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HomeMy WebLinkAbout19910304_regularIIINUTES OF TEE BeGuIdB.MEETING OF THE EDIHb CITY COlRiICIL HELD AT CITP TIAIL lIbacH 4, 1991 23 R0I;LCBI;L Answering rollcall were Members Kelly, Paulus, Rice, Smith, Mayor Richards. CHRONIC FATIGW SYNDROME AWARENESS WEEK PR0CTATWP.D folloving proclamation vhich vas unanimously adopted: wEEREAS, Chronic Fatigue Syndrome (CFS) is a recently defined illness characterized by incapacitating fatigue and weakness, an array of flu-like symptoms and cognitive problems. and; VHeaEhS, these symptoms may last for many months or years, are often severely debilitating, and most often affect people under the age of 45, and; wEEREAS, as not all physicians are familiar with CFS, many times it is incorrectly diagnosed because the symptoms appear similar to other illnesses, and; WHEREAS, an important part of our workforce and society is affected by CFS and proper treatment for the illness is not vell-defined, and; WHEREAS, it is important that we build a greater knowledge and awareness of CFS, and increase research funding, in order to help the significant number of Americans who suffer from this syndrome: NOW TEEREFORE, I Frederick S. Richards as Mayor of the City of Edina, do hereby proclaim the week of March 3-9, 1991, as and urge all Edina residents to increase understanding of CFS in our community. Mayor Richards presented the PROCIAHATIOEJ CHRONIC FATIGUE SYNDROME AWARENESS VEEK Accepting the proclamation were Beverly MacHolda and John Seagard of the Chronic Fatigue Syndrome Association of Minnesota. The CFS Association provides support to persons afflicted with the syndrome, gathers and disseminates relative and accurate medical information on the subject, and supports research locally and nationally. CONSENT AGENDA ITEMS ADOPTED Member Rice to approve and adopt the Council Consent Agenda items as presented. Motion vas made by Member Paulus and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, SmLth, Richards Motion carried. *MI"TES OF REGmBa MEETINGS OF 1/7/91 AND 1/22/91APPROVED Member Padus and vas seconded by Member Rice to approve the minutes of the regular meetings of January 7, 1991, and January 22, 1991. Motion vas made by Motion carried on rollcall vote, five ayes. TEMPORARY CONDITIONAL USE PERMIT GRANTED FOR DR. JOYCE ANDERSON. 7121 GLOUCHESTER AVENUE. FOR EO= OCCUPATION Affidavits of Notice were presented, approved, and ordered placed on file. Associate Planner Kris Aaker recalled that the City Council, on February 4, 1991, voted to reconsider the issuance of a Temporary Conditional Use Permit for Home Occupation for Dr. Joyce Anderson, 7121 Glouchester Avenue. John W. Mooty, attorney for the proponent, reviewed a signed supplement dated February 11, 1991, to Dr. Anderson's original Temporary Conditional Use Permit application. The provisions of the supplement are as follows: 1) 2) 3) No trips will occur on Sunday; No trips will occur after noon on Saturday; on Monday through Friday, no appointment will be made to: a) commence after 5:OO P.M. 3/4/91 b) no appointment will extend beyond 6:OO P.M. c) not more than one appointment shall occur during the period from 5:OO P.M. d) no appointment shall overlap with any other appointment e) no appointment shall be made that commences before 9:30 A.M. f) in no event shall more than six appointments be made in any day nor more than twenty in any week g) all vehicles of clients shall park off-street h) no changes shall be made in either the interior or exterior of the premises. to 6:OO P.M. Mayor Richards opened the hearing for public comment. were heard. No comments or objections Member Kelly made a motion to approve issuance of the Temporary Conditional Use Permit for Home Occupation to Dr. Joyce Anderson of 7121 Glouchester Avenue, subject to the supplement provisions as submitted, dated February 11, 1991. Member Rice seconded the motion. Following discussion about number 3 (g), of the supplement, Member Smith offered an amendment to the motion to add a fourth provision to the supplement, stating, "All clients must use Dr. Anderson's driveway for parking while seeking professional services." Member Rice seconded the amendment to the motiqn. Rollcall : Ayes: Kelly, Paulus, Rice, Smith Nays: Richards Motion carried. Mayor Richards then called for rollcall vote on the main motion as amended to approve issuance of the Temporary Conditional Use Permit. Rollcall : Ayes: Kelly, Paulus, Rice, Smith Nays: Richards Motion carried. PUBLIC l3EARING CONDUCTED ON APPEdL OF BOARD OF APPEXIS AND ADJTJS!REI!lTS DECISION FOR VARIANCE REQUEST TO IJ!WMLL A"A AT 5600 LIXCOIA DRIVE Affidavits of Notice were presented, approved and ordered placed on file. Associate Planner Kris Aaker, said the Board of Appeals at their February 7, 1991, meeting, heard the USWest Newvector Group's request for setback and height variances. locate an antenna tower and equipment building with the front yard setback area of property located within a PID, Planned Industrial District at 5600 Lincoln Drive. The USWest NewVector Group has applied for the following variances to obtain a permit for their request: 1. 2. "he proponent is proposing to A 23 foot height variance to allow an antenna tower to exceed the maximum allowable antenna height of 75 feet. A 43 foot front yard setback variance to allow the proposed antenna tower to encroach into the front yard setback area. for the PID District is 50 feet or building height, whichever is greater. A 16 foot front yard setback variance to allow an equipment building to be located within 34 feet of the front yard property boundary. The required front yard setback 3. "he Board of Appeals and Adjustments voted unanimously to deny the request, in agreement with staff recommendations as follows: 1. Applicant has not sufficiently demonstrated that the property could not be put to reasonable use without approval of the variance request. requiring a variance are due to the nature of the cellular telephone business and not by conditions present on the site. Conditions for- 3/4/9 1 25 2. 3. The antenna tower height is excessive and would have a negative visual impact on surrounding properties. A precedent would be established if the variance were to be approved allowing similar requests to be submitted. The proponent has appealed the Board's decision and has requested that the proposal be heard by the City Council. provided staff with two additional alternatives. The first alternative (Location llB1l) located near the west property boundary and Highway 169 would require an 11 foot rear yard setback variance for the utility building and a 23 foot height variance and 78 foot rear yard setback variance for the antenna tower. ' alternative proposed (Location llCw) is located in the Northeast corner of the property and would comply with all ordinance requirements (75 feet for antenna height and setback). denial of the original variance request at Location "A". Since the Board of Appeals meeting, the applicant has The second Staff recommends that the Council affirm the decision for Presentation by Proponent David Larson, attorney for USWest Newvector Group, introduced Bob Davis, site planner, and Tom Mosley, representing the property owner, Michael Orren, Mr. Larson gave a summary history of the cellular phone industry. The industry began in 1984 and is growing annually at a 30% rate. 25,000 with a potential 10,000 new subscribers this year. Each cell (antenna) can only service approximately 50 calls simultaneously. As the number of subscribers and usage increase, it is necessary to increase the number of antennas. Originally the antennas were 175 feet in height; as they increase in number and are closer together, the necessary height decreases. area within a radius of 1.5 miles. location of four existing antennas in the surrounding area. Subscribers in the metropolitan area exceed The proposed antenna would service an A board presentation was made showing the Mr. Larson said that their computer research had identified the best location for the proposed antenna as east of Highway 169 and north of Highway 62 in order for it to function properly. zoning requirements except for the property at 5600 Lincoln Drive, specifically, the site in the southeast corner which was proposed to the Board of Appeals. No sites in the search area were found that would fit the Prior to the Board of Appeals meeting, they had met with residents living on Done Drive, Parkwood Lane and Malibu Drive. with the aesthetics of the tower and how it would impact property values which they also had expressed at the Board of Appeals meeting. been obtained from an Edina appraiser which states that the antenna pole would have no measurable value impact upon the surrounding neighborhood properties. Subsequently, the owner has offered two alternative sites on the subject property, Location rrBrl near the west property line and Location "C" in the northeast corner of the property where a 75 foot antenna could be placed without any variance required and for which a building permit application has been submitted. The primary concerns of those residents were Since that time, an opinion has Mr. Larson concluded his presentation by showing visual images created by computer of the proposed antenna from different perspectives and locations in the surrounding residential area. Member Rice asked what type of antenna is proposed, why it is necessary and whether they had considered placing it on the Marriott Hotel. Mr. Davis, architect for USWest Newvector, answered that what is proposed is a monopole or single light pole type of structure either 75 feet or 98 feet in height. the area has coverage, it is at capacity. A large number of calls are dropped on Highway 62 at Gleason Road and they are trying to correct that technical problem. One of the unique things about cellular phones is a process called "hand off". you travel in a car and approach another cell, either physically or with higher He explained that although As 26 3/4/91 power, your call automatically is transferred to that cell. the Marriott Hotel building, it is too high for an antenna to be effective. With regard to using I Public Comments Speaking in opposition to the proposed antenna were: Kathy Woolley, 5509 Malibu Dr.; . Stan Petzel, 5509 Parkwood In.; Ekrem Gozum, 6616 Parkwood Rd.; Pat Hodratz, 6807 Dovre Dr. also speaking for neighbors, Mr. & Mrs. Frank Walter, 6809 Dome Dr.; William.Mueller, 6617 Parkwood Rd.; Mario Bognanno, 6620 Parkwood Rd.; Ed Powers, 5500 Parkwood Ln. Concerns expressed by residents included the following: 1) Aesthetic intrusion by the tower on the residential neighborhood, 2) Lowering of property values, 3) Homeowners should not have to bear burden of proponent's economic success, and 4) Affect on television reception. Council Action Mayor Richards stated that the matter before the Council is to affirm or reverse the decision of the Board of Appeals for denial of the variances requested to permit construction of the 98 foot antenna as was heard by the Board. However, because of what is developing in the relatively new cellular industry, the Council may need to review and study existing ordinance requirements and restrictions as they relate to antennas in general. Member.Kelly made a motion directing the staff and City Attorney to prepare findings and reasons in support of affirming the decision of the Board of Appeals to deny the variance request of USUest NeuVector Group. Motion was seconded by Member Smith, City Attorney Erickson clarified that the Council is not taking action now. motion would simply direct. staff to prepare a document for the Council's review and final decision. The Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith commented that, historically, when something new is happening in the City, e.g. backyard antennas, land use, subdivisions and now telephone antennas, the Council has taken the time to study the subject, listen to the citizens, and then develop ordinances if necessary. In order to look at this issue, a moratorium on issuance of permits for antennas would be in order. resolution directing staff to conduct such studies would be in order. Mayor Richards submitted that a Member Smith introduced the following resolution and moved its adoption: WHEREAS, the City of Edina is essentially fully developed; and WHEREAS, the Council is of the belief that there vi11 be an ever increasing demand for tovers, antennas, and dish antennas (as defined in Ordinance No. 812 of the City) to be erected in the City for cellular telephones and other kinds of communication, with results that may be detrimental, in many respects, to the value of adjoining properties and to the quality and character of the affected neighborhood and the City as a vhole; and VHEREhS, the City Council believes that the ordinances and Comprehensive Plan of the City may not be adequate to guide future erection, location, size and use of such tovers, without detriment to the City or its citizens, and further believes that it -is desirable to review the plans and ord3nances of the City to determine if any changes or amendments should be made to the procedures and criteria for approving and alloving erection, including location, size and use, of such tovers, antennas, and dish antennas in the City. NOW, THEREFOBE, BE IT RESOLVED, that the City staff is hereby authorized and directed to conduct studies of the applicable plans and ordinances of the City, and RESOmIOB I 3/4/91 to give information to, and make recommendations to, the City Council relative to the need and desirability, if any, for adopting or amending the plans and ordinances of the City relative to restricting, regulating or controlling the erection, location, size and use of such towers, antennas, and dish antennas within the City, and if needed or desired, the terms and conditions of and controls. Motion for adoption of the resolution was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Smith introduced Ordinance No. 114 (Imposing a such restrictions, regulations Member Kelly. Moratorium on Permits for Towers) and moved its adoption as follows, with vaiver of Second Reading: ORDINANCE NO. 114 AN ORDINANCE IMPOSING A MORATORIUM ON ISSUANCE OF PEWITS FOR ERECTION OR CONSTRUCTION OF TOWERS, ARENIQW, AND DISH ANTHWAS, AS DEFINED IN ORDINANCE NO. 812 OF THE CITP OF EDINA THE CITY COUNCIL OF THE CITY OF EDINA,BE"ESOTA ORDAINS: Pursuant to applicable Minnesota statutes the City will be conducting studies, pursuant to authority and direction of the Council, for the purpose of considering amendment of its comprehensive plan, and adoption and/or amendment of official controls, as defined in Minnesota Statutes, Section 462.352, Subd. 15, including amendment of Ordinance No. 812 (the "Tower Ordinance") and Ordinance No. 825 (the "Zoning Ordinance"). The amendments and official controls being studied vi11 consider, among other things, the need and desirability of regulating, controlling and restricting the height, size, location and use of towers, antennas, and dish antennas, as defined in the Tower Ordinance, and if so regulated, controlled or restricted, the terms and conditions of such restrictions, regulations and controls. are being considered, proposals for construction, erection or relocation of such towers, antennas, and dish antennas, and applications for permits therefor, continue to be hade. Therefore, in order to protect the planning process and the health, safety and welfare of the citizens of Edina, it is necessary and desirable to impose the following moratorium pursuant to the authority granted by Minnesota Statutes, Section 462.355, Subd. 4. Sec. 2. Moratorium. From the effective date of this ordinance to and including the first anniversary of such effective date, subject to earlier termination or extension by the Edina City Council, the Edina City Council, the Edina Community Development and Planning Commission, the Building Official, the Board of Appeals and Adjustments, the Board of Appeals, and the Edina City staff shall not grant any permits, for the construction, erection or relocation of any tower, antenna, and dish antenna, as defined in Ordinance No. 812 of the City. and the effective date of this ordinance shall be, March 5, 1991. Section 1. Purpose. However, while the amendments and new official controls Sec. 3. Effective Date. This ordinance shall be in full force and effect on, Motion for adoption of the ordinance was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. David Larson reiterated that USWest Newvector had applied for a permit to construct a 75 foot antenna tower in Location "C" in the northeast comer of the subject 2 3/4/91 e property and asked if the moratorium would apply to pending permits. Erickson answered that the moratorium just adopted by the Council would apply to any permits not yet issued. Attorney FJXAL PUT APPROVED FOR FARREIJS PARKUOOD KHOIJS - 5700 BLAKE ROAD Associate Planner Aaker presented the request for final plat approval for Farrells Parkwood Knolls, 5700 Blake Road. approval on January 22, 1991, subject to the condition that the height of the home developed on Lot 2 be limited to 18 feet. Agreement (Conditions to Variance) as to Lot 2, Block 1 of the subject plat which imposes the height restriction. Staff would recommend final plat approval, subject to: 1) Subdivision dedication based on an unimproved land value of $190,000, and 2) Recording of Agreement limiting height of home to be developed on Lot 2. She recalled that the Council had granted preliminary plat The Farrells have now executed an No public comment or objections to the final plat were presented. Member Smith introduced the folloving resolution and moved its adoption, subject to: 1) Payment of subdivision dedication fee of $15,200, and 2) Recording of Agreement limiting height of home to be developed on Lot 2: RESOLUTION APPROVING FINAL PUT FOR FA3WLT.S PARKWOOD KNOLIS BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, that that certain plat entitled "FARREIXS PllhaKvOOD KNOIJS", platted by James M. Farrell and Linda L. Farrell, husband and wife, owners and proprietors, and Knutson Mortgage Corporation, mortgagee, and Mknesota State Bank, mortgagee, and presented at the regular meeting of the City Council on March 4, 1991, be and is hereby granted final plat approval*. Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Rice, Smith Nays: Paulus, Richards Resolution adopted. CONDITIONAL USE PERMIT REQUEST RECONSIDERED FOR -PIN C0U"Y LIBRARY - BUILDING EXE'ANSIOPJ: PERMIT GRANTED Raymond Johnson, project manager for Hennepin County on the Southdale Li'brary Expansion Project, presented the request that the Council reconsider their application for a conditional use permit for building expansion that had been denied by the Council on February 19, 1991. reconsideration upon a 3/5 favorable vote following "evidence of a change of facts or circumstances affecting the proposed use." supporting their request. The Zoning Ordinance provides for Council Revised plans were submitted Mr. Johnson explained that the plans now illustrate a "drive-up" book drop included as a part of a new book receiving room. footprint of the library is located at the existing night book deposit. submitted in answer to concerns that were expressed by the Council. added drive-up convenience for the public, this space will help to support the increase in circulated volumes anticipated because of the enlarged facility. The new 450 square foot room within the This is Besides the Regarding parking, Mr. Johnson said that, initially, there were two parking schemes proposed and presented to the Planning Commission. setback variance; Scheme B required no variance. The Commission recommended approval of Scheme A. the Council. With both parking schemes now presented, Mr. Johnson said they remain dedicated to the original Scheme A but in the interest of the project priorities would defer to the wishes of the Council. Scheme A required a parking Apparently, both of those schemes had not been presented to 3 14 19'1 29 Member Smith made a motion to reconsider the conditional use permit application for building expansion for the Southdale Hennepin Area Library at 7001 York Avenue, based on evidence of a change of facts as presented affecting the proposed use. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards called for Council question's or comments on the revised plans as now presented. could be constructed within the existing configuration without a variance. Jeff Scherer, MSR Architects, szated that, although the total square footage has been increased, the number of required parking spaces would be met. Mr. Johnson added that the reason they had asked.for Scheme A, which required a variance, was that on occasion the parking lot is filled to overflowing with patrons parking in the driveways. It is this kind of condition that the library was attempting to alleviate. Member Kelly asked if the parking as required by the Zoning Ordinance In response to questions of Member Smith, Beverly Thiede, Southdale Hennepin Area Library Director, said their budget would control whether the book-drop would be open all hours, as it must be staffed. Hopefully, when the expansion project is finished they will attempt to keep it open all the time. Member Smith commented that, with the cooperation shown from Hennepin County on the book drop, he would support the additional parking on the west side, with enhancement of the landscaping in that area. No further comments or objections were heard. Member Kelly introduced the following resolution and moved its adoption: WHFXEAS, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance) have been met; and WHEREAS, it has been determined that the Findings as required by Ordinance No. 825 have been satisfied; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a Conditional Use Permit to Southdale Hennepin Area Library at 7001 York Avenue South for building expansion, according to the revised plans presented illustrating a drive-up book drop and parking Scheme B. Motion was seconded by Member Rice. RESOLUTION GRANTING CONDITIONAL USE PERMIT Member Kelly submitted that she had not supported the variance for these reasons: 1) The book drop should alleviate some of the parking need, 2) The green space along York Avenue should be preserved, and 3) If additional parking is needed in the future the Council could reconsider. Member Paulus commented that the Council should understand that, even though the County had responded to the Council's concerns regarding a book drop, from the comments made as to budget restraints, it may be open for very limited hours and that the book drop may be a compromise to get the building expansion moving forward. Member Rice commended the County on their revised plans and concurred with Member Kelly's comments in support of the motion. Mr. Scherer observed that the budget for the project will have to be reduced in other areas to pay for the increased costs of the book drop. Ms. Thiede clarified that when they talked about book drop costs previously, it included some type of automated device for pick-up. The space for automation has been provided so that in the future it could be automated if budgets allow. She reiterated the County's plea for the additional 20 parking spaces. Mayor Richards then called for rollcall vote on the motion. 3/4/91 30 Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. * BEABIF?G DAW OF 03/18/91 SET FOR PIAN"G LIihTTEBS Motion was made by Member Padas and vas seconded by Member Rice setting March 18, 1991, as hearing date for the folloving PlnrmJnP. matters: 1) Planned Office District - BM), Begibnal Medical District to POD-1 , Lot 2, 2) Preliminary Plat Approval - Brennan Addition - Lot 5, Block 7, Indian Hills . Block Southdale Acres - Diversified Credit Union, 6525 Drew Av. S. Motion carried on rollcall vote, five ayes. PUBLIC HEARING HEIS OH SAIZ OF S!I!RONG BEER IN RESTAURANTS HOLDING WINE LIGENSES; 0RDI"CE AMENDMENT M BE DRAFTED and ordered placed on file. In addition, the Edina Sun-Current published an article on February 20, 1991, concerning the March 4, 1991, hearing. Notice was also provided to the Edina Ministerial Association, the Edina Public Schools and the Edina Chamber of Commerce. Affidavits of Notice were presented, approved Legal notice was published in the official newspaper. Mayor Richards stated this public hearing was ordered by the Council in response to concerned citizens who had requested the Council to consider an ordinance amendment to authorize the sale of strong beer in restaurants holding wine and 3.2 beer licenses. Council should initiate the ordinance amendment or whether there should be a referendum on the issue. The Council has been advised that it could direct staff to prepare the necessary amendment to Ordinance No. 902 for consideration at the March 18, 1991, meeting. Also, the Council then could consider the adoption of the ordinance amendment without the need for further public hearings. Mayor Richards advised that one letter had been received, dated February 26, 1991, from Bravo! Ristorante Italian, 3910 W. 50th Street, in support of amending the ordinance to permit the sale of strong beer. for public comment. The purpose of the hearing is to solicit comments as to whether the I Mayor Richards then opened the hearing Speaking in support of allowing the sale of strong beer in restaurants holding wine and 3.2 beer licenses were: Ken Savik, 5718 Cambridge, St. Louis Park, operator of the Original Pancake House-My Pie Pizza at 3501 W. 70th; Daniel Sarno, Two Guys From Italy Restaurant, opening in Centennial Lakes in April; Marsh Everson, President of the Edina Chamber of Commerce; Joe Ryan, representing owner/managing agent of Southdale Office Center (vacant Marc's Big Boy Restaurant); and Dick Brozic, 4628 Bruce Avenue. following: will not increase beer sales, imported beer is very popular, insurance rates remain the same, would give the public a choice of beers, and would attract new "good" restaurants and retain existing restaurants. Comments heard in support of the ordinance amendment included the Speaking in opposition was Bob McLane, 4527 Arden Avenue, who referenced his letter dated March 4, 1991,in which he stated that Council approval would send a message to our youth that alcohol is okay ... a message that need be carefully assessed in this day of substance abuse. No further comments being heard, Mayor Richards concluded that action could be taken at this meeting, the public hearing could be continued to March 18, 1991, or staff could be directed to prepare a draft amendment for consideration on March 18. said he found it difficult to make a distinction between 3.2 beer and strong beer. In response to Mr. McLane, he said he did not wish to send any kind of message that would promote the consumption of alcoholic beverages in anything but a reasonable or moderate fashion. Further, he was persuaded that if this issue were on the last referendum for issuance of on-sale wine licenses, the citizens would have supported He 3/4/91 31 -- sale of strong beer. ordinance amendment to allow the sale of strong beer. Mayor Richards concluded by saying that he would support an Member Kelly made a motion to continue the public hearing to March 18, 1991, and to authorize staff to draft an amendment to Ordinance No. 902 to authorize sale of strong beer for consideration by the Council on that date. .Motion was seconded by I Member Rice. Member Smith asked for information on the following: 1) whether the ordinance limits the number of beer/wine licenses that can be issued, 2) regulations on signage both inside and outside of buildings. stepping stone to liquor licensing in the City. He commented that he believed that this is a Member Rice asked that the Chief of Police give his opinion on the issue of sale of strong beer when the draft amendment is considered and suggested that the amendment include a sunset provision. Mayor Richards then called for vote on the motion on the floor, Ayes: Kelly, Paulus, Rice, Richards Nays: Smith Motion carried. CONCERN OF ReSIDENT WITH REGARD TO DRAIN OIL REFUSE DISPOSAL Windsor, explained that the oil refuse disposal container at the Recycling Center is no longer available and a sign directs residents to take drain oil to your local gas station. He took his drain oil to the Union 76 station on Vernon Avenue but they refused to take it. businesses selling oil, tires or batteries to accept them back for disposal or be subject to a fine. State law now requires this. Mr. Basill commented that the State law has no penalty, and felt Edina should take a leadership role in the name of environmental William Basill, 5045 He suggested Council consider an ordinance that would require Mayor Richards asked why an ordinance would be necessary if I concerns. Janet Chandler, Recycling Coordinator, stated that the used oil disposal at the Recycling Center had been discontinued because there was no control over what was put into the container. When Coordinator Chandler canvassed the local stations about accepting drain oil, she was told they would accept it, including Union 76. According to State Statute, the seller of oil, tires or batteries, either has to take them back for recycling of such used products. post a sign telling customers where they can dispose Mayor Richards asked if a report could be brought back at the March 18, 1991, Council meeting elaborating on the State Statute concerning this issue. Mr. Basill also asked that Council consider a proclamation for retiring Edina Hockey Coach, Willard Ikola. *BID AWARDED FOR ONE BACKHOE ATTACEBlVKC FOR CASE SKID LOADER Motion was made by Member Paulus and was seconded by Member Rice for award of bid for one backhoe attachment for Case skid loader to recommended low bidder, Case Power & Equipment, at $6,580.00. Motion carried on rollcall vote, five ayes, *BID AWARDED FOR IIJBMlMATED AWNING AT TEE YORKDALE LIOUOR STORE Motion vas made by Member Paul- and was seconded by Member Rice for award of bid for an illuminated awning for the Yorkdale Liquor Store to recommended low bidder, Sign Services, Inc., at $10,848.50. Motion carried on rollcall vote, five ayes. 3/4/91 32 ON-SATX 3.2 BEER AND WINE LICENSES APPROVED FOR TFTO GUYS FROM ITALY RESTAURANT Manager Rosland reported that application had been made for both On-sale Wine and On-sale 3.2 Beer Licenses from the restaurant, Two Guys From Italy, at 7459 France Avenue South (Centennial Lakes). The applications have been reviewed by Police, Health and Planning Departments. The necessary investigations have been conducted . . and staff would recommend the issuance of the beer and wine licenses. Member Rice made a motion to approve 3.2 beer and vine licenses for Rro Guys From Italy Restaurant. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. FEASIBILITY REPORT PRESEHTED FOR SIDEUAIX IHJ?ROVEMENT NOS. S-51. S-52. & S-53; HEARING DATE SET FOR 3/18/91 report for three sidewalk projects which have been petitioned for by property owners. The projects have been reviewed and are considered feasible. recommend hearing the following proposed projects on March 18, 1991. IMPROVEMENT LOCATION ESTIMATED COST Project S-51 Wooddale Ave. (East Side) from $147,330.40 Project S-52 W. 66th St. (North Side) from $ 40,480.00 Engineer Francis Hoffman presented a feasibility Staff would W. 50th St. to W. 56th St. France Ave. to Southdale Medical Building Driveway Project 5-53 Cornelia Dr. (West Side) from $ 39,600.00 Cornelia School to W. 72nd St, & W. 72nd St. (North Side) from Cornelia Dr. to Oaklawn Ave. These projects would be funded by special assessment and State Aid. Member Kelly introduced the folloving resolution and moved their adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CONCBETE SIDEWW IHPROVEMENT NOS. S-51, S-52 & S-53 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Sidewalk improvements described in the form of Notice of Hearing set forth belor, and as to the estimated cost of such improvements, 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, March 18, 1991, at 7:OO P.H. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive veeks, 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: (OFFICIAL PUBLICATION) CITY OF EDINA 4801U. 50TH ST. EDINA, MNNESOTA 55424 NOTICE OF PUBLIC EEARING CONCBETE SIDEUAIX WOODDALE AVE. (EIIST SIDE) FROM U. 50TH ST. TO U. 56TH ST.; U. 66TH ST. (NORTH SIDE) FROM FRANCE AVE. TO SOUTHDALE MEDICAL BUILDING DRIVEXAY; 3HPROELIERT NOS. S-51. S-52. S-53 3/4/91 33 CORNELIA DR. <WEST SIDE) FROM C0XHEIJ.A SCHOOL TO U. 72ND ST. & U.'72ND ST. <NOR!Ui SIDE) FROM CORNELIA DR. TO OAKLAWN AVE.; The Edina City Council rill meet at the Edina City Hall, on Monday, March 18, 1991, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: The approximate IHPROVEHERT S-51WOODDAI.E AVE. - (East Side) from U. 50th St. to U. 56th St. IHPROVEHERT S-52 U. 66TH ST. - (North Side) from France Ave. to Southdale Medical Building Driveway IMPROVEBEKC S-53 COIUlEIXA DB. - (West Side) from Cornelia School to W. 72nd St. and U. 72nd St. (North Side) from Cornelia Dr. to Oaklawn Ave. CONCRETE SIDEFT. ESTIMATED COST IHPROVEHERT S-51 $ 147,330.40 IMPROVEMENT S-52 40,480.00 IHPRovEHELqT s-53 39 , 600.00 The projects are proposed to be funded by State Aid funds and special assessment or general funds from Capital Plan. improvement S-52 includes: Apt. Ounership #79, Point of France Condominium, Apt. 102 thru Apt. 1210, PH 1 thru PH 12; and for Improvement S-53: Lots 1 thru 30, Blk. 1, and Lots 1 thru 26, Blk. 2, Oscar Roberts First Addition; Outlot 2, South Estates 3rd Addition; Lots 24 thru 27, Blk. 4, South Garden Estates 3rd Addition; Lots 1 thru 17, Blk. 5, Lots 1 thru 14, Blk. 6, South Garden Estates 3rd Addition; Lots 1 thru 14, Blk. 2, Lots 1 thru 14, Blk. 3, South Garden Estates 4th Addition; Lots 1 thru 6, Blk. 3, South Garden Estates 3rd Addition; Lots 1 thru 6, Blk. 1, South Garden Estates 4th Addition; and that Parcel 3628 part of the North 1060 feet of the West 25 acres of the northwest 1/4 of Northeast 1/4 lying East of West 210 feet thereof, except road in North 1/2 of Section 31, Township 28, Range 24. Marcella 1. Daehn City Clerk The potential special assessment district for Motion for adoption of the resolutions was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. REPORT GIVEN ON SOLID WASTE COUECTION OPTIONS Janet Chandler, Recycling Coordinator, reported on Edina solid waste disposal systems and costs, in response to Council request at the September 17, 1990, meeting. is whether organized garbage collection, or a districting system would be preferable to the open hauling system which Edina now has. March 4, 1991, gave definitions, Edina garbage services, garbage rate comparison-- open hauling systems, garbage rate comparison--organized hauling systems, future trends, and policy considerations. Coordinator Chandler indicated that many residents feel their garbage rates are too high. They are putting more into the recycling container, less in the garbage can, and feel they should see a savings on the garbage bill. approximately $1.00 higher than other cities, which is attributed to the garage pick-up. more fairness into rate structures. Options for Council are, 1) set a date for a public hearing, as the first step in the organized collection process or, 2) direct staff to prepare a plan for a districting system, or 3) take no action. The question for discussion Coordinator Chandler's report of Edina's rate is Perhaps new technology, such as paying for garbage by weight, will bring After lengthy discussion, Member Smith said he was comfortable with the system in place. would like. asked if the report could be back on the agenda April 1, 1991, for further Member Paulus stated a public hearing should be held to see what residents Member Kelly concurred on holding a public hearing. Mayor Richards 34 3/4/91 discussion. charged a fair rate for garbage pick-up, but a public hearing would be in order. inquired about leaf disposal, and Coordinator Chandler explained leaves may not be placed in a landfill and must be taken to a compost site. Member Rice commented his assessment is that Edina residents are being He . Janet Nelson, President of the League of Women Voters, informed Council of a study being done by the League on Waste Abatement and Refuse Collection. be completed in May. The study should It was the consensus of the Council to wait until the League report is completed before taking any further action. *RESOLUTION AUTEIOBIZING SUBMISSION OF THE 1991 EENNRPIlU COUNTY YARD WASTE REBATE TO TIENEEPIN COuzoTp Member Paulus introduced the following resolution and maved its adoption : WEEREAS. the 1991 Hemepin Counw yard waste program consists of providing rebates to municipalities for the local management of yard waste; and WEEREAS. the Ciq of Edina has established a nethod of requiring private haulers to take yard waste to County approved compost sites; and WEEREAS, Edina has also established a method of passing on a rebate to the residents of the City through a credit on the utility bill; and WEEREAS, this program neets the requ3xementt of Hennepin Counw Resolutions TBEBEFOBE. BE IT RESOLVED, that the Edina Ciw Council authorizes submittal of the Hennepin County Yard Waste Rebate Application to contiwe this program through 1991. ADOPTED this 4th day of March, 1991. YARD WASTE m!rE RESOUJTION #90-5-373R2 and R90-9-819; Resolution adopted on rollcall vote, five ayes. APPOINTMEIWS HADE TO BOARDS/COMMISSIONS/COHMITTEES Mayor Richards suggested Merry Krueger be appointed to fill a vacancy on the Art Center Board, and Gary Blackford to fill a vacancy on the Human Relations Commission. Member Smith made a motion for consent of the Mayor's appointments to advisory boards/commissions/committees as follows: Edina Art Center Committee Merry beger Human Relations Commission Gary Blackford (partial term to 2/1/93) (partial tern to 2/1/92) Motion for consent of appointments was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Boards/Commissions/Committees still having vacancies are, Community Health Services - 3 vacancies, Human Relations - lvacancy, and Recycling Commission - 1 vacancy. The South Hennepin Human Services Council is at present, on hold. RESIGNATION NOTKD ON THE EDR?A FOUNDATION BOARD Mayor Richards said he regretted to report that Perry Anderson has resigned from the Edina Foundation Board. Anderson's resignation leaves two vacancies on the Board, Mayor Richards indicated he has one name to possibly fill one vacancy. BEcipPOINTMEIWS HADE TO THE EAST ED= HOUSING FOUNDATION BOARD Motion vas made by Member Smith to reappoint Robert Schoening and William Greer to tw year terms to February 1, 1993. on the East Edina Housing Foundation Board. 'Member Rice seconded Mr. 3/4/91 the motion. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Mot ion carried. 34A *CLAIMS PAID Motion was made by Member Paulus and was seconded by Member Rice to approve payment of the folloring claims as shorn in detail on the Check Register dated 3/4/91 and consisting of 25 pages: General Fund $134,871.94, C.D.B.G. $35.00, Communications $31.30, Art Center $9,877.88, Capital Fund $1,799.72, Golf Course Fund $8,508.95. Recreation Center Fund $2,615.67, Gun Range Fund $220.34, Edinborough Park $12,146.01, Utility Fund $239,001.80, Storm Sewer Utility $601.14, Liquor Dispensary Fund $5,984.43, Construction Ftmd $6,649.99, ToTdL $422,344.17. Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:OS P.M.