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HomeMy WebLinkAbout19910506_regular79 l!OXUTES OF THE REGULAR MEETING OF THE ED= CITY COUNCIL HELD AT CITY HAIL HAY 6, 1991 R0L;LCAI;L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. ARBOR DAY PROCIAIMED unanimously adopted: WHEREAS: in 1972, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and VBEREdS: this holiday, called Arbor Day, vas first observed with the planting of more than a million trees in Nebraska, and WHEREAS: Arbor Day is now observed throughout the nation and the world, and WHEREAS: trees are a most valuable resource, purifying our air, helping conserve our soil and energy, serving as a recreational setting, providing a habitat for vildlife of all kinds, and enriching our lives in other important ways; and WHEREAS: disease, insects and pollution have damaged and continue to threaten our trees, creating the need for tree care and tree planzing programs and fostering greater public concern for the future of our urban forest; and WHEREAS: Edina is proud of the beautiful shade trees which grace our homes and public places; and WHEREAS: Edina has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting ways, WHEREAS: the day of April 26th is designated as Arbor Day in Edina, to unite citizens in the planting of trees for their future, WHEREAS: the City of Edina in cooperation with the Edina Public School District, Edina Rotary Club, and Cornelia PTA vi11 plant 65 trees to recognize Arbor Day, NOW, THEREFORE, I, Frederick S. Richards, Mayor of Edina, do hereby proclaim April 26, 1991, to be Arbor Day and call upon the public spirited and foresighted citizens of Edina to plant trees now for our pleasure and that of future generations. Dated this 26th day of April, 1991. Mayor Richards presented the following proclamation which was PROCLAMATION Accepting the proclamation were students from Cornelia School and Mike Julius, PTA Environmental Coordinator. Mr. Julius reported that 65 trees were planted this spring with 250 proposed to be planted in the spring of 1992. EDINA BICYCLE SAFETY MONTJiI PROCLAIMED proclamation vhich was unanimously adopted: WHEREAS: Safety of children is a major concern of the City of Edina; and WHEREAS: Children are especially vulnerable vhile riding bicycles in conjunction with vehicular traffic; and WHEREAS: Education of children through school presentations can reduce bicycle accidents; and WHEREAS: Education enforcement of bicycle rider errors can reduce bicycle accidents; and VBEREdS: The Edina Citizens' Safety Council has been the leader for over tventy years with programs to reduce bicycle accidents; NOW, THEBEFORE, I, Frederick S. Richards, Mayor of the City of Edina, do hereby proclaim the month of May as Mayor Richards presented the following PROCIAHATION EDINA BICYCLE SAFETY MONTH 80 5/6/91 and that efforts of the community be directed to encourage the safety of children in the month of Hay and throughout the year vhile involved in bicycling. . Dated this 6th day of Hay, 1991. Accepting the proclamation was Carmie Hobbins, a Cornelia School parent, who has led a campaign for use of helmets by bikers. bicycle helmets have been sold so far this year. Ms. Hobbins reported that over 1000 CONSENT AGENDA I!I’EMS ADOPTED Motion vas made by Member Paulus and was seconded by Member Rice to approve and adopt the Council Consent Agenda items as presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HIMITES OF REGUIAR MEETINGS OF APRIL 1 AND APRIL 15. 1991. AND SPECIAL HJiXTIFIG OF APRIL 22. 1991, APPROVED Motion vas made by Member Paulus and seconded by Member Rice to approve the Council Hhutes of the Regular Meeting of April 1, 1991, and April 15, 1991, and for the Special Meeting of April 22, 1991, as presented. Motion carried on rollcall vote, five ayes. PReLIMHdaY REZONING - R-1 TO PCD-1 - 3916 AND 3918 U. 44TH ST. - KENNETH DURR ASSOCIATES CONT7eJoED TO 5/20/91 Affidavits of Notice were presented, approved ordered placed on file. Presentation bv Planner and Planner Larsen presented the request of Durr, Ltd., to rezone two single family lots (3916 and 3918 W. 44th St.), immediately adjacent to the existing Durr, Ltd. property, from R-1, Single Dwelling Unit, to PCD-1, Planned Commercial District. Durr Ltd., has acquired the two adjacent single family properties with the intent of expanding their existing building and to provide additional off-street parking. The proposed redevelopment would involve the removal of the two existing dwellings followed by the construction of a two-story addition to the Durr store and construction of 20 additional parking spaces. square feet of gross floor area and would include a full basement. The addition would contain 10,600 Planner Larsen pointed out that the PC-1 District has a maximum Floor Area Ratio (FAR) of 1.0. the existing 9,500 square foot building for a total of 20,100 square feet. Adding the two single family lots to the site would result in a total site area of 24,697 square feet. ordinance maximum. The subject proposal would add 10,600 square feet of floor area to The FAR of the redeveloped site would be 0.81, which is below the In 1986, the City approved the conversion of the Odd Fellows Lodge to Dum, Ltd. The conversion required a number of variances including a variance for parking quantity. As a general retail use, the existing building would require 52 parking spaces. The existing site provides only 8 spaces. The proposed addition would add demand for 50 additional spaces, for a total parking requirement of 102 spaces. If viewed as a furniture store, the total parking requirement would be reduced to 50 spaces. variance would be required. The site plan illustrates 28 parking spaces, thus a 22 space parking As proposed, the building and parking setbacks meet Zoning Ordinance requirements. The site plan illustrates heavy landscaping along the westerly and northerly 5/6/91 81 I property lines to screen the parking from adjacent residential uses. the parking area would be screened by the substantial grade difference between the parking lot and adjacent lots. In addition,, The plan meets ordinance screening requirements. The site plan illustrates the redevelopment of the two single family lots for expansion of the building and parking for Durr, Ltd. the Comprehensive Plan illustrates the Durr store site as suitable for redevelopment as high density residential. for conversion to low density attached residential. If the rezoning is approved, it would also require amending the Comprehensive Plan. Planner Larsen explained that It shows the adjacent single family lots as suitable The subject property is within the 44th Street/France Avenue Tax Increment District which was approved by the Council in April, 1990. On January 22, 1991, staff prepared a report for Council concerning the status of the City's tax increment districts. As noted in that report, the 44th/France District is affected by certain provisions of the tax increment financing law adopted during the 1990 Legislative Session. prior to June 1, 1991, to preserve the status of the district: i. ii. Bonds must be issued to finance project cost; or iii. The law provides that at least one of the following actions must be taken A development agreement must be entered into by the City for a site in the tax increment financing district; The City must acquire property in the district. Unless one of these actions occurs by June 1,.1991, the district will no longer qualify and will be decertified. If decertified, the 44th/France area would remain in a development district along with the Wooddale/Valley View and 7Oth/Cahill areas. The City could incur public cost at 44th/France, however, repayment of those costs could be obtained only from tax increment districts that were not decertified (presumably the 7Oth/Cahill District). proponent, Kenneth Durr, has submitted a letter to the Council requesting City participation in the acquisition of these properties through tax increment financing. A development agreement with Durr, Ltd. would satisfy the statutory criteria as to the 44th/France Tax Increment District. If the Council wishes to pursue such an agreement, action must be taken promptly to meet the June 1, 1991 deadline. In connection with the subject rezoning, the The Community Development and Planning Commission considered the rezoning request at its meeting of May 1, 1991, and unanimously recommended preliminary rezoning approval and amending of the Comprehensive Plan, with the stipulation that the parking variance be conditioned upon continuation of the existing use. Presentation bv Proponent Kenneth Durr explained that their store building is overcrowded and more space on a second floor level is necessary for the interior design area which is now in a cramped space in the basement. square foot warehouse at another location. As proposed by the redevelopment plan, their space usage would change but the building usage would remain unchanged. Parking would be increased from 8 spaces to 28 spaces. In addition, two driveways would be abandoned, adding four more curbside parking spaces. They also rent a 5500 Mr. Durr elaborated that they started their business approximately 6 years ago and would like to remain in Edina. At this time they need to either invest and expand in their present location or relocate. relocating, they would prefer to expand in their present location. However, it would require a sizable investment, e.g. land acquisition, demolition, earth removal, retaining walls, with no assurance that other businesses in the area would - Although there are many pluses in 82 5/6/91 upgrade. Mr. Durr said an investment of this size would not be prudent unless there was some participation by the City through tax increment financing. in two ways - they could remain at their present location and it would take away some of the investment risk. It would help the City and the area by encouraging other businesses to expand and upgrade and would insure a chance for vitalization of the entire area. It would help . Mr. Durr concluded by explaining that their proposal for expansion follows the redevelopment plan for the area as presented and approved by the Planning Commission and the Council when the 44th Street/France Avenue Tax Increment District was established. the area would survive and not decline. He urged the Council to take action to preserve the District so that For the record, Mayor Richards noted that correspondence had been received in opposition to the proposed rezoning from Robert Brown, 4993 Morningside Road, and from Karen R. Miller, President, Morningside Condominium Association, and co-signed by other condominium owners. proposed rezoning. Mayor Richards then called for public comment on the Public Comment Speaking in opposition to the rezoning were: Don Wernlie, 3915 Morningside Rd., Karen Miller, 4360 France Av. S., Mina Adamovich, 4360 France Av. S., Norman Knutson, 3907 Morningside Rd., Shirley Sponsel, owner of 3903-05 Morningside Rd., Ted Murphy, 4307 Eton Pl., Clay Hadley, 3936 W. 44th St., and Don Arndt, 3911 Morningside Rd. I In summary, comments and concerns expressed included objection to increasing the parking lot area with potential for overnight problems, desire to keep the area residential instead of commercial, concern that the character of the neighborhood would be changed, additional traffic/noise, concern that rezoning would lower property values, potential for further rezoning to commercial resulting in more encroachment on the residential neighborhood, concern that the existing hill will be lowered, loss of mature trees, and timeframe for the proposed construction. Noelle and Jack Kujawski, 3920 W. 44th St., stated that they live next to the proposed parking lot and would be the ones most affected by the redevelopment. said that they felt the proposed redevelopment would be preferable to the existing single family homes which are in poor condition and if sold would likely attract a questionable type of neighbor. Ms. Kujawski commented further that 44th Street is not a neighborhood - it is a commercial area. They In response to concerns about the existing hill and landscaping, Mr. Durr explained that the hill elevation would remain the same as it is now and would be maintained by the retaining walls. screened from the properties to the north. supplemented with $15,000 in plantings, and with an irrigation system to assure continued growth. but would be repsaced with 7 large trees. total project would take about six months after groundbreaking. The parking lot surface would be ten feet down and would be Existing vegetation would be Mr. Durr said that 4 or 5 mature trees would need to be removed As to the timeframe, Mr. Durr said the Council Comments proposed rezoning if the City chose not to participate through tax increment financing. making a decision. construction alone would be $291,000.00 without any building construction. Mayor Richards inquired whether Mr, Durr would continue with the I Mr. Durr said he would have to do further financial analysis before He stated that costs for land acquisition and parking lot 5/6/91 83 Member Paulus asked for clarification of the status of the 44th/France Tax Increment District, recalling that no commercial businesses came forward showing interest in any redevelopment projects. whether the City should take any action to preserve the District by either acquiring a piece of property or initiating some public improvements. responded that we should not. owner coming forward with a proposal such as is now before the Council. Assistant Manager Hughes said his recollection was The Council had What was left open was the concept of a property Member Rice asked how long the District could exist if the Council took action to preserve it, whether redevelopment of the entire district should be considered and if approving the subject redevelopment would promote further projects. Assistant Manager Hughes said the District could continue for 20 years. Because of the diverse business ownerships in the area, the redevelopment would best be done in pieces rather than all at once. He said it would be difficult to know if the proposed Durr expansion would encourage further renovation or expansion in the area. Mayor Richards said he could not support the request for participation through tax increment financing for the project because a public benefit could not be identified. consider further the request for participation by the City in the cost of land acquisition/improvement by implementing tax increment funding. After further discussion, it was generally agreed by the Council to not Discussion followed on the options before the Council concerning the request for preliminary rezoning: 1) Approve or deny, 2) Continue the hearing to a date certain, or 3) Accept withdrawal of request by proponent. the rezoning request is denied, a one year waiting period would be in effect unless there was a material change in the facts. Mr. Durr stated he would like the rezoning to be considered as that would be a factor in making a decision to go ahead with the proposal without tax increment financing or to relocate. Mayor Richards suggested that the Council had a right to know whether or not Mr. Durr would go forward with the redevelopment without public assistance before going through the process of considering the rezoning of the property. have this continued so that he could investigate the financing. Planner Larsen mentioned that if Mr. Durr said he would like to Member Smith made a motion to continue the public hearing to Hay 20, 1991, on the request for preliminary rezoning from B-1 Single Welling Unit District to PCD-1 Planned Commercial District for property at 3916 - 3918 West 44th Street. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. REOUEST OF WALGBEEN'S TO INSTALL DISH ANTENNA CONTINUED TO 5/20/91: AMENDMENT TO MORATORIUM ORDINANCE TO BE DRAFTED Planner Larsen recalled that on March 4, 1991, the Council adopted Ordinance No. 144 imposing a moratorium on the installation of antennas, satellite dishes and towers within Edina. has requested permission to install a dish antenna on the roof of their new building at 4916 France Avenue South. to towers would allow Walgreen's to install a satellite dish antenna, which would be approximately six feet in diameter. Planner Larsen reported that staff is currently in the process of collecting and reviewing the antenna ordinance language of other communities to identify the various procedures and methods of regulation used to guide the construction and The developer for Walgreen's A proposed amendment restricting the moratorium only - I 84 5/6/91 location of antennas and towers. Discussion with other communities has identified a number of issues that the City should address prior to ordinance amendment. It has been indicated that the rules and engineering constraints dictating the design and location of antennas transcends political boundaries and it has been demonstrated that the location and height of antennas can impact surrounding properties to a certain degree. It has been determined that it would be possible to devise regulations that ensure aesthetics and minimize impact; however, staff is not in a position to analyze the constraints of various antenna types and supporting technology. services of a consultant who specializes in the field. rules could be reviewed and adopted to allow for the moratorium on antenna permits to be lifted in the fall of 1991. Staff therefore believes that it would be beneficial to obtain the Council can expect that new Staff does not expect the study during the moratorium to produce changes to the way we regulate dish antenna installations. antennas were adopted in 1985. amendment that would restrict the moratorium to towers only. The current standards covering dish Staff would recommend adoption of an ordinance Planner Larsen introduced Craig Christianson of Semper Holdings, the developer of Walgreen's, to speak to the request. Member Rice asked why this request was before Council when the Walgreen's development had already been approved. Planner Larsen responded that, technically, an antenna installation requires a building permit. understood the antenna was a part of the development plan, the permit was not applied for until after the moratorium was in effect. Member Paulus said she was concerned about the visual effect the rooftop antenna would have, especially on the residents in the apartments directly to the north. She also questioned why the subject of the dish antenna had not been brought up at the time the Council was considering the Walgreen's project. explained that there are two levels of review, one being the plans for the actual development which are brought to the Planning Commission/Council for approval, and, secondly, elements about the development not subject to Planning Commission/Council review but only subject to administrative review by staff. antennas, the building official would review the permit application as to location, size, anchoring, etc. Member Paulus said she was concerned that items such as these are not coming before the Council and that Council should be made aware of negative impacts like this by staff. In this case, although staff I Planner Larsen In the case of dish Craig Christianson, Semper Holdings, explained that the dish antenna would be approximately seven feet above the roof. The roof has a parapet around it and the rooftop heating/air conditioning units are approximately four feet above the roof. With the parapet in place, given the fact that the building is in a tight urban site, it is unlikely that it will be seen. antenna is necessary for inventory control, employee records and prescriptions. Member Rice said he had viewed the antenna at the Walgreen's store located at 54th/Lyndale, found it to be fairly inoffensive and would be in favor of accommodating the request of Walgreen's. Member Smith asked if architectural screening could be added to the antenna installation so that it would not have to be viewed by the residents living next door. amendment if it would apply to the Walgreen's antenna only and not be a blanket He explained that the satellite dish L Member Paulus said she would consider an 5/6/91 85 lifting of dish antennas from the moratorium and if the antenna could be screened from view of the apartment residents to the north. Member Smith made a motion to continue to Hay 20, 1991, the request of Ualgreen's to install a dish antenna on their building roof at 4916 France Avenue South, to allow the City Attorney to draft an ordinance amendment and preamble for consideration by the Council. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. REPORT PRESENTE3 ON HASSIJ!JG SURVEY RESULTS: PROPOSED ZONING ORDINANCE AHEm)mS REFERRED TO COMMIJNITP DEVELOPMENT & PLANNING COMMISSION FOR RECOHKENDATION Planner Larsen presented results of the survey of recent single family development activity. The survey results reflected opinions on nine aspects of residential development as well as responses to the question, "Should new rules be adopted to prevent aspects of the development from reoccurring?" majority of Council votes to change the rules. received two votes for a change. Of the 21 surveyed, no home generated a Two homes, on Wooddale Avenue The two most common negative reactions were to height and design relative to neighboring properties. constructed in existing one-story neighborhoods. ground elevation which was above the street or neighboring lots. which appeared too tall was taller than the 30 foot height allowed by the Zoning Ordinance. This was especially true where new two story houses were It was also true for lots with a None of the homes The two referenced home on Wooddale appeared to be aberrations from the norm. mass of one was caused by the large amount of garage space, much of which houses recreational vehicles. The other is difficult to explain but tends to be eccentric. Both homes were denied variances which would have resulted in greater building mass and lot coverage. The The physical characteristics of individual lots and existing style and mass of developed neighborhoods appeared to be the most common factor leading to a perceived problem with height. The other most frequent criticism concerned architectural design and aesthetics, e.g. introduction of a modern design into a neighborhood of traditional homes, additions not using the design/materials of a home, a two story home introduced in a one story, rambler dominated area. Planner Larsen said staff review of the survey results indicated that rule or ordinance changes are not desired or warranted. establishment of some kind of design review process. the following actions and ordinance changes: Preservation Board to all homes in the Country Club District. help the homeowner design improvements which are compatible'in design and scale to the original design of the home. 2) Amend Zoning Ordinance to require that, when living space is built in or above an accessory structure, the entire building must provide the setback required for living space. structures of 1,000 square feet. Effective control would require However, staff would recommend 1) Approve distribution of draft pamphlet, developed by the Heritage The Board proposes to 3) Establish a maximum size for the combined floor area of all accessory 86 5/6/91 4) Establish a height limit of one story and twenty feet for accessory structures. Council Comments Member Kelly - Concerning item #3 above, would suggest maximum size for floor area of accessory structures be a percentage of dwelling. recommendation on the suggested Zoning Ordinance amendments. Would like Planning Commission Member Paulus - Draft pamphlet interesting, but residents will do what they want with their property. stronger stand must be made. will not solve massing issue. If the Council desires to keep the heritage of the district a Staff recommendations on Zoning Ordinance amendments Member Smith - Negative on distr€bution of pamphlet. indicates no real motivation to anything concerning the massing issue at this time. Summary of survey results Member Rice - Some benefit in distributing pamphlet. recommendations for Zoning Ordinance amendments. Concerning item #4 above, would limit garage height to 20 feet. In favor of the three Refer for Planning Commission recommendation. Mayor Richards - Concerning pamphlet, asked for information on costs and how distributed. building on property. referring proposed Zoning Ordinance amendments to Planning Commission. Concerning item #4 above, height limitation should be tied to existing Uncertain as to support for items #2 and #3. Would support Member Smith made a motion to refer staff recommendations as presented to the Community Development and Planning Commission for reviev and recommendation. was seconded by Member Kelly. Motion Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HEARING DA!L'E OF 5/20/91 SET FOR COMPREEENSIVE PIAN - LAND USE REVISIONS Motion vas made by Member Paulus and was seconded by Member Rice setting Hay 20, 1991, as the hearing date for Comprehensive Plan - Land Use Revisions. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR JULY 4"H FIREWORKS DISPLAY vas seconded by Member Rice for award of bid for July 4th fireworks display to sole bidder, Northern Lighter Pyrotechnics, Inc., at $7,250.00. Motion vas made by Member Paulus and Motion carried on rollcall vote - five ayes. *BID AWARDED FOR DUHP TRUCK AND DUHP BOX Motion was made by Member Paulus and vas seconded by Member Rice for award of bid for one dump truck and dump box to recommended lor bidder, Iakeland Ford Truck Sales, Inc., at $40,117.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR MLL POND WEED ElARVESTING seconded by Member Rice for award of bid for Mill Pond veed harvesting to recommended low bidder, Midwest Aqua Care, at $6,979.00. Motion vas made by Member Paulus and Motion carried on rollcall vote, five ayes. *BID AWARDED FOR INSURANCE RENEWAIS FOR POLICE PROFESSIOHlu, AND PUBLIC OFPICINS LIABILI!L!Y Motion vas made by Member Paulus and was seconded by Member Rice for avard of bid for insurance renewals to sole bidder, National Casualty, for Police I 5/6/91 87 Professional at $24,753.00 and for Public Officials Liability at $11,165.00. Motion carried on rollcall vote, five ayes. 50TH & FRANCE PARKING COMMITTEE REPORT GIVEN ON PARXIFIG CONTROL AND SIGNAGE; ENFORC- AGENT APPROVED: RECO~ATIONS TO BE FIHAIJZED Hosmer Brown, Chairman of 50th & France Parking Committee, reported that, after numerous meetings, the Committee had submitted a report to the Council on parking controls and signage for the 50th & France business area, dated April 29, 1991. Police, EngineerXng and Public Works Departments for review. membership of 11 individuals of which 4 were City employees. A copy was also given to the The Committee had a The premise was if employee parking could be controlled, there would be parking available; to control employee parking there must be enforcement. while the recommendations were not unanimous, in general they represent a broad consensus of approval. 1. 2. 3. 4. 5. He noted that In summary they are as follows: Employee parking be limited to the top uncovered portions of all three ramps. Identification of employees' vehicles via stickers sold by the City, All existing surface lots to remain subject to one-hour limit. The ground floors of all ramps be increased to 90-minute parking. All other space above ground be limited to five hours. Enforcement of time limits handled by parking enforcement agent, hired by the City, authorized to give tickets, with ability to be in contact with Edina Police. Adequate and clear signage be installed in the ramps on all levels and on the streets. space on 49 1/2 St. next to the north side of what will be the middle ramp, 3) The area on France Av. just south of 49 1/2 St. Addition of handicapped parking in south ramp at pedestrian exit on the east side (near Arby's parking lot). designated by striping. 6. 7. Loading zones: 1) Both sides of 50th Street just west of France Av., 2) A 8. Pedestrian exits at all ramps clearly Mr. Brown further said that 50 more parking spaces have been acquired at a nearby church lot until construction is completed. Hopefully, that can be continued on a permanent basis after construction is finished. In conclusion, Mr. Brown said the Committee would like the Council to consider the recommendations and adopt them. In response to Member Rice, Mr. Brown said the biggest objection he had heard about the plan was whether maximum parking should be five hours, without a sticker. Engineer Hoffman then spoke to his memorandum of May 6, 1991, concerning the Committee's report, summarized as follows: Item 1: the lower south ramp would be employee parking areas. designed with separate entrance and exit from the balance of the ramp for employee or contract parking. llPortablell stickers would be difficult to manage if enforcement is desired. Items 2, 3. & 4: All time limit requests are possible with the expectation that enforcement would be sporadic unless a parking enforcement person were hired. Item 5: $20-$25,000 including benefits would be required annually to support this effort. Initial months of revised ramp operation would be monitored by Police, Engineering and 50th & France Association. If the plan is successful, an employee may not be necessary. If enforcement and other supervision is required, it can be addressed after evaluation. Assumption was that all uncovered parking and existing contract parking on Lower contract area was 1991 funding does not provide for additional employee to supervise parking. 5/6/91 88 Item 6: signing done in other Edina commercial areas. Street east of France would require approval of Hennepin County or City of Minneapolis. Item 7: Requested loading zones: (a) given using the first westbound 50th St. bay for loading and unloading until 11:OO AM daily, then revert to bus usage thereafter. MTC will not use the bays if vehicles are parked therein, resulting in MTC buses stopping on 50th St., and blocking traffic. zone. determine if it can be done safely and not interfere with traffic or parking flow on France Av. observation is that personnel who deliver stop wherever they please, put on blinkers and discharge their cargo. Item 8: three existing spaces being divided into two at twelve foot wide spaces. Staff will work with Committee on signing. Signage must be consistent with Signing on France Avenue or on 50th After consulting with MTC on bus/drop off areas, temporary approval be (b) Suggested 49 1/2 St. loading zone is not wide enough for a safe loading (c) Loading zone just south of W. 49 1/2 St. be a temporary installation to Let vehicles use it unofficially as they are presently doing. All three loading zone requests would help define loading zone areas. Staff The addition of the handicapped space in the south ramp will result in Engineer Hoffman, added that if all or some of the Committees recommendations are approved, it may be necessary to adopt resolutions and/or ordinance amendments to affect implementation. Also speaking to the recommendations in the Committee's report were: Allen Bohannon, employee of Lund's; Don and Vi Sather, Patio Village; Gail Korst, Korst Jewelers, Perry Anderson, Belleson's; and Jeff Meyer, member of 50th & France Association. After considerable discussion on the issue of "portable stickers" versus permanent stickers, it was determined that an enforcement presence would be the key to getting compliance to the parking plan. enforcement agent could be funded. i.e. 50% borne by the City and 50% borne by the 50th & France businesses. Kelly and Smith felt that the total cost should be assessed back to the 50th & France property owners, as it is done with the maintenance costs for the area. Discussion then focused on how costs for the Member Rice suggested that the cost be split, Members Member Paulus commented that she felt the business employers should assume more responsibility regarding where their employees park and suggested an ordinance amendment that would impose a penalty on the employer if an employee were ticketed for a ramp parking violation. Mr. Brown observed that the Committee did extensive research on the issue of enforcement. Southdale Center was contacted regarding their parking regulations for employees. They advised that parking regulations are written in the lease and employers are fined if there are violations; however, they admitted that their approach does not work well. Member Smith made a motion to approve the following action: 1) That a parking enforcement agent be hired by the City, with total costs assessed back to the property ouners at the 50th C France business district as recommended by staff, 2) Evaluation and reviev of costs in six months, and 3) To refer the remaining recommendations to staff and Committee Chairman to draft a definitive set of rules for parking control and signage. Motion was seconded by Member Kelly. 5/6/91 89 Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. MEMBERSHIP IN ENVIRO"TAI, CITIES COBLITION OXO) NOT APPROVED Janet Chandler, Recycling Coordinator, spoke to the report and recommendation submitted by the Recycling Committee to authorize the City to join the Environmental Cities Coalition (ECO). The Recycling Commission would recommend adoption of a resolution authorizing Edina to join the organization. If Council agrees to this action, a Council Member would need to serve as Edina's representative. Membership in ECO is limited to elected officials. Mayor Richards asked Coordinator Chandler her views on joining the organization. Coordinator Chandler said that, because the ECO group is generous with sharing information and allowing visitors to attend their meetings, she felt there was no real need to become a member. Inna Hays, Recycling Commissioner, advised that ECO has been in operation since October 1990, and is comprised of neighboring cities concerned with environmental problems and issues that they feel have not been addressed at the state or federal level. its peers to address issues which would affect Edina, as well as their cities, and eventually affect state legislatlon. ECO has no bylaws stating elected officials alone can join, but by tradition, the membership has been elected officials. Membership would present an opportunity for the City to join with a group of Member Kelly stated she felt the City of Edina is doing a good job with recycling. She mentioned that some of the Council Members already sit on boards or committees involved in waste disposal and questioned whether we would receive any more from membership in ECO than we are already getting. membership in ECO would be a duplication of effort. Member Rice commented that, while he applauded the goals of ECO and felt Edina needs information and education on environmental issues, he would concur. Member Smith said he felt that Ms. Hays said if someone were designated to go in the stead of an elected official and if the resolution is approved, the point person would have to be an elected official. The member cities apparently have found that certain things are not being addressed and they felt if they banded together in the coalition, they could come up with fact sheets and model ordinances that would be helpful and that would provide a level of consistency. Member Kelly made a motion to to charge the Edina Recycling ECO's activities and to bring the motion. Ayes: Kelly, Paulus, Rice, Motion carried. not join the Environmental Cities Coalition (ECO), but Commission and the Recycling Coordinator to monitor key issues back to Council. Member Paulus seconded Smith, Richards FEASIBILITY REPORT PRESENTED: STORM SEVW IMPROVEMENT NOS. STS-210. STS-211. STS- 213. h STS-216 APPROVED: BIDS TO BE TAKEN report on the following storm sewer projects: Engineer Hoffman presented a feasibility IMPROVEMENT LO CAT ION ESTIMATED COST STS-210 Beard Av. from one Lot North of $ 60,233.00 STS-211 Oaklawn Av. - 72nd St. to Gilford Dr. 57,720.00 W. 55th to W. 56th St. 90 5/6/91 STS-213 STS -216 Valley View Rd. - W. 66th to W. 68th St.; 309,492.00 and W. 66th St. - Valley View Rd. to Lake Cornelia Mirror Lakes Dr. - Equalizer Pipe W. to 6,825.00 E. Side Rd. 450' S. of Interlachen Blvd. Staff has reviewed the projects, found them to be feasible and consistent with the overall development plans for the City. from the stormwater utility fund. Cost of the improvements will be funded Member Smith introduced the following resolution and moved its adoption: BESOUPTION APPROVING PLANS AND SPECIFICATIONS FOB PROPOSED IHPROVKHENTS AND DIRECTING ADVERTISEMeffll FOB BIDS FOR STORM SEWER IMPEOVEMEBTS NOS. STS-210, STS-211, STS-213, STS-216 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, lU"J3SOTA: 1. The plans and specifications for the proposed improvements set forth in the folloving Advertisement for Bids form, heretofore prepared by the City Engineer, and now on file in the office of the City Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice of bids for improvements: (Official Publication) CITY OF EDIHh 4801W. 50TE STREET EDIHCL, MERJESOTA 55424 HENNEPIN COUNTY, MINT9ESOTA ADVERTISEMENT FOR BIDS UA!L'IB HAIN & STORM SEVERS CONTRACT 91-10 <ENG) IMPROVEMENT NOS. VLZ-371. STS-210. STS-211. STS-213. STS-216 BIDS CLOSE HAY 30, 1991 SEALED BIDS vi11 be received and opened in the Council Chambers in Edina City Hall, 4801 West 50th Street at 11:OO A.M., Thursday, Hay 30, 1991. The Edina City Council will meet at 7:OO P.M., Monday, June 3, 1991, to consider said bids. The follming are approximate major quantities: 3 , 544 LF 12-54" Stom Sever Pipe 660 I;F 8" DIP Sewer & Water Pipe 12 EA Std. Manholes 27 EA Std. Catch Basins 880 SY Sod 684 TONS Bituminous 786 SY 6" Concrete Pavement Bids shall be in a sealed envelope with a statement thereon shaving by the bid. Bids should be addressed to the City Engheer, City of 50th Street, Edina, Minnesota 55424, and may be mailed or submitted the vork covered Edina, 4801Uest personally to the City Engineer, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. I Work must be done as described in plans and specifications on file in the office of the City Clerk. Plans and specifications are available for a deposit of $25.00 (by check). with a bona fide bid. Said deposit to be returned upon return of the plans and specifications No bids will be considered unless sealed and accompanied by 5/6/91 I. 91 bid bond or certified check payable to the City of Edina ten (10) percent of all bids. All plans mailed, enclose payable to the City of Edina for postage and handling. in the amount of at least seDarate check for $5.00 BY ORDER OF THE EDINA CITP COUNCIL. Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *RESOLUTION ADOPTED APPROVING -PIN COUNTY COOPERATIVE CONSTRUCTION AGREMENT - COUNTY ROAD 31 (PORK AV.) AND W. 69TH ST. resolution and moved its adoption: RESOLUTION APPROVING CONSTRUCTION COOPERATIVE AGREEMENT WHEREAS, the City of Edina has prepared plans and specifications for the improvement of that portion of West 69th Street between County State Aid Highway No. 17 (France Avenue) and Xerxes Avenue vithin the City limits; and UEERlWS, said improvement includes concrete curb and gutter, concrete sidewalk, storm sever drainage, bituminous surfacing and traffic signal system revisions at the intersection of West 69th Street and CASH No. 31 (York Avenue) as well as approximately 1,250 feet of storm sewer work in the median of County State Aid Highvay No. 31 between Hazelton Road and West 69th Street, lmown as Municipal State Aid Project No. 120-159-02; and FMEReds, it is contemplated that said work shall be carried out under Construction Cooperative Agreement No. PU 42-11-91 between the County of Hennepin and the City of Edina; and said agreement has been presented to the Edina City Council; NOW, TEEREFORE, BE IT RESOLVED that the Edina City Council does hereby approve Construction Cooperative Agreement No. PU 42-11-91 (County Project No. 9114); BE IT FUR- RESOLVED that the Hayor.and Manager are hereby directed and authorized to execute Construction Cooperative Agreement No. PU 41-11-91 on behalf of the City of Edina. ADOPTED this 6th day of May, 1991. Motion for adoption of the resolution was seconded by Member Rice. Member Paulus introduced the following Resolution adopted on rollcall vote, five ayes WUIT CLAIM DEED ACCEPTED FOR LINCOLN DRIVE EXCESS RIGHT OF WAY: QUIT CLAIM DEED AUTHORIZED FOR RIGHT OF WAY ABUTTING LOT 1. BLOCK 2. INTERLACEEN H1IJ.S 3RD ADDITION Motion was made by Member Paulus and was seconded by Member Rice authorizing the following action: 1) To accept a Quit Claim Deed from Hennepin County to the City of Edina releasing excess right of way for Lincoln Drive and West Seventh Street in Section 30, Township 117, Range 21; and 2) To authorize the Mayor and Manager to execute a Quit Claim Deed from the City of Edina to the owner of Lot 1, Block 1, Interlachen Hills 3rd Addition releasing all that part of the following described parcel : The North 125.00 feet of the East 110.00 feet of the West 579.95 feet of that part of the following described tract lying South of the South line of the Plat Interlachen Hills and the Easterly extension thereof: The West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, except the East 400.1 feet thereof and except the North 555 feet as measured along the East and west lines thereof, and except the Plat of Interlachen Hills which is contained within Lot 1, Block 2, Interlachen Hills 3rd Addition, according to the plat thereof on file of record in Hennepin County, Minnesota, and vhich lies Westerly of the Westerly. line of Lincoln Drive as dedicated by 5/6/91 92 and shm on the plat of Interlachen Hills 3rd Addition. I Motion carried on rollcall vote - five ayes. -RAWAL OF RAFFLE PREMISES PEBMT ACCEPTED Motion vas made by Member Paulus and was seconded by Member Rice to acknouledge receipt of the request to withdraw the Raffle Premises Permit Application, submitted by the BIN Waterfowl Association, 5701 Normandale Boad. Motion carried on rollcall vote - five ayes. RESOLUTION RETATDIG TO ART CENTER PAY BACK TO DEVELOPERS FUND NOT APPROVED Manager Rosland recalled that when the Edina Art Center expansion was approved in 1989, Council approved funding as follows: $200,000.00 from the Developers Fund, with repayment of $50,000 from Art Center donations within five years and $50,000.00 from the Park Capital Fund. In excess of $50,000.00 has been raised by the Art Center Board, and is deposited in a separate City account at interest. for payment in 1991. interest earned on the remaining funds in the account be applied toward the operation of the Art Center, as earned. The first $10,000.00 installment is scheduled The Board has drafted a resolution recommending that all Mayor Richards commented he felt Council would be abdicating their fiscal responsibility if this were to be approved. accordance with the original agreement. Further, that this was not in Member smith made a motion to continue vith the terms of the original agreement concerning the payback of funds by the Edina Art Center. Member Rice. Motion was seconded by Ayes: Paulus, Rice, Smith, Richards Motion carried. (Member Kelly was temporarily out of the room during the vote) RESOLUTION ADOPTED ENDORSING TDM GOATS OF 1-494 CORRIDOR COMMISSION Planner Larsen reported that the 1-494 Corridor Commission is continuing to push for: 1) Physical improvements on 1-494 2) Promoting reduction in peak hour trips, 3) Carpooling and public transit, and 4) Implementing land use controls in the five cities. was received from Karen Anderson, Chair of the 1-494 Corridor Commission, giving short and long term Travel-Demand Management goals and objectives of the Commission, and requesting continued support for the effort. A promotional video was viewed summarizing the approach for ride sharing and improvements in the 1-494 Corridor being pursued by the Commission. A letter Member Kelly introduced the folloving resolution and moved its adoption: VHEaeCLs, the 1-494 Corridor Commission (JW) was established by the Cities of Edina, Bldgton, Eden Prairie, Hinnetonka, and Richfield to develop Travel Demand Management Strategies and a model ordinance for adoption by member cities; and VHEBEhS, the JPO has developed their underlying beliefs and goals for Travel Demand Management vithin the 1-494 Corridor; and UHEREAS, the JPO has presented to the CitJr Council their underlying beliefs and goals for reviev and endorsement. NOU THEBffpoBE, BE IT RESOLVED that the Citp. Council of the Ciw of Edina endorses and supports the beliefs and goals presented by the JPO regarding Travel Demand Management. RESOLlJTIOr3 5/6/91 93 Motion for adoption of the resolution was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. EDINBOROUGH VIDEO PRESEWTED Manager Rosland introduced a video on Edinborough Park, to be used as a promotional tool to generate revenue for the Park. The cost of the video has been shared by Hawthorn Suites to encourage a growth. in their business also. Manager Rosland noted that for 85 - 90 percent of the time Edinborough Park is a public park, but is closed approximately 15 percent of the time for private ventures, e.g. weddings, seminars, etc. At present, the Park is generating $80,000.00 annually from rentals on off-program evenings. revenue up to $125,000 - $150,000 per year. The goal is to raise REQUEST TO CLOSE W. 50TH STREET BETWEEN HALIFAX & FRANCE ON FRIDAY FOR EDINA ART FAIR NOT APPROVED Karen Knutson, Executive Director of the 50th & France Association, explained that the Association is requesting the Council to consider the closing of West 50th Street between Halifax Avenue and France Avenue from 12:.00 noon until 8:OO P.M. on Friday during the Edina Art Fair, in the interest of pedestrian safety. This year the request would be for Friday, June 7. She explained that these are the Art Fair's busiest hours. Member Smith made a motion to permit the closing of West 50th St., between Halifax Avenue and France Avenue on June 7, 1991, between the hours of 12:OO noon and 8:OO P.M. Member Rice seconded the motion. Chief Swanson recommended that West 50th Street not be closed to traffic on Friday, June 7, 1991, based on normal commuter rush hour traffic between 3:OO P.M. and 7 P.M. The street will be closed on Saturday and Sunday as approved by the Council on February 12, 1987, when the initial request was made. Accident statistics for the last three years in that specific area show one accident reported each month in the hours between 3:OO P.M. and 7:OO P.M. The volume of traffic on a normal workday is 18,000 vehicles per day. While it would be safer for the pedestrians/exhibitors, Chief Swanson argued that the noma1 flow of traffic would be severely inhibited. Ayes: Smith Nays: Paulus, Rice, Richards Abstaining: Kelly Motion failed. *HEBRRJG DATE OF 5/20/91 SET FOR VACATION OF UTILITY. DRAINAGE AND CONSERVATION EASB4EJW.S - CLARK'S 2ND ADDITION Motion vas made by Member Paulus and was seconded by Member Rice to adopt the following resolution: RESOLUTION CBI;LING PUBLIC HEBRING ON VACATION OF EASEMEJFTS FOR UTILITY, DRAINAGE AND CONSERVATION PURPOSES BE IT RESOLVED by the City Council of the City of Ed-, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined, after receipt of the petition of the owner of land affected thereby that the following described easements for utility, drainage and consemation purposes shall be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: One foot of the 6 foot vide utility and drainage easement adjoining the side lot lines as shown and dedicated, on Lots 1 through 13 inclusive, Block 1, CLARK'S 2ND ADDITION, according to the recorded plat thereof, described as - The north 1.00 foot of the south 6.00 feet of said Lot 1, except the west f0llOWS~ 5/6/91 94 6.00 feet and the east 10.00 feet thereof. - The south 1.00 foot of the north 6.00 feet and the north south 6.00 feet of said Lot 2, except the vest 6.00 feet thereof. - The vest 1.00 foot of the east 6.00 feet of said Lot 12, 10.00 feet gmd the south 6.00 feet thereof. - The east 1.00 foot of the vest 6.00 feet of said Lot 13, 10.00 feet and the south 6.00 feet thereof. - The vest 1.00 foot of the east 6.00 feet of said Lot 11, 6.00 feet and the south 10.00 feet thereof. - The east 1.00 foot of the vest 6.00 feet of said Lot 10, 6.00 feet and the south 10.00 feet thereof. I 1.00 foot of the and east 10.00 feet except the north except the north except the north except the north - The northvesterly 1.00 foot of the southeasterly 6.00 feet of said Lot 9, - The south 1.00 foot of the north 6.00 feet and the northvesterly 1.00 foot except the vesterly 10.00 feet and the easterly 6.00 feet thereof. of the southeasterly 6.00 feet of said Lot 3, except the vest 6.00 feet and the east and northeasterly 10.00 feet thereof. foot of the east 6.00 feet of said Lot 4, except the west and south 6.00 feet and except the northeasterly and the north 10.00 feet thereof. 6.00 feet of said Lot 5, except the south 6.00 feet and northerly 10.00 feet thereof. - The east 1-00 foot of the vest 6.00 feet and the vest and southwesterly 1.00 foot of the east and northeasterly 6.00 feet of said Lot 6, except the south 6.00 feet and the northerly 10.00 feet thereof. northeasterly 1.00 foot of the west and southvesterly 6.00 feet of said Lot 7, except east and south 6.00 feet and except the northvesterly 10.00 feet thereof. of the southvesterly 6.00 feet of said Lot 8, except the east 6.00 feet and the vesterly 10.00 feet thereof. That part of the conservation easement over, under and across Lot 5, Block 1, CIARK'S 2HD ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, lying northerly of the following described line: - Commencing at the southwest corner of said Lot 5; thence on an assumed - The southeasterly 1.00 foot of the northwesterly 6.00 feet and the vest 1.00 - The east 1-00 foot of the vest 6.00 feet and the vest 1.00 foot of the east - The southwesterly 1.00 foot of the northeasterly 6.00 feet and the east and - The south 1.00 foot of the north 6.00 feet and the northeasterly 1.00 foot bearing of North 19 degrees 08 minutes 20 seconds East, along the vest line of said Lot 5, a distance of 210.70 feet to the point of beginning; thence South 65 degrees 31minutes 16 seconds East 117.50 feet to the intersection viththe east line of said Lot 5 and said line there terminating. 2. This Council. shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on wbether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for tvo reeks, in the Edina Sun, being the officialnevspaper of the City, the first publication at least 14 days prior to the date of such hearing, in at least three (3) public conspicuous places vithin the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: NOTICE OF PUBIJC HEARING ON VACATION OF IN THE CITY OF EDIHb EASEMEIWS FOB UTILITY, DRAINAGE AND CONSERVATION PUBPOSES I3mNEPIN COUBTY, MINNESOTA 5/6/91 95 NOTICE IS BEBeBY Gm that the City Council of the City of Ed-, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 U. 50th Street on May 20, 1991, at 7:OO P.M., for the purpose of holding a public hearing on the proposed vacation of the following utility, drainage and conservation easements in CURK'S 2ND ADDITION: All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacations is in the public interest and should be made shall be heard at said time and place. vhich such proposed easement vacations affect existing easements within the area of the proposed vacations and the extent to which the vacations affect the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sever lines, or water pipes, mains and hydrants on or under the area of the proposed vacations, to continue maintaining the same or to enter upon such easement areas or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacations, shall continue. BY ORDER OF THE EDINA CITP COUNCIL. Motion carried on rollcall vote, five ayes. (Same legal description as above) The Council shall consider the extent to VACANCY NOTED ON METROPOLITAN COUNCIL IN DISTRICT #11 Mayor Richards reported that a letter had been received from the Governor's Office, announcing a vacancy in the Metropolitan Council District #11, due to the resignation of Dottie Rietow, following her appointment as State Director of the Office of Waste Management. If anyone has an interest in serving on the Council, a public meeting/ selection process will be held June 4, 1991, at 6:30 P.M., St. Louis Park City Hall. *CLAIEH PAID Motion was made by Member Paulus and was seconded by Member Rice to approve payment of the following claims as shown in detail on the Check Register dated May 6, 1991, and consisting of 41 pages: General Fund $328,615.65; C.D.B.G. $3,779.00; Communications $12,177.77; Art Center $13,754.46; Capital Fund $3,443.55; Swimming Pool Fund $6,316.11; Golf Course Fund $28,393.03; Recreation Center Fund $6,648.93; Gun Range FMd $225-89; Edinborough Park $25,758.73; Utility Fund $260,191.37; Storm Sewer Utility $2,304.59; Liquor Dispensary Fund $76,499.96; Construction Fund $59,128.15; IHP Bond Redemption #2 $12,472.26; TOTAL $839,709.45. Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:28 P.M. City Clerk