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HomeMy WebLinkAbout2002-09-17 Council Regular Meeting MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 17,2002 7:00 P.M. ROLLCALL Answering rollcall were Members Housh, Hovland, Kelly, Masica and Mayor Maetzold. CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Council Consent Agenda as presented with the exception of Agenda Item V.A. Traffic Safety Staff Report of September 3, 2002. Rollcall: Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. RESOLUTION NO. 2002-75 PROCLAIMING SEPTEMBER 17-23, 2002, AS CONSTITUTION WEEK Mayor Maetzold proclaimed September 17-23, 2002, as Constitution Week in the City of Edina and urged citizens to study the Constitution and reflect on the privilege of being an American. Motion made by Member Housh introducing the following resolution: RESOLUTION NO. 2002-75 PROCLAMATION CONSTITUTION WEEK WHEREAS, it is the privilege and duty of all Americans to commemorate the two hundred twelfth anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities; and WHEREAS, Public Law 915 guarantees the issuance of a proclamation by the President of the United States of America, designating September 17 through 23 as Constitution Week. THEREFORE, I, Dennis F. Maetzold, by virtue of the authority vested in me as Mayor of the City of Edina do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK and urge all citizens to study the Constitution and reflect on the privilege of being an American with all the rights and responsibilities which that privilege involves. IN WITNESS WHEREOF, I have hereunto set by hand and caused the Seal of the City of Edina to be affixed this 17th day of September in the year of our Lord two thousand two. Member Hovland seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. RESOLUTION NO. 2002-76 PROCLAIMING OCTOBER 5 - 11 2002 AS BUCKTHORN ABATEMENT WEEK Mayor Maetzold proclaimed the week of October 5 - 11, 2002, as Page 1 Minutes/Edina City Council/September 17,2002 Buckthorn Abatement Week in Edina and encouraged all citizens to remove buckthorn from the City through a focused effort. Member Masica introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-76 PROCLAMATION BUCKTHORN ABATEMENT WEEK WHEREAS, Buckthorn (Rhamnus) has been declared a noxious weed by the State of Minnesota, and it's sale has been prohibited in Minnesota. This once popular hedge material,which grows 20-25 feet tall if left untrimmed, spreads to woodlands via birds and waters. Buckthorn eliminates wildflowers and other native vegetation by crowding them out. Buckthorn infestation reduces songbirds by approximately thirty percent. Walking through a buckthorn thicket is impossible because of its density and many thorns. Buckthorns bark, leaves and berries are toxic;and WHEREAS, Edina has become home to a significant amount of buckthorn which can be found on private property as hedges and as wild growth in naturally wooded landscapes as well as on public property; and WHEREAS, the City of Edina has been working for several years to reduce buckthorn levels on public property and has enlisted volunteers and City employees to work at Braemar Golf Course, VanValkenberg Park, Bredesen Park and the Carson Trust property. The Edina League of Women Voters and Edina Garden Club have distributed over 3000 buckthorn removal informational fliers to area residents; and WHEREAS, the areas of greatest buckthorn infestation have been identified by the Edina City Forester. The designated target areas are bounded by I494, Highway 169 and Gleason Road and I-494, Gleason Road,Highway 62 and the Soo Line Railroad; and WHEREAS, autumn is an easy time to identify buckthorn, which remains green while other trees take on colorful fall foliage or drop their leaves. The most effective way to rid Edina of buckthorn is to have a community wide removal effort involving public and private lands. THEREFORE, I, Dennis F. Maetzold, by virtue of the authority vested in me as Mayor of the City of Edina do hereby proclaim the week of October 5 through 11,2002 as BUCKTHORN ABATEMENT WEEK and urge all citizens to take part in removing buckthorn from the City of Edina through a focused effort to remove the weed by both the City and all Edina residents. Residents in the targeted area may also benefit by using designated trees services that will be offering reduced group rates for hauling removed buckthorn. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City Edina to be affixed this 17th day of September in the year of our Lord two t3' Y P Y thousand two. Member Housh seconded the motion. Ayes: Housh,Hovland, Kelly, Masica, Maetzold Motion carried. 2002 COMMERCIAL PROPERTY PRIDE AWARD FOR LANDSCAPE EXCELLENCE ANNOUNCED Manager Hughes reminded the Council that in the summer issue of About Business, applications for a Commercial Property Pride Award for Landscape Excellence were being taken. Following the nomination deadline, Centennial Lakes Horticulturist, Ted Page 2 Minutes/Edina City Council/September 17,2002 Stephenson, headed a volunteer committee to judge the properties. Judging criteria included overall aesthetics; year-round beauty; maintenance of turf; disease and insect control; mix of trees, shrubs, annuals and perennials; and overall attention to detail. Room and Board, 7010 France Avenue South, was the unanimous winner, balancing their area of shrubbery, plants and colorful perennials. Second place winner was Noonan Construction, 5400 France Avenue South, and third place was Heritage of Edina, 3434 Heritage Drive. RESOLUTION NO. 2002-77 PROCLAIMING "ARTS IN EDINA" WEEK FOR SEPTEMBER 26 THROUGH OCTOBER 3, 2002 Mayor Maetzold proclaimed the week of September 26 through October 3, 2002, as "Arts in Edina" week in Edina, and urged all residents to attend the Edina Art Center's 25t" Anniversary celebration and support and recognize arts. Member Masica introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-77 A PROCLAMATION. WHEREAS,the Edina Art Center has been "Edina's Home for the Arts for 25 years;" and WHEREAS, student enrollment has increased from 500 people in 1977 to more than 7,000 in 2002, showing the impact the Art Center has had in continuously bringing fine arts and education and recreation to the community; and WHEREAS, today 165 arts and crafts classes and workshops for all ages and abilities are offered at the Art Center,ranging from watercolor to computer graphics; and WHEREAS, the Art Center has given our community the beauty of scores of amateur and professional art gallery exhibits; and WHEREAS, Jim Van Valkenburg has served on the Art Center Board for 25 continuous years, showing the importance and dedication of volunteers at the facility; and WHEREAS, the Art Center will celebrate its silver anniversary with an open house from noon to 5 p.m. Sunday, Sept. 29, featuring demonstrations by artists, hands-on activities, music, entertainment and food; NOW, THEREFORE, I, Dennis F. Maetzold, Mayor of the City of Edina, do hereby proclaim the week of September 26 through October 3, 2002, as ARTS IN EDINA WEEK in the City of Edina, and I encourage all area residents to attend the Edina Art Center's 25th anniversary celebration and support and recognize arts in the entire metropolitan area. Member Hovland seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. 'MINUTES OF THE REGULAR MEETING OF SEPTEMBER 3, 2002, APPROVED Motion made by Member Hovland and seconded by Member Housh approving the Minutes of the Regular Meeting of the Edina City Council for September 3, 2002. Motion carried on rollcall vote - five ayes. RESOLUTION NO. 2002-78 ADOPTING THE FINDINGS FOR CRESTWOOD DEVELOPMENT - THREE LOT SUBDIVISION (6725 IROQUOIS CIRCLE) Affidavits of Notice were presented, approved and ordered placed on file. Page 3 Minutes/Edina City Council/September 17,2002 Staff Presentation Planner Larsen stated the subject property was located at 6725 Iroquois Circle, and measured approximately 400 feet by 550 feet and contained a total area of 4.08 acres. The property has frontage on Iroquois Circle of 60 feet. The existing house was being remodeled and will remain on the site. He noted the entire site was encumbered by steep slopes and heavily wooded. Crestwood Development has requested a three-lot subdivision. A new public cul-de-sac extending into the site from Iroquois Circle would serve the lots. The street would be necessary to meet City requirements that all lots have at least a 30-foot frontage on an improved public street. Mr. Larsen said the Planning Commission reviewed the proposal and recommended denial at their July 31, 2002, meeting. On August 20, 2002, the City Council conducted a public hearing and directed staff to prepare findings consistent with the record of the public hearing and the Planning Commission recommendation for denial of the proposed subdivision. Subsequently the findings were presented, reviewed and modified at the September 3, 2002, Regular Council Meeting. Mr. Larsen noted receipt of a fax letter from Mr. Thomas L. Owens at approximately 3:10 p.m. September 17, 2002, requesting consideration be continued until October 1, 2002. Mr. Larsen stated Mr. Owens was present and would like to address the Council. Mayor Maetzold turned the discussion over to Mayor Pro Tem Kelly since he had been absent during the last meeting and Mayor Pro Tem Kelly had presided on the hearing. Proponent Comment Mr. Thomas Owens, Attorney for Crestwood Development, LLC, requested the City Council continue consideration of the Crestwood Development, LLC proposed subdivision until October 1, 2002. Mayor Pro Tem Kelly explained to Mr. Thomas that a denial of the proposed subdivision would not prejudice Mr. Feehan from presenting a modified subdivision plan to the City. However, any modified plan would need to go back through the process and be reviewed before the Planning Commission, then come before the Council. No one appeared to make comment. Member Kelly made a motion, seconded by Member Hovland closing the public hearing. Ayes: Housh,Hovland, Kelly, Masica, Maetzold Motion carried. Member Kelly introduced the following resolution and moved its adoption: RESOLUTION NO. 2002-78 ADOPTION OF THE FINDINGS, DECISION, AND REASON OF THE MATTER OF APPLICATION OF CRESTWOOD DEVELOPMENT, LLC 6725 IROQUOIS CIRCLE Page 4 Minutes/Edina City Council/September 17,2002 WHEREAS, the Edina Planning Commission has recommended the City Council deny the proposed subdivision by Crestwood Development, LLC, 6725 Iroquois Circle; and WHEREAS,the Edina City Council has listened to the developer's presentation and taken public comments relative to said proposed subdivision by Crestwood Development, LLC, 6725 Iroquois Circle. NOW, THEREFORE, BE IT RESOLVED, that the City Council of Edina, Minnesota hereby adopts the following Findings of Fact and Conclusions of Law denying the application proposed subdivision by Crestwood Development,LLC, 6725 Iroquois Circle: CITY OF EDINA In the Matter of the Application of Crestwood Development, LLC for FINDINGS, a Subdivision of 6725 Iroquois Circle, DECISION, Hennepin County PID number AND REASONS 06 116 2134 0001 (S-02-3) The above-entitled matter was heard before the City Council, City of Edina, on August 20, 2002, September 3, 2002, and September 17, 2002. Tom Feehan of Crestwood Development ("Proponent") was present. The City Council, having heard and reviewed the evidence adduced by the Proponent, his representatives, City Staff, City Planning Commission, property owners and their representatives and being fully advised, after due consideration, hereby makes the following FINDINGS OF FACT: 1. The Proponent, on March 14, 2002, submitted an application for subdivision of a 4.08-acre parcel of land located at 6725 Iroquois Circle. This tract of land ("Subject Property") is comprised of parts of two lots in Auditor's Subdivision 196. An existing single dwelling unit building is located in the central portion of the Subject Property. According to City records Aarbor Homes, Inc. owns the Subject Property. After reviewing the application submitted by the Proponent, City Staff determined the application to be incomplete. Specifically, the application did not provide all the information required by Section 810 ("Subdivision Ordinance") of the City Code. The Proponent was informed that the application would not be processed until all information required by the Subdivision Ordinance was received. 2. The Proponent, on May 8, 2002, submitted the information required by the Subdivision Ordinance and the application was placed on the agenda for the May 29, 2002, Planning Commission meeting. The Proponent, on May 28, 2002, submitted a letter requesting the application for subdivision be removed from the Planning Commission agenda. The Proponent stated the desire to meet with City Staff to address issues raised by City Staff's report to the Planning Commission. 3. The Proponent presented a revised site plan to City Staff at a meeting held on June 18, 2002. The revised site plan presented to City Staff did not contain all the information required by the Subdivision Ordinance. The Proponent was advised that the application would not be placed on the Planning Commission agenda until all ordinance required information was submitted. Page 5 Minutes/Edina City Council/September 17,2002 4. The Proponent, on July 17, 2002, submitted the remaining information required by the Subdivision Ordinance. The application for subdivision was properly noticed and placed on the agenda for the July 31, 2002, Planning Commission meeting. The application for subdivision (the "Proposed Subdivision") delineated three, R-1, Single Dwelling Unit lots. Lot 1 of the Proposed Subdivision measured 48,854 square feet, Lot 2 measured 75,920 square feet and Lot 3 measured 36,971 square feet. The Proposed Subdivision indicated the existing single dwelling unit building occupying Lot 2 would remain. 5. The Edina Planning Commission reviewed the Proposed Subdivision at their July 31, 2002, meeting. The Proponent made a full presentation of the Proposed Subdivision. Several property owners in the vicinity of the Proposed Subdivision spoke in opposition to the proposal. The Planning Commission also received several pieces of written testimony opposing the proposal. Concerns raised by neighbors included tree loss, impact of the proposed grading plan, height and amount of retaining walls required to develop the Subject Property, and potential damage to adjacent properties from increased storm water runoff caused by the proposal. Also testifying in opposition to the Proposed subdivision was Gary Gandrud, attorney for an adjacent property owner. Mr. Gandrud referred the Planning Commission to his written correspondence and to written testimony of a forester and a commercial excavation contractor retained to evaluate the Proposed Subdivision. Mr. Gandrud argued that the Proposed Subdivision should be denied based upon considerations set forth in Section 11 of the Subdivision Ordinance. After receiving testimony of City Staff, the Proponent, his representatives, neighbors and their representatives, and the Planning Commission voted 8 to 0 to recommend to the City Council that the Proposed Subdivision be denied. Pursuant to applicable City Ordinances, notice of an August 20, 2002, public hearing before the Edina City Council was published in the Edina Sun Current and mailed to property owners within 500 feet of the Proposed Subdivision. 6. On August 20, 2002, the Edina City Council conducted a public hearing on the Proposed Subdivision and received the report and recommendation of the Planning Commission. The City Council and the Proponent also received all written correspondence submitted to the Planning Commission and all correspondence received after the Planning Commission meeting. The City Council heard testimony from the Proponent, his representative, neighbors and their representative. Among issues discussed and considered in oral and written testimony were whether: A. The Proposed Subdivision would alter the character and symmetry of the neighborhood and thus would violate the purpose and intent of the Subdivision Ordinance. B. The quantity of trees lost to development would be detrimental to the Subject Property and the surrounding neighborhood. C. Grading required to develop the new street and cul de sac would significantly alter the character of the site and the surrounding properties. Page 6 Minutes/Edina City Council/September 17, 2002 D. Retaining walls 30 to 40 feet in height surrounding the proposed cul de sac would be in keeping with the character of the surrounding neighborhood and would present a safety hazard. E. The development would increase storm water runoff that could threaten surrounding properties. THEREFORE, based on the foregoing Findings, the City Council does hereby make the following Decision: The application for Preliminary Plat approval for the Proposed Subdivision of 6725 Iroquois Circle by Crestwood Development, LLC is hereby denied. The above decision is made for the following Reasons: In determining the appropriateness of a proposed new subdivision the City Council relies on the guidance provided in its Subdivision Ordinance. Section 11 of the Subdivision Ordinance sets forth the following considerations the City Council may consider when reviewing proposed subdivisions: " A.1. The suitability of the size and shape of the lots in the proposed plat or subdivision relative to the size and shape of lots in the neighborhood." "B. The impact of the proposed plat or subdivision, and the proposed development, on the environment, including but not limited to, topography, steep slopes, vegetation, naturally occurring lakes, ponds and streams, susceptibility of the site to erosion and sedimentation, susceptibility of site to flooding and water storage needs on and from the site." "K. Whether the physical characteristics of the property, including, without limitation, topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, use as a natural recovery and ponding area for storm water, and potential disturbance of slopes with a grade of 18 percent or more, are such that the property is not suitable for the type of development or use proposed." "L. Whether development within the proposed plat or subdivision will cause the disturbance of more than 25 percent of the total area in such plat or subdivision containing slopes exceeding 18 percent." Having considered the elements of the ordinance in light of the facts adduced at both the hearings before the Planning Commission and the City Council, the Council concludes the development is contrary to the Subdivision Ordinance for the following reasons: A. The physical characteristics of the Subject Property including topography, vegetation, susceptibility to erosion and siltation, and the large amount of slopes with a grade exceeding 18 percent make the Subject Property unsuitable for additional development. S. The size and shape of the lots in the Proposed Subdivision are not consistent with lots in the immediate neighborhood. C. According to figures provided by the Proponent, development of the Proposed subdivision will impact more than 25 percent of areas containing slopes exceeding 18 percent. D. Development of the street and cul de sac necessary to serve lots in the Proposed Subdivision would be harmful to adjacent properties and may create a safety hazard Page 7 Minutes/Edina City Council/September 17,2002 both during and after development. The development of the street and cul de sac would require the removal of between 20,000 and 29,000 cubic yards of soils, (1,200 to 1,500 truckloads) and would require some retaining walls exceeding 30 feet in height. E. The Proposed Subdivision will be detrimental to the character and symmetry of the surrounding neighborhood. F. According to the Proponent's Engineer, the development will increase storm water run-off,which could threaten surrounding properties. Passed and adopted this 17th day of September 2002. Member Hovland seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Masica, Maetzold Resolution adopted. ORDINANCE NO. 2002-06 ADOPTED AMENDING ZONING ORDINANCE NO. 850 BY ADDING TEMPORARY RETAIL SALES OF EVERGREEN PRODUCTS IN THE SINGLE DWELLING UNIT DISTRICT (850.11) Affidavits of Notice were presented, approved and ordered placed on file. Staff Presentation Mr. Larsen explained that the Planning Commission reviewed and recommended Council adopt a proposed ordinance amendment that would allow a limited time permit for the sale of seasonal evergreen products. Mr. Larsen said that the proposed ordinance amendment had been sent to Our Lady of Grace (OLG) representative, Dick Ward. He indicated that Mr. Ward would like to address the Council regarding the signage language in the ordinance. Public Comment Dick Ward, 6809 Galway Drive, said that OLG very much appreciated the efforts by the City to amend their ordinance allowing the "tree lot", however, since the OLG property is so large they would like to be allowed a larger sign that what would be allowed under the proposed amendment. The amendment as written would allow one sign with an area not exceeding 15 square feet. He indicated concern that this small sign could not be seen from Highway 100 or Eden Avenue. Mr. Ward said this first venture into tree sale was hoped to be very successful and OLG believed two signs of about 4 feet by ten feet would not overwhelm the site and be very visible. The Council discussed the rationale for the proposed language and potential alternatives. Consensus was that the amendment should read "signage is limited to one sign per street frontage with an aggregate sign area not exceeding 100 square feet." Mr. Ward stated he believed this would meet the needs of the church. Member Hovland made a motion seconded by Member Housh closing the public hearing. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. I Page 8 Minutes/Edina City Council/September 17,2002 Member Masica made a motion approving Ordinance No. 2002-06 with a waiver of second reading: ORDINANCE NO. 2002-06 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850) BY ADDING TEMPORARY RETAIL SALES OF EVERGREEN PRODUCTS TO THE SINGLE DWELLING UNIT DISTRICT (850.11) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Subsection 850.11, Subd. 3 of Section 850 of the Edina City Code is amended by adding the following thereto: 8. Temporary retail sales of evergreen products from Conditional Use properties pursuant to a permit issued in accordance with this Subsection 850.11. Section 2. Subsection 850.11 Subd. 7 of Section 850 of the Edina City Code is amended by adding the following thereto: G. Temporary retail sales of evergreen products from Conditional Use properties. 1. The Manager may grant a permit for temporary retail sales of evergreen products, if: a. the owner of the property or other non-profit group approved by the owner conducts the sale. b. the duration of the sale does not exceed 45 consecutive days and does not start before November 15 in any year. c. the sale area is located in a suitable off-street location that does not interfere with traffic circulation on the site or obstruct parking spaces needed by the principal use on the site. d. the sale area is not located within 200 feet of a property zoned and used for residential occupancy. e. the hours of operation do not extend beyond 10:00 pm. f. signage is limited to one sign per street frontage with an aggregate sign area not exceeding 100 square feet. Section 3. Effective Date. This ordinance shall be in full force and effect upon adoption and publication according to the law. Adopted this 171h day of September 2002. First Reading: September 17, 2002 Second Reading: Waived Published: September 26, 2002 Attest 1 t i '.'�.� Debra A. Manaen, City;Clerk Dennis F. Mae zold, Mayor Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Masica, Maetzold Ordinance adopted. Page 9 Minutes/Edina City Council/September 17,2002 RESOLUTION NO. 2002-79 APPROVING CONDITIONAL USE PERMIT FOR EDINA CITY HALL AND POLICE FACILITY (4701 AND 4801 WEST 50TH STREET) Affidavits of Notice were presented, approved and ordered placed on file. Staff Presentation Mr. Larsen explained the City was requesting a Conditional Use Permit to allow construction of a new City Hall and Police Facility on the site containing City Hall and the old library. The initial phase would see the demolition of the library and construction of a new City Hall/ Police facility. The existing City Hall will be razed after completion of the new structure and redeveloped as a parking lot. The proposed new facility would be two buildings connected by a common lobby. Each building would be two stories in height. Total Gross Floor Area would be 52,053 square feet. The police facility would have parking for twenty cars under a portion of the building. The ultimate parking plan would have 140 surface spaces. The buildings exterior would be a combination of stone and copper. Edina's Zoning Ordinance would require parking be setback twenty feet from any street right-of-way. The new facility would come to within five feet of the property line requiring a fifteen-foot parking setback variance. The facility would also require a thirty-foot building setback variance because the proposed building only provides a twenty-foot setback from 50th Street at its northeast corner. The proposed building plan contains 160 surface parking spaces, 20 under building spaces and the ability to add 13 additional surface spaces. There would need to be an 80-space parking variance also. Mr. Larsen concluded stating that the unusual shape of the parcel presented severe design constraints and a hardship condition. To maximize parking it was necessary to push the building as far to the east as possible. In addition, an attempt has been made to save as many of the mature trees on the site as possible. Mr. Larsen reported the Planning Commission recommended approval of the Conditional Use Permit subject to Watershed District permits. Member Hovland commented that the City was attempting to stay on a piece of tax-exempt property. He noted the proposed usage would be less intensive than the previous usage. Members Kelly, Housh, Masica and Mayor Maetzold concurred with Member Hovland. Mayor Maetzold noted receipt of a letter from Jack Rice 4801 Hilltop Lane, supporting the project. He called for public comment. No one appeared. Member Hovland made a motion closing the public hearing, seconded by Member Kelly. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. Member Hovland made a motion introducing the following resolution and moving its approval subject to watershed district approval: Page 10 Minutes/Edina City Council/September 17,2002 RESOLUTION NO. 2002-79 GRANTING A CONDITIONAL USE PERMIT TO CITY OF EDINA WHEREAS, the procedural requirements of Code Section 850 (the Zoning Ordinance) have been met; and WHEREAS, it has been determined that the Findings as required by Code Section No. 850.04 Subd. 4 have been satisfied: NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a Conditional Use Permit to City of Edina, to allow the construction of a City Hall/Police Facility,4701 and 4801 West 50th Street. Passed and adopted this 17th day of September 2002. Member Housh seconded the motion. Rollcall: Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. ORDINANCE NO. 2002-7 APPROVED - AN ORDINANCE REPLACING SECTION 1060 WITH 1061 - JUVENILE CURFEW Manager Hughes explained the Hennepin County Attorney's Office spearheaded an effort to have all cities in Hennepin County adopt the Hennepin County juvenile curfew ordinance which would provide uniformity and clarity for juveniles, parents and officers enforcing the law. Neighboring cities have adopted the County curfew, which is less restrictive on weekends for juveniles 14 and under and more restrictive for 15-17 year olds on weekdays than our present City Code. Little affect on enforcement in Edina is expected with most curfew arrests occurring after midnight, which is a violation for all age groups under any of the curfew ordinances. Staff recommends adopting Ordinance No. 2002-7, replacing Section 1060 and 1061, which mirrors the Hennepin County Curfew Ordinance. Council comment: Member Kelly inquired where enforcement would emanate from. Deputy Chief Carlson responded enforcement would be at the City level. Member Hovland asked what would happen with juveniles that are employed. Mr. Carlson commented the Ordinance covers the concern of juveniles who work. Member Kelly made a motion to adopt Ordinance No. 2002-7, with waiver of second reading. EDINA ORDINANCE NO. 2002-7 A Ordinance Replacing Section 1060 - Curfew for Minors; Responsibility with a New Section 1061 -Juvenile Curfew THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Section 1060 of the Edina City Code is hereby repealed in its entirety. Section 2. The City Code is amended by adding a new Section 1061 as follows: Page 11 Minutes/Edina City Council/September 17,2002 "Section 1061 -Juvenile Curfew 1061.01 Findings and Purpose. The City Council finds that in recent years,there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent. A significant percentage of juvenile crime occurs during curfew hours. Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators. The younger a person is, the more likely he or she is to be a victim of crime. While parents have the primary responsibility to provide for the safety and welfare of juveniles, the City also has a substantial interest in the safety and welfare of juveniles. Moreover, the City has an interest in preventing juvenile crime, promoting parental supervision, and providing for the well being of the general public. A city-wide curfew will reduce juvenile victimization and crime and will advance public safety, health, and general welfare. 1061.02 Definitions. Unless otherwise stated, or unless the context clearly indicates a different meaning, the words or phrases in the following list of definitions shall, for the purposes of this Section,have the meanings indicated: Juvenile. A person under the age of eighteen (18). The term does not include persons under 18 who are married or have been legally emancipated. Parent. Birth parents, adoptive parents, and stepparents. Guardian. An adult appointed pursuant to Minn. Stat. §525.6155 or §525.6165 who has the powers and responsibilities of a parent as defined by Minn. Stat.§525.619. Responsible Adult. A person eighteen (18) years or older specifically authorized by law or by a parent or guardian to have custody and control of a juvenile. Public Place. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. Emergency. A circumstance or combination of circumstances requiring immediate action to prevent property damage, serious bodily injury or loss of life. Serious Bodily Injury. Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss of impairment of the function of any body part or organ. Establishment. Any privately-owned place of business to which the public is invited, including but not limited to any place of amusement, entertainment, or refreshment. Page 12 Minutes/Edina City Council/September 17, 2002 Proprietor. Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. 1061.03 Prohibited Acts A. It is unlawful for a juvenile under the age of 12 to be present in any public place or establishment within the City: 1. Any time between 9:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. 2. Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. B. It is unlawful for a juvenile, age 12 to 14, to be present in any public place or establishment within the City: C. Any time between 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. D. Any time between 11:00 p.m. on any Friday or Saturday and 5:00 a.m. on the following day. E. It is unlawful for a juvenile, age 15 to 17, to be present in any public place or establishment within the City: 1. Any time between 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday and 5:00 a.m. of the following day. 2. Any time between 12:01 a.m. and 5:00 a.m. on any Saturday or Sunday. F. It is unlawful for a parent or guardian of a juvenile knowingly, or through negligent supervision, to permit the juvenile to be in any public place or establishment within the City during the hours prohibited in paragraphs A, B and C of this subsection. G. It is unlawful for a proprietor of an establishment within the City to knowingly permit a juvenile to remain in the establishment or on the establishment's property during the hours prohibited in paragraphs A, B and C of this subsection. If the proprietor is not present at the time of the curfew violation,the responding officer shall leave written notice of the violation with an employee of the establishment. A copy of the written notice shall be served upon the establishment's proprietor personally or by certified mail. 1061.04 Defenses A. It is an affirmative defense for a juvenile to prove that: 1. The juvenile was accompanied by his or her parent, guardian, or other responsible adult. 2. The juvenile was engaged in a lawful employment activity or was going to or returning home from his or her place of employment. 3. The juvenile was involved in an emergency situation. 4. The juvenile was going to, attending, or returning home from an official school, religious, or other recreational activity sponsored and/or supervised by a public entity or a civic organization. 5. The juvenile was on an errand at the direction of a parent or guardian. Page 13 Minutes/Edina City Council/September 17,2002 6. The juvenile was exercising First Amendment rights protected by the United States Constitution or Article I of the Constitution of the State of Minnesota. 7. The juvenile was engaged in interstate travel. 8. The juvenile was on the public right-of-way boulevard or sidewalk abutting the property containing the juvenile's residence or abutting the neighboring property, structure,or residence. B. It is an affirmative defense for a proprietor of an establishment to prove that: 1. The proprietor or employee reasonably and in good faith relied upon a juvenile's representations of proof of age. Proof of age may be established pursuant to Minn. Stat. §340A.503, subd. 6, or other verifiable means, including, but not limited to, school identification cards and birth certificates. 2. The proprietor or employee promptly notified the responsible police agency that a juvenile was present on the premises of the establishment during curfew hours. 1061.05 Penalty A. Violation of paragraphs A, B or C of Subsection 861.03 will be prosecuted pursuant to Minn. Stat. §260B.235 and will be subject to the penalties therein. B. Violation of paragraphs D or E Subsection 861.03 is a misdemeanor and will be subject to the penalty set forth in Minn. Stat. §609.03." Section 3. This ordinance shall be in full force and effect upon passage and publication. Adopted this 17th day of September 2002. First Reading: September 17,2002 Second Reading: Waived Published: September 26,2002 Attest Debra A. Mangen, ity Clerk F. Maetzold,Mayor Member Masica seconded the motion. Rollcall: Ayes: Housh,Hovland, Kelly, Masica, Maetzold Motion carried. BID AWARDED FOR DIESEL GENERATOR FOR EDINBOROUGH PARK Director Keprios explained the purchase and installation of the diesel generator for Edinborough Park is for an emergency backup replacement. The current generator is 16 years old and is inoperable and it is no longer cost effective to make necessary repairs. Mr. Keprios said the function of the emergency generator is to supply electrical power to the park in case of a power outage. He further explained the reason a diesel generator was chosen over a natural gas generator is that the initial cost is less as well as having control over the fuel to operate the generator. Following a brief Council exchange, Member Hovland made a motion for award of bid for a diesel generator for Edinborough Park to recommended low bidder, Cummins NPower, at $31,851.00. Page 14 Minutes/Edina City Council/September 17,2002 Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. *BID REJECTED FOR STORM SEWER IMP. NO. 02-5 (ENG), IMP. NO. STS-279, STS-280, STS-281, STS-282 Motion made by Member Hovland and seconded by Member Housh approving the rejection of bid for storm sewer Improvement Contract No. 02-5 (ENG), Improvement Contract No. STS-279, STS-280, STS-281 and STS-282. Motion carried on rollcall vote -five ayes. TRAFFIC SAFETY STAFF REPORT OF SEPTEMBER 3, 2002, APPROVED Member Masica removed the Traffic Safety Staff Report of September 3, 2002, from the Consent Agenda for further information. Ms. Masica stated her concern with the lack of short-term arkin at the P g Community Center. Coordinator Bongaarts explained the parking spots at the Center. Mr. Hughes added this is a concern and expansion of on-site parking was considered as a part of the failed referendum. Member Masica made a motion approving the Traffic Safety Staff Report of September 3, 2002, Section A: 1. Replace 2-hour parking restrictions with 15 minute parking restrictions for the nine parking spots between the entrance to the drive through and the exit on Southview Lane in front of 4725 Southview Lane; Section B and C. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. VOICESTREAM CELL TOWER AT HIGHLAND PARK APPROVED Assistant Manager Anderson indicated a request has been received from Voicestream to co-locate antennas for wireless phones: Co-location Site: • Southeast corner of hockey rink at Highland Park • Located on park land • Replace existing pole and relocate existing lights on new cell pole • Build addition to warming house to house telcomm equipment Why This Location: • Ordinance allows location on commercial building rooftops • City property is directed to be a 'last resort' • Multiple options considered: - Co-locate at Blake and Fox Meadow cell tower - Interlachen Corporate Building - Jerry's Office Building - Highland School - flagpole replacement Voicestream Proposal: • Replace existing 45 foot wooden pole with a 60 foot metal pole • Existing lights remounted at same height Page 15 Minutes/Edina City Council/September 17,2002 • "Can Style" antennas mounted at top of pole-less obvious than traditional array • Addition made to north side of warming house to protect Voicestream ground equipment - brick and paint to match existing building - Voicestream to repave path around warming house Proposed Lease Terms: • $840/month or$10,800/year • Initial term-5 years with an option for 4 consecutive periods of 5 years each • $500 renewal fee for each additional 5 year term • Increase for each renewal term is the greater of 20% or Minnesota CPI • City has 24/7 access to the tower Mr. Anderson presented a graphic of comparisons with other antenna leases, beginning in 1994 to date. He stated, based on this information staff recommends approval of the antenna concept and directs staff to work with City attorneys to prepare a lease for execution by the Mayor and City Manager. Proponent comment: Steve Schreiber, consultant for Voicestream, thanked City staff for their help and professionalism with deliberations concerning their request. Member Hovland made a motion approving the Antenna Co-location Concept and Lease Terms for the Voicestream Cell Tower at Highland Park. Member Masica seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. 'RESOLUTION NO. 2002-80, ADOPTED SETTING PUBLIC HEARING DATE FOR SPECIAL ASSESSMENTS OF OCTOBER 15, 2002 Motion made by Member Hovland and seconded by Member Housh setting October 15, 2002, for the public hearing date for Special Assessments. RESOLUTION NO. 2002-80 RESOLUTION SETTING PUBLIC HEARING DATE OF OCTOBER 15,2002,FOR SPECIAL ASSESSMENTS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA: 1. A public hearing shall be held on the 151h day of October,2002,in the Council Chambers at City Hall at 7:00 P.M. to pass upon the proposed special assessments for the 2001-2002 construction season. All persons owning property affected by such improvements at such time and place will be given an opportunity to be heard with reference to such assessments. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessments to be published in the Edina Sun-Current at least two Page 16 Minutes/Edina City Council/September 17,2002 weeks before the hearing and shall in the notice state the total cost of the improvements. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment rolls not less than two weeks before the hearings. Adopted this 17th day of September, 2002. Motion carried on rollcall vote -five ayes. *PUBLIC HEARING DATE SET FOR NEW LIQUOR LICENSE FOR MAGGIANO'S - OCTOBER 1, 2002 Motion made by Member Hovland and seconded by Member Housh setting October 1, 2002, as public hearing date for a new liquor license for Maggiano's Restaurant, located at 2685 Southdale Center. Motion carried on rollcall vote - five ayes. DANCE PERMIT RENEWAL FOR TWO GUYS FROM ITALY/CLUB ASCHE APPROVED Chief Siitari informed the Council the dance permit for Two Guys from Italy/Club Asche is up for renewal. The restaurant/club is located at 7495 France Avenue and has had a dance permit since December 2000. Two police calls within the last four months of 2001 resulted in issuance of a six-month renewal conditioned upon a review with the caveat that the Chief could require licensed police officers to provide security. Mr. Siitari stated his recommendation that the license be renewed for six months with no stipulations and conditions. The six-month renewal period will align the dance permit renewal with the liquor license renewal. The six-month recommendation is administratively based and not related to any concerns with the site. Member Masica made a motion approving the dance permit renewal for Two Guys From Italy/Club Asche for a period of six months. Member Housh seconded the motion. Ayes: Housh, Hovland, Kelly, Masica, Maetzold Motion carried. *PETITION RECEIVED REQUESTING CURB AND GUTTER ON 53RD STREET BETWEEN WOODDALE AND BROOKVIEW AND A STORM SEWER AT THE CORNER OF 53RD AND OAKLAWN Motion made by Member Hovland and seconded by Member Housh acknowledging receipt of a petition for curb and gutter on 53rd Street between Wooddale and Brookview and a storm sewer at the corner of 53rd Street and Oaklawn and submission to the Engineering Department for processing as to feasibility. Motion carried on rollcall vote -five ayes. CONCERN OF RESIDENT Addie Fitzsimmons, 5025 Yvonne Terrace, stated she was back before the Council requesting an answer to concerns about drainage from their neighbors addition and displacement of water run-off from 5021 Yvonne Terrace onto their property. Mayor Maetzold turned the gavel over to Mayor Pro Tem Kelly since he chaired the last meeting where Ms. Fitzsimmons voiced concern. Mr. Kelly commented he thought the issue was resolved at the last meeting. If the neighboring property owner violated any codes in building their home, the City could do something. According to staff, the property at 7021 Page 17 Minutes/Edina City Council/September 17,2002 Yvonne Terrace had no violations in the renovation. Since City Code was followed there is nothing more that can be done by the City. Mr. Kelly said if the contractor damaged their property, the homeowner could bring a cause of action. The spirit of the Council at the last meeting encouraged the Fitzsimmons to allow the contractor to improve the drainage situation on their property, at his cost. Two options were established, none of which the City can help with: 1) bring a cause of action against the homeowner at 5021 Yvonne Terrace, or 2) accept the contractor's offer to improve the drainage situation on the property. He suggested getting an opinion of whether City Code has been violated. Mayor Maetzold inquired when this Code compliance opinion could be completed. Mr. Hughes said completion of the opinion could be within the next two weeks. No formal action was taken. BUDGET MEETING SET Manager Hughes suggested the budget meeting be held as part of the regular meeting agenda on October 1, 2002, rather than at an earlier time. Council consensus was to hold the budget meeting during the regular Council meeting at 7:00 P.M., October 1, 2002. *CONFIRMATION OF CLAIMS PAID Member Hovland made a motion and Member Housh seconded the motion approving payment of the following claims as shown in detail on the Check Register dated September 5, 2002, and consisting of 25 pages: General Fund $151,340.38; CDBG Fund $1,150.00, Communications Fund $1,310.47; Working Capital Fund $33,124.21; Construction Fund $151,508.71; Art Center Fund $3,617.56; Aquatic Center Fund $1,752.94, Golf Course Fund $6,540.95; Ice Arena Fund $1,252.82; Edinborough/Centennial Lakes Fund $3,665.55; Liquor Fund $138,611.04; Utility Fund $21,365.54, Storm Sewer Fund $1,472.03; Payroll Fund $403,000.00, TOTAL $919,712.20 and for approval of payment of claims dated September 11, 2002 and consisting of 32 pages: General Fund $223,422.82; Communications Fund $9,838.90; Working Capital Fund $83,747.31; Construction Fund $45.00; Art Center Fund $10,300.79, Golf Dome Fund $3,327.89; Aquatic Center Fund $4,532.55; Golf Course Fund $25,616.27; Ice Arena Fund $27,381.72, Edinborough/Centennial Lakes Fund $23,657.82, Liquor Fund $104,937.81: Utility Fund $89,934.10; Storm Sewer Fund $4,004.08; Recycling Fund $30,418.60; TOTAL: $641,165.66. Motion carried on rollcall vote-five ayes. There being no further business on the Council Agenda, Mayor Maetzold declared the meeting adjourned at 9:05 P.M. City Clerk Page 18