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HomeMy WebLinkAbout19920121_regularLLIlpuTES OF THE REGULAR MEETING OF THE EDIHB CITY COUNCIL HELD AT CITY HALT.. JANUARY 21, 1992 ROILCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CW SCOUT DEN 4. BOY SCOUT TROOPS 62 AND 48 WELCOMED members of Cub Scout Den 4, Boy Scout Troop 62 from St. Stephen's Church and Boy Scout Troop 48 from Calvary Lutheran Church who are working on merit badges. Mayor Richards welcomed CONSENT AGENDA I'l'EMS APPROVED Motion vas made by Member Kelly and vas seconded by Member Rice to approve and adopt the Council Consent Agenda items as presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF THE REGW MEETINGS OF DECEMBER 16. 1991. JANUARY 6. 1992 AND YEAR END MEETING OF DECEMBER 30. 1991 APPROVED Motion was made by Member Kelly and vas seconded by Member Rice to approve the Council Minutes of the Regular Meeting of December 16, 1991, and January 6, 1992, and the Year End Meeting of December 30, 1991. Motion carried on rollcall vote - five ayes. FIBST READING GRANTED FOR ORDINANCE NO. 142-A2 (TO INCREASE AHOU"l! OF THE CON'l'IN'UING BOND) the amount of the bond required under Ordinance No. 142 to bring the bonding amount closer to the current job cost value and to cover liability if a claim is made. Staff is in the process of licensing contractors for the 1992 business year and it would be advantageous to have this change incorporated at this time to coincide with the licensing process. Manager Rosland explained that staff would recommend increasing Member Smith introduced Ordinance No. 14242 for First Reading as follows: ORDINANCE NO. 142-A2 AN 0RDII"CE AHENDING ORDINANCE NO. 142 TO INCREUE THE AHOUIW OF THE C0NTI"G BOND THE CITY COUNCIL OF THE CITY OF EDINA, KIXJ!IESOTA, ORDAINS: mended to read as follovs: "Sec. 3. Bonds. Unless exempt by state law, every applicant for (i) a license registration for the carrying on within the City of the business of plumbing, vater softener installing, well drilling or building moving, or (ii) a license pursuant to Ordinance Nos. 429, Part 1 (Oil Burner Installer), 429, Part 2 (Stoker Installer), 429, Part 3 (Steam and Hot Water Heating Installer), 429, Part 4 (Warm Air Heating and Air Conditioning Installer), 429, Part 5 (Refrigeration Installer), 431, Part 4 (Gas Fitter) and 1302 (Scavenger) shall file with such application a bond that is valid and in force and effect in the penal sum of at least $5,000.00, vith a corporate surety approved by the City Manager, which bond shall be conditioned that the applicant, as to all material and equipment furnished, and as to all business carried on or allvork done, commenced or performed during the term of the license, license registration or reneval thereof shall:" passage and publication. Motion was seconded by Member Rice. Section 1. The first paragraph of Sec. 3 of Ordinance No. 142 is hereby Sec. 2. This ordinance shall be in full force and effect immediately upon 7 8 1/21/92 Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. . *BID AWARDED FOR ONE 2 1/2 YARD. FOUR-WEEEL DRIVE ARTICULBTED LOADER Motion was made by Member Kelly and was seconded by Member Rice for avard of bid for one 2 1/2 yard, four-*eel drive articulated loader to sole bidder, Ziegler, Inc., at $96,944.00. Motion carried on rollcall vote - five ayes. *AWARD OF BID CON!J!I"ED TO 02/03/92 FOR USED HYDRAULIC ARTICULATED GRADER Motion vas made by Member Kelly and was seconded by Member Rice to contirme award of bid for a used hydraulic articulated grader to February 3, 1992. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR DRTVING RANGE TRACTOR Hotion was made by Hember Kelly and was seconded by Member Rice for avard of bid for a driving range tractor to recommended low bidder, Northstar Turf, at $5,105.00 with trade. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR AQUATIC GEKL'ER CONCESSION STAND EOUIPBIEHT Motion was made by Member Kelly and vas seconded by Member Rice for award of bid for the Aqyatic Center concession stand replacement equipment to recommended lov bidder, Stan Morgan and Associates, at $6,723.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR REEL MOUER Motion vas made by Member Kelly and vas seconded by Member Rice for award of bid for a reel mover to recommended lor bidder, Cushman Motors, at $6,500.00. I Motion carried on rollcall vote - five ayes. *BID AWARDED FOR FIIXNG SYSTEK/BUILDING DEPAR"T Motion vas made by Member Kelly and was seconded by Member Rice for avard of bid for a filing system for the Building Department to Wright Line at $5,545.12 through state contract. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR VARIOUS TRAFFIC SIGN SUPPLIES Motion was made by Member Kelly and vas seconded by Member Rice for award of bid for various traffic sign supplies to Lyle Signs at $6,692.74 per Hennepin County Contract X2052AJ.-232. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR FIVE 1992 Pm;t-SIZE POLICE PURSUIT VEHICLES AND ONE 1992 MID- SIZE POLICE PURSUIT VEHICIX Member Rice for award of bid for five 1992 full-size pursuit vehicles and one 1992 mid-size pursuit vehicle to Thane Hawkins Polar Chewrolet at $76,847.00 through State and Hennepin County Purchasing Cooperatives. Motion vas made by Member Kelly and vas seconded by Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ONE 1992 FULL-SIZE POLICE PURSUIT VEHICLE Motion was made by Member Kelly and vas seconded by Member Rice for avard of bid for one 1992 full- size police pursuit vehicle to Superior Ford at $12,822.00 through State Purchasing Cooperative. Motion carried on rollcall vote - five ayes. HEPJPJEPJX COUNTY LIST 773-NC TAX FORFEITED LAND RECOMMENDATIONS CONSIDERED; RES0I;UTION ADOPTED APPROVING OUTLOT B. DEARBOJ3R ADDITION FOR PRIVAm AUCTION; ACTION ON ROBERT WSE3 PROPERTY CON!J!I"ED TO 02/03/92 Hennepin County List 773-NC of tax forfeited land located in the City. explained that property taxes have not been paid for a period of seven years on Planner Larsen presented He 1/21/52 9 the two parcels listed. the parcels for public auction to be included in a Spring 1992 public auction. The owners have the ability to pay the back taxes and any special assessments due on the property to reclaim the parcels at any time prior to auction. Parcel A (06-116-21-21-00051 - A vacant parcel of about three acres, owned by Robert Hansen and generally located north of Highway No. 62 and west of Gleason Court. the Council but none have been given final approval. should and will ultimately be developed privately, sees no benefit in public ownership and would recommend that the Council approve public auction of the property. The County has requested Council resolutions approving ', 1 A number of development proposals have been given preliminary approval by Staff believes this parcel Member Rice commented that there are substantial unpaid special assessments on the parcel and asked if the.City would recover those. land is currently zoned. public auction the City would be paid first. special assessments the City would get all of that. more than the special assessments the City would be paid what it is owed. property is still zoned R-1 as no final approval has been given for development. He also asked what the Planner Larsen explained that if the parcel is sold at If the sale price is less that the The If the amount collected is Mayor Richards asked if the City could acquire the land at no cost, hold it until the market improves and then sell it to recoup the unpaid special assessments. Attorney Gilligan opined that under state statute if the City were to acquire the property is must be for public purposes only. The City cannot be in the business of banking land for future development. Mayor Richards then asked if the City could request Hennepin County to withhold the parcel from public auction for a period of time. that about a year ago the City had asked that a certain parcel be withheld from auction for one year and the County had agreed to that. that some years ago the residents in that neighborhood had participated in the purchase of the Krahl Hill as open space. interest in participating in the purchase of the subject property. Planner Larsen recalled Mayor Richards observed He commented that they may have some Member Rice made a motion to continue action on Parcel A to the Council meeting of February 3, 1992, and to instruct staff to communicate with residents in the area to see if they are interested in participating in the purchase of the property as additional open space. Member Paulus seconded the motion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Parcel B (30-117-21-21-0162) - A 10 foot by 125 foot strip of land between a City owned ponding area and a developed single family property directly to the south. The strip was platted as an outlot of the Dearborn Addition in 1984. adjacent homeowner has been maintaining this as part of his lawn. that the strip was platted as an outlot in order to easily convey the property to this homeowner. developers have allowed it to go tax forfeit. Since the land has no public benefit, cannot be independently developed and directly relates to an adjacent property, staff would recommend private auction to the adjacent land owner. The It appears However, the conveyance did not occur and the Dearborn Addition Member Kelly introduced the following resolution and moved its adoption: FJHEaEBs, the City Council of the City of Edina has received from the County of Hemepin a list of lands in said municipality which became the property of the State of Hhnesota for non-payment of property taxes, which said list vas received on December 13, 1991, Non-Conservation List 773-BC; and WHEREAS, the parcel in said list identified as PINS No. 30-117-21-21-0162 has RESOLUTION 1/21/91 heretofore been classified by the Board of County Commissioners of Hemepin County, Minnesota, as non-conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; VHEBEBS, it has been determined by the Edina Cie Council that there are no existing or pending special assessments on said parcel; NOW, THEBEFORE, BE IT RESOLVED by the Edina City Council that the said classification is hereby approved; BE IT FUBTHEB RESOLVED by the Edina City Council that, acting pursuant to Minnesota Statute 282.01, it has determined that said parcel of land is not buildable according to the City's Zoning Ordinance and that sale of said parcel be limited to the adjacent property ovner (6600 Belmore Lane) for attachment thereto. ADOPTED this 21st day of January, 1992. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. APPOIMTMENT HADE TO C0MM"ITY HEbLTH SERVICES ADVISORY COMMITTEE Motion was made by Member Smith for consent of the Mayor's appointment of Betsy Larson to the Community Health Services Advisory Committee for a tw year term from 2/1/92 to 2/1/94, to fill an existing vacancy. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CORRESPONDEt?CE ACKNOWLEDGED FROM MASSAGE TZCEMSEE correspondence from Ronald David Edblom, 610 84th Lane Northwest, Coon Rapids, MN 55433 (holder of a massage license), asking to be placed on an upcoming Council agenda to seek a waiver on the ordinance requirements for a massage business license. ordinance requirements. inform Mr. Edblom to go through the normal process for a license. Mayor Richards referred to I Member Smith emphasized that the Council generally does not waive Mayor Richards asked staff to convey that message and to STIHHARY OF DRAFT Engineer Hoffman process for some EIS PRESENTED FOR 1-494 FROM 1-394 TO THE HIJRWSOTA RIVEB explained that Edina has been participating in the 1-494 EIS time and the EIS process is reaching the public hearing The official public hearing involving the whole corridor will be held timeframe. in April or May, 1992. to a presentation by MNDOT and a BRW consultant at the February 3, 1992, Council meeting when they would explain how this would affect Edina properties along He presented a summary of the document for review prior 1-494. Engineer Hoffman pointed out the following: 1) Construction of the project would take approximately ten years while construction work within each segment could take from one to three years. range from $541.5 to $612.0 million for Build Alternative 1 and from $582.5 to $650.1 million for Build Alternative 2. would be between $140 and $165 million. affect Edina would be at the interchanges of 1-494Dighway 100 and Highway 2) The cost estimates for the build alternatives 3) The estimated right of way costs 4) Right of way implications that would 196/I-494. Member Paulus asked that Larry Laukka be in attendance at the February 3, 1992, Council Meeting as he has represented Edina businesses in the 1-494 Corridor in the past and is an Edina resident. Member Smith inquired whether the philosophy of the project was simply to widen and lay down more pavement or was a creative solution being sought to deflect more traffic. Engineer Hoffman said high occupancy vehicle (HOV) and light rail studies have been made. Light rail has been discarded while the study showed 1/21/92 11 that a HOV land should be included in the 1-494 system. suggestions are not implemented there will be more local traffic problems in Edina, e.g. Tracy Avenue and Parkwood Knolls. Member Smith asked why the study did not include building another highway five miles south. Engineer Hoffman said the destination of the traffic using 1-494 is within the five city 1-494 corridor If some of the I area. Member Rice suggested that William Crawford, MNDOT Metro District Engineer, be asked to attend the February 3, 1992 Council Meeting also. DRAFT ORDINANCE ON SATEILITE DISHES/AIWENW& DISCUSSED: PERMIT AUTHORIZED FOR REPLACEMENT A"A AT 7600 METRO BOULEVARD Mayor Richards mentioned that at the codification work session on January 18, 1992, the Council had reviewed the draft ordinance on satellite dishes, antennas and towers and had asked for additional information relating to those types of installations. Coincidentally, a call was received from General Motors, 7600 Metro Boulevard, who felt adversely impacted by the current moratorium on issuance of permits for dishes, antennas and towers. Planner Larsen submitted the following information: 1) The typical south and southwest suburbs by ordinance limit the maximum height of towers and antennas to 60-65 feet which coincides with Edina's proposed ordinance. 2) Mesh vs. solid dishes - For residential installations mesh is cheaper to manufacture, ship and install, has less wind resistance and requires less support than a solid dish. The difference between the two types is that they operate on different bands - "C" band and "KU" band. length. The smaller dishes that send/receive and replace a phone line are the new technology (two foot by four foot) for home installations. installed in residential settings are usually round dishes-of 8, 10 or 12 feet diameter. dishes do, so that most business is for the 10 foot dish. Based on that, the proposed draft ordinance has a combination for the 12 foot ground mounted dish (15 feet total height from the ground) so it could be elevated and angled to receive the satellite signal. 10 foot diameter dish. single family home. Slides were then shown illustrating various satellite dishes and antennas that were installed in the City prior to the moratorium instituted on March 4, 1991. It was noted that staff had attempted to reach the persons who had wanted to appear before Council to give a presentation on cellular phones and satellite dishes. Staff would recommend that the Council hold a public hearing on the draft ordinance relating to dishes, antennas and towers on February 18, 1992, so that the Council could take an action before the moratorium expires. The "JW' band requires a solid dish because of wave 3) Antennas Most 8 foot dishes do not provide satisfactory reception while 10 foot The alternative would be to allow only a maximum Installations range in price from $2,400 to $4,000 for a Member Smith asked what the process would be in the case of a request to place an antenna on top of a building that had already been granted a variance on height. Planner Larsen said that the draft antenna ordinance is set up the same as the zoning and sign ordinances. antenna the matter would be heard by the Board of Appeals. decision were then appealed it would come before the Council. his concern was granting a variance for an antenna when a variance had already been given for the building height. When someone requests a variance to locate an If the Board's Member Smith said Shirley Wilson, stated she was Operations Manager for Electronic Data Systems and was representing General Motors Service Parts located at 7600 Metro Boulevard. Currently there is a solid 1.8 meter satellite dish mounted on the roof which can only be used to receive data. difficulties and it is costing them a great deal of money to continue on the public dedicated circuit as opposed to going to a satellite dish that could both receive and transmit data. relocate it approximately 70 feet closer to the perimeter of the building. General Motors is going through financial Their request is to replace the existing dish and There 1/21/92 would be no physical difference in dish size but the new dish would enable them 12 to receive and transmit. badly needed. The relocation would allow repair of the roof which is Planner Larsen clarified that what they are proposing to install would comply with all ordinance restrictions and would have the least visible impact on the area. Member Smithmaved adoption of the folloving Preamble and adoption of Ordinance No. 114-A2 as follovs vith waiver of Second Reading: PREAM0m VHEBEBS, the City Council of the City of Edina, Minnesota, on March 4, 1991, did direct the City staff to conduct studies of the applicable plans and ordinances of the City, and to give information to, and to make recommendations to, the City Council relative to the need and desirability, if any, for adopting nev or amending existing plans and ordinances of the City relating to restricting, regulating or controlling the erection, location, size and use of tovers, antennas and dish antennas vithin the City; and VHEBEBS, to allow such studies to go on and to protect the planning process and the health, safety and welfare of the citizens of the City, the City Council found it necessary and desirable to adopt, and did adopt, on March 4, 1991, Ordinance No. 114 imposing a moratorium on the issuance of any permits for the construction, erection and relocation in the City of any tover, antenna or dish antenna, as defined in Ordinance No. 812 of the City: and WHEREAS, the City Council has received a request from General'LIotors located at 7600 Metro Boulevard in the City that it be alloved to replace the existing dish antenna on the roof of such building with a similarly sized dish antenna on a different location on the roof of such building in order to accommodate necessary repairs to the roof and to upgrade the antenna to permit transmission of signals; and VBEBEBS, it vas the intent and purpose of the City Council in directing such studies by City staff and adopting Ordinance No. 114 to prevent uncontrolled proliferation of such tovers, antennas, and dish antennas, especially in or near residential areas, so as to protect the health, safety or velfare of the citizens of the City, but the City Council recognizes that General Motors vi11 suffer an undue hardship due to circumstances unique to the building located at 7600 Metro Boulevard if the moratorium is imposed on the replacement of the dish antenna on such building, and that allowing such replacement will not adversely affect the intent and purpose of the City Council in directing such studies and adopting Ordinance No. 114 if such antenna is of similar size as the existing antenna. NOW, TEEREFORE, the City Council does hereby adopt the folloving ordinance: ORDINANCE NO. 114-A2 TO ALUlU ISSUANCE OF PERMITS FOR CERTAIN ANTEWAS AN ORDINANCE AHENDING ORDINANCE NO. 114 THE CITY COUNCIL OF THE CITY OF ED=, MINNESOTA, ORDAINS: Ordinance No. 114, and the provisions of that ordinance, a permit may be applied for, and issued, pursuant to the applicable ordinances of the City, for a dish antenna to be situated on the roof located at 7600 Metro Boulevard, in the City, provided such dish antenna does not exceed six (6) feet in diameter, does not exceed a height of eight (8) feet (when measured from the roof to the highest point of the antenna). upon its adoption and publication. Motion was seconded by Member Paulus. Section 1. Permits Allowed. Notvithstanding the moratorium imposed by Sec. 2. Effective Date. This ordinance shall be in full force and effect Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. 13 PAY EQUITY REPORT TO BE SUBMITTED TO STATE Manager Rosland explained that the City is required to submit a pay equity report on January 31, 1992 to the Department of Employee Relations providing information concerning salaries and wages of City employees. Staff has been directed to complete the forms and to provide the information requested. authorize Mayor Richards to sign the completed report prior to submission to the State . Member Paul.us made a motion authorizing Mayor Richards to sign the pay equity report for submission to the Department of Employee Relations. seconded by Member Smith. Manager Rosland asked the Council to ! Motion was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *RESOLUTIONS ADOPTED FOR ASSIG"T OF SECURITIES IN LIEU OF BOND Member Kelly introduced the following resolutions and moved adoption: RESOLUTION APPROVING ASS1G"T OF SECURITIES IN LIEU OF BOND - FIRST BAJIK NATIONAL ASSOCIATION BE IT RESOLVED that the City Council of the City of Edina, Minnesota, approves the assignment by its depository, First Bank National Association, of the following securities, as good and sufficient collateral for the City of Edina Public Funds deposited in said depository: DescriDtion - Rate - Due Par Value U S Treasury 7 7/8 Note M 92 7.875 7/31/92 $ 300,000.00 U S Treasury 7 1/3 Note G 93 7.250 7/15/93 $3.460.000.00 $3,760,000.00 RESOLUTION APPROVING ASSImMwT OF SECURITIES IN LIEU OF BOND - HARQUETTE BANK MINNEAPOLIS BE IT RESOLVED that the City Council of the City of Edina, Minnesota, approves the assignment by its depository, Harquette Bank Minneapolis, of the following securities, as good and sufficient collateral for the City of Edina Public Funds deposited in said depository: Description Rate - Due Par Value Federal Home Loan Mtg. Corp 5.88 11/15/19 $ 625,000.00 Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolutions adopted. *CTAlXS PAID to approve payment of the following claims as shown in detail on the Check Register dated January 21, 1992 and consisting of 41 pages: General Fund $1,861,871.16; Communications $8,744.16; Art Center $2,113.76; Capital Fund $225.00; Swimming Pool Fund $703.93; Golf Course Fund $22,437.97; Recreation Center Fund $15,506.78; Gun Range Fund $929.38; Edinborough Park $43,162.29; Utility Fund $153,039.80; Storm Sewer Utility $246,285.77; Liquor Dispensary Fund $76,378.12; Construction Fund $49,202.63; IMP Bond Redemption #2 $279,455.00; TOTAL $2,760,055.75; and for confirmation of payment of the following claims as shown in detail on the Check Register dated December 31, 1991 and consisting of 17 pages: General Fund $148.334.44; Liquor Dispensary Fund $342,401.72; TOTAL $490,736.16. Motion was made by Member Kelly and was seconded by Member Rice Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:lO P.M. City Clerk