HomeMy WebLinkAbout19890724_regular286 MNUTES
OF THE BEGlILAR 1IEETING OF THE
JULY 24, 1989
EDINA CITP COUNCIL HELD AT CITY HhI;L
ROLLCAIX. Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
EDINA MASONIC MDGE COMMENDED FOR $1.500 CONTRIBUTION John Peterson, Kenneth
Nelson and Bob Soelberg presented a check in the amount of $1,500 to the City from
the Edina Masonic Lodge for use by the Fire Department for acquisition of
emergency equipment.
for their gift read the following resolution which was unanimously adopted:
BHEREBS, for the past twelve years the Edina Masonic Lodge has donated money to
the Edina Fire Department for its rescue equipment; and
BHEREBS. this money has been earned by members of the ]Lodge from their efforts in
putting on an annual Pancake Breakfast; and
VHEBEBS. a check in the amount of $1,500 has been generously given to the Edina
Fire Department for purchase of rescue equipment;
NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that most sincere
appreciation be expressed to all members of the Edina Masonic Lodge for its
interest in the well-being of all Edina residents through this generous
contribution; and
BE IT FUR- RESOLVED, that this Resolution be entered into the Minutes and that
an appropriate copy be presented to the
as a token of gratitude of the Edina City Council and all the citizens of Edina.
ADOPTED this 24th day of July, 1989.
On behalf of the Council, Mayor Richards thanked the Lodge
BESOLUTION OF APPRECIATION
EDINA MASONIC LODGE
.I CONSEPJT AGENDA ITEMS ADOPTED
Member Kelly to approve and adopt the consent agenda items as presented.
Motion vas made by Member Smith and vas seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*=S OF THE JOINT HRA/COuNCIL MEETING AND RE- COUNCIL MEETING OF HAY 15.
1989 APPROVED
approve the Whutes of the Joint HRB/CouncilHeeting and the Regular Council
Meeting of Hay 15, 1989.
Motion vas made by Member Smith and vas seconded by Member Kelly to
Motion carried on rollcall vote, five ayes.
CONDITIONAL USE PERMIT APPROVED FOR CHRIST PRESBYTERIAN CEIDRCH BUILDING EXPBNSION
Affidavits of Notice were presented, approved and ordered placed on file.
Phil Dommer presented the request for a conditional use permit for Christ
Presbyterian Church, generally located at the northeast quadrant of Highway 100
and the West 70th Street exit, to allow a major remodeling and expansion of the
church facility.
proposal :
Planner
The Church has identified two objectives as part of their
1)
2)
Repair and/or remodel existing space to bring it up to code and up to
date.
Add space for new and expanded programs to adequately provide for
additional members and staff.
Christ Presbyterian Church was started in 1959 at its current site anahas
undergone renovation approximately every ten years.
members, with average Sunday attendance of approximately 800 total in two
services.
youth activities and various educational opportunities. I Currently the Church has 1800
A variety of events occur through out the week including counseling,
7 124189 287
Planner Dommer pointed out that the existing facility is approximately 40,000
square feet. The proposed additional area is 29,610 square feet and will provide
the following new facilities: Multi-purpose activities center; counseling center,
library, classrooms for youth/adult programs, chapel, expanded offices, larger
restrooms and expanded nursery.
The Community Development and Planning Commission reviewed the proposal on May 31,
1989. Significant issues raised were parking and access and the Planning
Commission decided to continue the matter to allow the Church an opportunity to
address those concerns.
additional 170 parking spaces for the. site. They have also prepared a traffic
mitigation plan which included the addition of a third service, car-pooling,
shuttle service and the use of parking attendants. By instituting these measures
it is hoped that the construction of additional parking will not be necessary and
that green space can be retained. In addition, the new plan also eliminated one
driveway from West 69th Street, revised the parking area to the north to provide a
one-way exit onto the frontage road and provided access to the lot from the main
parking lot.
codes. The plan will not increase the existing 522 seating capacity of the main
sanctuary.
The proposal presented by the Church would provide an
The Church is requesting no variances and are complying with all
Planner Dommer advised that the Planning Commission at their meeting on July 5,
1989 unanimously recommended approval of the Conditional Use Permit, subject to:
1) Proof of Parking Agreement
2)
3)
4)
Signage directing traffic egress only onto frontage road
Landscaping plan approved by staff, primarily as a buffer on the north
Installation of a gate at the 69th Street exit to control traffic.
Since then staff has met with the Church to further the traffic mitigation plan.
The Church has indicated they will implement two measures immediately: 1) Upgrade
the berm along West 69th Street, and 2) Implement a program to sensitize members
to the traffic concerns of the neighborhood. A traffic and parking study was
conducted by the Church on July 16, 1989, a higher than average attendance Sunday.
It indicated that early service attendance was 170 compared with an average of
187. Late service attendance was 527 compared with an average of 374. During the
early service period 99 cars entered from West 70th Street, with 180 cars during
the late service period.
The report also showed 32 cars exiting on West 69th Street towards Dunberry.
No traffic delays were experienced on West 70th Street.
Following the presentation, Mayor Richards stated that copies of letters received
from residents objecting to the Christ Presbyterian Church proposal had been
furnished to the Council Members as well as copies of a petition circulated in the
surrounding residential neighborhood.
comment.
The meeting was then opened for public
Bill Hall, 7416 Shannon Circle, stated that he and his wife are co-chairs of the
Christ Presbyterian Building Committee and have been members of the Church as well
as residents of the City for 22 years.
started in 1956 with 150 charter members. The current facility was completed in
1968 at which time the membership was 1,082 with two ministers on staff. Current .
membership is at 1,800 with 12 ministers on staff reflecting a growth rate of 2%
per year.
greatly changed from its earlier years.
organizations that meet in the facility, many of which are directly church related '
and some that are community related.
The staff includes two fulltime counselors and one parttime.
the Church has grown by 2% in membership, it has had remarkable growth in missions
and activities.
He stated that the congregation was
Mr. Hall observed that the role of the Church in the community has
He mentioned some of the.150
The Church is used all day and most nights.
In reality, while
7/24/89 288
Mr. Hall commented that the facility is inadequate for the current activities, and
that five years ago the Church hired Robert David Burrow Architects, Inc., a firm
that specializes in church remodeling and new church construction, to look at
their needs.
orientations on the site and as to how its character can be retained and enhanced.
They have concluded that the proposal as presented is the best plan possible for
the site.
and one-third update for code compliance.
The proposed expansion has been considered as to various
~ -.
- It will consist of one-third remodeling, one-third new construction,
Mr. Hall said they had met on June 22, 1989 with concerned neighbors, with
approximately 12 in attendance who were not members of the Church.
expressed were about traffic, appearance and parking.
it has addressed those concerns and elaborated on some of the changes made to the
original plan in response.
miscommunications with the neighbors and responded to the items of concern that
had been expressed.
There will be a multi-purpose room to be used by the Church and also by the
community, e.g. voting, bloodmobile, counseling. Parking lot north of 69th Street - A parking lot hadbeen proposed some years ago.
acknowledged that it was not a good idea and was insensitive to the neighbors.
This property is being held for investment and the Church would consider selling
it if they obtained a good offer.
proposed by some neighbors and members who did not want to leave Edina.
$140,000 ear-marked for that was given to Presbyterian Homes of Minnesota,
for the Gideon Pond elderly housing project and the Church continues to give them
$10,000 annually.
the petition had done so because they had misinformation concerning the Church's
plan for expansion.
In conclusion, Mr. Hall commented that one of the great strengths of Edina is its
churches.
stated that Christ Presbyterian Church has been a good neighbor as indicated by
the Church's mission statement and its generous contributions over the years to
help people in great need.
Speaking in opposition to the proposal for expansion of Christ Presbyterian Church
were: John Hoyt, 4812 Dunberry Lane; Ray and Catherine Wallentine, 6821 Normandale
Road; Kingsley Holman, Holman Law Offices, representing neighbors; Dave Gepner,
4817 Dunberry Lane; Floyd Graviel, 4817 Wilford Way; Joe Florenzano, 4712 W. 70th
Street; Peg Gallagher, 6812 Brittany Road; and Pat Milan, 4800 W. 70th Street.
Concerns and issues raised included increased traffic and activities, location of
expansion to the north close to homes, Church's lack of communication with
neighbors, decrease in property values for neighborhood, lighting for parking lot,
public policy on churches being an appropriate use in R-1 District, need for
feasibility/traffic study, and Church's past relations with neighborhood.
Concerns
He said Christ Church feels
Mr. Hall indicated that there have been some
Commercial activity center - No commercial area is planned. -
'-
However, the Church
Elderly housing - Ten years ago this was
A fund of
Mr. Hall said he felt that a number of neighbors who had signed
The churches add to the character and moral fiber of the community. He
Speaking in support of the proposal were: William Hull, 6833 Creston Road, Emarie
Payne, 4614 Bruce Avenue; Carol Mearkle, 4425 Judson Lane; Craig Peterson, 6121
Parnell Avenue; and Lloyd Cherne, 5704 View Lane.
Mayor Richards then called for comment and/or questions from the Council. Member
Smith asked: 1) how far the north parking lot would be from the curb and also the
distance to the building, 2) the additional parking that would be provided with
the expansion and also under the Proof of Parking Agreement, and 3) if the Church
be 10 feet of street right of way, a 20-foot setback for the lot, 51-foot width
for the parking lot and approximately 16 feet from the lot to the building
expansion.
Proof of Parking Agreement there would be a potential for an additional 170
, 4 .. has offered to fund a traffic study. In response, Planner Dommer said there would
The proposal would provide a net gain of 22 parking spaces, and with a
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289
spaces.
the traffic and parking counts taken on July 16.
As to a traffic study, the only information that has been provided are
.Member Kelly asked why the building expansion was oriented to the north rather
than to the south. Mr. Hall explained that in trying to work with existing space
and existing flow of everything, they looked at the back and south sides and
concluded that having building areas on both side of the sanctuary would not work
and flow with their programs and office staff.
Member Rice commented that although this has been difficult and time consuming it
was a clear decision for him. He said he had talked with proponents and opponents
concerning the proposed expansion and made these observations: 1) Traffic concerns - Traffic increase that would occur on West 70th Street because of the expansion
would be relatively irrelevant.
significant.
study and that the Church could do something to mitigate that so there would not
be street parking on Dunberry. 2) Church's neighborliness - There have been
questions concerning maintenance of the grounds and parking lot lighting over the
years. He said he felt a better job could be done in the future and would
encourage the Church to consider that. 3)
adjacent church property - The Church has answered those questions and he did not
see any other use being allowed in an R-1 District.
House is owned by the Church but is not particularly attractive. Something could
be done to improve that. 5) Chimes - Most neighbors liked the chimes but felt
something could be done to improve the programming. 6) Neighborhood relations -
Suggested some kind of a regular forum once a year between the Church and the
neighborhood to dispel rumors as to the Church's plans. Member Rice concluded by
saying that he intended to support the project because of the great benefits he I
felt all the churches, and in particular Christ Church, bring to the community and
for the steps the Church would take to mitigate any parking problems.
Sunday traffic on Dunberry Lane is not
He said he was concerned about the parking on Tuesdays for the bible
Uncertainty of future land use of
4) Property east of Church -
Member Paulus made two comments: 1) Concerning traffic - As a representative to
the 1-494 Coalition, she said we need to become aware of what is happening to
streets like West 70th and that whatever study we would do now would be obsolete.
1-494 will not be able to grow fast enough to accommodate future traffic and Edina
will see some of that traffic filter through City streets. She said she did not
feel we can protect West 70th Street from that future impact. 2) Real estate
values - She said it is hard to measure what affect the Church expansion will have
on the neighborhood because a house is worth whatever someone will pay for it.
What will affect values in that neighborhood is the traffic on Highway 100 and
West 70th Street and that will be greater than what happens at Christ Church.
Member Paulus said that she would support the project as she felt the benefits to
the community clearly outweigh problems that may be caused by the small amount of
additional traffic generated by the expansion.
active and growing churches are one of the components that make Edina a desirable
community and that she felt this project would benefit the community as a whole.
,
Member Paulus concluded that
Mayor Richards said he would support the proposal for these reasons: 1)
Planning Commission looks at these issues on a regular basis and devotes a great
deal of time in making decisions.
important and persuasive that we remain a progressive community. 2) Design for
the expansion is best left to the private sector.
brought forth the best design in view of the fact that no variances are requested
and that it complies with the City's codes.
are in place, e.g. landscaping plan and proof of parking agreement with traffic
mitigation measures.
The
A unanimous recommendation for approval is
He said that the process has
The necessary checks and balances 3)
Member Smith commented that he is unaware of any way that the Council can set the
size of a congregation or limit the use of a church so long as it is legal and
7/24/89 290
proper.
the real issue is the Church's relations with and sensitivity to the neighbors.
He said the Church should work with the neighbors on the issues they have raised
concerning landscaping, signage and lighting.
No further comment being heard, Member Kelly introduced the following resolution
and moved its adoption, subject to: 1) Execution of Proof of Parking Agreement
including a traffic mitigation plan, 2) Signage directing traffic egress only onto
the frontage road, 3) Landscape plan approved by staff, and 4) Installation of a
gate at the West 69th Street exit to control traffic.
UEEREAS, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance)
have been met; and
VHEaEBS, it has been determined that the Findings as required by Ordinance No. 825
have been satisfied;
NOU, TBwEFoRe, BE IT RESOLVED that the Ed- City Council hereby grants a
Conditional Use Permit to Christ Presbyterian Church, 6901Normandale Road, for
building expansion.
Motion for adoption of the resolution was seconded by Member Rice.
Church use is a special use like a neighborhood school. He said he felt
-
RESOLUTION GRANTING CONDITIONAL USE PERMIT
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
PUBLIC HEBRING ON CONDITIONAL USE PERMT FOR GRACE CETJRCH CONTINUED TO 8/21/89
Affidavits of Notice were presented, approved and ordered placed on file. Planner
Craig Larsen presented the request of Grace Church, located at 5300 France Avenue,
for a conditional use permit to allow for expansion and remodeling of the
sanctuary and for construction of two new entry vestibules.
remodeling calls for extending the sanctuary 22.8 feet to the west. The second
story of that elevation would be suspended above parking spaces on ground level.
The proposed project would not increase the present seating capacity of 890
persons. The purpose of the project would be to improve seating, to provide a
direct connection between the main floor and balcony seating and to provide an
improved space for the choir.
The expansion and
Planner Larsen explained that the project would also include two new entry
vestibules.
existing drop-off lane.
the property line.
property lines.
non-conforming 35-foot setback from France Avenue.
westerly side provides the required setback.
At one parking space for each three seats in the sanctuary, a minimum of 197
parking spaces is required.
parking spaces after the remodeling.
for concurrent activities.
The France Avenue entry would be attached to a canopy over the
The proposed canopy would provide a two-foot setback from
The Zoning Ordinance requires a setback of 50 feet from all
He pointed out that the Church currently maintains a
The entry proposed for the
The church now has and will continue to have 610 .
This results in 313 spaces available on site
Landscaping and screening for parking areas meets or exceeds Zoning Ordinance
requirements.
addition to the Church.
on the west, south and east sides of the sanctuary.
would also include the addition of landscaped islands in the parking lot to the
west.
Planner Larsen mentioned that the Church held two meetings to explain their plans
to interested neighbors prior to appearing before the Community Development and
Planning Commission. The first meeting was held for the abutting neighbors along
Halifax Avenue.
Church. No letters were received from neighbors prior to the Planning Commission
Most of the landscaping was installed in connection with the 1983
The current proposal would provide additional landscaping
The proposed.landscaping
I
The second meeting was with neighbors within 500 feet of the
7/24/89 291
hearing on the proposal.
Thatcher, 5309 Halifax Avenue So., relative to drainage problems. Representatives
from the Church have indicated that they are willing to work with the Thatchers to
resolve this.
Subsequently, a letter was received from Mary and David
Planner Larsen concluded that the proposed addition and remodeling of existing
space will not increase the seating capacity or require increased parking
capacity. The level of activity is expected to continue to be similar to today's
level.
There is no opportunity to add additional parking on site should parking problems
occur in the future; the only way tosolve a problem would be to change the
operation.
management techniques similar to those suggested for Christ Presbyterian Church.
The proposed improvements will improve the way internal spaces function.
Staff would suggest a proof of parking agreement containing parking
Planner Larsen observed that staff does have a problem with the proposed canopy on
the east side of the Church.
two-foot setback from the France Avenue property line.
Planning Commission concurred that the proposed canopy be eliminated from that
entrance. The existing 35 foot setback for the vestibule entry was supported.
The Planning Commission expressed sympathy that the Church had limited visibility
from France Avenue.
something that would meet staff approval and that would maintain the 35 foot
setback. At its meeting of July 5, 1989, the Planning Commission recommended
approval of the conditional use permit, subject to: 1) Removal of the canopy as
proposed, and 2) Execution of a proof of parking agreement that would address
parking management if parking problems were identified in the future.
Richard Lundborg, Chairman of Facilities Task Force, commented that Grace Church
has been in existence in Edina for over 50 years and experienced some very rapid
growth in the early '70s.
they would move and relocate in some other area or stay in Edina.
was made to stay in concurrence with zoning laws in effect at that time.
Consequently, the Church purchased land down to West 52nd Street and converted the
houses into the large parking area that is there now. The Church also developed a
master plan for what would happen if the Church continued to grow.
plan called for a sanctuary that would seat 1800 people and a two level parking
deck to meet on site the 1:3 parking ratio requirement.
Mr. Lundborg said that since that time the Zoning Ordinance has been changed and
the master plan is no longer valid. The Church agreed that a sanctuary that would
seat 1800 would be too big for that area. He explained that the sanctuary that
was built was to be a temporary, low cost facility until they could get the larger
one. It has a very steep roof which results in poor acoustics, ventilation and
sight lines. Now that this will be the permanent sanctuary, they would like to
have permission to re-work the sanctuary, enlarge the platform area, extend the
balcony down and construct new entrances.
approved by the congregation at this point. Mr. Lundborg stated that the proposed
project will not add seats, will not add or subtract parking, there will be no
traffic change plus or minus as indicated by the traffic study and the Church will
not be adding any programs. He introduced Andre Latondresse, Schwarzfleber
Architects, to respond to questions.
As proposed, the canopy would provide only a
Staff recommended and the
The Church will propose that they be allowed to design
In the early '80s Grace Church had to decide whether
The decision
The master
He noted that no plans have been
Mayor Richards asked for clarification as to the number of seats in the sanctuary.
Mr. Lundborg explained that they refer to it as the 1,000 seat sanctuary because
they had received approval for 1,000 seats.
some conflict between how you measure pew space for the fire code versus the
parking code.
number of 890.
Mr. Latondresse said that there is
He confirmed that the seating capacity would remain at the present
7 / 24 189
292
Mayor Richards sked Mr. L tondr e to respond to the recommendation of staff and
the Planning Commission that the canopy be removed from the proposal.
Mr. Latondresse said at this point they are asking for permission to redesign the
vestibule within the 35 foot setback and so that it does not exceed the height of
any part of the existing church, subject to staff approval, without going through
the procedure of presenting the modification to the Planning Commission and then
to Council.
I
Mayor Richards commented that Grace Church has had a substantial impact on that
neighborhood and suggested that the Church was here prematurely.
discussion and concurrence by the Council Members, Mayor Richards suggested that
this be continued so that the Church could come back with a final plan for the
vestibule with the understanding that no variance would be granted.
Mary Thatcher, 5309 Halifax Avenue, commented that this is the third time Grace
Church has done a major building project since they have lived there. She said
she was not negative this time but wrote the letter regarding the drainage because
it is a problem for four or five lots. She said work has been done on the berm
and that she felt it was the Church's intention when they did the last building
project to finish the parking lot but it has been sort of "make due".
Thatcher explained that their lot is just south of the last storm sewer inlet and
the ground drops off together with the level of the berm.
can be remedied as a part of this new building project.
Following
Mrs.
She said she hoped this
Donna Bahn, 5241 Halifax Avenue, said she supported Mrs. Thatcher in the need for
looking at the drainage and the plan for the trees and shrubs and what happens in
the future.
neighborhood as well as snow removal from the parking lot at 3:OO a.m.
Mayor Richards suggested that the Church discuss these issues with the neighbors.
Further, that he would expect staff to work with the Church to address the
concerns that have been raised so that these will be part of the package when the
Church returns with their final plans. Member Kelly said she would like to see a
landscape plan with respect to the berm.
She mentioned that the noise from the air conditioner does impact the
Following further discussion, motion was made by Member Kelly to continue the
hearing on the conditional use permit for Grace Church of Edina to August 21,
1989. Motion was seconded by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
-Y BPJD FINAL PLAT APPROVED FOR THE HOMES OF CENTENNIBL IAKES
of Notice were presented, approved and ordered placed on file.
presented the request for preliminary plat approval for The Homes of Centennial
Lakes.
development at Centennial Lakes.
buildings with approximately 46 units in each building.
now under construction.
to transfer this land from the HRA to the housing developer.
owned by the Edina HRA and will be conveyed to Laukka as sales permit.
the property is necessary for the conveyance and financing of the individual
buildings.
Affidavits
Planner Larsen
He explained that the subject property is Phase I of the condominium
The property will ultimately contain six
Buildings one and two are
Lots 3 through 6 are
Previously the Council has approved simple lot divisions
Platting
Planner Larsen noted that the proposed plat will establish individual lots for all
six buildings in Phase I.
are not changed by the plat.
prior to the next Council meeting, staff would recommend both preliminary and
final plat approval at this time. All conditions in the redevelopment agreement
have been met, including subdivision dedication. At its meeting of July 5, 1989,
the Community Development and Planning Commission recommended subdivision
The design and location of the condominium buildings
Since the sale and closing of Lot 3 is scheduled
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approval. Planner Larsen pointed out that there is a
Abstract. Thus
as an outlot.
problem with some of the
a small portion of the plat property being Torrens and- some being
in the southwest comer is identified
Member Rice introduced the following resolution and moved its adoption, with
waiver of second reading:
RESOLUTION APPROVING
THE HOMES OF CENTENNIAL TAKES
I
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "THE HOMES OF CENTENNIBL IAKES", platted by Centennial Lakes
Housing Partnership, a Minnesota general partnership, and United Mortgage
Corporation, a Minnesota corporation, and presented at the regular meeting of the
City Council of July 24, 1989 be and is hereby granted final plat approval.
Motion for adoption of the resolution was seconded by Member Smith.
Rollcall :
Ayes: Paulus, Rice, Smith, Richards
(Member Kelly was absent for the vote.)
Resolution adopted.
*VACATION OF PORTION OF RIGHT OF WAY FOR EDINBOROUGH WAY GRANTED Affidavits of
Notice were presented, approved and ordered placed on file.
notice given, a public hearing was conducted on the request for vacation of a
portion of right of way for Edinborough Way.
heard.
Motion vas made by Member Smith and vas seconded by Member Kelly for adoption of
the following resolution:
Pursuant to due
No public comment or objection was
RESOLUTION VACATING
EASEMENT FOR STREET PURPOSES
W3ELUUS. a resolution of the City Council, adopted the 19th day of June, 1989,
fixed a date for a public hearing on a proposed vacation of easement for street
purposes; and
W3EREAS, two weeks' published and posted notice of said hearing vas given and the
hearing was held on the 24th day of July, 1989, at which time all persons desiring
to be heard were given an opportunity to be heard thereon; and
WTEREAS, the Council deems it to be in the best interest of the City and of the
public that said easement vacation be made; and
W3EREAS, the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to which the
vacation affects the authority of any person, corporation, or municipality owning
or controlling electric, telephone or cable television poles and lines, gas and
sever lines, or water pipes, mains, and hydrants on or under the area of the
proposed vacation, to continue maintaining the same, or to enter upon such
easement area or portion thereof vacated to maintain, repair, replace, remove, or
otherwise attend thereto;
BOW, TEEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
'County, Minnesota, that the following described street right of way is hereby
vacated:
All that part of EDINBOROUGH WAY, as donated and dedicated by SOUTH EDINA
DEVELOPMENT ADDITION, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
Beginning at the northeast corner of LOT 1, BLOCK 2, said SOUTH
EDINA DEVELOPMENT ADDITION; thence on an assumed bearing of
South 00 degrees 14 minutes 09 seconds East, along the easterly
line of said LOT 1 for 100.00 feet; thence South 18 degrees
40 minutes 15 seconds East, continuing along said easterly line
for 63.25 feet; thence North 00 degrees 14 minutes 09 seconds
west for 159.90 feet to an intersection with the easterly extension
of the northerly line of said LOT 1, thence North 89 degrees
57 minutes 33 seconds West, along said easterly extension for
7/24/89 294
20.00 feet to the point of beginning.
The City Clerk is hereby authorized and directed to cause a notice of completion
of proceedings to be prepared, entered in the transfer record of the County
Aditor, and filed vith the County Recorder, in accordance vith Minnesota
Statutes, Section 412.851. I Resolution adopted on rollcall vote, five ayes.
PIJBIZG IEARJXG HELD TO CONSIDW 0RDI"CE PROHIBITING PLASTIC PAWGING;
ReSOUPTION ADOPTED ADVOCATING IZGISLATION RELATIVE TO PLASTIC PACKAGING
Affidavits of Notice were presented, approved and ordered placed on file.
Rosland said that this hearing is to cons.ider a draft ordinance which would
prohibit the use of plastic packaging by food establishments which is not
environmentally acceptable.
Chandler, Recycling Coordinator, and the Recycling Commission. The cities of
Minneapolis, St. Paul, Shoreview, Robbinsdale, St. Louis Park and Coon Rapids have
passed packaging ordinances. Eden Prairie has given the first reading and several
cities are considering adoption.
On July 10 the Hennepin County Recycling Task Force recommended that the County
adopt the Minneapolis Packaging Ordinance, effective July, 1991. The Task Force
further recommended that the County encourage food service establishments and
other industries to establish their own collection system for reuse or recycling
of plastic utensil and packaging items.
Regarding enforcement, the Minneapolis Ordinance will be enforced by their
Environmental Health Department who makes regular inspections of food
establishments.
assist in developing rules and standards for enforcement. Some cities which have
passed the ordinance have a representative on the Minneapolis-St. Paul Advisory
Committee and Edina could also request to be represented. In this way the rules
and policies adopted for enforcement will be consistent throughout the area.
Additional City staff time would be required to follow through with enforcement.
Manager
He summarized a memorandum on the subject from Janet
Minneapolis and St. Paul together have hired a consultant to
I
Representatives of the plastics industry oppose efforts to ban or restrict the use
of plastic products.
they are harmless when landfilled.
cause harmful emissions in a properly controlled incineration process.
industry is currently working to set up recycling systems and some markets are
available now.
They point out that, since plastics are inert materials,
Further, they believe that plastics will not
The
The Pollution Control Agency feels it is better to bum plastic than to landfill
it because of the energy captured in the incineration process.
see more emphasis on waste reduction in general.
Concerning plastic recycling in Edina, the recycling contract calls for a
receptacle for plastic to be installed at the Recycling Center by November 1 with
BFI to service the receptacle and market the materials.
to cover the added costs of picking up plastics in 1990 through funding contracts
with the cities.
program is a challenge. Although markets are developing for PET (pop bottle) and
HDPE (milk carton) plastics, there is not an opportunity to recycle styrofoan or
styrene containers at the present time in this area.
Manager Rosland concluded his summary noting that staff would recommend adoption
of a packaging ordinance with an effective date of July 1, 1990 and also applying
for representation on the Minneapolis-St. Paul Advisory Committee so that Edina's
rules and standards for enforcement will be consistent with that of neighboring
cities. The Recycling Commission met on July 10 and agreed, on a 4-1 vote, as
follows: 1) Council should adopt a packaging ordinance effective July 1, 1990 with
rules for enforcement the same as other communities, and 2) The Recycling
They would like to
Hennepin County is likely .
For the commercial sector, working out a plastic recycling
7/24/89 295
Commission should not be the enforcers.
regulations would be best.
They agreed that statewide or countywide
Mayor Richards referred to a draft resolution concerning plastic packaging that
had been proposed by Member Smith and asked for comments.
that the resolution would indicate Edina's support of legislation imposing
regulations on plastic packaging in the seven-county metropolitan area and would
request the Metropolitan Council to advocate such legislation.
adoption of the resolution in lieu of adopting an ordinance.
Member Smith summarized
He proposed
Member Paulus commented that she wou1.d vote in favor of adopting the ordinance
because she felt the problem is so great that we cannot wait for the State to
enact legislation. Also, because abutting municipalities have adopted a similar
ordinance we would be sending a message to the Metropolitan Council and the State
Legislature about the seriousness of this issue.
Member Rice said that he was not in favor of the ordinance at this time because he
felt that it is a broader issue than can be resolved by the Council.
would like to hear from those present that have experience with this and that,
personally, he was confused about what really is the truth.
He said he
Member Kelly commented that she also was not in favor of adopting the ordinance at
this time. She said she had attended a meeting of the AMM with Manager Rosland
this past week, that they are well aware of the problem and are proposing a
prototype resolution relating to plastic packaging.
awareness is growing but without working together this problem will not be solved.
Mayor Richards then called for public comment on the issue of plastic packaging.
Commissioner Randy Johnson, 2nd District Hennepin County, explained the County's
position on the issue, and summarized the County's solid waste plan and how
recycling fits in. Approximately 3,300 tons of garbage is generated per day in
Hennepin County with 75% going to landfills.
requires that by 1990 no more unprocessed waste can go to landfills.
adopted a new environmental plan a few years ago for composting and recycling.
1991 they expect to be recycling and composting close to 50% of the total waste
stream. He referred to the Minneapolis/St. Paul ordinances and said if plastic
packaging is banned it would be a major step backwards for the environment and
public health. He said that, for most food packaging purposes, plastic is at
least as good or probably better for the environment than the alternative.
She said national public
The Solid Waste Management Act
The County
By
Commissioner Johnson said that proponents for banning plastic packaging usually
give three reasons: 1) Plastic produces harmful emissions when incinerated, 2)
Plastic is unsafe in landfills, and 3) Plastic cannot be recycled. He said all
three statements are wrong.
plastic food packaging by law (no lead, cadmium or mercury). People say dioxins
and furans come from burning plastic; the fact is they come from incomplete
combustion of chlorine. There is no chlorine in plastic food packaging with the
exception of polyvinylchloride (PVC) and a few very limited applications. Most
PVC food packaging is meat foodwrap which is exempted from the Minneapolis
ordinance. As to being unsafe in landfills, he said there is no metal and it is
stable and inert, producing neither methane nor leachate. It does not decompose .
and therefore is better to put in landfills as it does not giv.e rise to other
problems. They argue that everything should decompose and degrade. However, upon
examination of 20-year old landfills it has been found that nothing really
decomposes. They also argue that plastics have too much volume for landfills and
quote that it is 7% by weight and 30% by volume.
landfill, plastic is still 7% by weight but studies have shown that it is reduced
to about 10-11% by volume.
Johnson said that hi-density polyethylene (HDPE) (milk jugs) and polyethylene
terepthalate (PET) (pop bottles) are recyclable. These items, properly washed and
As to the first, there can be no heavy metals in
After being compacted in a
Regarding plastic not being recyclable, Commissioner
7/ 241 89 296
ground, are worth as much as $200-500 per ton in a recycling program.
are worth more than anything else in the waste stream that can be recycled except
aluminum. The
local plastics industry use or want to use post consumer ground material because
it is almost as good as the virgin material. The problem is that it is not being
collected for recycling yet in this area.
about is polystyrene foam (egg cartons and cups).
type because it contains chlorofluorocarbons (CFC).
products used in this part of the country contains CFC because the largest local
manufacturer (Amoco - Chippewa Falls, WI) has never used CFC. There is a market
for clean, washed polystyrene foam, with.collection the basic problem.
Plastics
I He noted that there is a strong local market to buy this plastic.
A third type that people get upset
They say we should ban this
None of the polystyrene foam
Commissioner Johnson said that there are several problems with recycling plastic.
The attraction of plastic is that it is light weight and covers a lot of product.
However, when you collect it in a truck you are transporting a lot of air, which
is expensive, and somehow it must be densified.
working on compactors to be available for the trucks that collect plastic. He
illustrated a low-tech way to densify plastics by stepping on a pop bottle - 60%
densification with no compactor. He observed that there has been a lot of talk
about recycling plastics into landscape timbers, picnic tables, car stops, etc.
However, the best value for all plastic recyclables is to get it back to the basic
resin types, hi-density or PET for which there are many potential uses. Material
that is left, mixed plastic and unidentified resin, can be used for such items as
landscape timbers.
He noted that the County is
He stated that the Minneapolis ordinance is irrelevant to what is going on in
Hennepin County. The County Board plans next year to require every city that is
part of the recycling program and who accepts up to the 80% reimbursement fee to
pick up plastic, at least the hi-density polyethlene and PET in order to remain
eligible. If a city wants to ban plastic packaging and at the same time pick it
up for recycling they can, but it does not make a lot of sense. He said cities
would be collecting it because it is too valuable to ban and too valuable to throw
away and is more sanitary and safer than other packaging options.
Control Agency (PCA) is moving in the same direction. The same week the
Minneapolis ordinance was passed the PCA awarded a $30,000 grant to a Florida firm
to explore the economic feasibility of locating their grinding, washing and
plastic processing here in the Twin Cities.
I
The Pollution
As to things local government can do, Commissioner Johnson said that banning
plastic is not one of them. He suggested the following: 1) Buy more recycled
products, e.g. paper, tires, containers, 2) Photocopy on both sides of paper, 3)
Continue the source separation and collection efforts already begun (some cities
have achieved rates that exceed the 1991 goals), and 4) Continue household
hazardous waste drop-off programs. In conclusion, Commissioner Johnson said that
if the City is serious about the ban they should look at each type of material and
be objective.
volume users with no big subsidy required, beginning next year when the County has
everything in place.
There is no reason that polystyrene cannot be recycled by high
Levering Wood, Recycling Commission Member, said he was the only person on the
Commission that voted against the proposed ordinance. He said all members of the
Commission want to do something about getting plastic out of the waste stream and
the only disagreement is how to do it.
and not do something drastic like banning plastic packaging.
this is outside of the local jurisdiction and is not a city or county issue, but a
state issue. Another reason was that we have not dealt with the economic and
competitive hardships that would impact Edina's small businesses. As written, the
proposed ordinance is somewhat clumsy in terms of administrative functions and he
said he felt the members of the Commission should not have to be "plastics
policemen".
He said we should recycle more material
Also, he said that
He said if the ordinance is adopted he for one would not have the
7/24/89 297
time or be willing to be involved in enforcement.
putting these dollars into a program that would ban plastic packaging the City
should instead put that money into a commercial recycling program.
Ardythe Buerosse, Recycling Commission Chair, commented that the proposed
ordinance does not necessarily ban plastic packaging.
of packaging which is not environmentally acceptable.
recyclable packaging if that would then be recycled.
He concluded that instead of
It would prohibit the use
It would not apply to
Steve Sando, Recycling Commission Member, commented that one of the reasons why
the Commission voted for the ordinance was to press the issue.
that unless this type of action is taken the plastic industry would'drag its feet.
The purpose was to send a message that the communities are serious about this
issue and they need to set up a process to bring this plastic back into the system
to be recycled.
They were afraid
Dottie Rietow, Metropolitan Council Member and Vice Chairperson of the
Environmental Resource Committee, said she came to listen to the debate on this
issue but on hearing the Metropolitan Council mentioned she felt she should give
an overview of what the Council is doing on this issue.
long way since the passage of the Waste Management Act and that a lot of it has
been a learning process.
too well (recycling pickup of newspapers).
markets for recyclables and that recycling product is only truly recycled after it
has been source separated, collected, and reused in a useable product.
She said they have come a
Part of the system has worked well and part has worked
They have learned that there must be
Ms. Rietow advised that the Metropolitan Council is in the process of rewriting
their solid waste policy plan.
(create less waste), 2) Recycle together with using recycled products.
recovery processes, the refuse derived fuel and the mass burn are the next items
on their priority list, with landfills stated as the least favored solution for
solid waste disposal. Also
it is very important to remove the problem wastes from the waste stream. Those
include batteries and plastics.
They st'ill have the same goals: 1) Abatement
The energy
She said that burn facilities are not easy to site.
She pointed out that the basic problem in creating recycled products is that a
company have enough of a stream of recyclables to produce the product - it is a
chicken/egg thing - what do you have first.
looking at now is how to develop a plan that meets the goals set and but has
economic incentives to promote that goal.
than that of energy burning plants so that it makes more sense to landfill it
doesn't work.
know how to deal with it appropriately.
now looking at this issue more has something to do with the kind of ordinance
Minneapolis has passed. Packaging ordinances probably belong at the national
level but it is important that we all work together to get a system that works in
an economically feasible way for the least possible cost.
Dave Locey, President: of Recycle Minnesota Resources (RMR) and Executive Vice
President of the Soft Drink Association, stated that his firm processes and
markets 75% of the material under a contract with BFI which includes recyclables
from Edina along with material from Minneapolis and Dakota County.
operates the Burnsville and Minneapolis recycling'facilities and one in St. Paul.
Mr. Locey said he had met with numerous plastic companies and has had calls from
about 13-14 companies within the last three weeks.
for recyclable plastic.
collection and processing.
BFI in regard to this issue.
here in approximately two weeks.
try out.
The basic thing the Council is
When landfill tipping fees are less .
Plastics are a growing part of the waste stream and they want to
The fact that the plastics industry is
.
RMR also
There is a strong market there
They are anxious to buy the material, the problem is
He said they have been talking with.John Moorland of
He mentioned that BFI has a truck that should be
Also, RMR is ordering a densification unit to
He said the best answer right now is to have the consumer densify it at
298 7/24/89
the house which would take of the problem even in the household recycling
container.
products. Obviously, consumer education plays a great deal in this issue. The
hangup is that some products come in two different forms of plastics; one form may
contaminate the waste stream if they chose not to separate back at their central
facility. Personally, he said that trying to separate the types of plastics is an
inefficient process and the end result probably will be baling the material mixed
to be sent to a national firm.
Mr. Locey said that the problem with the Minneapolis ordinance is that it tries to
define products for collection. In other words, if you chose to collect it then
it is okay, it is recyclable and then we will allow you to sell it.
chose to collect it then it is not okay and it is banned. He indicated that RMR
may chose to not take certain products into their collection system because they.
will contaminate all the other recyclables, although the product they chose not to
collect may be just as recyclable. He said that at this point in time we really
don't know the answers and that decisions made on products based on being
"environmentally acceptable" may not be workable. The focus should be on
recycling the containers and not on banning them.
He said they believe the end result is to look at a broad spectrum of I
If you don't
Michael Flannagan introduced himself as the Minneapolis attorney representing the
Council for Solid Waste Solutions which is the plastics industry which has been
referred to in the discussions. He assured that the plastics industry has gotten
the message that plastics must be recycled.
thought to be the answer but they now know they have to recycle.
commitment.
and that will be here soon.
Two years ago incineration was
He provided a
\ data packet and referred to newspaper headlines therein reflecting this
He concluded by saying there will be a secondary market for plastics
Bill Barnhart, City of Minneapolis - Office of Intergovernmental Relations,
observed that the City of Minneapolis was the first city to pass the ordinance
banning plastic packaging. He said he disagreed with nothing that had been said
on the end market of recycling resins.
with all the problems that are present now in the collection system for plastic.
He concurred that there has been phenomenal movement in the last six months by the
industry towards the opening of plants nationally and development of new concepts
and markets. Mr. Barnhart pointed out that the Minneapolis ordinance is not aimed
at discriminating against plastics per se and is not about picking up plastics.
That what it is about is designing a waste stream to maximum the waste management
options at the top end of the waste management hierarchy, e.g. source reduction,
re-use and recycling, to minimize landfilling and incineration.
Mr. Bamhart noted that under the ordinance if Minneapolis banned plastic and
collected plastic - that doesn't occur because if they collect plastics they are
notbanned, they are allowed.
that what is needed is selective bans on certain types of plastics.
that if they picked up HDPE and PET the effect may be selected bans.
Mr. Bamhart responded to the four questions that had been raised. Withstanding
legal challenge : He referred to a case in Minnesota when plastic milk jugs were
banned in 1979 which was taken to the Supreme Court. The State won on virtually
every count.
Enforcement - An Advisory Committee on Environmentally Acceptable Packaging has
been formed with 21 members and representation from three generic groups, e.g.
plastics industry, food industry, and government. Also, a consultant (food
packaging engineer) has been hired to work with the Committee to develop rules and
standards for enforcement. Island effect - He noted that approximately 745,000
people are covered by the island which includes Minneapolis, St. Paul, Coon
Rapids, St. Louis Park, Robbinsdale and Shoreview who have passed the ordinance
with several more cities considering a similar ordinance. Nationally, over 125
He stated that he agreed wholeheartedly
He also referred to Commissioner Johnson's comment
He argued
The key to the law would be the regulations that go.with it.
I
7 124189
299
cities have passed ordinances and the City of Chicago has introduced it.
requests have been received for copies of the ordinance.
level of government - It is the position of the City of Minneapolis that this
should be regulated at the state and national level.
the ability of state legislators and Congress being able to do this because of
political gridlock induced by special interest groups.
Member Smith commented that he would not like to move ahead on the draft ordinance
as presented and that he felt what people are talking about is the concept of the
ordinance. At this point he said this would be premature and he would like to see
staff and the Recycling Commission work with BFI and then come back with a
recommendation as to how and when we can begin recycling plastics.
followed on the draft resolution suggested by Member Smith.
introduced the following revised resolution and moved its adoption:
RESOLUTION
IUEREAS, discarded packaging from food and beverages constitutes a significant and
growing portion of the waste stream in the Twin Cities Hetropolitan Area, and
WHEREAS, plastic packaging can best be regulated on a region-wide basis in order
to provide uniform standards and regulations and to reduce the cost of
enforcement.
NOW, TEEREFORE, BE IT RESOLVED, That the City Council of the City of Edina
supports legislation imposing rules and regulations on plastic packaging in the
seven-county metropolitan area.
FURTEER, BE IT RESOLVED, That the City Council requests the Hetropolitan Council
of the Twin Cities area, to advocate uniform local legislation that would provide
uniform standards and regulations for all cities in the seven-county metropolitan
area relative to the prohibition and recycling of plastic packaging.
Motion for adoption of the resolution was seconded by Member Kelly.
Over 300
Should be done at higher
There is some concern about
Discussion
Hember Smith then
Rollcall :
Ayes: Kelly, Rice, Smith
Nays: Paulus, Richards
Resolution adopted.
FIRST REBDING OF PERSONNEL ORDINANCE NO. 122 CONTINUED TO 8/7/89
presented the draft Personnel Ordinance No. 122 and the new Employee Handbook.
noted the following recommended changes in benefits:
1) employment between 10 and 15 years (Sec. 9(b)).
2) hours to 240 hours (Sec. 9(f)).
3) Severance pay is increased from 4 weeks to 6 weeks (Sec. 17(b)).
He noted that otherwise the wording of the Ordinance reflects the way we function
presently and adoption is recommended.
Member Kelly said she was pleased to finally see the Ordinance and that she could
approve it in concept but had some questions about the organization chart. Mayor
Richards commented that the changes in benefits would involve additional costs and
that he could not support adoption without knowing what those costs are. Members
Smith and Paulus said they concurred.
Manager Rosland
He
One additional day of vacation is given to employees for each year of
Accrued vacation paid for at time employment is ended is increased from 208
Member Paulus made a motion to continue First Reading of Personnel Ordinance No.
122 to August 7, 1989 and to direct staff to bring back figures concerning costs
for the recommended changes in benefits. Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*BID AWARDED FOR CENTENNIAL LAKES BRIDGE IMPROVJMEXC PROJECT NO. BA-289A Hotion
was made by Hember Smith and was seconded by Hember Kelly for award of bid for
Centennial Lakes Bridge Improvement Project No. BA-289A to recommended lov bidder,
Lunda Construction, at $746,102.40.
300 7/24/89
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR CELORR?ATORS FOR vEI;Ls
seconded by Member Kelly for avard of bid for four chlorinators for wells to
recommended low bidder, Vess Company, Inc., at $6,624.00.
Motion was made by Member Smith and vas
Motion carried on rollcall vote, five ayes.
-' TRAFFIC SAFETY COMMITTEE Ht"ES OF 7/18/89 APPROVED
-of the following recommended action listed in Section A of the Traffic Safety
Committee Minutes of July 18, 1989:
1) To "One Way" stripe the Uest 49 1/2 Street Hunicipal Parking Lot and allov
parking for three vehicles on the east curb line and one vehicle on the vest curb
line while staying within the Ordinance dimension guidelines,
2) Street and Grimes Avenue, and to post "PARK-PUYGROUND" signs in the area of the
park property, and to assign the Traffic Enforcement Unit to West 44th Street for
enforcement efforts,
3) To stripe West 70th Street vest of Highway 100 to Antrim Road and also Cahill
Road in a similar layout to portions east of Highway 100 and to conduct a warrant
study on a 3-way "STOP" sign placement at Tracy Avenue and West 70th Street,
4)
advisory speed signs, and review by the Park Department for minimal trimming in
the most blind areas,
5) To post a "DO NOT ENTER" sign on the east frontage road at West 66th Street
and Highway 100,
and to aclmowledge Sections B and C of the Hjnutes.
Motion for approval was seconded by Member Smith.
Member Kelly moved approval
To Post "30 BPH" speed limit signs east and vest of the park area at West 44th
To paint a yellov centerline stripe on Dakota Trail, to place appropriate
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
WN-SALE WINE LICENSE APPROVED FOR BUVO! ITALIAN SPECIALTIES (3910-12 8. 50TH ST)
Motion was made by Member Smith and was seconded by Member Kelly to approve
issuance of an On-sale Wine License to Bravo! Italian Specialties restaurant at
3910-12 West 50th Street.
Motion carried on rollcall vote, five ayes. _.
APPROVAL OF JOINT POWERS AGREEXENT - MINNESOTA DRIVE CONTINUED TO 8/21/89 Member
Kelly made a motion to continue approval of the Joint Powers Agreement - Minnesota
Drive to August 21, 1989. Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
ROBERT Sm REAPPOINTED TO THE EDINA FOUNDATION BOARD: APPOINTMENT TO COMMUNITY
EDUCATION SERVICES BOARD CONTINDED TO 8/7/89
Robert Sherman be reappointed to The Edina Foundation Board.
by Member Rice.
Mayor Richards suggested that the Council Members submit names to him for
appointment to the Community Education Services Board and that the matter be
continued to August 7, 1989.
Member Kelly made a motion that
Motion was seconded
Ayes: Kelly, Paulus, Rice, Smith, Richards
APP0I"TS HADE TO COMMUNITY ENWGP COUNCIL Manager Rosland recalled that on
April 3, 1989 the Council voted to participate in the Governor's Community Energy
Program which would provide weatherization services to Edina and Hopkins
residents.
established with three individuals representing Edina.
appointment of Lyman Antonson, Brian Duoos and Roger Heegaard.
To guide the two-year program a Community Energy Council will be
Staff would recommend
30 1
Member Smith made a motion that Lyman Antonson, Brian Duoos and Roger Heegaard be
appointed to the Community Energy Council as representatives of Edina.
seconded by Member Paulus.
Motion was
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
WATERWBIN IHPROVTCMENT NO. WM-370 AUTHORIZED: BID AWARDED Motion of Member Smith
was seconded by Member Kelly for adoption of the following resolution:
RESOLUTION ORDERING WA- IMPROVEMENT NO. WM-370
I
UPON PETITION TBEREFORE
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct a watermain improvement at 10 Woodland Road and 11
Woodland Road, and to assess the entire cost against the property of petitioners,
and that said petition has been signed by all owners of real property where said
improvement is to be located.
2. The making of said improvement in accordance with said petition is hereby
ordered pursuant to Mbnesota Statutes, Section 429.031(3), (Session Laws of 1961,
Chapter 525, Section 2).
referred to in all subsequent proceedings as VATEXMAIN IMPROVEMENT NO. WM-370.
The entire cost of said improvement is hereby ordered to be assessed against the
properties at 10 Woodland Road and 11Woodland Road where said improvement is to
be located.
Motion of Member Smith was seconded by Member Kelly for award of bid for
construction of Watermain Improvement No. WM-370 to recommended low bidder,
Plumbing & Heating Repair, Inc., at $5990.00.
Motion carried on rollcall vote, five ayes.
Said improvement is hereby designated and shall be
Resolution adopted on rollcall vote, five ayes.
*CENTENNIAL IAKES PUBLIC IMPROVEMENTS BA-290 AND STS-197 AUTHORIZED: BIDS TO BE
TAKEN
adoption of the following resolution:
Motion was made by Member Smith and was seconded by Member Kelly for
RESOLUTION ORDERING CENTENNIAL IAKES PUBLIC IMPROVEMENTS,
STREET IMPROVTCMENT NO. BA-290 AND STORM SEWER IMPROVEMENT
NO. STS-197 UPON PETITION THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct public improvements in the Centennial Lakes Project and
to assess the entire cost against Phase I of Centennial Lakes except for the
stormwater utility portion.
2. The making of said improvement in accordance with said petition is hereby
ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of
1961, Chapter 525, Section 2). Said improvements are hereby designated and shall
be referred to in all subsequent proceedings as:
STREET IMPROVEMENT NO. BA-290
STORM SEVW IMPROVEMENT NO. STS-197.
The entire cost of said improvements is hereby ordered to be assessed against the
properties in Phase I of Centennial Lakes, except that for the storm sewer
improvement approximately $130,000 will be funded from the stormwater utility.
Resolution adopted on rollcall vote, five ayes.
Motion of Member Smith was seconded by Member Kelly for adoption of the following
resolution:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND
DIRECTING ADVERTISEWENT FOR BIDS
FOR STREET IMPROVEMENT NO. BA-290 AND
STORM SEVW IMPROVEMENT NO. STS-197
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA:
302 7/24/89
1. The plans and specifications for the proposed improvements set forth in tlie
follaving Advertisement for Bids form, heretofore prepared by the City Engineer
and nov on file in the office of the City Clerk are hereby approved.
2.
Construction Bulletin the following notice of bids for improvements:
(Official Publication)
CITY OF EDINA AND HOUSING AND REDEVELOPMENT AUTHORIfl
4801U. 50TH STaEET
EDINA, MINNESO~ 55424
ADVERTISEMENT FOR BIDS
I The Clerk shall cause to be published in the Edina Sun-Current and
CENTENNIBL LBKES 8TaEET IMPROVEMENT -
INCLUDES STORM SECTERS, LIGHTING & IANDSCAPING
IHPROVHEN!l! PROJECT NOS. EA-189, EA-290, STS-197 AND STS-l98(HRA)
SAP 102-136-10
BIDS CLOSE AUGUST 17, 1989
SEALED BIDS will be received and opened in the Council Chambers in Edina City
Hall, 4801West 50th Street at 11:OO A.M., Thursday, August 17, 1989. The Edina
City Council will meet at 7:OO P.M., Monday, August 21, 1989, to consider said
bids.
4,300 I;p 12" to 72" Storm Sewer
7,000 TONS Aggregate Base (Crushed Concrete)
3,200 TONS Bihrminous Base Course
1,600 TONS Bituminous Wear Course
The following are approximate major quantities:
All in accordance with Plans and Specifications prepared by the engineer, BRW,
Inc. and available at the office of the consulting engineer, 700 Third Street
South, Minneapolis, Mhnesota 55415, and on file with the Executive Director and
City Engineer.
Plans and Specifications incorporating the work for the projects may be examined
at the City Hall and at the office of BRW, Inc.
Inc., upon deposit of $25.00 for each set, all of which deposit will be refunded
to each planholder vho returns the Plans and Specifications in good condition to
the consulting engineer within ten (10) days after the date of opening bids.
Bids shall be in a sealed envelope with a statement thereon showing the work
covered by the bid.
4801Uest 50th Street, Edina, Mhnesota 55424, and may be mailed or submitted
personally to the City Engineer.
through the mail or by personal submission, after the time set for receiving them
may be returned unopened.
Work must be done as described in plans and specifications on file in the office
of the City Engineer. No bids will be considered unless sealed and accompanied by
bid bond or certified check payable to the City of Edina in the amount of at least
ten (10) percent of all bids.
BY ORDER OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY AND EDINA CITY COUNCIL.
Gordon Eughes
Executive Director (HBB)
Marcella M. Daehn
City Clerk
I COPIES may be obtained from BRW,
Bids should be addressed to the City Engineer, City of Ed-,
Bids received by the City Engineer, either
Resolution adopted on rollcall vote, five ayes.
1-494 JOINT POWERS ORGANIZATION TO WORK ON ORDINANCE CONCERNING LBND USAGES
Member Paulus reported that at the last 1-494 Joint Powers Organization (JPO)
meeting they approved an agreement in which the five participating municipalities .
would work together to create an ordinance concerning land usages because of the
impact on 1-494 of the number of large office buildings. She said that Minnetonka
has volunteered their legal counsel and the rest of the cities will donate staff
hours.
COIMENT HADE REGARDING ROOM & BOARD SIGN Member Rice referred to the Room & Board
sign on the rear of their building at 7100 France Avenue and commented that he
feels it is offensive and if legal we should consider chang'ing the ordinance.
.> 7/24/89 303
Member Smith noted that the sign is not turned off after store hours as promised.
ELM TREES ON SOUTH SIDE OF GRACE CHURCH MENTIONED Member Rice said that several
elm trees on the south side of Grace Church look diseased and asked that they be .3 checked.
STAF'F COWPLIHENTED FOR WEED REMOVAL AT CITY
for the weed removal from the retaining wall in front of City Hall.
Member Rice complimented staff
He said that - the same should be done on the west side.
MANAGER COW-: PARKING REQUES'IIED
recent AMM meeting with Manager Rosland and had observed how well respected he is
by other governmental officials as well as citizens. She also asked about the
possibility of reserved parking on Council Meeting nights for Council Members.
Member Kelly said that she had attended a
MICHAEL DUCAR LeTTER CONCERNING TREE PLANTING PROGRAM NOTED
to a letter she had received from Michael Ducar, 4616 Wooddale Avenue, concerning
a tree planting program for the City and asked that copies be provided to the
Council Members so that this could be considered at budget hearing time.
Member Kelly referred
ANALYSIS OF RECYCLING COSTS FROM BPI REQUESTED Member Smith said he would like to
have an analysis from BFI on recycling costs and how it is impacting the trash
hauling. He said he felt costs on both are going up.
CONCERN NOTED REGARDING PROCEDURE FOR REZONING AND PLATTING AND COMMUNICATION
BETWEEN PROPONENTS AND IMPACTED NEIGHBORHOODS Member Paulus commented that 70% of
the problems that are brought to public hearings on rezoning and platting could be
corrected if there were better communication between the proponents and affected
neighbors.
would be required early on to work with neighborhoods that are impacted.
Member Paulus also asked if somehow churches and schools that impact neighborhoods
could be required to hold open meetings once a year to talk about problems.
suggested these items be put on an upcoming agenda for discussion.
She asked if the procedure could be re-written so that the proponents
She
1989 NLC CONGRESS OF CITIES DISCUSSION DEFERRED TO 8/7/89 Mayor Richards
suggested that a discussion on the upcoming 1989 NLC Congress of Cities to be held
on November 15-19 in Atlanta be deferred to August 7, 1989.
REPORT ON ENTERPRISE FUNDS DEFERRED TO 8/7/89
report on the enterprise funds be deferred to August 7, 1989 because of the late
hour.
Mayor Richards asked that the
CLAIMS PAID Motion of Member Smith was seconded by Member Kelly to approve
payment of the following claims as per pre-list dated 7/24/89: General Fund
$1,865,792.87, Comatunications $42.03, Art Center $2,183.93, Capital Fund $985.98,
Swimming Pool Fund $3,964.18, Golf Course Fund $31,853.61, Recreation Center Fund
$49,976.17, Gun Range Fund $231.28, Edinborough Park $8,328.38, Utility Fund
$154,576.08, Storm Sewer Utility $115,512.58, Liquor Dispensary Fund $134,161.38,
Construction Fund $211,276.42, IMP Bond Redemption #2 $349,470.02, Total
$2,928,354.91; and to confirm payment of claims dated 6/30/89: General Fund
$306,836.54, C.D.B.G. $171.60, Art Center $1,395.71, Swimming.Poo1 Fund $1,547.13,
Golf Course Fund $24,007.28, Recreation Center Fund $9,916.79, Gun Range Fund
$515.48, Edinborough Park $11,238.20, Utility Fund $26,153.80, Liquor Dispensary
Fund $340,378.94, Construction Fund $7,365.90, Total $729,527.37
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 11:50 p.m.
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City Clerk