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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