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HomeMy WebLinkAbout19900904_regularIIIlWTES OF THE REGULAR MEETING OF THE SEPTEMBEX 4, 1990 EDIHB CITY COUNCIL HELD AT CITY 179 R0'LLCAT.L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor I Richards. CONSTIRTTION WEEK PROCLAIMED for adoption of the following proclamation: WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordain and establish a Constitution for the United States of America; and wHEREAS, it is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preseme it and defend it against encroachment; and WHELEAS, the two hundred third anniversary of the signing of the Constitution provides an historic opportunity for all Americans to learn about and recall achievements of our Founders, and to reflect on the rights and privileges of citizenship, as well as its attendant responsibilities; and WEIEREAS, the independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the United States of American in accordance with Public Law 915; NOW, THETEFORE, I, Frederick S. Richards, by virtue of the authority vested in me as Mayor of the City of Edina in the State of Minnesota do hereby proclaim the week of September 17 through 23 as in the City of Edina, and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantage of American Citizenship. PROCLAIMED this 4th day of September, 1990. Motion of Member Kelly was seconded by Member Rice PROCIAHATION CONSTIRTTION WEEK Motion carried unanimously. PROCLAMATION FOR EDINA HISTORICAL MUSEOM seconded by Member Paulus for adoption of the following proclamation: I, Frederick S. Richards, hereby proclaim that Sunday, the twenty-third day of September, in the year Nineteen Hundred and Ninety be set aside to honor our pioneering forefathers whose foresight and planning is responsible for the quality of life in Edina today. In their honor, on this day we dedicate the new EDINA HISTORICAL MUSEUM whose mission is to preseme Edina's history for Edina's future. PROCLAIMED this 4th day of September, 1990. Motion was made by Member Kelly and was PROCIAMATION Motion carried unanimously. CONSENT AGENDA ITEWS ADOPTED Motion was made by Member Kelly and was seconded by Member Smith to approve and adopt the consent agenda items as presented, with the exception of the removal of item VII1.D - Streetscape Improvements Phase I, Lighting and Demolition and Removals - 50th & France Business District. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF REGUIAR WEETING OF AUGUST 6. 1990 APPROVED Kelly and was seconded by Member Smith to approve the minutes of the Regular Meeting of August 6, 1990. Motion was made by Member Motion carried on rollcall vote, five ayes. PUBLIC HEARING CONCLUDED: BITUMINOUS AKLEY PAVING IWPROVEMENT NO. E-32 APPROVED Engineer Hoffman recalled that the public hearing on proposed Alley Paving Improvement No. E-32 was continued from the August 20 Council Meeting. After 9/4/90 receiving the public hearing notice and the initial public hearing review, the residents have resubmitted a petition to the Council. . indicated that 10 of the 14 property owners abutting the alley support a bituminous paving project, however, all do not agree on the method of proposed assessment. against properties with garages accessed by the alley or assessed a greater share of the cost than properties that do not use the alley for access. property owners support the project conditionally if costs are pro-rated. remaining four property owners do not support the project. The petition clearly Five property owners support the project with costs to be assessed Five other The. The Council may wish to consider these options: 1) no build, or 2) approve bituminous paving project at an estimated cost of $712.10 proposed to be assessed against the 14 lots or pro-rate costs based on alley use. that a bituminous paving improvement project be approved with a proposed ten year assessment. August 21, 1990, had been received from Debra Strege, 5113 Oxford Avenue. David Morris, 5116 Bedford Avenue, commented that he had circulated the petitions and urged Council approval of the project. Member Smith introduced the following resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Ed-, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: Staff would recommend It was noted that a letter objecting to the proposed project, dated RESOLUTION ORDERING ALLEY IKPRO- NO. E-32 BITUMINOUS BI;LEp PAVING IHPROVME" NO. E-32 Alley between Oxford Avenue and Bedford Avenue South of 51st Street and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said impravement, 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: BITUMINOUS ALLEY PAVING IHPROVEMEN!C NO. E-32, and the area to be specially assessed therefor shall include Lots 1 thru 6, Lot 7 and 10' of Lot 8, the South 40' of Lot 8, Lots 16 thru 18, Lot 19 and the South 20' of Lot 20, Lot 21 and the North 30' of Lot 20, Lot 22 and the South 112 of Lot 23, and Lot 24 and the North 1/2 of Lot 23, Block 7, Brookside Heights Addition. Motion for adoption of the resolution was seconded by Member Rice. Rollcall: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . PUBLIC HEARING CONCLUDED: PRELIMINARY PLAT APPROVED FOR LINDEU ADDITION Engineer Hoffman recalled that the Council had continued the public hearing on preliminary plat approval for the proposed Lindell Addition to allow time for the engineering staff to conduct a detailed review of drainage on Antrim Road as it relates to the property immediately south of the proposed subdivision (7101 Antrim Court). The concern on this property is that the existing driveway has back pitch toward the home which makes it easy for water to leave the street and enter the property. There are stormwater catch basins on the street east and west of the driveway. The solution would be to lower the westerly catch basin approximately six inches and install a concrete driveway system per standard design. This would provide good drainage for the existing owner at 7101 Antrim Court and would address the requirements being recommended for the proposed Lindell Addition. effect would be a rise in the driveway at 7101 Antrim Court then a decline towards the garage which would effectively keep normal drainage from entering the The resultant 4 property. The labor 'costs City's storm water utility Staff would recommend as a 9/4/90 181 for the public account. work crews would be charged to the condition to plat approval the recording of a document which would require that any new additional ha;; surface drainage 6e directed to the street via piping or over the surface drainage. a new concrete driveway apron at 7101 Antrim Court should be required. In addition, construction of Planner Larsen recalled that some concern was raised at the initial hearing regarding the disposition of several existing outbuildings on the proposed subdivision. be incorporated as a requirement in the developer's agreement. Glenn Yoder, 7020 Shannon Drive, stated that they have been dealing with drainage problems on their property which is immediately south of the proposed subdivision. He said they could not tolerate additional stormwater runoff and said it was imperative that a permanent piped system be installed to insure that runoff from the new site would go to the storm sewer system. Staff would recommend that the removal of the smaller outbuildings Steve Lindell, proponent, stated that some of the existing hard surface on the lot (outbuildings/driveway to barn) would be removed which would offset the hard surface of the new house. Member Smith introduced the following resolution and moved its adoption, subject to 1) final plat approval, 2) subdivision dedication, 3) utility connection charges, 4) drainage pattern from nev lot be approved by City Engineer, 5) new lot have access only to Antrim Road, 6) installation of silt fence during construction, and 7) removal of all outbuildings except for the carriage house: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR LINDEU ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "LINDELI; ADDITION", platted by Steven M. Lindell and presented at the regular meeting of the City Council of September 4, 19.90 be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PRELIMINARY REZONING FROM PLANNED INDUSTRIAL DISTRICT TO PCD-2. PLANNED COMMERCIAL DISTRICT ReFERRED TO STAFF: RESOLUTION ADOPTED EXTENDING HRA RESOLUTION FOR ACQUISITION OF PROPERTP WITHIN GRANDVIEW REDEVELOPMENT AREA Affidavits of Notice . were presented, approved and ordered placed on file. Planner Larsen presented the request for preliminary rezoning from Planned Industrial District to PCD-2, Planned Commercial District for property generally located south of Eden Avenue and west of the Soo,Line Railroad tracks (Kunz/Lewis site). is approximately 8.7 acres in size and is developed with industrial uses. In 1988, Jerry's Enterprises presented a redevelopment plan for this area which was dropped prior to hearing by the Council. The subject property The property is within the Grandview Area Tax Increment District and in October, 1989, the City Council/HRA adopted a resolution of condemnation effective to August 1, 1990, and authorized staff to negotiate a redevelopment contract with the developers (Jerry's Enterprises/Opus). The proposed redevelopment would be a retail strip mall containing a total floor area of 145,750 square feet, with the main retail containing 106,500 square feet of floor area. The school bus garage, containing 39,250 square feet, would be on the lower level adjacent to the railroad tracks. 9/4/90 182 In order to analyze the use and traffic impacts of the proposed redevelopment, the City/HRA contracted with two outside consultants. was hired to review the feasibility of an all-retail development and BRW, Inc. was hired to review the traffic impact and update the 1984 Grandview Area Traffic Study . I Jackson-Scott and Associates The report by Jackson-Scott indicated that retail was a feasible reuse of the property and that it could be successful, but it questioned the feasibility of the proposed theatre. replaced it with storage for retail tenants. In response, the developers have eliminated the theatre and The updated traffic study examined the impact of the proposed development as well as redevelopment of several sites north of Eden Avenue, e.g. the existing school bus facility, the car wash and the medical clinic. include a mixture of office and retail uses with a total floor area of approximately 85,000 square feet. BRW, Inc. has made several recommendations for traffic improvements in the area to insure traffic flow at tolerable levels following redevelopment. That redevelopment would The proposed development would require amending the Comprehensive Plan, which illustrates the site as industrial, and the Grandview Area Redevelopment Plan, which shows it as multi-family housing. The amendments have been anticipated, however, the actual use of the property remains unresolved. action on land use has been to endorse a multi-family housing reuse of the area. Since that action there have been 285 units of multi-family housing constructed in the immediate vicinity and staff feels it would not be desirable to construct additional multi-family housing units in the area at this time. The only Council . The Community Development and Planning Commission considered the redevelopment proposal on August 1, 1990, and recommended preliminary rezoning subject to: 1) final rezoning, 2) plat approval, 3) amendment of Comprehensive Plan and Grandview Area Redevelopment Plan, 4) redevelopment agreement with the HRA, 5) implementation of Traffic Study recommendations, and 6) preliminary or concept approval of a redevelopment plan for the area north of Eden (school bus site). Planner Larsen concluded his presentation by outlining the following requested actions: 1) preliminary rezoning approval from existing industrial to retail land use, also integrating the school bus garage into the development, 2) authorization to proceed with redevelopment contract negotiations, and 3) renewal of the HRA resolution of condemnation. If the Council approves the foregoing, actions remaining would include: a) redevelopment agreement with HRA, b) final rezoning and plat approval, c) report on implementation of Traffic Study recommendations, and d) approval of redevelopment plan and rezoning for area north of Eden Avenue. Robert Shadduck, representing Jerry's Enterprises, stated that key issues in the redevelopment proposal were to accommodate the long term needs of the school district regarding the bus garage and to address the concerns of the neighborhood with regard to traffic, building location, setbacks and height. Mr. Shadduck then reviewed boards showing the proposed site plan, building facade, materials, elevations and detail of the two retail levels. Ted Giannoble, owner of TSC Office Building, 5244 Eden Circle, stated he supported the proposed redevelopment but pointed out that his office building needs additional parking. Mr. Giannoble presented a schematic showing an area between the back of the TSC Office Building and the proposed building that could be used for parking. He suggested that the Council, in considering the proposed project, also consider granting a building setback variance to accommodate their need for more parking. 9/4/90 183 It was noted that a letter dated September 4, 1990, from Pat Calderon, President of the Richmond Hills Association, was received stating that the association is in favor'of improvement in this area. Discussion was held by the Council Members regarding the proposed project. Issues raised by the Council regarding the subject redevelopment proposal included: 1) environmental concerns, 2) financial involvement, if any, by the public sector, 3) potential redevelopment north of Eden Avenue, including the Regis site, 4) firm commitment by the School District regarding the school bus garage, 5) land use, 6) proposed site plan, and 7) traffic generation. Member Paulus made a motion to refer the request for preliminary rezoning from PID, Planned Industrial District to PCD-2, Planned Commercial District to staff, for response to the following issues: 1) 2) 3) 4) Resolution of environmental issues. 5) 6) Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Commitment from the School District Board as to its position with regard to the proposed redevelopment. Response from staff regarding the current status of the Regis properties. Response from developer regarding commitment from two anchor retail tenants for the site. Potential City- participation under a redevelopment agreement. Response from the developer as to proposed redevelopment north of Eden Avenue and south of the existhg Jerry's site. The following resolution was then adopted by the Council acting in its capacity as the Edina Housing and Redevelopment Authority: Commissioner Smith introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina Housing and Redevelopment Authority (JBA) that it hereby extends the provisions of the resolution adopted by the HRA on October 2, 1989, relating to acquisition of certain property within the Grandviev redevelopment area by eminent domain, to February 1. 1991. Motion for adoption of the resolution was seconded by Commissioner Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *CDBG AGREEMENT WITH HENNEPIN COUNTY APPROVED Motion was made by Member Kelly and was seconded by Member Smith for adoption of the following resolution: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby authorizes and directs the Mayor and Manager to execute on behalf of the City the Subrecipient Agreement with Hennepin County (Contract No. A05520) to continue the Urban Hennepin County Community Development Block Grant Program for federal fiscal year 1991. Resolution adopted on rollcall vote, five ayes. *HEARING DATE OF 9/17/90 SET FOR PLANNING MATTERS Motion was made by Member Kelly and was seconded by Member Smith setting September 17, 1990 as hearing date for the following planning matters: 1) Section 7.D. 2) Preliminary Plat Approval - Belfy Addition - Lot 56, Morningside - 4243 Grimes Avenue. 3) Preliminary Plat Approval - Farrells Parkwood Knolls - 5700 Blake Road. Amendment to Customary Home Occupations Section of Zoning Ordinance No. 825, Motion carried on rollcall vote, five ayes. 184 9/4/90 PUBLIC HEARINGS CONDUCTED: VACATION OF EASEMENTS GRANTED FOR INTERLBCHEN HILTS 3RD ADDITION Affidavits of Notice were presented, approved and ordered placed on file. Engineer Hoffman presented the request for vacation of existing easements for drainage and utility purposes and for various public purposes in the plat of Interlachen Hills 3rd Addition. Lincolns Apartment project. easements except for a 20 foot sanitary sewer utility on Outlot A. recommend vacating the easements with the exception of reserving a 20 foot easement on Outlot A. vacation. . The request is related to clearing title for the The City no longer has a need for any of these Staff would All other utility companies have no objection to the Member Rice introduced the following resolution and moved its adoption: RESOLUTION VACATING EASEMENTS FOR DRAINAGE BM) UTILITP PURPOSES WHEREAS, a resolution of the City Council, adopted the 20th day of August, 1990, fixed a date for a public hearing on a proposed vacation of easements for drainage and utility purposes; and WHEREAS, tvo weeks' published and posted notice of said hearing was given and the hearing was held on the 4th day of September, 1990, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacations be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television polls and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the following described drainage and utility easements be and are hereby vacated effective as of September 5, 1990: Existing drainage and utility easements over the westerly 10 feet of Lots 1, 2, 3, 4, and 5, Block 1, INTERLACHEN HILTS 3RD ADDITION, being those dedicated in the plat thereof of record in Hennepin County, Minnesota. The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Motion was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Rice introduced the following resolution and moved its adoption: RESOLUTION VACATING EASEMENTS FOR VARIOUS PUBLIC PURPOSES WHEREAS, a resolution of the City Council, adopted the 20th day of August, 1990, fixed a date for a public hearing on a proposed vacation of easements for public park lands, public open space and storm water pond and holding area purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 4th day of September, 1990, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacations be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television polls and lines, gas and I 9/4/90 185 sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, TLZEREPORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the following described easements for various public purposes as described above be and are hereby vacated effective as of September 5, 1990 : That part of Outlot A, INTERLACHEN HILTS 3RD ADDITION according to the recorded plat thereof, which lies east of the northerly extension of the west lines of Lots 29 through 35, Block 1, in said INTERLACHEN HILTS 3RD ADDITION, except the Easterly twenty (20) feet of Outlot A, INTERLACEfEN HILLS 3RD ADDITION. The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PUBLIC HEARING CONDUCTED: VACATION OF EASEImNTS GRANTED FOR TRACT J. R.L.S. 329 Affidavits of Notice were presented, approved and ordered placed on file. Engineer Hoffman presented the request for vacation of utility easements on Tract J, R.L.S. 629, the Galleria property. The easement contains a watermain that once completed a watermain loop prior to the construction of the Yorktown area. public system. companies have no objection to the vacation. The easement and the watermain system are no longer needed as part of the Staff would recommend vacating the easement. All other utility Member Paulus introduced the following resolution and moved its adoption: RESOLUTION VACATING EASEMENTS FOR UTILITP PURPOSES WHEREAS, a resolution of the City Council, adopted the 20th day of August, 1990, fixed a date for a public hearing on a proposed vacation of easements for utility purposes; and WHEREXS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 4th day of September, 1990, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacations be made; and WIlEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television polls and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or NOW, THEREPORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the following described utility easements be and are hereby vacated effective as of September 5, 1990: The West Sixteen (16) feet of the East Six Hundred Forty-eight (648) feet of the South Two Hundred Eighty-two and Ninety-one Hundredths (282.91) feet and the East Eight (8) feet of the West One Thousand Two Hundred Forty-six and Fifty-one Hundredths (1246.51) feet (except the North Twenty-seven (27) feet thereof and the South Two Hundred Eighty-two and Ninety-one Hundredths (282.91) feet thereof) all in Tract "J" Registered Land Survey Number Six Hundred Twenty-nine (629), Hennepin County, Minnesota, recorded as Watermain Easement Doc. No. 595310. .otherwise attend thereto; 9/4/90 The West Eight (8) feet of the East Six Hundred Forty (640) feet (except the North Wen--seven (27) feet thereof and the South Wo Hundred Eighty-two and Ninety-one Hundredths (282.91) feet thereof) of Tract "J", Registered Land Survey Number Six Hundred Wen--nine (629), Hennepin County, Minnesota, recorded as Watermain Easement Doc. No. 595309. I The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. ORDINANCE NO. 715-81 (TO PROVIDE MANDATORY SEPARATION AND STORAGE OF RECYCLABLES FROM PLANNED RESIDENCE DISTRICT AND MIXED DEVELOPMENT DISTRICTS) AND ORDINANCE NO. 13011A5 (TO REQUIRE GBRBAGE/RECYCLTNG HAULERS TO OPFW RECYCLABLE C0I;LECTION SERVICE AND TO PROVIDE REPORTS) ADOPTED ON 2ND READING Recycling Coordinator Chandler recalled that the Council granted First Reading to Ordinance No. 715-A1 and Ordinance No. 1301-A5 on July 16, 1990. Notice had been sent to apartment owners/managers and garbage/recycling haulers that these ordinances would be on the agenda for second reading. concerns have on the matter of funding. on the ordinances. No objections have been received, the only Mayor Richards called for public comment No comment or objection was heard. Member Smith moved Second Reading and adoption of Ordinance No. 715-81 as follows: ORDINANCE NO. 715-83. AN 0RDI"CE AMENDING ORDINANCE NO. 715 TO PROVIDE FOR MANDATORY SEPARATION AND STORAGE OF RECYCLABLeS FROM PLANNED RESIDENCE DISTRICTS AND MIXED DEVELOPMENT DISTRICTS IN THJ3 CITY TEE CITY COUNCIL OF THE CITP OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. The following definitions of Sec. 2 of Ordinance No. 715 are hereby amended to read as follows: "Dwellings" means those dwellings described at (i), (ii) and (iii) of the definition of Premises in this ordinance. "Premises" means (i) all single family dwellings now or hereafter located in the Single Dwelling Unit District (R-1) as determined by the Zoning Ordinance (Ordinance No. 825) of the City, (ii) all double dwellings now or hereafter located in the Double Dwelling Unit District (R-2) as determined by said Zoning Ordinance, (iii) all dwelling units (as defined by said Zoning Ordinance) in a building in a Planned Residence District (PRD or PSR) or Mixed Development District as determined by said Zoning Ordinance except, however, those in a building in the PRD-5 subdistrict as determined by said Zoning Ordinance, (iv) all buildings in a PRD-5 subdistrict as determined by said Zoning Ordinance, (v) all buildings or parts of buildings now or hereafter owned by or leased to the City and located in the City, except, however, park shelter or park toilet buildings, and (vi) all buildings or parts of buildings nov or hereafter owned by or leased to the School District and located within the City. Sec. 2. Separation and Storage of Recvclables. (a) Sec. 3(a) of Ordinance No. 715 is hereby amended to read as follows: "(a) at (iv) of the definition of Premises in this ordinance, shall separate the recyclables from their respective premises from all other refuse, garbage, rubbish and waste matter as.defined in Ordinance No. 711, and shall store the recyclables separately in containers designated as containers for the storage of recyclables. As to the premises described at (iv) of the definition of Premises in this ordinance, it shall be the Every resident of every premises except the premises described 9/4/90 187 obligation and responsibility of the manager or owner of such premises, and not of the individual occupants thereof, to separate and store recyclables as required by the immediately preceding sentence." Sec. 3(b) of Ordinance No. 715 is hereby amended to read as follows: "(b) Containers for storage of recyclables shall be kept in the same location as is designated by Ordinance No. 711 for refuse containers; provided, however, that residents of those dwellings described at (i) and (ii) of the definition of Premises in this ordinance, and residents of townhouses as defined in the Zoning Ordinance (No. 825) of the City, and residents of dwelling units in buildings with eight dwelling units or less therein, not earlier than twelve (12) hours prior to the day for scheduled collection of recyclables from their respective dwellings, shall place the recyclables and the containers for recyclables at a place adjacent to the dwelling (or building in which the dwelling is located) or garage accessory thereto and visible from the street in front of the dwelling (or building in which the dwelling is located), or from the alley by the dwelling (or building in which the dwelling is located), if that dwelling (or building in which the dwelling is located) has refuse collection service at the alley. scheduled collection, the containers for recyclables and any recyclables not collected shall be returned by the resident of 'such dwelling to the same location as containers for refuse are kept as designated by Ordinance No. 711." 3. Collection of Recvclables. Sec. 4(a) of Ordinance No. 715 is hereby amended to read as follows: "(a) selected and paid by a resident of such premises or by a manager of such premises or by an association governing such premises, but which hauler is then duly licensed by the City under Ordinance No. 1301 of the City and other then applicable ordinances of the City or County. Also, such collection shall be done in compliance with all other applicable After the Collection of recyclables from premises shall be by a hauler __ ordinances of the City now or hereafter in effect. " (b) Sec. 4 of Ordinance No. 715 is hereby amended to add a new paragraph (d) as follovs: (d) The manager or governing association of premises as defined at (iii) and (iv) of Sec. 2 of this ordinance shall report to the City Manager, upon written request from time to time made by the City Manager, or his/her designee, and on forms prescribed by the City Manager, or his/her designee, such information relative to the program for separation, storage and collection of recyclables then in effect for their premises as the City Manager, or his/her designee, shall then request. Sec. 4. Effective Date. This ordinance shall be in full force and effect upon its passage and publication, but not earlier than.January 1, 1991. Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. Member Smith moved Second Reading and adoption of Ordinance No. 1301-A5 as follows : ORDINBNCE NO. 1301-A5 AN ORDINBNCE AMENDING ORDINANCE NO. 1301 188 9/4/90 TO REQUIRE GARRAGE EfArmEBs bM) RECPCIZNG BBULERS TO OFFER RECYCIABLE COLLECTION SEBVICE AND TO PROVIDE RECYCKIXG REPORTS, AND IMPOSING A PENALTY . THE CITY COUNCIL OF THE CITY OF ED=, HRQWSOTA ORDAINS: f ollows : Section 1. Ordinance No. 1301 is hereby amended by adding a new Sec. 16 as Sec. 16. Recvclable Collection Service. All persons licensed under this ordinance to haul, convey or collect rubbish, garbage or other refuse, as defined in Ordinance No. 711 of the City, or recyclables as defined in Ordinance No. 715 of the City, shall offer recyclable collection service to their customers. Sec. 2 Ordinance No. 1301 is hereby amended by adding a new Sec. 17 as Sec. 17. Recycling: Reports. Within thirty (30) days after the end of each calendar quarter, and also upon request made from time to time by the City Manager, or his/her designee, each hauler licensed under this ordinance, Manager, or his/her designee, on forms prescribed by the City Manager. or his/her designee, relative to the recyclables collected during the period from the then prior report to the City, including the amounts and kinds of recyclables, the markets used for sale of, and primary purchaser of, recyclables, and including such other information relative to recyclables as then be requested by the City Manager, or his/her designee. Sec. 3. Penaltv. Sec. 16 of Ordinance No. 1301 is hereby renumbered Sec. 18 Sec. 18. Penalty. (a) Any person violating this ordinance shall be guilty of a misdemeanor and subject to a fine and penalty as set out in Ordinance No. 175 of the City, as from time to time amended. (b) violating this ordinance may be suspended or revoked as provided by Ordinance No. 141 of the City and Sec. 8 of this ordinance." Sec. 4. Effective Date; This ordinance shall be in full force and effect follows : -shall provide to the City such information as is then requested by the City =Y and amended to read as follows: In addition to the foregoing penalties, the license of any person immediately upon its passage and publication, but not earlier than January 1, 1991. ATTEST : Mayor vy City Clerk Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. *BID REJECTED FOR CAHII;L INTERPRETIVE SITE Motion was made by Member Kelly and was seconded by Member Smith to reject the sole bid for the Cahill Interpretive Site from Concrete Design Specialist at $114,670 and to rebid the project. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR PAMELA PARK PLAYGROUND EQMP"T Motion was made by Member Kelly and was seconded by Member Smith for award of bid for Pamela Park playground equipment to recommended low bidder, Earl F. Andersen and Associates, Inc., at $24,318.66. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR PORK PARK PLAYGROUND EOMPHEIW. and was seconded by Member Smith for award of bid for York Park playground Motion was made by Member Kelly 9/4/90 189 equipment to recommended low bidder, Earl F. Andersen and Associates, Inc., at $15,633.34. Motion carried on rollcall vote, five ayes. BID AWARDED FOR STREETSCAPE IMPROVEMJZNTS PHASE I - LIGHTING AND DEMOLITION AND REMOVALS - 50TH AND FRANCE BUSINESS DISTRICT Member Kelly stated she had asked this bid to be removed from the consent agenda because she felt the bid was too high. Gordon Hughes, HRA Executive Director, explained that this is Phase I of the 50th and France Business District Renovation Project which the Council had approved on June 4, 1990 at a total budget of $2,134,000 to be funded 80% through tax increment financing and 20% specially assessed. Phase I Street Lighting was .estimated at a cost of $410,000. Since that estimate was computed some street lighting was added to the project on West 49 1/2 Street in concert with the 50th and France Committee. It is anticipated that cost for the added lighting will be offset by under estimate costs for Phase 11; specifically, the cost for the sidewalk pavers. In staff's opinion, the total project can be constructed within the estimated project budget. At that time, the Member Smith made a motion to send the bid back and to bring it forward as originally estimated, with an explanation of anything added. Motion was seconded by Member Kelly. Ayes: Kelly, Smith Nays: Paulus, Rice, Richards Motion failed. Member Paulus made a motion for award of bid -for Streetscape Improvements Phase I - Lighting and Demolition and Removals for the 50th and France Business District to recommended low bidder, Electric Service Company of Minneapolis, Inc.. at $598,443.00. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Richards Nays: Kelly, Smith Motion carried. *BID AWARDED FOR ENERGY MANAGEXEN'J! SYSTEM - EDINBOROUGH PARK Member Kelly and was seconded by Member Smith for award of bid for an energy management system for Edinborough Park to sole provider, CSEM, Inc., at $9,839.00. Motion was made by Motion carried on rollcall vote, five ayes. RESOLUTION ADOPTED ON RECYCLING PUNDING POLICY FOR MULTIFAMILY HOUSING Coordinator Chandler stated that on August 7, 1990 the Hennepin County Board of Commissioners passed a resolution establishing a policy for multifamily housing units with two major provisions: 1) be available to multifamily housing units by July 1, 1991. 2) household. The details for implementation of the funding provision have not been worked out Recycling The County resolved to amend Ordinance 13 to require that recycling services The County will subsidize the cost of containers up to a maximum of $5.00 per except that cities-would need to apply for this reimbursement by December 31, 1991. . Staff would recommend adoption of a resolution to provide City funding to offset the cost of recycling containers for multifamily buildings, based on a maximum amount of $5.00 per household, cost to be reimbursed by Hennepin County. intent is to provide funding for large recycling storage containers, not one container per household. It was noted that letters from managers of large apartment buildings in Edina has been received urging the Council to provide a subsidy for rental multifamily units. Norman Bjornnes, owner of Vernon Oaks, spoke in support of the subsidy. The 9/4/90 Member Smith introduced the following resolution and moved its adoption: BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby accepts the Hennepin County subsidy for the cost of recycling containers up to a maximum of $5.00 per multifamily household as stated in Hennepin County Resolution RESOLUTION NO. 90-8-592Rl. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. REQUEST OF EDINA SCHOOL DISTRICT FOR REBATE OF EXCESS TAX INCREMENTS RED TO STAFF Assistant Manager Hughes recalled on August 6, 1990, the Council considered the request of the Edina School District to rebate excess tax increments from the 50th & France and Grandview tax increment financing districts which resulted from the 1988 School District Referendum. The Council asked that the School District provide additional information concerning the revenue neutrality of the requested rebate. The Council also asked the amount that would be rebated to the Richfield School District, if they were to make a similar request for the Southeast Edina tax increment financing district. A letter has been received from James A. Hamann, Edina School District, addressing the "revenue neutral" question. The excess increment generated from the Richfield School District referendum for pay 1990 taxes is approximately $87,500.00. It was the consensus of the Council Members that staff be instructed to discuss further with school officials all of the ramifications of the request before further consideration by the Council. FEASIBILITY REPORT PRESENTED: HEBRING DATE OF 10/01/90 SET FOR TREE TRIMMNG IMPROVEMENT - COUNTRY CLUB DISTRICT Park and Recreation Director Kojetin presented a feasibility report on a proposed boulevard tree trimming improvement, to be funded by special assessment, as follows: Improvement Locat ion Estimated Cost Tree Trimming Area bounded by Hwy 100 on the West, Total $125,000 (est. 2000 trees) 54th Street on the South, the City Per Dwelling $155 . boundary line on the East, and the City boundary line on the North 'I Member Rice introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEBRING ON TREE !EUHKING IMPROVEMENT 1. preliminary report as to the feasibility of the proposed Tree Trimming Improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, October 1, 1990, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The City Park and Recreation Director, having submitted to the Council a . The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) CITY OF EDRU 4801W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PhLIC HEARING TREE TJUXWXG PROJECT NO. TT-90 9/4/90 191 The Edina City Council will meet at the Edina City Hall on Monday, October 1, 1990 at 7:OO p.m. to consider the proposed tree trimming.project under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of the project estimated by the City as: TRIMMING AREA An area bounded by Highway 100 on the West, 54th Street on the South, the Eastern City boundary line on the East and the Northern City boundary line on the North. PROJECT NO. ESTIMATED COST TT-90 $231,000 or $126 per property or $110 per tree trimmed The project would be funded by special assessment. BY ORDER OF THE EDINA CITP COUNCIL. Marcella M. Daehn, City Clerk Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. REPORT PRESENTED ON NEW TAX INCIlEMENT DISTRICTS stated that, as directed by the Council, he had made a second contact with property owners in the new tax increments districts at 44th & France, Valley View & Wooddale and 70th & Cahill Road in an attempt to stimulate the private sector to come forth with ideas for projects in those areas. In summary, the results are as follows : Peter Meyers, City Consultant, 44th and France T.I.F. District - Some interest by counsel for the Edina Cleaners concerning improvements in the building relating to enforcement directives by City staff. Mild interest by Durr whose only interest related to the five residential properties to the west. 70th and Cahill T.I.F. District - No interest on the part of the property owners. Valley View and Wooddale T.I.F. District - Ed Ackus, owner of Southwest Medical Clinic Building, has made some minor improvement in the parking lot already and is interested in improving the property and expanding it to include the adjacent service station. Shopping center, owned by Allis brothers, is a possibility but they are discouraged by the traffic demographics and are reluctant to commit to additional retail space. It was the consensus of the Council that nothing further should be pursued in these districts at this time with the exception of a final meeting by Mr. Meyers with the owner of Southwest Medical Clinic Building. QUIT CLAIM DEED APPROVED FOR LOT 1 AND PART OF LOT 2. BLOCK 2, INTERLACHEN HILJX 3RD ADDITION the City to release any public interest for abandoned sanitary sewer and watermain lines running across the building site for the Lincoln Apartments project in Interlachen Hills 3rd Addition. No easements for those lines have been recorded. However, the title company and mortgage firms are coricerned about the issue. The City Attorney has discussed this issue with the developer and the recommendation is to release any claim the City may have by authorizing execution of a quit claim deed as to any interest for public purposes. Engineer Hoffman presented the request for a quit claim deed from Member Rice introduced the following resolution and moved its adoption: BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, that it hereby authorized and directs the Mayor and Manager to execute a quit claim deed for release of public interests for abandoned sanitary sewer and watermain lines on Lot 1 and part of Lot 2, Block 2, INTERLACHEN HILLS 3RD ADDITION. Motion for adoption of the resolution was seconded by Member Paulus. RESOLUTION AUTHORIZING QUIT CLAIM DEED 9/4/90 192 Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . WXMl?ORARY ON-SALE LIQUOR LICENSE APPROVED FOR THE EDINA FOUNDATION - EDINAHITE Motion vas made by Member Kelly and was seconded by Member Smith to approve issuance of a Temporary On-sale Liquor License to The Edina Foundation in connection vith EDIHBMTE to be held on November 10, 1990. Motion carried on rollcall vote, five ayes. RESIGNATION OF PEGGY KELLY FROM SHHSC RECEIVED: VACANCIES ON OTHER BOARDS NOTED Mayor Richards presented a letter of resignation from the South Hennepin Human Services Council Board dated August 28, 1990 from Member Kelly, noting that the joint powers agreement requires that an elected official from each city serve on the board. resulting from the resignation of Paul Gens. Mayor Richards asked the Council Members to let him know if they were interested in serving on the board as the elected official and to submit names to fill the Gens vacancy, which could be a citizen or staff person. Mayor Richards also advised the Council of the following resignations: Walter Sandison from the Heritage Preservation Board and Gary Dietz from the Human Relations Commission. He asked the Council Members to submit names to fill those vacancies. COUNCIL HEETINGS WITH ADVISORY BQARDS/COHHISSIONS DISCUSSED it was the consensus of the Council Members that they continue to meet annually with the major advisory boards/commissions/committees on a schedule similar to that of the past year, at 6:OO p.m. prior to a regular Council Meeting. He reminded the Council of the other vacancy on the SHHSC Board ' Following discussion . PETITION FORMAT APPROVED In response to concerns of the Council regarding recent petitions presented to the City, Manager Rosland presented a revised petition format for the Council's review. He pointed out that this format directs signers to the fact that the Council may assess costs of improvements against the benefiting properties, which information has been omitted from some of the recent petitions that have been circulated. Following discussion, Member Paulus made a motion that all citizeus petitioning the City Council for public improvements must either use the official City petition form or if using another format it must contain the following information: 1) type of improvement requested, 2) location of improvement, 3) a statement that all who sign understand the Council may assess the cost against the properties benefiting, 4) printed name of property owner together vith signature, phone number and property address, and 5) signature of person circulating petition. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith Nays : Richards Notion carried. PROPOSED 1991FEES AND CHARGES TO BE ON 10/15/90 AGENDA the proposed 1991 fees and charges and advised that this matter will be on the October 15, 1990 Council Agenda for consideration and final approval. *CLAIMS PAID Motion vas made by Member Kelly and vas seconded by Member Smith to approve payment of the following claims as show in detail on the Check Register dated 09/04/90 and consisting of 25 pages: General Fund $158,776.77, Codcations $21.83, Art Center $1,253.59, SvjImming Pool Fund $1,336.18, Golf Course Fund $38,464.76, Recreation Center Fund $1,524.90, Edinborbugh Park $20,108.06, Utility Fund $237,824.82, Storm Sewer Utility $3,567.00, Liquor Dispensary Fund $3,400.74, Construction Fund $54,836.34, Total $521,114.99 Manager Rosland presented I . 9/4/90 193 Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:15 p.m. -2%A%.U City Clerk I