consent Information Only Mgr . Recommends Action x To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Info/Background: Please see attached letter To: Carl Jullie, City Manager, Eder, Prairie Ken Rosland, City Manager, Edina Jahn Pidgeon, City Manager, Bloomington Jirn Prosser, City Manager, Richfield From: Larry Oppold For the past several years South Hennepin Human Services Council has identified the need to improve information, and referral services in the south suburbs as a high priority issue. The board of directors of South Hennepin has endorsed the idea of a satellite office of First Call For Help being developed in the South Hennepin area as a way to improve I & R services. The staff of South Hennepin, has been in dialogue with United Way' s First Call For Help and Hennepin County' s Cornri :r ity Services department in order to implement this idea. About a year ago a proposal was submitted to these agencies for consideration,. A copy of this proposal is attached. To date there has been no substantive action or, this proposal. United Way of Minneapolis, in its own strategic play,, suggests that it needs to create more of a presence in the suburbs. South Hennepin Human Services Council believes that the development of a satellite First Call For Help office somewhere in South Hennepin, would accomplish United Ways goal of decentralization. At the same time, it would creatly improve information and referral services for the people in our communities. Tt would rive citizens in South Hennepin, an easily accessible, hi;hiy visible number to call with local data as well as metro -wide data on all help and human services. The planning committee of South Hennepin has suggested that a letter fror,i each of the four cities of South Hennepin, endorsing this satellite First Call For Help concept would add momentum to the proposal. It is our hope that this proposal could be discussed by the proper Human, Rights or Human Services Cornrnissior, of each city, and voted upon by each City Council. Letters of endorsement of the development of a satellite office of First Call For Help in the South Hennepin, area should be sent to Louis Hohlfeld, Community Resources Division of United Way, with copies sent to Jim Colville, Executive Director of the Minneapolis United Way. Please call me if you have any questions. REPORT/RECOMMENDATION To: Mayor & City Council From: Francis Hoffman, Director of Public Works Date: 4/29/88 Subject: Update and Approval of Issues for review on Noise Impact Issue Agenda Item # VTTT. E. Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Recommendation: Authorize agenda developed for continuing review on noise impact study for City of Edina. Info/Background: City Council approved a motion to develop additional information on the issue of noise impacts caused by highways that traverse the City of Edina. The attached agenda is the proposed work plan developed to address issues to be reviewed on June 20, 1988. Also, attached is a letter from Dave Kelso of the MPCA which answers some questions raised during the public hearings. The additional consultant fees for the work would be up to $6,000.00. NOISE IMPACT AGENDA Implementation A. Research of Property Values - Assessing/ Consultant B. MNDOT Highway Repair/Fence Heights Engineering Heavy Truck Impact Consultant C. Long Term Reduction of Noise Impacts - Planning Develop Comprehensive Plan Amendment Engineering Consultant D. Pursuing Legislative Program - Engineering Seek Legislation Which Allows State Consultant to Participate in Cooperative Projects E. Develop Neighborhood Funding Level - and Opinion on Barriers if No Financial Participation and Prepare Slides to Demonstrate Aesthetics from Highway Side and Property Side F. Use of Asphalt on Highway as Noise Mitigation Procedure and Substitute Noise Technology for Masking Traffic Noise G. Seek Hennepin County Input - on Overall Issue Similar to Solid Waste Initiatives Next Council Review - 6/20/88 Consultant Engineering Consultant Engineering Administration Minnesota Pollution Control Agency 520 Lafayette Road, St. Paul, Minnesota 55155 April 21, 1988 Mr. Fran Hoffman Director, Public Works City of Edina 4801 W. 50th St. Edina, MN 55424 Dear Fran: I am responding to your letter regarding noise issues and noise walls along Highway 100. I apologize for not getting a response to you sooner, but your letter has been looked at by many people. I will try to answer your questions as they appeared in your letter. Question 1. Was a law passed which removed the mandate requiring Mn/DOT to spend a specific percentage of funding on highway noise abatement? If so, when was it passed. Answer: To the best of my knowledge there was a law that required Mn/DOT to put aside something like 1%, of highway funding for noise abatement. That law is no longer on the books and was removed sometime in 1977 or 1978. The most relevant law on the books on this issue is MS 161.125 which states "The commissioner of transportation shall, in accordance with the department's program, implement sound abatement measures within or along the perimeter of any interstate or trunk highway within incorporated areas located within the metropolitan area or any municipality whenever the noise level attributable to vehicular traffic at the abutting residential property line is in excess of the feferal noise standards. The commissioner shall utilize federal matching funds available for constructing and maintaining sound abatement measures. No standard adopted by any state agency for limiting levels of noise in terms of sound pressure in the outdoor atmosphere shall apply to any interstate highway, or to any trunk highway segment constructed or reconstructed with federal interstate substitution funds, provided that all reasonable mitigating measures are used to abate noise." Question 2. What is the legal responsibility of Mn/DOT to bring this segment of highway into compliance with noise standards? Has Mn/DOT been exempted from meeting the standaras? Answer: I cannot speak to Mn/DOT's legal responsibility. Mn/DOT has not been exempted from State Noise Standares except as described in Question 1 above. Question 3. When was the legislation passed which set the current noise standards? What noise standards were effective during the design and construction of this segment of T.H. 100? What were the dates for completion of design and construction of T.H. 100? Answer: State noise standards, MR 7010, were first adopted in 1974 and revised in 1976. T.H. 100 was designed in 1970 and constructed in 1974. During the design stages of T.H. 100 there were no State of Minnesota Noise Standards on the books. Since the noise standards were adopted in 1974, it is unlikely that they would have been enforced since T.H. 100 would already have been under construction. Question 4. What is the legal responsibility of MPCA to ensure that the state noise standards are enforced? Answer: Since the Minnesota Pollution Control Agency has adopted State Noise Standards, we also have the legal authority to enforce them. However, the enforcement of the standards is a discretionary action that the Agency can take. In addition to this discretionary authority, local governments also have discretion to enforce our rules, MS 115.071. Question 5. Is the City of Edina mandated to enforce MPCA noise standards should Mn/DOT and/or MPCA not do so? Answer: To the best of my knowledge the City of Edina is not mandated to enforce our rules. State Statute 115.071 subdivision 1 states " The provisions of chapters 115 and 116 and all rules, standards, orders, stipulation agreements, schedules of compliance, and permits adopted or issued by the agency thereunder or under any other law now in force or hereafter enacted for the prevention, control, or abatement of pollution may be enforced by any one or any combination of the following: criminal prosecution; action to recover civil penalties; injunction; action to compel performance; or other appropriate action, in accordance with the provision of said chapters and this section." and subdivision 2c states "It shall be the duty of all county attorneys, sheriffs and other peace officers, and other officers having authority in the enforcement of the general criminal laws to take all action to the extent of their authority, respectively, that may be necessary or proper for the enforcement of said provisions, rules, standards, orders, stipulation agreemtns, variances, sxhedule of compliance, or permits." I hope I have answered your questions. If I can be of additional service, please feel free to contact me. David A. Kelso Program Development/Noise (612) 296-7372 REPORT/RECOMMENDATION To: Mayor & City Council From: Francis Hoffman)Y/ City Engineer Date: 4/29/88 Subject: Set Hearing Date - Sidewalk Hearing: W. 62nd Street from France Avenue to Oaklawn Avenue Agenda Item # VIIT. F. Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Set hearing date for a public hearing on sidewalk request from neighbors. Hearing date of May 16, 1988. Info/Background: Residents adjacent to or near West 62nd Street from France Avenue to Oaklawn Avenue have petitioned for a sidewalk or walking path along the street. The Engineering Department has reviewed the area and believe it is feasible to construct said walkway. The estimated cost is approximately $23,000.00 with a proposal to assess the neighborhood for the construction. REPORT/RECOMMENDATION To: Mayor and Council Members From: Leslie Turner Date: April 29, 1988 Subject: Council Follow-up Session with Facilitator Agenda Item # VIII•G Consent Information Only Mgr . Recommends Action To HRA To Council Motion Resolution Ordinance Discussion Recommendation: Info/Background: In contacting the Council Members, we have been unable to come to agreement on selecting any of the dates proposed by Barbara Arney for the Council Follow-up Session. Therefore, we need to discuss alternative dates Monday night. Please bring your calendars so that this can be accomplished. I will be contacting Ms. Arney for alternatives. REPORT/RECOMMENDATION To: From: Date: Subject: Kenneth Rosland Craig Larsen May 2, 1988 Rezoning of 7100 France Agenda Item # Ix. Consent Information Only Mgr . Recommends Action A. To HRA To Council Motion Resolution Ordinance Discussion Recommendation: No Action Info/Background: The Council has received several communications concerning the rezoning request of Room and Board for 7100 France. You will recall the Council referred this request back to the Planning Commission at its April 18, 1988 meeting. As it stands now, this item will be heard by the Planning Commission on June 1, 1988, and by the Council on June 6, 1988. We will mail notices for both meetings. PETITION Cc: April 22, 1988 City of Edina 4801 West 50th Street Edina, MN 55424 Attention: Planning Commission Mayor Courtney Councilmembers - Richards, Turner, Kelly & Smith Ladies and Gentlemen: Agenda Item IX. We the undersigned protest any change whatsoever that would deviate from the present use at 7100 France Ave. South, Edina; specifically, the requests being made by Room & Board (Gabberts) -- for: 1) Rezoning from POD-1 Planned Office District to PCD-2 Planned Commercial District, or 2) Permit furniture stores, or any retail operation, in the office building district subject to conditional use permit or subject to certain locational restrictions. Our justifications for this protest are: 1) The 1980 Land Use Plan was approved by the Edina Community Development & Planning Commission on 12-30-80 and was adopted by the,EdinaCity Council on 12-21-81. The policies intended to guide the development of the Southeast Edina area are: "a) Restrict the extension of retail commercial uses in the area. b) Prohibit any rezoning to commercial districts of lands not now zoned commercial."...We ask this be adhered to. 2) We do not desire any more traffic burdens inflicted on our 30 ft. wide streets (Hazelton, Lynmar, Sandell & Mavelle). We presently have problems enough with no sidewalks for pedestrians; inadequate space for snow storage; restricted street parking; no through traffic allowed on Lynmar because of the barrier; difficulty egressing onto 70th Street; nor do we desire any increase in the truck traffic we now experience in our residential area. 3) The office use at 7100 France is a good buffer to our residential district. The 8-hour-day activity, Monday through Friday is favorable. A 7-days-a- week retail operation, which would include 5 - 12 hour days, plus Saturday and Sunday traffic, definitely would not complement or protect our residential tranquility. 4) In place of allowing any change of use in this 7100 France area, we sincerely recommend a concentrated study and action directed at our storm sewer problem in the area. Respectfully submitted, Name j `'1 v L '1,3 1 ✓ ' %U 1 t Z,--/ CZ. Address • (,2-te-/zz,t_.„) / (C ntinued to page 2) Page 2 7100 France Petition Name se:4,1e 4,e, /2 717 Zet Address 1:1740e Kree.1 -174-9et igtx,/6") -44'56 t6.44e 44e,0.•$ a ir)/ 4Cel Rct a/21- tiO-4N4-) oo )1174- 440e° Mene t-tite.' ft /l % ? ei 14.90 ,2:27;-7; Lloe),) ;?..] ,7( o ( Azy 17t( jjkl;AA-- fiC f(LJ;k;) ytt " L \ „i _4 le 1 j ,L411i .i i . I 1 ,(7 \L 7E./=-'7 ) /---4-1/,, !AI /-) k_ ttti . l'-7.i A: 4---, i)la§ 1.1' 7.-yi x iv 644 cc •••4c),--if. • . _.C. , ..... ,. „ / : (L.: • • , 1 ..., 7/7 i• :>,_.'-iz...1— , •• /c-7-2.," Z.._,...--7 „.....--, —7 1 2 '7' /1C'Y\-,._,-1 ,..;g: 7/e72--- • ;" 7 / 7 V :31)/ 57c z g/f f 7 C./ l? C--'" t (Continued to naae 3) Page 3 7100 France Petition Name ›Lv7-12 Lit hari Address icg 7/d /07).----125-t-c.1:-63-1 7)-2_6 6R)5ro, PETITION. Y<zc'J- y(z4/vr April 22, 1988 City of Edina - 4801 West 50th Street Edina, MN 55424 Attention: Planning Commission Mayor Courtney Councilmembers - Richards, Turner, Kelly & Smith Ladies and Gentlemen: We the undersigned protest any change whatsoever that would deviate from -the present use at 7100 France Ave. South, Edina; specifically, the requests being made by Room & Board (Gabberts) -- for: 1) Rezoning from POD-1 Planned Office District to PCD-2 Planned Commercial District, or 2) Permit furniture stores, or any retail operation, in the office building district subject to conditional use permit or subject to certain locational restrictions. Our justifications for this protest are: 1) The 1980 Land Use Plan was approved by the Edina Community Development & Planning Commission on 12-30-80 and was adopted by the Edina City Council on 12-21-81. The policies intended to guide the development of the Southeast Edina area are: "a) Restrict the extension of retail commercial uses in the area. b) Prohibit any rezoning to commercial districts of lands not now zoned commercial."...We ask this be adhered to. 2) We do not desire any more traffic burdens inflicted on our 30 ft. wide streets (Hazelton, Lynmar, Sandell & Mavelle). We presently have problems enough with no sidewalks for pedestrians; inadequate space for snow storage; restricted street parking; no through traffic allowed on Lynmar because of the barrier; difficulty egressing onto 70th Street; nor do we desire any increase in the truck traffic we now experience in our residential area. 3) The office use at 7100 France is a good buffer to our residential district. The 8-hour-day activity, Monday through Friday is favorable. A 7-days-a- week retail operation, which would include 5 - 12 hour days, plus Saturday and Sunday traffic, definitely would not complement or protect our residential tranquility. 4) In place of allowing any change of use in this 7100 France area, we sincerely recommend a concentrated study and action directed at our storm sewer problem in the area. Respectfully submitted, Name Address Z, a-L - 1 U 0 9 00-5 (Continued to page 2) Page ,.7100 France Petition Name C %a I U ii,:Q - fh /e / . e .mil .� 1 n n l aetz- n�i. �1 0� �L4114, __ 74 A Address 7vor 7,6 Ct-C yC� °76)0 g he L A-v` 72ri<' lr 4t-je i rc r, 11'..' :7r ;'4 / 1 �rtiQ Pc40- 7100 France Petition Name Address 2 The„ jf/ /VC Q 7l P y44 rt-- 44/1/r foe/ tyz�� /� " e ( L ook r aitt IV> d / 11)itt.y&e__ Le S.Y) ( p 7( o0 7*2 `a-,ti t _P f a v-R, (Lcs It 7C'f 7 2-` a4(2_ j41 VOLSAnitPt4 05r) ��-e—c 72 tiff c, j k gal Ptih,-(I , ;,r) I' tx9/rM IX.A April 28, 1988 City Council City ot Edina 4801 West 5Uth Street Edina, LIN Dear City Council: On April 25th, a woman came to our door with a petition opposing the Roorn & Board proposal for the Calhoun Realty Building. Among other things, she said that if the project is approved, the Lost and chain will be removed at the intersection ot Lynmar, Sandell and riavelle. I know that is not the case and I felt you should know that the facts had been misrepresented. Yours truly, David W. and Toni Knutson 7001 Lynrnar Lane Edina, MN 55435 A II N N O (- ( _ W A a u a r u N u a o 2 o t a u A O o V I a Y CEI 1 * * * N N N N N N 14 W W W W W co O O O O O O o O o 0 0 A A A A A A 000000 A A A A A A N • N N N N N P o+No'UI in co • CO 03 CO O Co O 0030000 aaa 3 3 3 mmm z5353 H H H CI 0 0 aaa zzz r r'r aaa 3 3 mmm 53 53 53 H H C) 0 A D D zzz rrr zzz z z Z mmmmmm zzzzzz rrrrrr aaaaaa cccccc Z Z Z Z Z Z 000000 7DA-(X153-( 1 1 1 1U w O 0 N PO 1UNN wwwww O 0 0 0 O 0 0 0 0 0 N ror0NN 0 0 0 A 'A A N N C* Cr, (a CO O O 03 0 03 o U1 ro O 1-0 o - M0-.WONU1 N0'0+C. -4C.-4 * ro r n) w W W o 0 0 W W W oro ro ro ro O lid 0 — 0 3Wr1 U7 O 0 aaa rrr -4 -1 1 mmm u A3 53 z Z z D D D -i 1 i 0 0 0 zaoz 53 A XI mmm www ccc M H H rrr a00 000 1 I aaa to UIN A A A o O 0 1 1 1 in U1 Ul (n 0 0. 000 to U1 UI 0CP. 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