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HomeMy WebLinkAbout19910318_regular35 MINUTES OF THE REGULAR MEETING OF TEE MARCH 18, 1991 EDm CITP COlJHCIL HELD AT CITP HALT,, ROLTXAZL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CAMP FIRE BIRTEDAY VLUeg PROCL4IMED AND FIAG CEREMONY HELD Mayor Richards presented the follov3ng proclamation which vas unanimously adopted: WHEREAS, Camp Fire, the national youth organization, vi11 be celebrating its 81st birthday on March 17, 1991; and WHEREAS, Camp Fire councils in the City of Edina teach boys and girls self-reliance and good citizenship; and WHEREAS, through contemporary programs and by speaking out on issues that affect youth and their families, today's Camp Fire is helping kids cope vith their changing . world; and VHEBEBS, in Camp Fire, the choices and opportunities are vide open for boys and girls; and FJBEaEds, through Camp Fire, young people are learning to develop confidence and to gain skills needed to become tamorror's leaders; and WHEREAS, Camp Fire is commended for the opportunities its programs offer to young people in the City of Edina and throughout the nation and for the many services these young people perform for their communities through Camp Fire. NOW, THEREFORE, I, Frederick S. Richards, Mayor of the City of Edina, do hereby officially proclaim March 17th to March 23rd, 1991, to be in the City of Edina. PROCIAHATION CAMP FIBE BIRTHDAY WEEK Mayor Richards welcomed second and third graders from Countryside and Highlands School Camp Fire Youth Organization and their leader Carol Rothe. presented Council with a "birthday cake" in honor.of Camp Fire Birthday Week. The members DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST PROCTATMeD Mayor Richards introduced the folloving proclamation which vas unanimously adopted: VHEREAs, from 1933 to 1945, six million jevs vere murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people perished as victims of Hazism; VHEREAS, the people of the City of Edina should remember the atrocities committed by the Nazis in the hope that such horrors are never repeated; WHEREAS, the people of the City of Ed& should continually rededicate themselves to the principle of equal justice for all people; WHEREAS, the people of the City of Edina should remain eternally vigilant against all tyranny, and recognize that bigotry provides a breeding ground for tyranny to flourish; VHEREAS, April 11, 1991, has been designated pursuant to an Act of Congress as a Day of Remembrance of Victims of the Nazi Holocaust, known internationally as Yom Hashoah; and WHEREAS, it is appropriate for the people of the City of Edina to join vith The United States Holocaust Memorial Council in the commemoration: NOW, THEREFORE, I, Frederick S. Richards, Mayor of the City of Edina, proclaim that, in memory of the victims of the Holocaust, and in the hope that we will strive always to overcome prejudice, and inhumanity, through vigilance, education, and resistance, proclaim that the veek of April 7-14, 1991, is hereby designated as PROCLAMATION DAYS OF REHEMBRAJ!iCE OF THE VICTILIS OF THE HOLOCAUST 3/18/91 3 in the City of Ed-. CONSm AGENDA ITKKS ADOPTED Motion was made by Member Smith and was seconded by Member Kelly to approve and adopt the Council Consent Agenda items as presented with the exception of removal of item VI.B. - Avard of Bid for Signs for Yorkdale Liquor Store. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *Kt"ES OF THE REGULAR MEETINGS OF FEBRUARY 4 AND 19. 1991 APPROVED made by Member Smith and was seconded by Member Kelly to approve the Council minutes of the regular meetings of February 4 and 19, 1991, as presented. Motion was Motion carried on rollcall vote, five ayes. PUBLIC HEARIHG CONDUCTED ON SIDWATX IMPROVEMENT NO. S-51 (UOODDAIX AVEUTJE (EAST SIDE) FROM ST. STEPHEH'S GHUBCH TO U. 56TH STREET): PROJECT ORDERED Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Envineer As a preface to the three sidewalk public hearings, Engineer Hoffman stated that Edina has 49 miles of sidewalks, both City and private, of which 30 miles are City owned and maintained. system. Sidewalk projects are done when petitioned by residents and approved by the Council after a public hearing or with the reconstruction of a street as part of the City's construction plans, with Council approval after a public hearing. Twenty-five more miles are estimated for completion of the Edina's Comprehensive Plan and sidewalk policy objective is to provide a rational system of sidewalks that will enhance pedestrian safety, encourage non-motorized transportation and improve access to public transit and activity centers. policies of the Comprehensive Plan are: 1) Provide short link sidewalks that improve and connect the existing system; 2) Provide sidewalks and safe crossing in high pedestrian danger areas, including high traffic streets, and commercial areas; 3) Provide sidewalks for transit access; 4) Provide sidewalks in high density residential areas; 5) Provide sidewalk links within the Southdale major activity center; 6) Provide sidewalk links to public service centers, and recreation areas, or 7) Provide sidewalk access to major employment centers. I The Sidewalk Improvement No. S-51, located on Wooddale Avenue (east side), from St. Stephen's Church to W. 56th Street, was petitioned for by residents. for the sidewalk to be concrete with retaining walls, and to be completed in the fall of 1991. funded by state aid funds (gas tax). for state aid funds, municipal state aid streets must have an average of 5000 vehicles per day. The City will do the maintenance of the proposed sidewalk. removal is done within two days of a heavy snowfall or on the same day if a light snowfall. In extreme cases, snow may be hauled away by truck. Engineer Hoffman recommended Council approval with a decision on the Minnehaha Creek Crossing. The plan is The estimated cost of the project is $147,330.40, which would be In order for part of the costs to be eligible Snow Engineer Hoffman said three months ago when the petition was presented, 50% of the residents were in favor of the sidewalk, 50% were not at home to respond or were not in favor of the sidewalk project. A slide presentation depicting the topography and actual placement of the proposed sidewalk was shown. The sidewalk would be built in the fall to disturb the smallest amount of vegetation and to control tree diseases. Lots with slight elevation might require a small retaining wall. and telephone poles would have to be relocated and several driveways may need extra Several hydrants 3/18/91 37 sloping but the whole area is quite flat down to Wooddale Lane. options for the bridge over Minnehaha Creek, i.e., build a separate structure, or in order to use State Aid Funds, taper the roadway approaching the bridge giving a four foot walk width on the street side of the abutment. The latter would mean eliminating five parking spaces. There is nothing that could be built that would match the aesthetics of the existing bridge, the tapering of the street at the bridge location would maintain those aesthetics. There are two Engineer Hoffman reported that many phone calls have been received, both pro and con on the Wooddale sidewalk issue. Letters in opposition have also been received from: Catherine and Dennis Niewoehner, 5009 Wooddale Ln.; Dianne and George May, 5131 Wooddale Glen; Jeanne K. Hanson, 5111 Wooddale Av.; Joyce Thielvolat, 5505 Wooddale Av.; and in favor from: Dewey and Kate Johnson, 4504 Lakeview Dr.; and G. F. Walsh, 5221 Wooddale Av. S. There are two options before the Council: 1) No build, or 2) Authorize sidewalk project with Minnehaha Creek crossing on separate structure or use existing street by narrowing. Council Comment In response to Member Kelly's question about die back of trees in the proposed sidewalk area, Engineer Hoffman said a lot depends on the type of tree and the distance of tree to the sidewalk. real issue for the proposed sidewalk construction. Member Kelly stated she believed safety was the Considerable discussion followed concerning right of way. explained that, typically, state aid streets are 66 feet in total: 36 feet of roadway curb to curb, with approximately 15 feet of right of way on each side beyond the curb. construct a sidewalk. east side where there is sufficient right of way. Engineer Hoffman There is not sufficient right of way on the west side of Wooddale to On this project, the petitioners asked for sidewalk on the Member Rice inquired if the existing bridge could be dismantled, moved and rebuilt. Engineer Hoffman said it could be done but the cost would be prohibitive. Member Rice asked if this sidewalk could continue to Valley View Road. Engineer Hoffman stated that existing roadway, beyond 56th Street does not meet State Aid Requirements, e.g. not wide enough, not built to design standards. Member Rice asked who would be liable if someone fell on the sidewalk. that the Minnesota tort statute has certain exemptions for a city. One of those .would exempt the City from any claim based upon snow and ice conditions on a public sidewalk, except where the condition is affirmatively caused by the negligent acts of the City, e.g. the City would not be liable unless we did something to make the condition worse. That generally would apply to a homeowner also. Attorney Erickson said In response to Member Smith's questions, Engineer Hoffman explained that the roadway up to the bridge could be tapered, eliminating the need to build around the bridge back. same. minimum. pedestrian bridge were not included. Sidewalks are generally 5 feet wide and the equipment to clean them is the On occasion sidewalks have been narrowed down because of trees, but 4 feet is The project cost would be less by $15,000-$20,000 if the separate steel Member Paulus pointed out that the historic nature has changed terrifically since Wooddale was created. Edina can no longer be classified as a rural suburban area. It is a first ring suburb with a city type atmosphere of which sidewalks are a characteristic. Streets are getting busier and children are more independent when walking to parks. Public Comment 3/18/91 .. 38 Residents speaking in opposition to the proposed sidewalk were, Bruce Armstrong, 5301 Wooddale; Tara Keehr, 5337 Wooddale; Dennis Niewoehner, 5009 Wooddale Lane; Dave Cammack, 5403 Wooddale; A1 Kasid, 5401 Wooddale; Vern Anderson, 5209 Wooddale; and David Joslin, Rector of St. Stephen's Church. Comments heard from residents in considered if it only meets one of eight criteria of the Comprehensive Land Plan, liability for public injury on the sidewalk or proposed retaining walls, aesthetics of the proposed pedestrian bridge and surrounding areas, trees becoming diseased if disturbed, why the west side of Wooddale was not considered, walkingbiking on Wooddale is easy - no one uses the parking lane, freezing on the bridge in the winter, and concern over who would pay for utility repairs under the sidewalk. Engineer Hoffman responded that any repairs between the utility curb box and the home would be the responsibility of the resident; repairs from the curb box out would be the City's responsibility. . opposition included the following: the loss of mature trees, why it would be Residents speaking in favor of the proposed sidewalk were: Rita Domke, 5200 Chantrey, (former area homeowner): John Wheaton, 5313 Wooddale, speaking also for Millie and Larry Kahn, 5333 Wooddale, Antoinette Somemille, 5200 Oaklawn; and Fred and Tina Keller, 5328 Kellogg; Harriet Walsh, 5221 Wooddale; Karen Stein, 5513 Wooddale; Mike McDonald, 5409 Wooddale; Kathy Snyder, 5501 Wooddale; John Crist, 5324 Halifax; and Ellen Schwandt, 4516 Tower Street. Comments heard in favor of the sidewalk were: this is totally a safety issue, family members have been hit by cars, there is no safe direct route to the playgrounds, build a sidewalk all the way to Valley View, this is a people issue not a tree issue, traffic is very fast, street is very dark at night for pedestrians, biking is impossible, school and transit buses stop at all times of the day, snow puts people waiting for buses in the street or on the grass and it is very difficult to push a stroller without a sidewalk. I Ron Grote, 5107 Wooddale; Don Sweder, 5115 Wooddale Glen; Bill Spell, 5011 Wooddale Lane were sympathetic to all the opinions given. landscaping, aesthetics of bridge, Wooddale is dark and scary, preserve the garden, 5009 Wooddale, the main concern is safety. . Concerns expressed included: Member Kelly introduced the following resolution and wed its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvement: RESOUPTION ORDKRING SIDEUATX mOVEMENT NO. S-51 SIDEUATX lkIpBovELIwT NO. S-51 - UOODDALE AVENUE (EAST SIDE) EROH ST. STEPHEET'S CEmaCB To VEST 56TE STREET and at the hearing held at the time and place specified in said notice, the Council has duly considered the vievs of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement, except that from Uooddale Lane to the north end of the Uooddale Avenue bridge the street shall be narrowed to 8 mlnisun ddth of 32 feet and also subject to requesting a variance if required by the State of Minnesota, 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: SIDEUAIX IMPROVEHERC NO. S-51, cost of which shall be paid from Himicipal State Aid Funds. Motion for adoption of the resolution was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Kelly introduced the follovlng resolution and moved its adoption: RESOLUTION REIATILJG TO PARKING RESTRICTIONS ON 3/18/91 39 * S.A.P. 120-150-04 FROM WEST 50TH STBEET To WEST 56TH STREET IN TBE CITY OF EDIHIL, l4l"JBOTA TBIS RESOLUTION, passed this 18th day of March, 1991, by the City of Edina in Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, the "City" has planned the impruvement of HSAS 150 (Wooddale Avenue) from West 50th Street to West 56th Street: FJHEaeLLs, the "City" will be expend- Municipal State Aid Funds on the lmprovement of this Street, and WHEREAS, this improvement does not pruvide adequate width for parking on both sides of the street approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City", has been determined. NOW, THEREFORE, IT IS HEBeBY RESOLVED: That the "City" shall ban the parking of motor vehicles at all times on the west side of WAS 150 (Wooddale Avenue) and on the east side of WAS 150 (Wooddale Avenue) from Wooddale Lane to the north side of Wooddale Bridge Crossing Minuehaha Creek. Dated this 18th day of March, 1991. PUBLIC HEARING CONDUCTED ON SIDEUAIX IMPROVEMENT NO S-52 - NORTH SIDE OF WEST 66TH STREET FROM FRANCE "E TO APPROXIMATELY 400' FAST TO EXISTING S1DEWAJ.K: PROJECT ORDERED Affidavits of Notice were presented approved and ordered placed on file. Presentation bv Ennineer Engineer Hoffman reported that this public hearing is a result of a petition from the Point of France residents requesting completion of a sidewalk along the north side of W. 66th Street from France Avenue to the existing sidewalk. They had also requested a sidewalk access into Southdale Shopping Center. of costs for streets on the municipal state aid system is that 19,800 vehicles per day travel on W. 66th Street. state aid funds (gas tax). on County roads. there would be no cost for easements, building of retaining walls or moving of the NSP switch station. Public hearing notice was sent to the adjacent property owners. Staff has proposed that the walkway be constructed on both existing right-of-way and private property with appropriate easements. Part of the eligibility This project could be funded by appropriation of Hennepin County policy is to not build or fund sidewalks The estimated cost of this project would be $20,022.66 assuming Council Comment In response to Council questions and concerns, Engineer Hoffman answered that the proposed sidewalk would link with the existing sidewalk that runs to the east on W. 66th Street. It would connect with existing sidewalk north of W. 66th Street all the way to the Crosstown Highway. authorized for construction with appropriation of State Aid Funds. Staff would recommend that this project be Public Comment Dave Hendey, Manager of Southdale Center, questioned the request for sidewalk from the Francep. 66th Street intersection to the Southdale Center parking lot. asked if Southdale had been contacted about this proposed sidewalk since it will be located on private property. Engineer Hoffman said the only project being heard is the sidewalk on the north side of W. 66th Street. He explained that the residents from Point of France would also like to have a diagonal sidewalk into the Southdale parking lot, but that is not included in this specific project. He also Carl Weisser, Manager of Point of France, pointed out that traffic at this 31 1819 1 40 intersection never stops. Point of France had submitted a letter to the City regarding the management of this traffic flow and was told this is a County issue. Even with construction of a sidewalk, it is very difficult getting across the intersection. Engineer Hoffman said Point of France had three concerns, 1) the . sidewalk linkage on the agenda, 2) fast, constant traffic flow, and 3) possible sidewalk crossing into Southdale. Member Smith introduced the following resolution and moved its adoption, subject to acquisition of right of way at no cost to the Ciw: BE IT RESOLVED by the Council of the City of Ed-, Minnesota, that this Council heretofore cawed notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvement: RESOLUTION ORDERING SIDEUAIX =Ow NO. S-52 SIDEU.. IMPROVEMENT NO. S-51 - VEST 66TH STBEET (NOWE SIDE) FROM mCE A- TO APPROXIMATELY 400 FEET EAST To EXISTING SIDEWALK. 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 deternine to proceed vith the construction of said 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: SIDEl7AT.K IHPEOVEMEKI! NO. S-52, cost of dich shall be paid from Municipal State Aid FMds. Motion for adoption of resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Paulus introduced the follming resolution and moved its adoption: RESOUPTION IfHHEAS, It has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction project located on C.S.A.H. No. 53 within the limits of said municipality, and VHEaEBS, Said construction project has been approved by the Cammissioner of Transportation and identified in his records as S.A.P. No. 120-020-030. NOW, TEEREFORE, BE IT RESOLVED: That we.do hereby appropriate from QUT lhmicipal State-Aid Street Funds the sum of $25,000.00 dollars to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Motion for adoption of resolution was seconded by Member Kelly, Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PUBUC HIWRING CONDUCTED ON SIDI3WAT.X IHPROVKMERT NO. S-53 - CORNELIA DRIVE (WEST SIDE) FROM CORNEIJA SCHOOL TO U. 72ND STREET THE NORTH SIDE OF U. 72ND STaEET FROM CORNEIJA To OAKLAW: PROJECT ORDERED approved and ordered placed on file. Affidavits of Notice were presented, Presentation bv Ennineer Engineer Hoffman commented that the public hearing is the result of a petition from many residents whose children walk to Cornelia Elementary School. requests that a walkway be constructed on Cornelia Drive (west side) from Cornelia School to W. 72nd Street and the north side of W. 72nd Street from Cornelia Drive to Oaklawn Av. The proposed project is recommended to be a special assessment project. The assessment split would be 25% School District, 25% City and 50% residents in a defined area south of the school whose children walk to Cornelia School according to the school transportation staff. 1 The petition I The estimated cost of the project would be ’ .. 31 1819 1 $29,267.20. over ten years. hearing and potential assessment. concrete with retaining walls if needed. The estimated assessment would be approximately $100 per lot, spread Staff has contacted the School District to make them aware of the The sidewalk would be constructed in 1991 of Public Comment Speaking in favor of the proposed sidewalk were: PTA president, Cornelia School and Gary Dalasta, 7301 Cornelia Dr. Comments heard in support of the project included; primary concern is safety of the children when walking in this high traffic area, during winter months walkers must either walk in the narrowed street which can be very slippery or on the snowbanks, school buses travel at all times of the day, children walk in the area all year because of the park, and the sidewalk is well worth the estimated assessment of $10.00 per year. Connie Gastler, 4417 Gilford Dr., George Griffis, 4444 Dunham Drive, said he had not signed the petition and voiced the following concerns; safety of children crossing from the sidewalk on the south side of Claremore Drive to get to the proposed sidewalk, and determination of the proposed assessment area. It was noted that a letter in opposition to the proposed sidewalk had been received from Richard C. Dierke, 4428 Fondell Drive. Member Smith introduced the following resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcelvithin the area proposed to be assessed on the following proposed improvement: RESOLUTION ORDERING SIDEWALK llIpaovELlEElT NO. S-52 SIDEFALK IMPROVEMENT NO. S-53 - CORNELIA DRIVE FROM CORNELIA SCHOOL TO W. 72ND ST. (WEST SIDE) & W. 72ND ST. FROM CORlWIJA TO OAKLAWN (NORTH SIDE) 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 vith the construction of said improvement including all proceedings vhich may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said impruvement is hereby designated and shall be referred to in all subsequent proceedings as SIDEWALK IMPROVEMENT NO. S-52, and the area to be specially assessed therefor shall include: 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 Northvest 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. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Resolution adopted. PUBLIC HEARING CONCLUDED: BOARD OF APPEAIS AND ADJlJST13ENTS DECISION UPHELD DENYING VARIANCE REQUEST TO INSTALL ANTENNA AT 5600 LINCOIN DR.: FINDINGS. DECISION AND REASONS ADOPTED Planner Larsen recalled that the hearing on the request of USWest Newvector Group for variance to install an antenna at 5600 Lincoln Drive had been continued at the meeting of March 4, 1991. the staff and City Attorney to prepare findings and reasons in support of the At that meeting the Council had directed 3/18/91 A9 -r L decision of the Board of Appeals to deny the variance request. The document has been drafted and copies have been delivered to the proponent's attorney and architect and also the neighborhood contact. the decision is to deny the variance request and affirm the decision of the Board of 'Appeals. Mrs. Ekrem Gozum, 6616 Parkwood Rd., in support of the decision by the Board of Appeals. Based upon the findings, . No further information has been submitted except a letter from Dr. and Mayor Richards then called for additional comment. on the findings and decision, he declared the public hearing closed. Hearing no comment or objection Member Smith made a motion to adopt the Findings, Decisions, and Reasons as presented and to deny the variance request of USUest Hewvector Group to install an antenna at 5600 Lincoln Drive. Rice. Motion to adopt the Findings was seconded by Member Rollcall : Ayes: Motion carried. Kelly, Paulus, Rice, Smith, Richards PaeLIMHdap BEZOHILVG FROM BM) REGIONAL HKDICAL DISTRICT TO POD-I. PUlWED OFFICE DISTRICT FOE PROPERTY AT 6525 DREW AVENUE SOUTH HOT GRANTED Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen advised that the subject property is located at 6515 Drew Avenue South (Lot 2, Block 2, Southdale Acres), contains an area of 28,100 square feet and is zoned Regional Medical District (RMD). single story office building containing approximately 3000 square feet of gross floor area and is presently utilized for medical office uses. The property is developed with a circular A petition has been submitted requesting a rezoning from RMD to POD-1, Planned Office District. Diversified Credit Union (credit union for Minnegasco employees). Diversified Credit Union would initially occupy about 40% of the space with the remainder continuing as medical space. The rezoning would allow partial occupancy of the building by Ultimately, they would occupy the entire building. The RMD allows hospitals, medical and dental offices and medical laboratories as principal uses. It does not allow general office or financial institutions except as accessory uses in large buildings over 40,000 square feet. property to POD would provide for an expansion of permitted uses, but would reduce the allowed intensity of development permitted. The RMD allows a floor area ratio (FAR) of 1.0 where the POD limits FAR to 0.5. building is not being expanded. Rezoning of the This is not an issue now as the Required parking for a medical clinic is 5 spaces per 1000 square feet, plus one space for each physician. practice of four doctors. As currently used, the building is non-conforming, i.e., 27 spaces are required, 22 spaces are provided. If rezoned to POD the officebank use requirement would be reduced to 21 spaces, which would conform to ordinance requirements. The proposed site plan provides 21 spaces, thus a three space parking variance is requested. The only significant proposed change to the site would be the addition of the drive- up teller window on the northwesterly portion of the building. Cars would enter at the existing curb cut south of the building, circulate through the parking lot to a new drive land north of the building and ultimately back to Drew Avenue. drive lane would be set back three feet from the north property line where ten feet The building is 4500 square feet and supports the The interim bank/medical use would require 24 spaces. The new 42a L CITY OF EDINA IN THE MATTER OF THE APPLICATION 5600 LINCOLN DRIVE U.8. WEST NEmCTOR GROUP B-91-21 VARIANCE REQUEST FINDINGS , DECISION, AND REASONS The above entitled matter was heard before the City Council on March 4, 1991, and March 18, 1991. U.S. West Newvector Group ("The Proponent") was represented by David Larson (Proponents Attorney) and Robert Davis (Proponents Architect.) The City Council, having heard and reviewed all of the facts and arguments presented by the Proponent, the Proponent's Architect, City Staff, and property owners in the vicinity of the Subject Property (below defined), and having heard and reviewed the evidence and law adduced by the Proponent, the Proponent's Attorney, Proponents Architect, City Staff and property owners, and being fully' advised, after due consideration, hereby makes the following: FINDINGS OF FACT 1. The Proponent, on January 23, 1991, submitted an application for a 64 foot front yard setback variance and . a 23 foot height variance for an antenna'tower, and a 16 foot front yard setback variance for a utility building to be located on Lot 1, Block 1, Prestige 2nd Addition ( "Subj ect Property") . An existing industrial use building is located on the Subject Property. The Subject Property is zoned P.I.D., Planned Industrial District. According to City records the Subject Property is owned by Michael N. Orren. 1 2. The variance request ( llProposed Variance") delineated a proposed 98 foot tall monopole antenna tower and a 12' X 3 6 prefabricated equipment building to be installed near the base of the antenna. Both structures would be located in the Southeast corner of the Subject Property. 3. Edina Ordinance No. 812 (the "Antenna Ordinances1) states that no antenna may be erected without first making an application' for and obtaining from the City a permit. requirements of the Antenna Ordinance are necessary to obtain The following a permit in the Planned Industrial District: (a) No antenna, no tower and no tower with an antenna shall exceed 75 feet in height, measured from the base of the tower or antenna, whichever is lower, to the highest point of the antenna or tower, whichever is higher . (b) No part of any tower or antenna shall be constructed, located or maintained, at any time, permanently or temporarily, within setback required by the Zoning Ordinance for a principal building or structure for the Zoning District in which the antenna or tower is located. r Within the PID districts, principal buildings or structures must be setback 50 feet from the front lot line or building height whichever is greater. The definition of building height includes structures. Therefore, the proposed 98 foot tall tower requires a setback of 98 feet. 4. Based upon the ordinance requirements the following variances are required for the Proponent to obtain an antenna permit in the Planned Industrial District: (a) A 23 foot height variance to allow an antenna R I tower to exceed the maximum allowable height of 75 feet. (b) A 64 foot front yard setback variance to allow the proposed antenna tower to be within 34 feet of the front lot line (c) A 16 foot front yard setback variance to allow an equipment building to be located within 34 feet of the front lot line. 5. Variances from the provisions of Ordinance No. 812 must be processed and granted or denied in the same manner as variances are handled under Edina Ordinance No. 825. Edina Ordinance No. 825, (the IIZoning Ordinancell) 3 E provides for variances from the. requirements of the Ordinance, but only upon finding that l'strict enforcement of this ordinance would cause undue hardship because of circumstances unique to the petitioner's property and that the granting of said variances is in keeping with the spirit and intent of this ordinance. I' Undue hardship is defined as meaning "that the property in question cannot be put to a reasonable use as allowed by this ordinance, the plight of the petitioner is due to circumstances unique to his' property which were not created by the petitioner, and the variance, if granted, will not alter the essential character of the property of its surroundings. The Zoning Ordinance goes on to state that economic considerations alone shall not constitute undue hardship if reasonable use of the property exists under the Ordinance. 6. . The Edina Board of Appeals and Adjustments ("The Board") reviewed the Proposed Variance request at its February 7, -1991, meeting. In accordance with the Zoning Ordinance notice of public hearing was published in the Edina Sun Current and mailed to property owners within 200 feet of the subject property. At the hearing the Proponent submitted that the ltplight'l of the applicant was due to the location of the Subject Property, near Highway 169, and the need to locate antennas above the 90 foot 4 monopole tower so that the radio signals have effective coverage. The Proponent added that the location of the equipment building is dictated by the available space on the Subject Property, and the need to be close to the antenna. The Proponent stated that the variance is not caused by any action of the Proponent, but by unique characteristics of the Subject Property, and the engineering requirements to operate a functioning cell (i.e., the coverage of the antenna on the proposed tower). The Proponent contended that the required front yard setback is 50 feet, not the tower height as staff has interpreted the ordinance. Several affected property owners were present and spoke in opposition to the variance request citing issues including negative visual impact, decreased property values, lack of demonstrated hardship and negative precedent which would be set if the proposed variance were approved. The Board voted unanimously to deny the Proposed Variance for the following reasons: (a) The Proponent did not sufficiently demonstrate that the Subject Property could not be put to i I reasonable use without approval of the variance request. Conditions for requiring a variance are due to the nature of the cellular I telephone business and not by conditi’ons ‘I present on and unique to the site. (b) The antenna tower height is excessive and would have a negative visual impact on surrounding affected properties. (c) The Proponent did not adequately demonstrate that the size and location of the antenna were . necessary for the functioning of cellular -. service and that the use is exclusive to the Sub j ect Property. (d) A precedent would be established if the variances were to be approved allowing similar requests to be submitted. 7. On February 27, 1991, the Proponent appealed the decision of the Board of Appeals and Adjustments to the City Council , 8. On March 4, 1991, the Edina City Council conducted a public hearing concerning the appeal of the Board's decision. Pursuant to applicable City Ordinances notice of public hearing was published in the Edina Sun Current and mailed to property owners with 200 feet of the Subject Property, At said hearing, the Proponent showed 6 4 I I computer enhanced graphics illustrating the anticipated appearance of the proposed tower and antenna from various locations east of the Subject Property. At said1 hearing, I. affected property owners testified in opposition to the Proposed Variance. The City Council acknowledged a number of signed letters submitted by property owners who reside in the vicinity all of which opposed the' Proposed Variance. Among issues submitted in oral and written testimony were damage to views, potential interfkrence of T.V. reception, possible health hazards, llack of 1 I I demonstrated hardship, potential for setting a phecedent , and loss of property values. The Proponent submitted a , I preliminary investigation from Cannery and Associates, Inc. real estate appraisers stating that lin their I opinion the monopole tower would have no measurable value I impact on the affected properties. The Proponent stated that the Proposed Variance is the most ideal solution for Proponent to improve Proponent's cellular service. The City Council continued the variance .hearing to karch 18, 1991, for review of written findings and fon further Council action. I ! ! \ I THEREFORE, based upon the foregoing findings, the City Council does hereby make the following 7 Decision: The Proponent's request for the Proposed Variance to construct an antenna and utility building at 5600 Lincoln Drive is hereby denied. The decision of the City Council is made for the following , Reasons : A. Affected property owners in the vicinity of the Subject Property should have the right to presume that any variance from the Ordinance will be compatible with surrounding properties and with the spirit and intent of the applicable Ordinances. B. The Proponents have indicated that the Subject Property is the most "ideal locationt1 for their purposes. However, Proponent has not demonstrated the existence of * undue hardship to support the Proposed Variance. Nor has it demonstrated that its plight is due to circumstances unique to the Subject Property, not created by the Proponent. On the contrary, the Proponent's plight is due solely to circumstances created by Proponent, namely its desire to improve cellular telephone service. Also, the Subject Property, is presently being used as the location for an industrial use which is a reasonable use of the Subject Property which will continue to exist 8 under the Zoning Ordinance even if the Proposed is denied. Variance C. The Proposed Variance would be materially detrirpental to granted, would alter the existing character of the surrounding properties. I D. Approval of the Proposed Variance would establish a precedent encouraging the construction of similar towers and antennas in other PID districts, contrary to the l intent and requirements of the Zoning-Ordinance. The Proponent has not adequately establishedthat the antenna height and location are necessary for the improQement of cellular service. I . 9 31 1819 1 I 43 is required. Thus, a seven foot parking/drive aisle setback variance is requested. I At its meeting of February 27, 1991, the Community Development /and Planning Commission recommended approval of preliminary rezoning, sub jedt to : 1) Final rezoning, and 2) Staff approval of signage. two changes to the site plan: 1) That the proposed drive aisle (north side) be narrowed from 12 to 10 feet, reducing the required setback variance to five feet, and 2) That the landscaping be intensified to provide improved screening on the north property line. setback variance on the condition of continued occupancy of the building by Diversified Credit Union. The Planning Commission also requested The Planning Commission also recommended approval of the Presentation bv ProDonent Dick Haas, representing Diversified Credit Union, explained that Diversified is a low-test operation with 2800 members currently in the metropolitan area. Because all Minnegasco buildings are the security type, they are attempting to expand services to their members outside of working hours. Diversified would be 1O:OO A.M.-6:00 P.M., Monday thru Friday and 9:00 A.M. - 12:OO noon on Saturdays. The area proposed to be served is Richfield, Bloomington, Edina, Eden Prairie and possibly Burnsville. Hours of operation for Public Comment Dr. William Meyer,’stated that he was a practicing physician at the Paul Larson OB- GYN Clinic, 6517 Drew Avenue South, which occupies the building just north of the subject property. He spoke to issues listed in the letter dated March 12, 1991, that the clinic physicians had submitted in opposition to the proposed rezoning. Those issues were: the general area has been Zoned RMD since approximately 1968; rezoning one segment of the property in the RMD to a lower intensity usage could adversely affect property values of continuous properties; already-limited on-street parking on the East side of Drew Avenue would be even more severely limited adding cost/control problems of neighboring properties, aesthetically, an additional 12- foot wide driveway between existing buildings would tend to give the appearance of a translocated section of freeway in an area of small well maintained buildings. Dr. Meyer also questioned traffic safety with the additional curb cut and long term effects for the medical community surrounding the hospital. Council Comment In response to Council questions, Planner Larsen commented that Diversified Credit Union would have five employees at this location. The ability for the use to increase in intensity would be limited by the growth in Minnegasco employees. regard to the addition of the drive aisle/window teller, it would reduce the possibility of on-site parking shortages, has been located so as to provide the maximum spacing between it and the next use to the north, and prior to final approval the landscaping plan would be reviewed to make sure there is no clear view problem for either site. Regarding vehicle traffic to the site, Mr. Haas said they anticipate approximately two cars per hour at the drive-thru teller window during the hours they are open, with the majority during the 4:OO P.M.-6:00 P.M. period. With Member Smith made a motion to grant First Reading for rezoning of Lot 2, Block 2, Southdale Acres (6525 Drew Avenue South) from RHD, Regional Medical District to POD- 1, Planned Office District subject to: 1) Final rezoning, 2) Staff approval of signage, 3) The proposed drive aisle (north side) being narrowed from 12 to 10 feet, and 4) That landscaping be intensified to provide improved screening on the north property line, and approval of the five foot setback variance on condition of continued occupancy of the building by Diversified Credit Union. seconded by Mayor Richards. Motion was 3/ 18/9 1 .. 44 Member Rice stated he could not support the motion to rezone because of the five foot setback variance that would be required. Rollcall : Ayes: Paulus, Smith, Richards Nays: Kelly, Rice Motion for First Reading failed. (4/5 favorable vote required) PRELIMINARY PUT APPROVED FOR BRE" ADDITION - 6425 INDIAN HILTS ROAD Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen explained the request for preliminary plat approval for Brennan Addition - Lot 5, Block 7, Indian Hills, located at 6425 Indian Hills Road. The subject property is a developed single family lot containing an area of 86,171 square feet. The lot is a "thru-lot", having frontage on two public streets. The existing home has access on the easterly side of the site. A preliminary plat was submitted requesting a division of the property which would create one, new buildable lot. Lot 1, (new lot) would contain 31,830 square feet and Lot 2, would contain an area of 54,340 square feet. The standards for the 500 foot neighborhood area lot width of 165 feet, lot depth 200 feet and lot area of 33,500 square feet. As originally proposed, the lot dimensions were: Lot Width Lot DeDth Lot Area Lot 1 190 sq. ft. 170 sq. ft. 31,380 sq. ft. Lot 2 195 sq. ft. 300 sq. ft. 54,340 sq. ft. As proposed, Lot 1 would not meet the neighborhood median lot depth or lot area standards and would require variances. neighborhood medians for size and dimensions. The Community Development and Planning Commission heard the request for preliminary plat approval on February 27, 1991, and recommend preliminary subdivision approval subject to: 1) Realignment of the common rear lot line to the easterly edge of the existing swimming pool and removal of the pool, 2) Driveway must be constructed to enable vehicles to enter the street front first, 3) Final plat approval, 4) Subdivision dedication for one new lot, and 5) Utility connection charges. Lot 2 for the existing home would exceed all Subsequently, the proponents have submitted a revised preliminary plat which incorporated the changes ordered by the Planning Commission. proposed plat would meet the 500 foot neighborhood standards for lot width, lot depth and lot area, as well as lot width to perimeter ratio and no variance would be required. As revised, the The revised plat would require removal of the existing swimming pool. Public Comment Speaking in opposition to the proposed subdivision were: Orrin Haugen, 6612 Indian Hills Road, who said he was also speaking for two other neighbors present, Donald Buck, 6509 Indian Hills Road and Gordon Peterson, 6517 Indian Hills Road; Dean Swanson, 6617 Cheyenne Trail; Donald Buck, 6509.Indian Hills Road; Donald Eyberg, 6600 Dakota Trail. Arguments in opposition included: 1) Character, symmetry, unique layout of lots, and basic nature of the Indian Hills neighborhood should be preserved, 2) Approval of the proposed subdivision would set a precedent for further subdivisions in the area, 31 Meeting the requirements of the subdivision ordinance should not be the sole test for approval, 4) Private covenants should be taken into consideration, and 5) Proposals to subdivide adjacent properties several yeazs ago were not approved. I Betty Brennan, proponent, 6425 Indian Hills Road, commented that the proposed new 31 1819 1 45 lot is a beautiful building lot, it meets all ordinance requirements, and asked for preliminary plat approval. materials, refuse, vehicles, etc. that have been stored on the subject property. Mrs. Brennan responded that because of her husband's health she has been granted power of attorney and is in the process of disposal of those items. Member Rice commented that he was concerned about the Member Smith introduced the following resolution and moved adoption, subject to: 1) Final plat approval, 2) Subdivision dedication for one new lot, 3) Utility connection charges, and 4) RemuVal of the existing svimming pool: BESOLUTION APPROVING PBELIMHdaY PLAT FOR BRE" ADDITION BE IT BESOLVED by the City Cauncil of the City of Edina, Minnesota, that that certain plat entitled wBRE" ADDITIONw, platted by Joseph and Betty Brennan, husband and vife, and presented at the regular meeting of the City Council of March 18, 1991, be and is hereby granted preliminary plat approval. Motion for preliminary approval was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. FIRST REhDING GRANTED OF ORDINANCE NO. 902-AlO - TO AIJBU SALE OF INTOXICATING MALT LIQUOR AT ON-SALE Council's direction of March 4, 1991, staff had prepared a draft of Ordinance No. 902-A10 - To Allow Sale of Intoxicating Malt Liquor at On-sale. The ordinance provides that in order to sell intoxicating malt liquor, an establishment must possess three licenses: 1) An On-sale Wine License, 2) An On-sale Non-Intoxicating Malt Liquor License, 3) A Food Establishment License. In addition, the establishment must post the necessary insurance certificate or provide evidence allowing them to obtain a waiver from the insurance requirements. Assistant Manager Gordon Hughes reported that, in accordance with In accordance with statutory requirements, the draft ordinance provides that at least 60% of the gross receipts of the establishment must be attributable to the sale of food. standard has been met. and confirmed by a certified public accountant. The licensee is required to submit affidavits confirming that the 60% The City Clerk may require that this affidavit be verified The draft ordinance also provides that the service of intoxicating malt liquor must meet the same requirements as the service of wine. be ordered to be consumed with the intoxicating malt liquor, and that no sale or consumption of intoxicating malt liquor would be permitted at a bar. asked if there was a cap on the alcoholic content of intoxicating malt liquor as he understood that the alcoholic content of some strong beers was higher than wine. Attorney Erickson responded that the State Statute defines it as anything containing more than 3.2 percent of alcohol by weight. ordinance could be more restrictive than the State Statute. Specifically, that a meal must Member Smith He pointed out that the proposed Police Chief Craig Swanson referred to his memorandum dated March 14, 1991, regarding the impact of adding strong beer service to the existing wine licensing provisions. inquiries of police staff regarding any problems and review of recent inspections, his conclusion was that the addition of strong beer would not create new complications or problems. holders makes this a safe prediction. food and casually oriented type of restaurant may bear watching. Following review of police responses to licensed establishments, The up-scale format of the majority of the license However, he noted that a more convenience- Public Comment Mayor Richards called for public comment on the proposed ordinance amendment. Marsh Everson, President of the Edina Chamber of Commerce stated that the Chamber of 31 1819 1 46 Commerce wanted to reiterate their support of the ordinance that would allow sale of strong beer in restaurants. D Council Comment Member Smith proposed that the ordinance amendment state the alcohol content limit for intoxicating malt liquor. Mayor Richards said he would not support putting a limit on the alcohol content as that would in effect roadblock the procedure by not permitting the sale of certain labels of strong beer - the issue should either be voted up or down. Member Smith made a motion to contiwe the hearing on the ordinance amendment to allow further investigation on the alcoholic content of intoxicating malt liquor-. Motion was seconded by Member Rice. Ayes: Rice, Smith Nays: Kelly, Paulus, Richards Motion failed. Member Kelly then offered Ordinance No. 902-610 - An Ordinance Amending Ordinance No. 902 To Allow Sale of Intoxicating Halt Liquor, for First Reading as presented and on file in the office of the Ciw Clerk. by Member Paulus. Motion for First Reading was seconded Member Rice commented that he would like to see the sunset provision moved up and suggested an automatic termination date of April 1, 1993. Member Smith offered an amendment to the motion that the first sentence of Sec. 49 of Ordinance No. 902-AlO be revised to read as follows: "The provisions of this Part I shall terminate automatically at 12:Ol A.M. on April 1, 1993." Motion to amend was seconded by Member Rice. I Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards then called for vote on the main motion on the floor as amended. Ayes: Kelly, Paulus, Richards Nays: Rice, Smith First Reading granted. Mayor Richards announced that Ordinance No. 902-A10 would be on the Council Agenda on April 1, 1991, for Second Reading. ORDINANCE NO. 902-A8. TO ELIHR?ATE REQUIBEZIENT FOR SURETY BOND. TO REQUIRE SALE OF FOOD UITE SALE OF RON-INTOXICATING HALT LIQUOR. TO UPDATE REFERENCES TO STATE STATUTES AHD TO PROVIDE FOR LICENSING TERM FROM APRIL 1 TO APRIL 1. AHD ORDINANCE Wm Assistant Manager Hughes explained that the proposed Ordinance No. 902-A8, to Eliminate the Requirement for Surety Bond, to Require Sale of Food with Sale of Non-Intoxicating Malt Liquor, to Update References to State Statutes, and to Provide for Licensing Term from April 1 to April 1, and Ordinance No. 902-A9, An Ordinance Amending Ordinance No. 902, as Amended, be considered housekeeping items. Staff would recommend adoption; with waiver of Second Reading. Member Paulus made a motion to adopt the following Ordinances, vith waiver of Second Reading : NO. 902-A9. AHENDING ORDIJUNCE NO 902 A!3 PRESENTLY AHERDED. ADOPTED. SECOm READING ORDINANCE NO. 902-A8 AH ORDmCE AMENDING ORDINANCE 902 TO ELIHIXATE REQ- FOE SmUgTY BOND, TO REQUIRE SATX OF FOOD UITE SALE OF RON-INTOXtCATIHG mT LIQUOR, TO UPDATE BEFEaEEHCES TO STATE SThTOiTES 3/18/91 47 AND TO PROVIDE FOB LICEl?SING TEBLI FROM APRIL 1 To APRIL 1 Section 1. Sec. 9 and Sec. 37 of Ordinance No. 902 are hereby amended to THE CITP COUNCIL OF THE CITP OF EDINA, BENNESOTA, ORDAINS: change the reference in said sections to State Statutes, Section 340.95 and Section 340.11, subdivision 21, to State Statutes, Section 340A.901 and Section 3406.409, respectively. Sec. 2. Sec. 11 of Ordinance 902 is hereby repealed in its entirety. Sec. 3. Sec. 13 of Ordinance 902 is hereby amended by adding a new paragraph "(f) Every license issued under this Part C shall expire as 12:Ol A.M. on the April 1 following its date of issuance." Sec. 4. Sec. 18 of Ordinance No. 902 is hereby amended by adding a new paragraph (c) as follows: "(c) In any place licensed for the on-sale of non-intoxicating malt liquor, which is also licensed for the on-sale of wine under Part H of this ordinance, no person shall be sold, serve, or consume non-intoxicating malt liquor who does not order a meal to be served with the non-intoxicating malt liquor. " Sec. 5. A.M. on the April 1 following its date of issuance, but licenses previously issued under this Part H and now in effect shall expire at 12:Ol A.M. on July 1, 1991. Sec. 6. This ordinance shall be in full force and effect upon its assage and (f) as follows: Sec 36(e) of Ordinance 902 is hereby amended to read as follows: "Every license hereafter issued under this Part H shall expire at lt:81 wsug publication. ATTEST : Mayor Clerk ORDINANCE NO. 902-A9 AN ORDINANCE AMENDING ORDINANCE NO. 902 AS PBESENTLY AHENDED THE CITP COUNCIL OF THE CITP OF EDINA, BENNESOTA, ORDAINS: Section 1. The heading and style of Ordinance No. 902, is hereby amended by adding immediately below the heading, the phrase. "TBE CITY COUNCIL OF THE CITY 4)F EDINA, BtIXIWSOTA, ORDAINS:". effective retroactively to, the earliest effective date of said Ordinance . 902. Sec. 2. This ordinance shall be in full force and effect as of, and shall be /Np ATTEST : Clerk Motion for adoption of the ordinances was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinances adopted. *BID AWARDED FOR TVO STANDBY GENERATORS Motion was made by Member Smith and seconded by Member Kelly for award of bid for two standby generators to recommended second low bidder, Interstate Detroit Diesel, Inc., at $35,970.00. Ayes: Kelly, Paulus, Rice, Smith, Richards 3/18/91 Motion carried. *AWARD OF BID CORREO FOR IIlLuMHhTED AWNING - YORKDAIX LIOUOR STORE Due to a mis-calculation the lowest bid for the illuminated awning - Yorkdale Liquor Store was $13,999.00 instead of $10,848.00 as approved at the March 4, 1991, Council meeting. bid for an illuminated awning at the Yorkdale Liquor Store to low bidder, Sign Services, Inc., at $13,999.00. Motion was made by Member Rice and seconded by Member Kelly for award of Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. LUND'S RJXHOVATIOEI PLANS AT 5OTH & F"CE PRESElPTED Assistant Manager Hughes stated that based on comments of the Council in connection with the 50th & France Streetscape and Parking Projects, staff has asked Tres Lund to make an informal presentation concerning renovation plans for the Lund's properties in the area. Some Council Members had inquired as to the City's authority to review and approve remodeling or renovation plans such as that proposed by Lund's. With the exception of the development of the vacant site west of the Edina Theater, no Planning Commission or City Council approval is needed for the renovation projects. Tres Lund introduced the Lund's corporate staff and project staff members who were present. He reported that they have initiated several renovation projects for this spring: Peterson Mall and Edina Five-0. These will be coordinated with City staff in connection with the 50th & France sidewalk renovation. Five-0 include a brick face lift. entrances will be converted to glass front retail. a new exterior facade with brick columns. done only when they come to terms with the tenant. Mr. Lund explained that the Talbots store was remodeled in 1988 and is a well finished building. The pedestrian alley to the rear of these stores will have a renovated exterior facade that would provide another focal point in terms of a friendly shopping environment. renovation projects. The plans for Edina The back facade which currently has service. The Peterson Mall plans include Remodeling of the Clancy Building will be .. There are also no plans for the Albrechts and Bellesons stores. He then presented architect's drawings and explained the plans for the Mr. Lund stated that a future project would be a new building totaling 27,000 square feet which is planned for the vacant site west of the Edina Theater. 1992 would involve renovation of the Len Druskin store and the Children's General Store. Projects for TRAFFIC SAFE!L'Y COlMPlTEE HINUTES OF 3/11/91 dppaovED that for item (1) of Section A, the Traffic Safety Committee had received a petition from numerous local residents to restrict parking during school days on Chapel Drive and Chapel Lane. The Committee recommended installing "No Parking, 8 A.M. - 4 P.M., School Days" signs on Chapel Lane and Chapel Drive in the areas receiving notification, and to have the City Council express parking concerns to the School District. Engineer Hoffman explained Member Paulus asked if a resident needed parking for visitors, would the Police Department allow this. period of one year to allow for unusual events and for residents to secure spaces for visitor parking, i.e. neighbor's driveway, nearby church lots, etc. Chief Swanson commented that normally there is a grace Resident Comment Speaking in support of the request for restricted parking were Susan Smith, 6813 Chapel Lane; George Burke, 6820 Chapel Lane; and Marge Stevenson, 6021 Chapel Drive. Their main concerns were: safety for young children in neighborhood, ability of 3/18/91 49 emergency vehicles to litter and noise, and Member Smith asked if "Two Hour Parking" on serve area, students' careless driving, parking and speeding, why the students cannot park on the school grounds. the street could be signed for "No Parking" on one side and the other side. Engineer Hoffman said the management of such signage would be difficult. Member Rice questioned whether the sign Eould read "No Student Parking" so that on street parking could be provided for the needs of the residents. Engineer Hoffman answered that a selective enforcement process does not work. He said this issue has been raised before regarding other streets around the high school and that parking has been restricted on those streets at the request of the residents. the parking restrictions be lifted. residents after the restricted parking has been in place for several months to see if it is working or if it should be changed. Department has been cooperative concerning restricted parking and has attempted to facilitate the needs of residents for special events, i.e. meetings, parties, etc. Apparently it has worked well as those residents have not asked that He suggested that a survey be sent to the Chief Swanson said that the Police Member Paulus made a motion to approve the recommended action listed in Section A of the Traffic Safety Committee Minutes of March 11, 1991: 1) To install "NO PARKING, 8 AH - 4 PM SCHOOL DAYS" signs on Chapel Lane and Chapel Drive in the areas receiving notification, and to have the Council express parking concerns to the School District. the Engineering Department for a feasibility study to redesign, the north parking lot area of the Edina Community Center. 2) To refer the matter of Benton Avenue from Crescent Drive to Tracy Avenue to 3) To endorse the safety plan drawn up by the Engineering Department concerning and to acknowledge Sections B and C of the Minutes. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. UPDATE GIVEN ON DISPOSAL OF WASTE OIL Manager Rosland recalled that at the March 4, 1991, meeting a resident reported that an Edina service station had refused to accept used motor oil for recycling. operator to be in violation of Minnesota Statutes regarding used motor oil. urged the Council to take action to.enforce compliance and/or pass an ordinance to require all service stations to accept motor oil for recycling. The resident believed the service station He In a memorandum dated March 18, 1991, Recycling Coordinator Chandler reported that 1 effective January 1, 1988, Minnesota Statutes prohibited disposal of waste motor oil, household trash or solid waste disposal facilities. It required retail sellers of motor oil to either: - Provide a collection tank on the premises for used oil deposit, or - Post a notice of the nearest used oil collection site within 10 miles of the point of sale. Enforcement is the responsibility of the MN Department of Public Service, Division of Weights and Measures. Coordinator Chandler said that a letter was sent to all Edina service stations and repair garages explaining the discontinuance of the used oil tank at the Recycling Center. residents wishing to recycle used oil. law to the MN Department of Weights and Measures. *RESOLUTION ADOPTED AHENDING LOGIS JOIIW POVWS A- Motion vas made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: The letter expressed appreciation for their efforts to accommodate It also referred questions on the Minnesota RESOLUTION RELATING TO LOCAL GO- INFORMATION SYSTEM (LOGIS): APPROVING I 3/18/91 .. 50 AN AHKNDME" TO THE JOINT AND COOPERATIVE A- BE IT RESOLVED By the City of Edina as follows: Section 1. Backsmnmd: Findirucs. 1.01. The City is a regular member in good standing of Local Government The City is a paay to the joint and cooperative . Information Systems (LOGIS). agreement (Agreement) under which LOGIS was formed and operates. The Agreement has been entered into by the City and the other members pursuant to Minnesota Statutes, Section 471.59 (Act). to the Agreement be made. Agreement (Amendment). Council. LOGIS to be effective. orderly and efficient operation of LOGIS and the City that the Amendment be adopted. 1.02. The Board of Directors of LOGIS have recommended that certain changes A form of the proposed Amendment has been reviewed by this Those changes are embodied in a proposed amendment to the The form of the propose Amendment is on file vith the City Clerk. 1.03. 1.04. Sec. 2. Amrovals: Authorization. 2.01. 2.02. Under the Act the Amendment must be approved by all regular members of It is found and determined that it is necessary and desirable for the The form of the Amendment is approved. The Mayor and the City Manager are authorized and directed to execute and deliver the Amendment on behalf of the City. directed to transmit a certified copy of this Resolution and the executed Amendment to the Executive Director of LOGIS. Motion carried on rollcall vote, five ayes. The Clerk is authorized and *IAlCAL 49 OPERATING ENGINEERS 1991 LABOR A- RATIFIED Member Smith vas seconded by Member Kelly to ratify the 1991 Iabor Agreement with Local 49 of the Operating Engineers, which vas negotiated to provide the following: 1. Wages - 4% increase 2. Health Benefits - An additional $20.00 per nonth contribution to the Motion vas made by employee flex benefit program. Motion carried on rollcall vote, five ayes. *3.2 BEER LICENSE RENEUAIS APPROVED seconded by Member Kelly for approval of 3.2 beer license renewals for the following establishments: On-sale - Braemar Golf Course, Braemar Golf Dome, Bravo! Italian Specialties, Correlli's Pizza h Pasta, Daytons Food Service, Edina American Legion Post, Empress Restaurant, Good Earth Restaurant, Jerry's Foods, Original Pancake House, Pantry Restaurant, Q.Cumbers, Tour de France, Szechuan Star Restaurant, TJ's Family Restaurant, The Lotus 111; Off-sale - Country Store, Edina Superette, Jerry's Foods, Holiday Stations, Inc., Kenny's Markets, SuperAmerica Station. Motion was made by Member Smith and was Motion carried on rollcall vote, five ayes. *ASSISTbzpT VEED INSPECMR FOR 1991 APPOINTED Motion was made by Member Smith was seconded by Member Kelly to approve the appointment of Dr. Eugene Davis as Assistant Weed Inspector for the City of Edina for the year 1991. Motion carried on rollcall vote, five ayes. % APPOmS HADE TO BOARDS/COHKISSIONS/CO~S for consent of the Hayor8s appointments to advisory boards/commissions/committees as f ollows : Motion was made by Member Smith Edina Art Center Committee Recycling Commission (3 year term to 2/1/94) Charlotte Scanlan Virginia Sweeny (partial term to 2/1/92) Motion for consent of appointments was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. I 3/18/91 51 APWINTHERC HADE TO THE EDINA FOUNDATION BOARD Mayor Richards' suggested Peter Spokes be appointed to fill a vacancy on The Edina Foundation Board. Member Smith made a motion to appoint Peter Spokes to fill a vacancy on The Edina Foundation Board. Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *PETITION FOR CURB & GXJTTER AND BITUHR?OUS OVERIAY FOR WOODDALE AV. WEST SHORE DR. AND ANDOVER RD. REF'ERRED TO ENGI"G DEPAR- FOR PROCESSING Motion was made by Member Smith was seconded by Member Kelly to refer the petition from property owners for curb and gutter and bituminous overlay for Wooddale Aveme, West Shore Drive and Andover Road to the Engineering Department for processing. Motion carried on rollcall vote, five ayes. *UC 1991 LEGISLATIVE CONFERENCE TO BE HELD APRIL 10 Council Members of the League of Minnesota Cities 1991 Legislative Conference April 10, 1991, at Radisson Hotel, St. Paul. Manager Rosland reminded the *CTATnS PAID Motion was made by Member Smith and was seconded by Member Kelly to approve payment of the following claims as shown in detail on the Check Register dated 3/18/91 and consisting of 30 pages: General Fund $262,624.40; C.D.B.G. $35.00; Communications $11,173.45; Art Center $3,551.60; Capital Fund $6,385.40; Swimming Pool Fund $773.00; Golf Course Fund $77,344.05; Recreation Center Fund $4,613.07; Gun Range Fund $551.73; Edinborough Park $7,734.23; Utility Fund $14,773.58; Liquor Dispensary Fund $101,026.86; Construction Fund $78,637.69, TOTAL $569,224.06; and , for confirmation of payment of the following claims as sham in detail on the Check Register dated 2/28/91 and consisting of 14 pages: Center $1,503.74; Swimming Pool Fund $95.80; Golf Course Fund $22,185.52; Recreation Center Fund $14,395.17; Gun Range Fund $692.31; Edinborough Park $16,500.29; Utility Fund $24,175.88; Storm Sewer Utility $780.45; Liquor Dispensary Fund $201,791.73, TOTAL $671,227.14. General Fund $389,106.25; Art Motion carried on rollcall vote, five ayes. There being no further business on.the Council Agenda, Mayor Richards declared the meeting adjourned at 11:45 P.M. City Clerk