Loading...
HomeMy WebLinkAbout19900604_regular93 MEmTES OF TEE REGULAR MEETING OF TBE ED= CITY COUNCIL HELD AT CITP JUNE 4, 1990 ROLTXALL Answering rollcall were Members Kelly, Paulus, Rice and Mayor Richards. KIDS CLUB lOTH ANNIVERSARY PROCLAIMED Mayor Richards read the folloving Proclamation which vas adopted unanimously: PROCLAMATION WHEREAS, Edina Kids Club is celebrating ten years of before and after-school child care to the children of Edina; and PHEaEpls, Edina Kids Club has gram from a staff of five serving 50 children to a staff of 40 serving 500 children; and WHEREAS, Edina Kids Club's Stated Mission is to provide highest quality, affordable care and enrichment programs to Edina's school age children; and WEEREAS, Edina Kids Club vas the first school-age child care program in Minnesota to be accredited by the National Academy of Early Childhood Programs: and WHEREAS, Edina Kids Club is a pioneer in the development of extended day enrichment programs, including RALLY, Prime Time and Kinder Play; and UHEREAS, Edina Kids Club is served by Director Linda Sisson who is listed as one of five leading authorities on school-age child care by the National Association for the Education of Young Children; and UHEREAS, Edina Kids Club is served by a Parent Advisory Council that has been cited by the Minnesota Department of Education as an outstanding example of effective parent involvement in policy development and program evaluation; and WHEREAS, Edina Kids Club is a safe, happy, enriching environment where children have fun. NOW, THEBEFORE, I, Frederick S. Richards, Mayor of the City of Edina, do hereby proclaim June 14, 1990, as in the City of Edina. ADOPTED this 4th day of June, 1990. KIDS CLUB'S l0TH ANNIVEWARY CONSENT AGmA ITEMS ADOPTED Member Kelly to approve and adopt the consent agenda items as presented. Motion vas made by Member Paulus and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Richards Motion carried. *LOT DIVISION APPROVED FOR LOT 2. BLOCK 1. HCCAULEY HEIGHTS 3RD ADDITION - 6404-6406 MCCAULEY CIRCLE Member Kelly for adoption of the folloving resolution: REEREAS, the following described property is at present a single tract of land: Motion vas made by Member Paulus and vas seconded by RESOLUTION Lot 2, Block 1, MCCAULEY HEIGHTS 3RD ADDITION, according to the recorded plat thereof; and WEEREAS the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follovs: Parcel A - The southvesterly 55.00 feet of Lot 2, Block 1, HCCAULEY HEIGHTS 3RD ADDITION, according to the recorded plat thereof, as measured at a right angle from the southwesterly line thereof. 94 6/4/90 Parcel B - That part of Lot 2, Block 1, MCCAUIZY HEIGHTS 3RD ADDITION, according to the recorded plat thereof, lying northeasterly of the southwesterly 55.00 feet thereof, as measured at a right angle from the southwesterly line thereof. VHEBEhS, it has been determined that compliance vith the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere vith the purposes of the Subdivision and zoning Regulations as contained in the City of Edina Ordinance Nos. 804 and 825; NOW, TEEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and cnmership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 804 and Ordinance No. 825 are hereby vaived to all- said division and conveyance thereof as separate tracts of land but are not vaived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance via the pertinent ordinances of the Ciw of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote, four ayes. *LOT DIVISION - LOT 3. BLOCK 1. S'I'RJXGER'S ADDITION AND LOT 3. BLOCK 1. PATI" ADDITION - 5144 VALIXY VIEW ROAD AND 5149 CODE AVENUE Motion vas made by Member Paulus and vas seconded by Member Kelly for adoption of the folloving resolution: VHEBEhS, the folloving described tracts of land constitute various separate parcels : BESOLUTION Lot 3, Block 1, PAT" ADDITION, and Lot 3, Block 1, STRINGER'S ADDITION VHEBEBS, the owners of the above tracts of land desire to combine said tracts into the folloving described neu and separate parcels (hereln called "Parcels"): Lot 3, Block 1, PAT" ADDITION except that part lying North of a line running from a point on the'West line 50.80 feet South of the Northwest corner of said Lot 3, Block 1, PAT!l!EN ADDITION to a point on the East line of Lot 3, Block 1, PAT" ADDITION 65.0 feet South of the Northeast corner of Lot 3, Block 1, PA- ADDITION and there terminating. Lot 3, Block 1, S!CRII?GERrS ADDITION and that part of Lot 3, Block 1, PAT" ADDmIOH lying North of a line running from a point on the Vest line 50.80 feet South of the Northvest corner of said Lot 3, Block 1, PAT" ADDITION to a point on the East line of Lot 3, Block 1, PAT" ADDITION 65.0 feet South of the Northeast corner of Lot 3, Block 1, PLLTTEPJ ADDITION and there terminating. UEEWA!3, it has been determined that compliance vith the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 804 and 825; I NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 804 and Ordinance No. 825 are hereby vaived to allow said division and cmeyance thereof 6/4/90 95 as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote, four ayes. *HEARING DATE 6/18/90 SET FOR PIANNING MATTER Motion was made by Member Paulus and vas seconded by Member Kelly to set June 18, 1990, as hearing date for the Final Rezoning from PCD-4 to PCD-2, Planned Commercial District, Walgreen's by Semper Holdings. Motion carried on rollcall vote, four ayes. FIRST BEADING GRANTED FOR ORDINANCE NO. 824 - (REQUIRING LICENSES AND ESTABLISHING STANDARDS FOR RESTRICTED ACCESS PARKING LOTS) AND ORDINANCE NO. 171-A33 - (TO ADD FEE FOR LICENSING OF RESTRICTED ACCESS PARKING LOTS) that in accordance with the direction of the Council at its meeting of May 7, 1990, the Ordinance regulating restricted access parking lots has been rewritten and been reviewed by City Attorney Erickson. Copies of the revised Ordinance were distributed to Fairview Southdale Hospital, owners of the Medical Building and Dr. Lambert representing the tenants' group at Southdale Medical Building. Two changes to be noted; one in Section 17, that access is provided to the building through the site without going through gates, pay boxes or taking tickets, to drop-off persons. The only exception would be if the Director of Public Works determines it is not feasible, i.e., would greatly reduce the number of public spaces on site or that it is unsafe. be required. Secondly, the Ordinance is written to be retroactive. The two paid parking lots already in operation would have to comply with the requirements for obtaining a license. The fees (Ordinance 171-A33) are the same as previously discussed and staff feels they are adequate. Attorney Erickson suggested an addition to the wording of Sec. 6, License Fee, to be that the License Fee is paid with the application. Also, the last sentence of Sec. 8 now reads "A certificate of insurance shall be filed with the City Clerk with the application." As to the suggestion that in the heading for Sec. 17 Free Access to Building, the word 'free' be changed to 'clear', Attorney Erickson recommended that the heading read, Access to Building. Planner Craig Larsen stated At that point a 15 minute grace period would Member Rice questioned whether the licensing fee is adequate to cover costs. Manager Rosland said this is an untypical case. place, the review would have been much less time consuming. This will be closely monitored and if the proposed fee does not cover costs, staff will recommend change. Member Rice suggested possible changes in Ordinance No. 824, in Sec. 11, language as 'shall be conspicuously outlined with pavement paint and' should be stricken, and Sec. 15. (a) Attendant Buildings, i.e., exterior wall finishes, specifically the prefinished metal panel portion is a concern and he would like to discuss this type of finish. Member Kelly said she had a concern with the removal of the word 'Free' from Sec. 17, Free Access to Building. She felt the goal of this Ordinance was to maintain the safety and welfare of the citizens via safe access to the building. recommended eliminating paragraph (b) of Sec. 17. If the ordinance had been in She 96 6/4/90 Attorney Erickson stated that concerns over emergency vehicle access is covered in Sec. 13. In Sec. 22, the ordinance becomes retroactive and is the most legally weak point. To impose this ordinance retroactively, to retrofit their lot, this is allowed by the courts but only when the benefit to the public is clearly outweighed by the cost to the property owner. How this function will work is in question, especially at the Fairview Southdale Medical Building. done in a reasonably inexpensive way or not, at this time, is debatable. If cost is prohibitive, Sec. (b) comes into effect. Sec. 17 (b) is a savings clause in case the retroactive effect results in a situation where they cannot comply cost wise. If it can be Member Kelly commented that since the addition to Fairview Hospital and and the buiIding of the parking ramp were done with some public contribution, can we retroactively allow Sec. 17 (b) to compensate for their inability to make the lot pay for itself. Attorney Erickson answered that access via an open lane is not a problem for the hospital, but is for the medical building. Bill Chandler, resident of Edina and Southdale Medical Building tenant, agreed with Member Kelly's comments on Sec. 17 (a) and (b). He stated that the now implemented parking program went through stringent staff review yet has become a tragic problem regarding open access for people, handicapped persons and emergency vehicles. He believed Sec. 17 (a) the first sentence was fine, but felt the second sentence of the same section should be removed. This sentence reads, "However, if in the opinion of the Director/City Engineer, such a driveway is not feasible, or will be unsafe and therefore is not provided for in the parking lot, then the provisions of subsection (b) of this section shall apply." He reminded everyone of the difficult time anyone would have with access to the building if the winter had been a normal one. He asked for clarification of the second sentence, and asked whether the owner could default to Sec. 17, (b) too readily. Mayor Richards commented that if the Ordinance is adopted, we do not know what the Director/City Engineer is going to require regarding implementing the ordinance until the issue comes up. He stated that the Director/City Engineer would have to deal with the property owner when the issues arise. I Paul Belvedeere, DDS, Southdale Medical Building, said that the verbiage in 17 (a), will create questions of whether or not you can force the owner of the building to comply with the ordinance and questioned whether there will be an escape clause. have the public's best interest in mind, and will address that issue and act accordingly. Dr. Belvedeere commented about Sec. 13, Emergency Vehicle Access, and the use of the word 'thing', as it applies to anything that would block access. the lot would have gotten to this point, i.e., long aisles with no turnarounds at the end, permanent blocking and the possibility of having to back out if no parking space is found. (Member Smith entered the meeting at 8:40 P.M.) Mr. Chandler commented that this lot had five entrances and five exits at the start, two gave clear access straight to the main door. implemented as shown by the building owner, it worsens considerably the access and congestion at the main entrance. anywhere on the west side, and makes it move within 10' of the main door. Chandler felt Sec. 18, Alterations, is a very important section. He inquired if Mayor Richards said in his opinion the Director/City Engineer will He also asked, when the Director/City Engineer saw the initial plans, why If the plans are The plan takes every car that wants to park Mr. 6/4/90 97 the building-owners need to acquire approval now as stated in Sec. 18, or can changes be made without approval. Attorney Erickson said at present there is no ordinance regulating private parking lots that are turned into restricted access parking lots. Ordinance 824. Any control over that ty-pe of lot would begin by establishing Member Rice introduced Ordinance No. 824 for first reading as follows: ORDINANCE NO. 824 AN ORDINANCE REQUIKING LICENSES AND ESTABLISHING STANDARDS FOR RESTRICTED ACCESS PARKING LOTS, BElD IMPOSING A PENALTY T'BE CITP COUI?CIL OF TBE CITP OF EDIHB, MINNESOTA, ORDAINS: Section 1. Definitions. "City" means the City of Edina, Minnesota "Council" means the City Council of the City "Director" means the Director of Public Works and Engineering of the City of "Free parking lot" means a parking lot to which access is unrestricted. "Motor vehicle" means every vehicle which is self-propelled and not deriving "Motor vehicle reservoir area" means the area at the entrance of a restricted Ed-, or his designated representative. its power from overhead wires. access parking lot between the public street right-of-way line and the point at which access to the parking lot is restricted. "Parking lot" means any area with ten (10) or more parking spaces used for the parking or storing of motor vehicles, including, without limitation, parking ramps as defined in the Zoning Ordinance, which is operated for the benefit of persons such as, but not limited to, employees, members, customers, patrons, clients or visitors. restricted by mechanical or other means. hereafter be amended, revised or supplemented and including any successor ordinance to said Ordinance No. 825. offer to operate, a restricted access parking lot without a license for that parking lot first being obtained pursuant to this ordinance. Sec. 3. License Procedure and Enforcement Penalty. The provisions of Ordinance No. 141 of the City, including the enforcement and penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses. operate a restricted access parking lot shall file an application with the City Clerk on forms pravided by the Clerk. to the information required by Ordinance No. 141 of the City, a plot plan, the name of the owner of the parking lot and the name of the manager or operator of the parking lot if different from the owner. information as is required by the Zoning Ordinance for the parking lot to be licenses-d, and by other applicable codes, ordinances or regulations of the City, including, without limitation, all entrances and exits, the location of motor vehicle reservoir areas, the interior circulation system of the parking lot, the dimensions and grade of the parking lot and of all entrances and exits, drainage from the parking lot, the location and design of attendant buildings, the location of emergency vehicle access, the location and size of self-senrice ticket vendors, "Restricted access parking lot" means a parking lot to which access is "Zoning Ordinance" means the Ordinance No. 825 of the City as it may now or Sec. 2. License Reauired. No person shall own or operate, or in any way Sec. 4. ADDliCatiOII for License. Any person desiring a license to own or The application shall contain, in addition The plot plan shall show such 9% 6/4/90 landscaping or screening as required by the Zoning Ordinance, the location, size and shape of all signs, the location, height and kind of outdoor lights, and the location, size and shape of all signs, the location, height and kind of outdoor lights, and the location of the free access driveway as and if required by Section 17(a) hereof. No application shall be considered complete unless the plot plan for the parking lot has been determined by the Director to comply with all requirements and standards of this ordinance and other applicable ordinances, codes and regulations of the City. Sac. 5. Procedure: Approval bv Director. Prior to the issuance of a license, the Director shall determine if the par- lot complies with all the provisions and standards of this ordinance and other applicable ordinances, codes and regulations of the City, including, without limitation, the provisions of the Ze Ordinance. made, the City may grant the license. No. 171 of the City, information; itvillnot be a part of this ordinance as adopted. proposed to be as follows; There shall be an original license fee of $500.00 for all restricted access parking lots, payable with the original application. Thereafter, annual license fees shall be: If all such provisions are met, and proper application has been See. 6. License Fee. A license fee shall be paid as provided in Ordinance (Note: The folloving list of fees is for Council The fees are 0 - 50 parkkg spaces $100.00 51 - 100 par- spaces 150.00 101 - 200 parking spaces 250.00 Over 200 parking spaces 400.00 Sec. 7. miration Date. All licenses issued under this ordinance shall expire on the 31st day of December following its date of issuance. Sec. 8. Insurance Reauired. Each licensee under this ordinance at all times shall keep in full force and effect a public liability insurance policy . written by an insurance company authorized to do business in Minnesota, in the folloving nillimrm, amounts: fifty thousand dollars ($50,000) property damage; one hundred thousand dollars ($100,000) for injury or death of one person; and five hundred thousand dollars ($500,000) for injuries or death from each occurrence. certificate of insarance shall be filed vith the City Clerk. this ordinance may be revoked, suspended or denied pursuant to the provisions of Ordinance No. 141 of the City. Violations of any of the terms of this ordinance shall be cause for revocation, suspension, or refusal to renew a license. times as deemed necessary by the City, the Director shall cause every restricted access parking lot located within the City to be inspected. restricted access parking lot is found not in compliance with any of the provisions of this ordinance or of any other applicable ordinance, code or regulation of the City, the City may proceed to enforce this ordinance pursuant to the procedures set out in this ordinance, or Ordinance No. 141 of the City or pursuant to the procedures set out in the ordinance, code or regulation which is not being complied with. Sec. 11. Motor Vehicle Reservoir. A restricted access parking lot shall have a motor vehicle reservoir area at each entrance from a public right-of-vay. The motor vehicle reservoir area for a restricted access parking lot shall have at least four (4) eight and one half (8 1/2) foot by twenty (20) foot spaces. motor vehicle resemair area shall be conspicuously outlined vith pavement paint and shall not be used for the parking or storage of motor vehicles or for any other use ubich hinders, restricts or prevents use of such area as a motor vehicle reservoir. A Sec. 9. Revocation. Sumension. Denial of License. A license granted under Sec. 10. Inspection Rewired: Notice. Correction of Violations. At such In the event a The 6/4/90 99 Sac. 12. Placement of Motor Vehicles. No motor vehicle shall be parked in a manner that would prevent reclamation of any motor vehicle upon request. If claim checks are used to restrict access to the restricted access parking lot, then at not time shall any driver vith a current claim check be refused the opportunity to obtain his motor vehicle, provided the driver has paid accumulated parking charges. be designed or operated in a manner approved by the Director so as to allow emergency vehicles to access the building or buildings served by the restricted access parking lot at any time without a claim check and without going through a motor vehicle resemoir area. kept free of motor vehicles, snow, ice, fill, rubbish, or any other material or thing which will or may block such access. Sec. 14. Claim Check. When a motor vehicle is left for parking in a restricted access parking lot, the driver will be furnished with a claim check on which shall be printed the full name of the operator, the address of the parking lot, the license number under which the parking lot is operating, and the date and time of issuance of the claim check. Sec. 15. Attendant Buildings. Attendant buildings shall be located only at exits to restricted access parking lots and shall be located no closer than twenty (20) feet from the street right-of-way. general design of attendant buildings shall be as follows: Sec. 13. Emernencv Vehicle Access. Each restricted access parking lot shall Such emergency vehicle access at all times shall be Minimum standards for the materials and (a) Attendant buildings shall have a minimum floor area sufficient to accommodate the normal complement of parking lot operating personnel. The building shall be enclosed and weather tight. with an operable and lockable door and window. It shall be set on a curb or platform rising a minimum of six (6) inches above the adjacent lot paving. codes and ordinances of the City. (b) Exterior wall finishes shall be me, or a combination of, the following: face brick, natural stone, glass or prefinished metal panels. (c) All building plans for attendant buildings shall be submitted to the Building Official of the City to determine compliance with this ordinance and all other applicable codes, ordinances and regulations of the City. Attendant buildings shall be kept clean and in good condition and state of repair at all times. Every restricted access parking lot licensee shall maintain information signs in the parking lot as required by this section. There shall be a sign at each entrance to the parking lot, located not further into the parking lot than the point at which access to the parking lot is restricted. licensee, the license number under which the parking lot is operating, and if charges are made, the rates charged for parking or storing motor vehicles on said parking lot. hours and the maximum rate for 24 hours, and if there are no maximum rates, the sign shall so state. Such signs shall also state all special rates, including any weekly or monthly rates. notice of such change has been given not less than 24 hours prior to the effective time of the change by posting the same on the parking lot entrance signs using letters and numbers at least equal in size to the other letters and numbers on such sign. permanently mounted with a minimum distance to the bottom of the sign of three It shall be equipped Service connections shall be in accordance with applicable (d) Sec. 16. Sinns: Charges Limited to Those on Si=. (a) (b) Each such sign shall show the name and telephone number of the Such signs shall state the minimum rate, the maximum rate for 12 No change in the posted rates shall be effective until Such signs shall not exceed two feet by three feet, shall be 100 6/4/90 feet, and a maximum distance to the bottom of the sign of five feet, and shall conform to all City codes, ordinances and regulations regarding erection and construction. color, size of lettering, placement of information and identification symbols. no case shall any letters or numerals be less than tvo inches in height. attendant building except that a sign may be attached or incorporated into the building design vhich specifies the hours of attendant duty, the location of keys after attendant hours, the name, phone number and license number of the licensee, and any other information essential to the normal operation of the lot. unauthorized notor vehicles shall post such practice on a sign at each lot entrance. of the tower used. height. same support or supports as the entrance sign required by subsection (b) of this section, but below such entrance sign. (e) No restricted access parking lot licensee shall charge, or allow to be charged, any greater sum for parking a motor vehicle than is stated on the entrance signs. (f) times. Sec. 17. Free Access to Building. (a) Iayout of sign graphics shall be approved by the Director including In (c) Norsign graphics of any type shall be attached to or displayed on any (d) All restricted access parking lots which engage in towing of In addition, each such sign shall include the name and telephone number Such signs shall exceed one foot by two feet, and shall be located on the Letters on such signs shall be at least one (1) inch in All signs shall be kept in good condition and state of repair at all Each restricted access parking lot shall provide at least one driveway through the parking lot (vhich may be one-vay) giving access to the building or buildings served by the parking lot, with an entrance to and exit fromthe driveway directly to a public street, so that persons can be dropped off and picked up at such building or buildings, at any time, without a claim check and without going through a motor vehicle reservoir area. However, if, in the opinion of the Director, such a drivevay is not feasible, or will be unsafe and therefore is not provided for in the parking lot, then the provisions of subsection (b) of this section shall apply. No licensee shall charge, or allow to be charged, any parking or other fee for any motor vehicle which leaves the restricted access parking lot within fifteen (15) mhutes of the time of entry of such vehicle into such parking lot as shown on the claim check issued to such vehicle. Sec. 18. Alterations. No restricted access parking lot licensee shall make, or allow to be made, any alterations or modifications in the parking lot which varies from the plot plans approved by the Director pursuant to this ordinance for that restricted access parking lot, without prior written approval of the Director. No personnel of a restricted access parking lot shall use or permit the use, for any purpose vhatsoever, of any motor vehicles left in such lot for parking unless authorized in writing by the owner or person in charge of such vehicle. Sec. 20. Transferrinp Vehicle to Another Iat. No restricted access parking lot personnel shall transfer any motor vehicle to another parking lot without the consent of the owner or person in charge of said vehicle unless such vehicle is in such lot without permission or payment. See. 21. Prohibited Acts. The licensee of a restricted access parking lot shall not permit the repairing (except in an emergency), dismantling or wrecking of any motor vehicle, or in the storage of any inoperable vehicles (as defined in Ordinance No. 1031 of the City) on the parking lot. (b) Sec. 19. Unauthorized Use of Vehicles. I 6/4/90 101 Sec. 22. Retroactive Effect. It is intended that this or inance be effective retroactively. Therefore, any parking lot which is a restricted access parking lot on the effective date of this ordinance, within 120 days of the effective date of this ordinance, shall obtain a license under this ordinance for such parking lot, or cease operation as a restricted access parking lot. the penalties set forth in Ordinance No. 175 of the City. imposed in addition to penalties allowed by this ordinance. and publication. Motion was seconded by Member Smith. Sec. 23. Penalty. Any person violating this ordinance shall be subject to Such penalties may be The ordinance shall be in full force and effect immediately upon its passage -Mayor Richards asked for discussion. the meaning of free and clear in the Sec. 17 heading. context is more important than the heading. concurred that the word ‘clear’ be added to Sec. 17, (a) second line. Member Kelly offered an amendment to the motion that subsection (b) in Sec. 17 the last sentence in 17 (a) be eliminated. Member Paulus seconded the motion. Mayor Richards asked for discussion on the amendment. Member Paulus asked if legally this could be challenged in a court of law. Attorney Erickson stated by making an ordinance retroactive and requiring someone to retrofit their parking lot to meet requirements, the courts would need to decide whether there was any benefit to the public that would clearly outweigh the cost to the property owner. If the cost to the property owner is greater than the benefit, they would not approve a retroactive application. would be grandfathered in and that one already has public access. could not challenge this and would have to comply. approved with the amendment, could we be challenged by Southdale Medical. Attorney Erickson stated the balancing test may prove in favor of the City. Member Smith questioned the difference in Attorney Erickson said the Member Smith and Member Kelly Member Paulus asked whether there were two lots that All future lots She asked if the ordinance is Member Rice stated he could not vote for the amendment, because of the advice of Counsel and felt he had confidence in staff to judge what is feasible. Member Smith stated his understanding is that Sec. 17 (b) is unnecessary if clear access was available for pick-up, drop-off of persons. Attorney Erickson stated that Sec. 17 (b) would not be needed if access was provided. Mayor Richards said his understanding was, you can enter the lot without a claim ticket and not have to pay any money; that we are not talking about free parking but free access. Mayor Richards stated he would not support the amendment but would support the ordinance. He said the way he read the ordinance and subsection (b) is only a an escape clause in regard to the retroactive implications. to come in, at any time without a claim check and without passing through a motor vehicle reservoir area, to pick-up or drop-off persons. Member Kelly said by placing the Director/City Engineer in this situation, the law could be contested. For means of clarification, Attorney Erickson explained that the purpose of free access is to get to the building to drop-off and pick-up people without incurring a charge. grace period. The issue of a clear lane should be addressed first, then the 15 minute grace period. that could be challenged in a court of law in regard to staff decisions. She questioned if the City or the staff person is put too much at risk with these decisions. on this project with these responsibilities. It establishes a place There are two ways this can be done, via a clear lane or by a 15 minute Member Paulus questioned whether there are other ordinances Attorney Erickson responded that the staff person is put more at risk 102 6/4/90 Mr. Chandler commented that there are only two issues in retroactivity, both are health care facilities needing good access, one is a hospital with no issue, the other a medical building with an issue. He spoke in favor of the amendment. Mayor Richards called for rollcall on the amendment on the floor. Rollcall : Ayes: Kelly Nays: Paulus, Rice, Smith, Richards Motion defeated. Member smith then offered an amendment to the motion to add the word 'clear' to the first sentence of Sec. 17 (a), i.e, "Each restricted access parking lot shall provide at least one driveway through the parking lot (which may be one-way) giving nclearD access to the building ... Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards called for rollcall vote on the First Reading of Ordinance No. 824 as amended and subject to the additions previously stated by Attorney Erickson. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. Menher Paulus then offered Ordinance No. 171433 for First Reading as follows: ORDINANCE NO. 171-A33 AT3 ORDINANCE AHENDING ORDINANCE NO. 171 TO ADD LICENSE FEE FOB RESTRICTED ACCESS PABKIXG TATS THE CITY COUNCIL OF THE CITY OF EDINA, IDIiNESOTA, ORDAINS: the f ollaring thereto : Om. SEC. -- NO. NO. PUBPOSE OF FEE/CHARGE AMOUNT FEE NO. 8245 6 Restricted Access Parking Section 1. Schedule A to Ordinance No. 171 is hereby amended by adding Lot License $500.00 28a-1 Renewals : 0-50 parking spaces 100.00 28a-2 51-100 parking spaces 150.00 28a-3 101-200 parking spaces 250.00 28a-4 Over 200 parking spaces 400.00 28a-5 Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. *AWARD OF BID FOR STORM SEWER IMPROVEMENT NOS. STS-204. STS-205. STS-206 CONTlXUED M 6/18/90. continue to June 18, 1990, the award of bid for Storm Sever Improvement Nos. Motion vas made by Member Paulus and was seconded by Member Kelly to STS-204, STS-205, STS-206. I Motion carried on rollcall vote, five ayes. *AWARD OF BID FOR U%RADIt?G/BETB OFITTING OF 30 LIGHT FIXT[JRES AND CIRCUITRY AT BRAEMAR SOCCES/FOOTRAIL FIELD Motion vas made by Member Patilus and was seconded 6/4/90 103 by Member Kelly for avard of bid for upgrading, retrofitting and circuitry at Braemar Soccer/Football field to recommended low bidder, CSI Electric, at $16,800.00. Motion carried on rollcall vote, five ayes. I *AWARD OF BID FOR RESTROOM REMODELING AT BRAEMAR ARENA Motion vas made by Member Paulus and vas seconded by Member Kelly for award of bid for restroom remodeling to make them handicap accessible at Braemar Arena to recommended low bidder, Engco Construction, at $28,910.000. Motion carried on rollcall vote, five ayes. *AWARD OF BID FOR SOUTHDBLE WATER TOWER CLEANING Hotion vas made by Member Paulus and was seconded by Member Kelly for award of bid for cleaning of the Southdale Water Tower to recommended lov bidder H t H Uatertover, Inc., at $8,200.00. Motion carried on rollcall vote, five ayes. *AWARD OF BID FOR AREA LIGHTING AT BRAEMAR CLUBHOUSE Motion vas made by Member Paulus and was seconded by Member Kelly for avard of bid for area lighting around the Braemar Clubhouse to recommended lov bidder, Ridgedale Electric, Inc., at $11,100.00. Motion carried on rollcall vote, five ayes. *IIJOE LOCAL 49 CONTRACT APPROVED Motion vas made by Member Paulus and vas seconded by Member Kelly to approve Local 49 MOE Contract (Public Works) as presented. Motion carried on rollcall vote, five ayes. *MCAL 320 !l!EAHSTws 1990 CONTRACT APPROVED Motion vas made by Member Paulus and vas seconded by Member Kelly to approve Local 320 Teamsters 1990 Contract (Police) as presented. *CHANGE OF POILING LOCATION'FOR PRECINCT 17 NOTED Motion vas made by Member Paulus and was seconded by Member Kelly for adoption of the folloving Resolution: BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the polling place for Precinct 17 in the City of Edina be changed from 7151 York Avenue South to Lutheran Church of the Master, 7128 France Avenue South. Motion carried on rollcall vote - five ayes. Motion carried on rollcall vote, five ayes. RESOLUTION WN-SALE WINE LICENSE AND ON-SALE BEER LICENSE FOR 0. CUMBERS RESTAURANT APPROVED Motion vas made by Member Paulus and was seconded by Member Kelly to approve the on-sale wine license and the on-sale beer license for Q. Cumbers Restaurant at 7465 France Avenue South in Centennial Iakes. Motion carried on rollcall vote - five ayes. LICENSE RENEW- FOR EMPRESS RESTAURA". ORIGINAL PAPIC- HOUSE AND SZECHUAN STAR RESTAURANT APPROVED Motion was made by Member Paulus and vas seconded by Member Kelly to approve the vine license renevals for the Empress Restaurant, the Original Pancake House and Szechuan Star Restaurant as recommended by the Police Department. Motion carried on rollcall vote - five ayes. 104 6/4/90 '.kcuTB LIQUOR AND SUNDAY LIOUOR LICENSE RENl3UAT.S APPROVED Lzotion was made by Member Paulus and vas seconded by Member Kelly to approve renewal of the Club Liquor license and Sunday Liquor License for Edina Country Club and Interlachen Country Club as recommended by the Police Department. Motion carried on rollcall vote - five ayes. -ATIVE DATE SET FOR COHWlWLT INFORMATION SEMINAR - SEPTEMBER 18. 1990 Motion was made by Meniber Paula and vas seconded by Member Kelly to tentatively set September 18, 1990, as the Fall1990 City-School-Chamber of Commerce Community Information Seminnr. Motion carried on rollcall vote - five ayes. rkcLBMs PAID Motion was made by Member Paulus and was seconded by Member Kelly to approve payment of the following claims as shown in detail on the Check Register dated 6/4/90 and consisting of 25 pages: General Fund $226,841.57, Communications $1,198.39, Art Center $8,403.21, Capital Fund $42.00, Swimming Pool Fund $663.00, Golf Course Fund $23,840.93, Recreation Center Fund $1,611.86, Edinborough Park $8,154.40, Utility Fund $253,794.43, Storm Sewer Utility $9,376.92, Liquor Dispensary Fund $6,660.61, Construction Fund $35,081.17, Total $575,668.49. Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, M meeting adjourned at 9:17 P.M. 1 rc& Acti$b Cityurk