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HomeMy WebLinkAbout19900618_regular105 OF TBE EDIHB CITY R0I;LCAI;L Answering rollcall were Richards. IQNUTES REGULAR MEETING OF THE COUNCIL HELD AT CITY HALT., .TUNE 18, 1990 Members Kelly, Paulus, Rice, Smith and Mayor RECYCLING REBATE CHECK PRESENTED Commissioner John Keefe, on behalf of the Hennepin Board of Commissioners, presented a check in the amount of $174,662.00 to the City of Edina as the final payment for 1989. Because the City of Edina has exceeded its waste reduction goal of 10% it qualifies for the rebate from Hennepin County covering 80% of the costs of the City's Recycling Program. Commissioner Keefe said the Board appreciated the efforts of Edina to recycle and is looking forward to working with the City on developing a recycling program for apartment buildings. CONSENT AGENDA ITEMS ADOPTED Member Paulus to approve and adopt the consent agenda items as presented, with the exception of the removal of item V1.B - Golf Balls for Driving Range - Braemar Golf Course. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Motion was made by Member Smith and was seconded by *MINUTES OF JOINT HRA/COUNCIL MEETING OF 5/21/90 APPROVED Member Smith and was seconded by Member Paulus to approve the minutes of the Joint HRA/Council Meeting of Hay 21, 1990 as submitted. Motion carried on rollcall vote, five ayes. Motion was made by FINAL REZONING TO PCD-2 PLANNED COMMERCIAL DISTRICT APPROVED FOR WALGREEN'S AT 4916 FRANCE AvENlJE SOUTH ordered placed on file. rezoning to PCD-2 Planned Commercial District for property at 4916 France Avenue to allow construction of a Walgreen's drug store. He recalled that at the May 21, 1990 Council meeting preliminary rezoning was approved with the understanding that , additional information on design, materials and parking would be provided. Planner Larsen stated that the proponents have made some design refinements to the plan which would be explained in detail by their architect. Affidavits of Notice were presented, approved and Planner Craig Larsen presented the request for final At the time of preliminary approval concern was expressed that a precedent may be set by granting the requested parking variance. Staff is of the opinion that it would not for these reassns: 1) Section 8.B of the Zoning Ordinance specifically allows the use of public parking facilities within redevelopment project areas (50th/France and Grandview), and 2) The proposed plan also conforms to a 1978 policy amendment to the 50th and France Redevelopment Plan. expansions up to a FAR of 1.0 to rely totally on public parking and the proposed development would be consistent with that policy. That policy allows Council members also questioned the amount of the public parking assessment which was proposed at the same amount as was assessed against the 50th and France properties for the 1975 redevelopment project. Planner Larsen referred to a memorandum dated June 18, 1990 from Gordon Hughes, Assistant City Manager, which addressed the public parking assessment. that, in his opinion, the most appropriate factor to use would be the interest rate that the City paid on the 1975 50th and France Improvement Bonds. interest rate of those bonds was 5.977%. If this rate were applied to the $9,430.00 assessment on a compounded basis, the amount now due would be .$20,056.85. Assistant Manager Hughes had stated The net David Runyan, architect for the project, presented the final rendition of the proposed project based on the comments made at preliminary approval as follows: 186 6/18/90 1) Building mass - A band of colored stucco is now designed for the top of I the building which will visually lower the building. Awnings will spring off the soldier course and come down to an eight foot line to hide the glass and add more shadow play to the building. were presented. the building with piers and decorative lighting. frames and will be an opaque glass that will blend with the brick color. Building Style/Materials - Photos of each building in the 50th and France Commercial District showed no continuity in design, but a mix of everything. Site Plan - The rotation of the building on the site allowed two-way traffic, created a longer stacking space for northbound vehicles turning into the site, added one parking space, reduced the length of the building from 110 to 105 feet, and the alley exit has been made safer for pedestrians using the 49 1/2 Street sidewalk. In conclusion, Mr. Runyan stated that the changes have addressed the concerns of the Council, the proposed project will fit into the 50th and France neighborhood and the proponents are now asking for final rezoning approval. 2) Material - Samples of the fired brick to be used on the building exterior 3) France Avenue Elevation - Will be the same as the 49 1/2 Street side of Glazing will be set in aluminum 4) 5) Mayor Richards then called for public comment on the request for final rezoning. Hosrner Brown, 50th and France tenant, asked where the building entrance would be located and if the building has actually been reduced in height. the entrance would be at the southeast corner of the building. the building height has been reduced visually by use of the band of stucco. further comment was heard. Mr. Runyan said He explained that No Member Smith moved Second Reading and adoption of Ordinance No. 825436 as follows, subject to payment of $20,056.85 as a condition of the parking variance for Walgreen's at 4916 France Avenue: ORDINANCE NO. 825-636 AN ORDINANCE AMENDING ORDINANCE NO. 825 BY REZONING PROPERTP TO PCD-2 PLANNED COMMERCIAL DISTRICT FROM PCD-4 PLANNED COMMERCIAL DISTRICT THE CITY COUNCIL OF THE CITP OF EDINA, MINNESOTA, ORDAINS: the following thereto: Section 1. "The extent of the Planned Commercial District (PCD-2) is enlarged by the addition of the following property: Section 6 of Ordinance No. 825 of the City is amended by adding Lots 21 and 22, also the south 42.5 feet of Lot 20, also the north 7.5 feet of Lot 23, Auditors Subdivision No. 172, according to the recorded plat thereof, Hennepin County, Minnesota. Except That part of Lot 22 and the north 7 1/2 feet of Lot 23, Auditors Subdivision No. 172, Hennepin County, Minnesota, according to the recorded plat thereof, lying southerly and easterly of the following described line: Beginning at a point on the east line of said Lot 22 distant 27.84.feet north from the southeast corner of said lot; thence southwesterly 38.38 feet along a curve tangent to said east line, concave to the northwest, radius 25.00 feet, central angle 87 degrees 58 minutes 04 seconds; thence tangent to said curve 110.95 feet, to a point in the west line of said Lot 23 distant 2.40 feet south of the northwest corner thereof. I The extent of the Planned Commercial District (PCD-4) is reduced by removing the property described above from the PCD-4 District." Sec. 2. and publication. This ordinance shall be in fall force and effect upon its passage 6/18/90 1 07 Motion for-adoption of the ordinance was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. PRELIMINARY REZONING TO PRD-2 AND PRELIMINARY PLAT APPROVAL RECONSIDERED FOR ROBERT HANSON PROPERTY: APPROVALS GRANTED Affidavits of Notice were presented, approved and ordered placed on file. Planner Larsen recalled that on April 16, 1990 the Council approved the preliminary rezoning to PRD-2 and preliminary plat on the subject property, generally located north of Crosstown Highway 62 and East of Highway 169. 12 units to 10 units and changed the conditions for the collection of the special assessments that was proposed by the developer. Since that time, staff has been contacted by the attorney for the developer asking for a hearing before the Council to reconsider that preliminary approval. same neighborhood as was done originally. However, the Council action reduced the request from the proposed Notices have been mailed to the Presentation by Proponent James Van Valkenburg, attorney for Schaefer Development, proponent, stated that this matter is back before the Council to request: 1) Preliminary plat approval, 2) Rezoning to permit construction of 12 units of detached townhomes, and 3) Resolution cancelling the current special assessments and re-assessing the same equally over the 12 lots. He recalled that this matter has been before the Council and Planning Commission numerous times over the last number of years. In more recent times, a proposal for development of property had been approved for as many as 15 units and the present request is asking for 12. 1990 has created economic problems so that the project cannot go forward. The 10 unit development approved on April 16, Concerning the special assessments on the property, Mr. Van Valkenburg said the proponent is asking that they be spread over the 12 lots to be paid over five years rather than the current obligation of four years. Schaefer Development intends to build on this property as they have represented to the Council. They would start construction on the first unit within 90 days and expect that the entire project would be completed within 18 months. The purchase agreement between Robert Hanson, property owner, and Schaefer Development also provides that if Schaefer Development only develops a part of the subdivision and then decides not to proceed, that all plans, drawings, models, sketches, architectural drawings and engineering data will be turned over to Mr. Hanson so that he or another developer he would employ would then proceed to complete the project. In conclusion, Mr. Van Valkenburg said this procedure would assure that the project can be developed economically and that the special assessments and regular taxes will be paid. Member Smith said, in addition to the previous issue as to number of units, his concern was how to assure that the special assessments will be paid outside of some type of guarantee. that as each lot is taken down from the Agreement that the proportionate amount of special assessments would be paid by Schaefer Development. Development does not complete the project all plans, etc. will go back to Mr. Hanson so that he can finish the development. Their expectation is to have the project completed within 18 months but the market will dictate that. Mr. Van Valkenburg said the Purchase Agreement provides Further, if Schaefer 108 6/18/90 Steve Wilson, Schaefer Development, stressed that at this point there is no guarantee that the special assessments will be paid by anyone. He said that, after looking at the area and consulting with a number of people in the real estate market to determine what would sell, he felt this is the most viable option right now for a project that will succeed. With its success will come payment of the special assessments. favorably. . He asked that the Council consider the proposal Mayor Richards called for public comment on the proposed development. representing the Vernon Woods Townhomes Association, said they were concerned about the project being be completed once it was started, that they were not objecting to the property being developed but felt 10 units would be plenty in that given area. the east and proceed to the west. Tom Benson, They also are-asking that construction of the project start at In response, Steve Wilson explained that the east portion of the site is at the end bf the cul-de-sac and he would have no problem starting construction there. However, he would object if someone mandated that he started developing at the highest bank that would need to be cut and retained. Mayor Richards asked how the LO units previously approved would have been laid out. noted that there is a buffer of approximately 110 feet to the nearest Vernon Woods townhome in the proposal now under consideration. plan proposed to bring the buildings all the way to the setback line and were two story units which would have been more massive than the current proposal. Mr. Wilson said he may have spaced the units a few feet further apart. He A previous 10 unit twin homes Mayor Richards commented that upon re-evaluating the proposal he would support 12 units for these reasons. approval of 12 units would not be inconsistent with what was done in the past. However, to insure that the 12 units are built and to not deviate from past practice, the rezoning should be predicated on payment of special assessments against the entire parcel. At one point in time the Council approved 15 units; Member Smith said he concurred as his prior concern was that the special assessments get paid. worked out to ensure that they are paid. He said he would support the project if a method can be Member Rice said he concurred with the previous comments by Mayor Richards and Member Smith concerning the special assessments. He said,he felt 12 units are reasonable, although a little tight, Member Smith moved preliminary rezoning to PRD-2 Planned Residence District and preliminary plat approval, subject to: 1) Maximum of 12 units, 2) Surety bond for payment of special assessments, 3) Waiver of right to appeal special assessments, 4) Final rezoning, 5) Final plat approval, 6) Subdivision dedication, 7) Engineering specifications for retaining walls, and 8) Agreement in recordable form that construction begin with the four lots at the east end of the site and proceed to the west, with First Reading of the ordinance and adoption of the resolution as follows: ORDINANCE NO. 825-837 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY REZONING PROPERTY TO PRD-2 PIAN"ED RESIDENCE DISTRICT FROM R-2 DOUBLE DUEIJJNG UNIT DISTRICT I TEE CITY COUNCIL OF THE CITY OF EDIHB, MINNESOTA ORDAINS: Section 6 of Ordinance No. 825 of the City is amended by adding the following thereto: Section 1. "The extent of the Planned Residence District (PBD-2) is enlarged by the addition of the following property: That part of the Northeast Quarter of the Northwest Quarter of Section 6, 6/18/90 BE Township 116 North, Range 21 West of the 5th Principal Meridian, described as follows: Beginning at the Northwest cornerof said Northeast Quarter of the Northwest Quarter: thence South along the West line of said Northeast Quarter of the Northwest Quarter a distance of 709.1 feet more or less to a point which is distant 814.5 feet North of the Southwest corner of said Northeast Quarter of the Northwest Quarter: thence Easterly 0n.a deflection angle to the left of 87 degrees 40 minutes a distance of 676.3 feet; thence North parallel with the West line of said Northeast Quarter of the Northwest Quarter to the North line of said Northeast Quarter of the Northwest Quarter; thence West along said North line to the point of beginning, which lies Northeasterly of the Northerly line of County Road No. 62. The extent of the R-2 Double Dwelling Unit District is reduced by removing the property described above from the R-2 District." Sec. 2. publication. This ordinance shall be in full force and effect upon its passage and RESOLUTION APPROVING PRELIMINARY PLAT FOR SHADOW HI- IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "SHADOW HIILIS", platted by Robert Hanson and presented at the regular meeting of the City Council of April 16, 1990, be and is hereby granted preliminary plat approval. Motion was for First Reading of the Ordinance and adoption of the resolution was seconded by Member Kelly. Ro 1 lcall : Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted; resolution adopted. FINAL PLAT APPROVED FOR CUNNINGHAM ADDITION for final'plat approval for subdivision of Lot 5, Block 1, Muir Woods Addition which is located at the southerly tip of Valley View Road and is approximately two acres in size. The proposed subdivision would create one additional new lot approximately one acre in area, being the northerly lot. He recalled that at its meeting of May 21, 1990 the Council had granted preliminary plat approval. Planner Larsen presented the request A condition to preliminary approval was the granting to the City of a scenic easement to protect the wooded steep slopes and vegetation on the east and west sides of the property. lot so that the driveway would be constructed without removing existing mature trees. Remaining areas with steep slopes would be protected by a conservation easement. The proponent has revised the driveway approach to the new Staff believes the driveway solution is acceptable and would recommend final plat approval based on the following conditions: 1) Subdivision dedication based on land value of $90,000, 2) Recorded easement covering areas of steep slopes, and 3) Payment of utility connection charges. Mayor Richards called for public comment on the request for final plat approval. No comment or objection was heard. Member Smith introduced the following resolution and moved its adoption, subject to: 1) Subdivision dedication of $7,200.00, 2) Recorded conservation easement covering areas of steep slopes, and 3) Payment of utility connection charges: RESOLUTION APPROVING FINAL PLAT . FOR CUNNINGHAM ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "CUNNINGHAM ADDITION", platted by Jane Anne Cunningham, a single person, and presented at the regular meeting of the City Council of June 18, 1990, be and is hereby granted final plat approval. 110 6/18/90 Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. ORDINANCE NO. 824 - REOUIRMG LICENSES AND ESTABLISHING STANDARDS FOR RESTRICTED ACCESS PARKING MTS AND ORDINANCE NO. 171-833 - ADDING FEE FOR LICENSING OF RESTRICTED ACCESS PARKING LOTS ADOPTED 1990 the Council granted First Reading to an ordinance that would require the licensing of all restricted access parking lots. revised as approved by the Council. Planner Larsen recalled that on June 14, The proposed ordinance has been Based on the Council Meeting discussion, Attorney Erickson has prepared revisions of Sections 17 and 18 of Ordinance No. 824. Those sections now require, in Section 17, that the licensee provide access to the building for dropping off and picking up passengers without going through a reservoir area or using a claim check. It also provides, in the revised Section 18, that if a licensee or proposed licensee desires to vary from any of the terms and requirements of the Ordinance, that a variance petition be filed together with a plan and that then be reported to the Council for its action. which are more definite than the existing one in Section 17 relative to whether or not the required drop-off and pick-up lane is "feasible". from the Director the difficult task. of deciding whether or not a clear driveway should be required or the 15 minute grace period allowed, and places it more appropriately with the Council. . The revisions would establish standards It would also remove Mayor Richards called for comment on Ordinance No. 824 and the proposed revisions ~~ for Sections 17 and 18. Member Smith commented that the variance process makes good sense and he would support the Ordinance and proposed revisions. Member Paulus stated that it is appropriate that this Ordinance comes into play now, not because of what has happened, but what the future holds for the City in the next 5 to 10 years. be paid parking for businesses as means of traffic control to discourage people from using cars to get to and from their places of work. Mayor Richards asked if the people who have been involved in this process have had the opportunity to review the proposed revisions to the Ordinance. Planner Larsen said he had talked to Dr. Lambert, Southdale Medical Building tenant, and had asked him to pass the information on to others who have been involved. Dr. Lambert seemed pleased with the proposed changes and was aware that the Ordinance would be on the agenda. been following the process and staff has mailed copies to them; however, they have stopped contacting staff. to them when it is adopted. Part of the travel demand management strategy is going to The owners of Southdale Medical Building have They did request that a copy of the Ordinance be sent Member Rice referred to the recent letter from Fairview Hospital commenting on the Ordinance, specifically Section 16(b) which states that "such signs shall also state all special rates, including any weekly or monthly rates". They felt it only necessary to publish public parking rates and would like to see this provision removed. Member Rice commented that the intent of the Ordinance is to inform the public of the parking rates and that he could go along with deleting the weekly/monthly rates. staff and the City Attorney for their work on drafting the Ordinance. Attorney Erickson said that in talking with Fairview-Southdale Hospital they objected to the wording "all special rates" because they have numerous rates which apply to different people and circumstances and to place all special rates on the signs would be a burden. He said he fully supported the Ordinance and commended 6/18/93 Ill Member Smith moved Second Reading and adoption of Ordinance No. 824 as follows: ORDINANCE NO. 824 . AN ORDINBNCE REQUIRING LICENSES BND ESTABLISHING STANDARDS FOR RESTRICTED ACCESS PARKING LOTS, AND IMFOSING A PENALTY TIB CITY COUNCIL OF TZIE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. "City1' 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 Edina, 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. 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. Sec. 4. Awlication for License. Any person desiring a license to own or operate a restricted access parking lot shall fine an application with the City Clerk on forms provided.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, 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-service ticket vendors, 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 of the free access driveway as required by Section 17 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. license, the Director shall determine if the parking 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 "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 Required. No person shall own or operate, or in any way Sec. 3. License Procedure and Enforcement Penalty. "he provisions of The application shall contain, in addition The plot plan shall show such Sec. 5. Procedure: Approval by Director. Prior to the issuance of a 112 6/18/90 Zoning Ordinance. made, the City may grant the license. otherwise as provided in Ordinance No. 171 of the City. expire on the 31st day of December following its date of issuance. shall keep in full force and effect public liability insurance policy written by an insurance company authorized to do business in Minnesota, in the following minimum 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. A certificate of insurance shall be filed with the City Clerk with the application. See. 9. Revocation. Suspension. Denial of License. A license granted under 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 way. 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 reservoir area shall be conspicuously outlined with pavement paint and shall not be used for the parking or storage of motor vehicles or for any other use which hinders, restricts or prevents use of such area as a motor vehicle reservoir. Sec. 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 no time shall any driver with 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 reservoir area. kept free of motor vehicles, snow, ice, fill, rubbish, or any other material or thing which will or may block such access. See. 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 Buildinns. 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: (a) Attendant buildings shall have a minimum floor area sufficient If all such provisions are met, and proper application has been Sec. 6. License Fee. A license fee shall be paid with the application and Sec. 7. Ex0 iration Date. All licenses issued under this ordinance shall Sec. 8. Insurance Rewired. Each licensee under this ordinance at all times Sec. 10. Inspection Required: Notice. Correction of Violations. At such In the event a I The Sec. 13. Emergencv Vehicle Access. Each restricted access parking lot shall Such emergency vehicle access at all times shall be Minimum standards for the materials and to accommodate the normal complement of parking lot operating personnel. The building shall be enclosed and weather tight. It shall be equipped with an-operable and lockable door and window. 6/18/90 113 It shall be set on a curb or platform rising a minimum of six (6) inches above the adjacent lot paving. in accordance with applicable codes and ordinances of the City. Exterior wall finishes shall be one, or a combination of the following: face brick, natural stone, glass or prefinished metal panels. 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. Service connections shall be Sec. 16. Sims:-Charges Limited to Those on Sim. (a) signs in the parking lot as required by this section. (b) 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 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. Layout of sign graphics shall be approved by the Director including color, size of lettering, placement of information and identification symbols. In no case shall any letters or numerals be less than two inches in height. attendant building except that a sign may be attached or incorporated into the building design which 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 motor vehicles shall post such practice on a sign at each lot entrance. of the tower used. height. the same support or supports as the entrance sign required by subsection (b) of this section, but below such entrance sign. (e) charged, any greater sum for parking a motor vehicle than is stated on the entrance signs. (f) times. Sec. 17. Access to Building. Each restricted access parking lot shall provide at least one driveway through the parking lot (which may be one-way) giving clear access to the building or buildings served by the parking lot, with an entrance to and exit from the 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. persons applying for a restricted access parking lot license, who or which desires Every restricted access parking lot license shall maintain information There shall be a sign at each entrance to the parking lot, located not 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 (c) No sign 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 not exceed one foot by two feet, and'shall be located on Letters on such signs shall be at least one (1) inch in No restricted access parking lot licensee shall charge, or allow to be All signs shall be kept in good condition and state of repair at all Sec. 18. Variances. Any restricted access parking lot licensee, and any 114 6/18/90 a variance or variances from any of the requirements of this ordinance may file a petition for such variance or variances with the Director. The petition shall be on forms provided by the Director. which clearly illustrate, to the satisfaction of the Director, the changes from the plot plan or from the requirements of this ordinance which will result if the variance or variances are granted. The petition together with said plans, and the report of the Director, shall be submitted to the Council within thirty (30) days after it is submitted to the Director. Provided, however, if the variance petition is by a person applying for a restricted access parking lot license, then the Director shall not submit such variance petition, plans and reports to the Council until the Director has first determined that the application for a license is complete and all reqirements of this ordinance have been complied with, except for the requirements described in and to be varied by the variance petition, but the petition shall be submitted to the Council within thirty (30) days after such determination is made. sixty (60) days after submission of the petition to the Council. The Council may grani the variance if it finds that the strict enforcement of the ordinance would cause undue hardship because of circumstances unique to the petitioner's property and not created by the petitioner, and that the grant of the variance is in keeping with the spirit and intent of this ordinance. The act of creating a restricted access parking lot, by itself, shall not be deemed a circumstance created by the petitioner so as to disallow the grant of the requested variance or variances. The Council, in granting a variance, may impose conditions to insure compliance with the purpose and intent of this ordinance and to protect adjacent properties. Sec. 19. Unauthorized Use of Vehicles. No personnel of a restricted access parking lot shall use or permit the use, for any purpose whatsoever, of any motor vehicle left in such lot for parking unless authorized in writing by the owner or person in charge of such vehicles. Sec. 20. Transferring Vehicle to Another Lot. 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. Sec. 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 the storage of any inoperable vehicles (as defined in. Ordinance No. 1031 of the City) on the parking lot. effective retroactively. Therefore, any parking lot vhich 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. immediately upon its passage and publication. I The petition shall be accompanied by plans The Council shall hear and decide such petition within Sec. 22. Retroactive Effect. It is intended that this ordinance be Sec. 23. Penal-. Any person violating this ordinance shall be subject to Such penalties may be Sec. 24. Effective Date. This ordinance shall be in full force and effect ATTEST : Mayor Motion for adoption of the ordinance was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. 6/18/90 115 Member Rice moved Second Reading and adoption of Ordinance No. 171-6133 as follows: ORDINANCE NO. 171-6133 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO ADD LICENSE FEE FOR RESTRICTED ACCESS PARKING LOTS THE CITY COUNCIL OF “HE CITY OF EDINA, MNLPESOTA, ORDAJXS: ’ Schedule A to Ordinance No. 171 is hereby amended by adding the following thereto: ORD. SEC. NO. NO. PURPOSE OF FEE/CHARGE AHOlJJ!l!C 824 6 Restricted Access Parking Section 1. FEE NO. 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. ATTEST : Mayor *&%. a City clerk Motion for adoption of the ordinance was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. PUBLIC HEARING CONDUCTED: ORDINANCE NO. 1322 - PROHIBITING SALE OF CIGARETTES FROM VENDING MACHINES GRANTED FIRST READING Affidavits of Notice were presented, approved and ordered placed on file. that there were several individuals present who would like to comment on the proposed ordinance that would prohibit the sale of cigarettes from vending machines. He then introduced Virginia McCollister, Community Health Services Advisory Committee Chair. Virginia McCollister stated that the Community Health Services Advisory Committee has considered the proposed ordinance and would recommend its adoption. emphasized that cigarette smoking is a major public health issue and there has been much publicity recently regarding efforts to help people quit smoking and the difficulty when people start at a young age. Vending machines do provide open access to a potential public health hazard and the Committee highly recommends that cigarette vending machines be banned in the City. Sanitarian Dave Velde informed the Council She Member Smith noted that the proposed effective date is July 1, 1990 and questioned whether that would allow sufficient notice to vending machines licensees. Sanitarian Velde advised that notices of the public hearing were sent to everyone who owns cigarette vending machines in the City and all businesses who have vending machines on site. For the record, Mayor Richards noted the following correspondence: 1) Letter from Sister Mary Madonna Ashton, Commissioner of Health, urging adoption of the ordinance, and 2) Letter from Thomas A. Briant, attorney for Coalition for Responsible Vending Sales in which the Coalition urged the Council to adopt the state law to be effective August 1, 1990 which restricts the sale of cigarettes to minors. Mayor Richards asked whether the state law would preempt the City from adopting the proposed ordinance. restrictive in that it requires certain locations and controls for cigarette Attorney Erickson opined that the state law is 116 6/18/90 vending machines. rules or ordinances relating to vending machine sales of tobacco that are more restrictive. The statute states that the local governing body may adopt Mayor Richards then called for public comment on the proposed ordinance. Speaking in opposition was Bill Schlink, Edina Car Care Unocal, 5415 W. 70th Street, who said he owned a vending machine and objected because the vending sales are a portion of his income. retain his vending machine, place it behind the counter and operate it himself. Attorney Erickson submitted that could be interpreted as over the counter sales and, in his opinion, would be permitted under the ordinance. Speaking in support were: Sandra Sandell, Executive Director of Association for Non-Smokers of Minnesota, 1421 Park Avenue; Arlene Wilson, 4707 Tomes Road; Ann Rutledge, 5116 Ridge Road; Ann Charity, 5116 Ridge Road; and Ann Carlander, 6800 Indian Hills Road. . He asked if adopted could he under the ordinance Mayor Richards raised the issue as to whether this is the right approach to the problem of smoking because it would be preventing just one part of cigarette. .sales. He said we may be getting into an issue that may not be appropriate for local government and that should be addressed in a broader forum. Arlene Wilson observed that it may be desirable to do this on a larger scale but pointed out that the tobacco companies spend $3.5 Billion just on advertising cigarettes and zhey have tremendous power at the state and national level. They do not have as much power on the local grass roots level and therefore changes can be made at the local level within the community. .Ann Charity commented that, if the Council is concerned about whether this is a community concern, 22 communities in the state have passed partial bans of cigarette vending machines and 18 communities have passed total bans. Member Kelly introduced Ordinance No. 1322 for First Reading as recommended by the Community Health Services Advisory Committee and as presented and on file in the office of the City Clerk. Motion was seconded by Member Paulus. Member Smith commented that the state statute to be effective August 1, 1990 places some burden on those who own cigarette vending machines: 1) That they be electronically activated, or 2) That tokens be used to activate them. Secondly, we are talking about a method of distribution and the proposed ordinance would be an effective control. I He said he strongly supported passage of the ordinance. Member Rice indicated that he intended to support the ordinance and if adopted he would interpret it to mean that all cigarette vending machines must go. Thomas Briant, stated he was legal counsel for the Coalition for Responsible Vending Sales. cigarette vending machines statewide. vending machines in Edina are in factory locations, warehouses or office buildings. Very few family type restaurants have a vending machine. It is the Coalition's belief that under the state law those machines are not generally accessible by minors. Minnesota Viking Food Service, one of the largest vending companies in the state, is located in Edina and they offer their employees the service of a cigarette vending machine. Council they would not be able to offer that service. the state law as a reasonable compromise to a ban - a reasonable solution that seeks to put restrictions on cigarette vending machines. He presented a short video tape showing the locking device for cigarette vending machines, mandated by the state law, that would prevent minors from buying cigarettes from machines. Mr. Briant concluded by stating that what the-local vending companies are asking is to look at this compromise and allow it to work for at least a year - let them . In April 1990, Governor Perpich signed a law that would regulate He pointed out that most of the cigarette - Under the ordinance proposed by the Mr. Briant said they see 6/18/90 117 show that the devices can work in public areas and that minors will be prevented from purchasing cigarettes - instead of imposing a total ban. Member Paulus observed that children see vending machines as a very harmless machine - it is what gives them candy, pop, and what they see as the joys of life. She said she would not be comfortable with even one cigarette vending machine in the City. our young people to be anti-tobacco, we would not be working with the School District if we allow cigarette vending machines. Mayor Richards then called for rollcall vote on the motion on the floor. Because the City has cooperated with the School District to try to get Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. Member Paulus then made a motion to waive Second Reading of Ordinance No. 1322. Motion was seconded by Member Smith. Mayor Richards said this is an important issue and the City would not be regulating but prohibiting. In fairness to all who may wish to be heard before adoption of the ordinance he said he could not support the motion. Ayes: Kelly, Paulus, Smith Nays: Rice, Richards Motion failed. Mayor Richards then informed the audience that Second Reading of the Ordinance would be on the July 2, 1990 Council Agenda. *BID AWARDED FOR STORM SEWER IMPROVJDIENT NOS. STS-204. STS-205 AND STS-206 Motion was made by Member Smith and was seconded by Member Paulus for award of bid for Storm Sewer Improvement Nos. STS-205, STS-205 and STS-206 to recommended low bidder, CCS Contracting, at $28,176.40. Motion carried on rollcall vote, five ayes. BID AWARDED FOR GOLF BAILS FOR DRIVING RANGE-BRAEMAR GOLF COURSE Member Paulus asked if the fees to use the driving range covered the cost of the golf balls. Manager Rosland said that the cost is covered in the fees. was seconded by Member Kelly.for award of bid for golf balls for the driving range at Braemar Golf Course to recommended low bidder, Spalding, at $8,250.00. Member Paulus' motion Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR SODDING OF BRAEMAR SOCCW/FOOTBALL FIELD Member Smith and was seconded by Member Paulus for award of bid for sodding of Braemar soccer/football field to recommended low bidder, Perkins Landscape Contractors, at $14,739.00. Motion was made by Motion carried on rollcall vote, five ayes. TRAFFIC SAFETY COMMITTEE MINUTES OF 6/12/90 APPROVED the action in the Minutes of June 12, 1990 as recommended by Traffic Safety Committee. Mike Hogan, 5808 Johnson Drive, spoke to item (1) in Section A of the Minutes and said he would still like to see a four-way "STOP" at the intersection of Johnson Drive and Grove Street. Engineer Hoffman reviewed Motion was made by Member Smith to approve the following recommended action listed in Section A of tlie Traffic Safety Committee Winutes of June 12, 1990: 1) 2) 3) To install a 25 m.p.h. advisory speed and pedestrian sign for each direction of travel on Johnson Drive, To install the universal "T" intersection sign on northbound Schaefer Road and also to encourage clear view compliance in the area, To pass on to the City Council the Committee's approval of the recommendations to (a) install a "LEFT TURN ARROW" on northbound France at.West 49 1/2 Street, ' 6/18/90 118 4) 5) 6) and and (b) a "LEFT 3%" ARROW" on southbound France at West 50th Street, and further that the Council solicit the approval of Hemepin County and the City of Minneapolis in these efforts, To install a "YIELD" sign on westbmd Indian Hills Road at Dakota Trail, To minimally stripe the triangle intersection of Northwood Drive and I)undee Road, That no additional traffic control devices be installed on West 42nd Street and that the recommendation of the Committee for sidewalks be reconsidered, to acknowledge Sections B and C of the Minutes. I Motion was seconzed by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. FEASIBILITY REPORT PRES-: STORM SEFTW IMPROVEMENT NOS. STS-207 AND STS-208 ORDERED proposed projects, advising that staff has reviewed them and they are feasible and consistent with the overall development plans for the City: Engineer Hoffman presented a feasibility report for the following Immovement Estimated Cost Storm Sewer No. STS-207 $180,000.00 Storm Sewer No. STS-208 4,799.76 Storm Sewer Proiect No. STS-207 - Engineer Hoffman said this is a storm sewer pipe running from the new Galleria expansion to Centennial Lakes via the City park strip which will also serve as the Southdale transit way in future years. project is proposed to be funded by the City except that the developer shall pay construction costs in excess of $175,000. service the Galleria expansion. appropriate easements and developer's agreement which would waive the right to any special assessment notice and appeal. Member Smith asked what the Galleria would be assessed for. that the Gallerie will be paying for transit way work to be done beneath the Galleria as part of the plan approval for the Galleria expansion approved by the Council on April 16, 1990 and the City will be putting in that part of the storm sewer pipe off the site. If the developer does not do the transit work the City may do it and assess the costs against the Galleria. excess can be assessed against the developer. The It will provide a new storm sewer to The project should be approved subject to Engineer Hoffman said Also, if the developer does . not pay the costs of constructing the storm sewer in excess of $175,000, then that HRA Executive Director Hughes recalled that, when the Galleria expansion was approved, the Council had authorized financial participation in the construction of the transit way beneath the Galleria not to exceed $175,000. asked if the City is paying for the right of way for the transit way through the Galleria site. the owner of the property. Member Smith Director Hughes stated that the right of way is being dedicated by Mayor Richards introduced the following resolution and moved its adoption, subject to easements and developer's agreement: BE IT RESOLVED by the Council of the City of Edina, Wmesota, as follows: 1. between the City of Edina ("City") and Gabbert and Gabbert Company for the Galleria Expansion, the City shall proceed with the construction of a storm sewer improvement from the.Galleria to Centennial Lakes, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as: RESOLUTION ORDERING IHPROVEHWXl! It is hereby determined that, in accordance with the Development Agreement ("Developer") I STORM SEWER. IMPRO- NO. STS-207. 6/18/90 119 2. The City shall pay the cost of construction thereof, up to a total amount of $175,000.00. Developer to City, which excess cost may be assessed against the property of the' Developer described as: Tracts A,C and D, Registered Land Survey No. 1171, Tracts A and B, Registered Land Survey No. 1366, except that part of said Tract B embraced within Registered Land Survey No. 1466; Tracts A,B and C. Registered Land Survey No. 1466. Motion for adoption of the resolution was seconded by Member Rice. If the cost is in excess of $175,000.00 such excess shall be paid by Rollcall : Ayes: Kelly, Paulus, Rice, Richards Abstained: Smith Resolution adopted. Storm Sewer Proiect No. STS-208 - Engineer Hoffman explained that this project is a small pipe to be connected to the France Avenue storm sewer which will improve drainage for the backyard areas east 0.f France Avenue and south of West 57th Street. additional drainage to prevent localized flooding and property damage which occurred during the frozen ground rainfall event on March 11, 1990. is proposed to be funded by the stormwater utility fund, subject to appropriate easements being granted. This project is similar to several other small projects which provided The project Jay Kosters, 5701 France Avenue, spoke in support of the proposed project saying it would help to prevent flooding on his property as well as that of his neighbor next door. Member Paulus introduced the following resolution and moved its adoption, subject to easements being granted by the property owners: BE IT RESOLVED by the Council of the City of Edina, Minnesota, as follows: 1. storm sewer improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as: cost of which shall be.paid from the Stormwater Utility Fund. Motion for adoption of the resolution was seconded by Member Smith. RESOLUTION ORDERING IMPROVEMENT It is hereby determined that the City shall proceed with the construction of a STORM SEWER IMPROVEMENT NO. STS-208, Rollcall : Ayes: Paulus, Rice, Smith, Richards Resolution adopted. (Member Kelly had left the meeting temporarily.) Member Paulus introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IHPROVEIENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR STORM SEWER IMPROVEMENT NOS. STS-207 AND STS-208 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA; 1. following Advertisement for Bids form, heretofore prepared by the City Engineer, and now on file in the office of the City Clerk are hereby approved. 2. Bulletin the following notice of bids for improvements: The plans and specifications for the proposed improvements set forth in the The Clerk shall cause to be published in the Edina Sun and Construction (Official Publication) CITY OF EDINA 4801U. 50TH STREET EDINA, KIXNESOTA 55424 ADVERTISEMENT FOR BIDS STORM SEWERS 120 . 6/18/90 CONTRBCT 90-8 (ENG) rMPR0V"T NOS. STS-207 h STS-208 BIDS CLOSE JULY 12, 1990 SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801West 50th Street at 11:OO A.M., Thursday, July 12, 1990. The Edina City Council will meet at 7:OO P.H., Monday, July 16, 1990 to consider said bids. The following are approximate major quantities: 2,040 CF 36" Storm Sever 6 E4 Std. Manholes 500 TONS C1. SA Gravel 245 TONS Bituminous Paving 3.5 ACRES Seeding Bids shall be in a sealed envelope with a statement thereon shoving the work covered by the bids. Bids should be addressed to the City Engineer, City of Edina, 4801West 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. either 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 Clerk. (by check). specifications with a bona fide bid. 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. separate check for $5.00 payable to the City of Edina for postage and handling. BY OaDEB OF THE EDINA CITY COUNCIL. Marcella H. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . Bids received by the City Engineer, Plans and specifications are available for a deposit of $25.00 No bids will be considered unless sealed and Said deposit to be returned upon return of the plans and All plans mailed, enclose UPDATE PRESENTED ON STORMWATER UTILITY - COMPREHENSIVE PLAN presented background information on the City's storm water drainage system. He referred to data in the City's Comprehensive Plan, noting that the Plan needs an update dependent on the outcome of the approval of the Chapter 509 Plans that have been prepared by the Nine Mile Creek and Minnehaha Creek Watershed Districts. Those plans have not received full approval of the Board of Water Resources. Engineer Hoffman Staff has been reviewing projects in the past two years based on needed reconstruction due to pipe systems age, adding small amount of piping to reduce localized flooding problems, and/or changed systems to lower the overall flood potential with cooperation from the Nine Mile Creek Watershed District. The major emphasis during the 1990's will be attempting to implement, where possible, Nationwide Urban Runoff Program (NURP) retrofits. The essence.of this type of change is to improve water quality through development of ponding areas to collect sediment to prevent further pollution of the natural creek areas of Nine Mile and Minnehaha Creeks. Lakes which will provide a system to service much of the greater Southdale area. Additionally, existing systems will be analyzed with the objective of lowering flood potential in response to the numerous phone calls since the Federal flood disaster of 1987. Another issue that needs to be addressed is the ultimate need to dredge existing ponding areas and the related special benefit issue involving property owners abutting water bodies. Engineer Hoffman then made a comprehensive graphics presentation depicting the areas which have received some work recently and those areas that will be under review for additional work in the near future. A classic example of a NURP project is Centennial I Potential cost of these projects 6/18/90 121 in the next several years are estimated at approximately $4 Million, including Centennial Lakes. the graphics and report data would be on file in his office for anyone seeking further information. Engineer Hoffman concluded the update report by stating that *- LICENSE RENEXATS APPROVED by Member Paulus to approve On-sale Wine License renewals for the following restaurants: Dayton's Boundary Waters Restaurant, Bravo! Ristorante Italiano, Vie de France Restaurant and the Good Earth. Motion vas made by Member Smith and was seconded Motion carried on rollcall vote, five ayes. WINE LICENSE APPROVED FOR THE PANTRY RESTAURA" Manager Rosland.referred to the Police Department report regarding renewal of the on-sale wine license for The Pantry, 5101 Arcadia Avenue, which indicated that a licensed manager was not present on several occasions when inspections were made. with the further recommendation that the restaurant be inspected on a monthly basis until full compliance is established or notice to the Council if the same condition is found. Approval was recommended Member Rice suggested that the issue of the ordinance requirement that a licensed manager be present when wine is being served be reviewed by the Council. Motion was made by Member Rice and was seconded by Member Paulus to approve the on-sale wine license renewal for The Pantry restaurant. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOLUTION ADOPTED ACCEPTING GIFT TO CITP OF OUTLOT B. LAKE PAMELA Rosland presented the recommendation of the Park Board to accept Outlot B in Lake Pamela as a gift to the City. The owner, Duane Bakken, 6016 Halifax Avenue, has indicated to the Park Board that he would like to donate Outlot B in Pamela Park to the City of Edina as all of the outlot is under water. Property taxes on the outlot in 1989 were $205.00 with no special assessments on the property. Member Rice introduced the following resolution and moved its adoption: WHERlW3, the owner of the parcel identified as Outlot B, LAKE PAMEXA (PIN 19-028-24-44-0027), according to the recorded plat thereof, Hennepin County, Minnesota, desires to donate said Outlot B to the City of Edina; BE IT RESOLVED by the City Council of the City of Edina, Minnesota that it hereby accepts the donation of Outlot B, LAKE PAMELA. Motion for adoption of the resolution was seconded by Member Smith. Manager RESOLUTION * Rollcall : Ayes: Paulus, Rice, Smith, Richards Motion carried. (Member Kelly had left the meeting temporarily.) POLICY FOR COUNTRY CLUB DISTRICT ON CURB CUTS/DRIVEWAYS AFFIRMED informed the Council that a request has been made for use of different driveway material and an additional curb cut to construct a circular driveway for a lot in the Country Club District. The present staff .position for the Country Club District, which has been in place for many years, is that only one driveway opening should be allowed and the material for public sidewalk, outwalk and driveway be standard concrete, based on the size of the lots and to maintain a consistent general streetscape appearance. Engineer Hoffman The proposal submitted to staff is to allow paver brick in lieu of plain concrete. Currently, in the Country Club District, many types of materials have been used on the property owner side of the public sidewalk for both driveways and walkways. ' 122 6 118190 Staff would ask Council direction on this issue in light of the overall massing issue which is currently under study. . Member Smith made a motion to affirm the staff position for the Country Club District that the material for sidewalk on the public right of way be standard concrete. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Hember Paulus made a motion to affirm the staff position for the Country Club District that the material for driveway from the sidewalk to the street be standard concrete. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Motion was seconded by Member Kelly. Member Paulus made a motion to affirm the staff position for the Country Club District that each platted lot be allowed one curb cut only or share a driveway with an adjoining property. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. UPDATE PRESE3ZED ON 1-494 EIS PROCESS 1-494 Project Management Team (PMT) meeting the members were told that Hennepin County will send a representative to the 1-494 Project Management team but they will not financially support the program. In reviewing this with the Office of the Attorney General, it was pointed out that Hennepin County did enter into the contract and therefore should be held to the terms of the contract including the financial aspect. MNDOT's position was that the program should be suspended until Hennepin County comes back to the table with their dollars. Member Paulus reported that at the last' Member Paulus elaborated that the feeling of many of the municipalities and the private sector (represented by Larry Laukka) was that MNDOT's position was not appropriate and that we should go ahead and, if necessary, take legal action against to bring Hennepin County back into the program. this may cause other members of the PMT to withdraw from the program which would result in an unsuccessful project. effort that has been undertaken on a highway project and the program has been moving ahead. Engineer Hoffman could not support the position of MNDOT concerning the action taken by Hennepin County. The reasoning was that She mentioned that this is the first joint As representatives of the City of Edina, Member Paulus said she and She asked for direction from the Council on the issue. Engineer Hoffman mentioned that MNDOT is the agency running the 1-494 EIS process and, obviously, does have the most to say about it. The Metropolitan Council is attempting to get MNDOT and Hennepin County together to talk about the situation. He said he was particularly concerned that if the private sector component did not see progress on a regular basis they would walk away. He emphasized that the cooperation of the private sector is very important in the overall project to manage traffic on 1-494. . Following some discussion, it was the consensus of the Council to defer action until the Council Meeting of July 2, 1990 and that staff draft a letter for the Mayor's signature to Larry Laukka, representing the private sector, advising him that the Council will consider taking action on July 2 if MNDOT and Hennepin County have not resolved the issue by that time. ScHEDuI;p. FOR 1991 BUDGET HEBRINGS APPROVED a proposed schedule for 1991 Budget hearings. Taxation Hearing dates (November 15 to December 20) will be determined after the county and school district have selected their dates. Following discussion, the following schedule was approved: Finance Director John Wallin presented The state mandated Truth in 6/18/90 123 July 16 Budget Assumptions Aug 23 Budget Hearing Aug 28 Budget Hearing Aug 29 Budget Hearing 5-7 p.m. Council Room 5-7 p.m. Manager’s Conference Room 5-7 p.m. Manager‘s Conference Room 5-7 p.m. Manager’s Conference Room The issue of advertising the proposed dates in the Edina Sun-Current, in addition to publishing the mandated Truth in Taxation Hearing date, was raised by Member Smith. After considerable discussion, staff was asked to format an advertisement, obtain a cost estimate for publishing thereof and bring the information back for Council consideration. AMM PROPOSAL PRESENTED proposal from the Association of Metropolitan Municipalities (AMM) for implementation of recommendations made by the AMM Mission and Membership Services Task Force which has just completed a.year long evaluation and assessment of the &M’s mission, focus and general operations. ’blueprint for action’ which if implemented should enable the AMM to remain a reliable and relevant tool for member cities into the 90‘s. require an additional staff member which could result in a dues increase of 20 to 25%. AMM has asked that this be placed on member city council agendas for discussion and action prior to August 1, 1.990. Mayor Richards said that it has been so long since we have challenged the existence of some of these organizations that they seem to be self-perpetuating and take for granted that money will be forthcoming. Following discussion on the proposal, it was the consensus of the Council that staff bring back a draft letter asking the “staff to get together with a11 the other organizations of which the City is.a member to discuss how Edina and other cities are best represented on issues rather than being members of a multitude of organizations and not knowing who is really speaking for and on behalf of Edina, or like cities, or all cities. Manager Rosland directed the Council’s attention to a The Task Force report contained a However, it would PAUL GENS LETTER CONCERNING SmSC REPRESEElTATION DISCUSSED referred to a letter dated May 30, 1990 from Paul A. Gens in which he stated he was resigning from the Board of Directors of South Hennepin Human Services Council effective June 1, 1990 and wished to be re-appointed after July 8, 1990. .Tkie request was made in order that he could assume the temporary duties as Board liaison overseeing the day to day operation of South Hennepin until a permanent director is in place. Manager Rosland Following discussion on the reqignation and request for reappointment, it was the consensus of the Council that Manager Rosland inform Mr. Gens that he had two options: 1) either cease being liaison and stay on the Board of Directors, or 2) to continue as liaison the Council would accept his resignation without an automatic reappointment. CLAIMS PAID approve payment of the following claims as shown in detail on the Check Register dated 06/18/90 and consisting of 33 pages: General Fund $1,254,166.85, Communications $11,514.26, Art Center $3,442.55, Swimming Pool Fund $8,124:.36, Golf Course Fund $172,904.42, Recreation Center Fund $72,527.60, Gun Range Fund $80.00, Edinborough Park $11,695.00, Utility Fund $24,805.89, Storm Sewer Utility $153.16, Liquor Dispensary Fund $113,865.18, Construction Fund $453,062.80, IMP Bond Redemption #2 $50,925.00, Total $2,177,267.07, and for confirmation of payment of the following claims as shown in detail on the Check Register dated 05/31/90 and consisting of 20 pages : General Fund $280,787.13, Communications $2,869.96, Art Center $3,550.68, Swimming Pool Fund $68.30, Golf Course Fund $11,017.55, Recreation Center Fund $7,231.25, Gun Range Fund $477.01, Edinborough Motion vas made by Member Smith and was seconded by Member Paulus to 124 6/18/90 Park $6,487.41, Utility Fund $21,323.80, Storm Sever Utility $474.03, Liquor Dispensary Fund $281,444.52, Total $615,731.64. I Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:45 p.m. ?f&uoL 3%. u City Clerk