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HomeMy WebLinkAbout19920316_regular55 - -. HIJlUTES OF THE REGULAR HKETIHG OF THE EDIIU CITP COllNCIL EEZD AT CITY HALL MARCH 16, 1992 ROTLCALT., Answering rollcall were Members Paulus, Rice, Smith, Richards. CONSENT AGENDA ITEMS APPROVED by Member Rice to approve and presented. Rollcall: Ayes: Paulus, Rice, Smith, Motion carried. Motion vas made by Member Smith adopt the Council Consent Agenda Richards and Mayor and vas seconded items as *MlXUTES OF TEE REGULARMEETING OF MARCH 2. 1992 Motion vas made by Member Smith and vas seconded by Member Rice to approve the Council Mimltes of the regular meeting of March 2, 1992. Motion carried on rollcall vote - four ayes. PUBLIC HEARING HELD ON DRAFT EDm CITY CODE: DRAFT SECTION 815 AMENDED Affidavits of Notice were presented, approved and ordered placed on file. Mayor Richards opened the first public hearing on the draft Edina City Code by explaining that staff has spent approximately a year revising and updating the City's ordinances. draft code with the intent to hold a series of public hearings on the code to gain input from the citizens before final adoption in June, 1992. will specifically focus on certain sections of the code. Consideration will also be given to certain chapters after the sections are discussed. During the last six months the Council has been reviewing the Each hearing DRAFT SECTION 815 - INSTALLATION AND USE OF ANTENNAS (ORDINANCE NO. 812). Planner Larsen recalled that an amendment to the ordinance was heard by Council on February 18, 1992, and continued to March 16, 1992, together with an amendment to repeal the existing moratorium on construction of towers and antennas. Council's request, staff met with representatives of the amateur radio community on February 25, 1992. They are asking Council to restore the antenna/tower height restrictions similar to those contained in the existing Ordinance No. 812 e.g. 65 feet for free standing antennas and 25 feet above the peak for roof mounted antennas, as opposed to the restrictions of 50 feet for free standing and 15 feet from peak for roof mounted antennas. Present ordinance restrictions have generated few complaints since adoption in 1971. amateur radio technology has not changed and is unlikely to change in the foreseeable future. further study, staff would recommend changing the draft code (Section 815.06, Subd. A and Subd. B) to reflect current requirements for antennas and towers in the R-1 and R-2 districts. At Unlike other technologies, Eased upon the input from the amateur radio group and Planner Larsen pointed out other major changes in draft Section 815 as follows: dish antennas in R-1 and R-2 Districts are reduced to 12 feet in height from 15 feet; in commercial applications dish antennas are reduced to 18 feet in height from 26 feet. John Falker, 5716 View Lane, representing the amateur radio community, spoke to his letter dated March 9, 1992, which summarized the proposed changes in tower and antenna height restrictions as discussed in the meeting with the City Planner. Mayor Richards commented that, because houses are being built that are larger in 56 3/16/92 scale relative to size of the lot, he would support a height limitation of 65 feet or 25 feet above the structure, whichever is less. support a standard that would govern the location of antennas and dishes so that they would not adversely impact neighbors. Section 815 provides that an antenna or tower must be located closer to the principal residence than to the allowed buildable area of a principal building on any adj acent lot. Further, he would Planner Larsen responded that draft Planner Larsen also responded to issues raised previously by the Council: 1) Control of antennas added to buildings which previously received a height variance. staff would recommend that Council adopt a policy directing the Board of Appeals to consider the impact of antennas mounted on the roof of a building being considered for a height variance. 2) residential developments. when this condition exists. screening required for mechanical equipment. subject to the same screening required for garbage dumpsters. Because it is difficult to incorporate this into ordinance language, Visual impact of dish antennas on commercial properties which are adjacent to Council may want to consider screening requirements Roof mounted dishes could be subject to the same Ground mounted dishes could be Member Smith made a motion to amend draft Section 815.06, Subd. A, to read as f ollovs : vith an antenna shall exceed 65 feet in height, measured from the ground elevation at the base of the tover or antenna, rhichever is lower, to the highest point of the antenna or tower, vhichever is higher." and draft Section 815.06, Subd. B to read as follows: shall not extend higher than 25 feet above the highest point of the roof of the building or structure, provided that no tower or antenna shall exceed 65 feet in height as measured from the ground elevation at the front building line." Motion was seconded by Member Rice. "No ground mounted antenna, ground mormted tower or ground molmted tower . "Tovers and antennas mounted on or attached to a building or structure I Ayes: Paulus, Rice, Smith Nays : Richards Motion carried. Member Paulus made a motion to add language to draft Section 815.05 as follows: as a condition to a permit, that a dish antenna installed in a non-residential district be screened from residential districts located within 100 feet of the dish antenna. Subd. 2 of Subsection 850.10 of this Code." Motion was seconded by Member Smith. "Subd. 4 Screening for Dish Antennas. The Building Official may require, Such required screen- shall comply vith the requirements of James Grotz, 5513 Park Place, asked for clarification regarding screening as he is relocating and his business requires a 36 inch dish antenna. Planner Larsen explained that the antenna Mr. Grotz is planning to install is well below the nine square foot threshold of regulation and would be exempt from permit and screening. James Aufderheide, 5330 France Avenue, said that other communities reserve the right to require screening after installation and reaction by the public. Also, a mesh dish may be less obtrusive than the screening would be. Mayor Richards then called the motion. Ayes: Paulus, Rice, Smith, Richards I Motion carried. Assistant Manager Hughes then summarized Chapters 1 through 5 of the draft Edina City Code as follows: 3.116192 57 - 6. CHAPTER 1 - GENERAL CODE PROVISIONS AND ADMINISTRATION The following provisions in the existing code have been deleted: for some time.) Sections marked with an asterisk have significant changes noted: Section 135 - Establishing a Teen Recreation Board Section 170 - Establishing a State Aid Street Fund Section 100 - City Code Section 105 - Definitions Section 110 - Incorporation of State Law Section 115 - Council, Officers and Surety Bonds Section 120 - Salaries for Council Members Section 125 - Registration of Voters Section 130 - Election of Council Members (Board has not existed (No longer applies.) * Section 140 - Human Relations Commission (Has been standardized with other (Standardized) sections creating boards and commissions.) Section 145 - Recycling and Solid Waste Commission * Section 150 - Personnel Policy (Provisions dealing with State Law have been incorporated, Subsection 150.10 Sick Leave - Maximum accrued/limited to 960 hours. ) Section 155 - Disposal of Unclaimed Property Section 160 - General Licensing Procedure * Section 165 - License Registration and Bond for Building Trades (Required bond increased from $2,000 to $5,000.) Section 175 - Notice of Violation * Section 180 - Removal of Members of Boards, Commissions and Committees (Does not apply to HRA, The Edina Foundation or East Edina Housing Foundation) Section 185 - Fees and Charges Mayor Richards noted a memorandum dated March 16, 1992, from Manager Rosland in support of a recommendation that the Council not adopt a provision in Subsection 150.10 to cap sick leave at 960 hours. The recommendation would be discussed at First Reading of the Code on June 1, 1992. heard on Chapter 1. * No public comment or objection was CHAPTER 2 - PUBLIC DANCES, GAMBLING. AND AMUSEMENT DEVICES The following provisions in the existing code have been deleted: use by Zoning Ordinance.) Section 205 - Regulation of Bowling Alleys Section 210 - Go-Cart Tracks Section 225 - Theaters (Regulated as to location and (Regulated by Zoning Ordinance and building codes.) * Section.200 - Public Dances (Allowed in Planned Commercial District, Mixed Sections marked with an asterisk have significant changes noted: Development District or in a facility owned by City or School District in the Single Dwelling Unit District. personnel, if required by Council, and such personnel must be approved by Police Chief. Permit holder must arrange for security Period of permit set by Council on a case by case basis.) Section 215 - Bingo, Gambling Devices and Raffles Section 220 - Mechanical Amusement Devices No public comment or objection was heard on Chapter 2. CHAPTER 3 - ANIMALS Sections marked with an asterisk have significant changes noted: enclosure. enclosure for keeping any animal. from surrounding property lines.) livestock. Subsection 300.13, Subd. 3 prohibits the keeping of wild animals (51% of the bloodline must be a domestic breed). language regarding a barking dog. * Section 300 - Animal Control and Licensing (Revised definition of dog Enclosure cannot exceed 300 square feet in area and includes any Maintains the 20 foot setback for enclosure Subsection 300.11 prohibits the keeping of Subsection 300.16 incorporates Subsection 300.17, Subd. 5 includes new Public Comment Bob McLane, 4527 Arden Avenue, referred to his letter of March 10, 1992, which suggested that Subsection 300.14, Subd. 4, include the word "public", e.g. ,'Any animal which damages plantings or structure or micturates or defecates on public or private property or public areas shall be deemed a public nuisance". Also, that Subsection 300.17., Subd. 2, include the word "public", e.g. 'IN0 owner of a dog shall permit the dog to damage any lawn, garden or other private or public property, or to micturate or defecate on public or private property or public areas". Assistant Manager Hughes responded that the word "public" has been included in both subsections. solution to the problem caused by present violators would be to empower citizens to make a "citizen arrest" of any individual who permits a dog to defecate on public sidewalks. Mr. McLane suggested further that a possible Duncan Burns, 4523 Arden Avenue, said he agreed with Mr. McLane and commented that he walks daily and the sidewalks are a mess. John Peterson, 4239 Grimes Avenue, suggested that the draft code regulate the maximum length of a leash and that cats must also be leashed. It was the consensus of the Council that Attorney Gilligan be directed to draft language on the lodging of a coniplaint or making a citizen's arrest of the violator who permits a dog to defecate on public sidewalks. bring back information and language to be added to the draft code regarding allowed length of commercial leashes and how it would factor in with the provision that a dog cannot be picketed within 20 feet of the property line. There was no support by the Council to consider leashing of cats. Assistant Manager Hughes explained that cats would be subject to the same regulation as any other domesticated animal relative to attacking or killing wildlife or damaging plantings, structures or defecating on private property without consent of the owner. In response to Member Paulus, Chief Swanson said the Police receive few calls about cats. Further, that staff CHAPTER 4 - BUILDINGS. CONSTRUCTION AND SIGNS The following provisions in the existing code have been deleted: of Health) Sections marked with an asterisk have significant changes noted: Section 465 - Individual Water Supply (Regulated by Minnesota Department Section 400 - Construction Board of Appeals Section 405 - Landscape Plans Section 410 - Building Code (Scheduled for April 20 hearing) * Section 415 - Moving of Buildings (Insurance requirement increased substantially. comparable in type to other buildings in neighborhood being moved to.) Existing requirement was deleted that moved buildings must be * Section 420 - Excavations (Performance bond raised from $2,000 to $5,000) Section 425 - Littering in Course of Construction Work Section 430 - Regulating Installers of Oil Burners, Stokers, Steam and Hot Water Heating Systems, Gas Piping of Gas Burning Systems, Mechanical Warm Air Heating and Air Conditioning Systems, and Refrigeration Systems, Water Conditioning Systems and Plumbing Section 435 - Regulating Mechanical and Gas Piping Work Section 440 - Regulating Plumbing and Installation of Water Cooling Section 445 - Requiring Connections to Sanitary Sewer and Water Systems; Section 450 - Swimming Pools Equipment Regulating Discharges into Sanitary Sewer System * Section 455 - Public Bathrooms and Restrooms (Includes any 3/16/92 5 9 - *. bathroom/restroom located within a non residential building or within the common areas of a multiple residential building.) Section 460 - Signs (Scheduled for April 6 hearing.) * Section 470 - Dangerous and Substandard Buildings (Incorporates State Law whereby Council may order repair or removal of dangerous or substandard buildings.) Section 475 - Parking Ramps (Scheduled for April 20 hearing.) Section 480 - Exterior of Single Dwelling Unit and Double Dwelling Unit Buildings No public comment or objection was heard on Chapter 4. CHAPTER 5 - CIVIL DEFENSE AND EMERGENCIES The following provisions in the existing code have been deleted: Sections marked with an asterisk have significant changes noted: No public comment or objection was heard on Chapter 5. declared the public hearing closed. Section 500 - Air Raid Precautions Section 505 - Civil Defense Mayor Richards then REQUEST FOR CONDITIONAL USE PWMT COrJTlXUED TO APRIL 6. 1992. FOR BUILDING Affidavits of Notice were presented, approved and ordered place on file. EXPANSIONIREMODELING - EDIHd COHMIJIUITY CHURCH. 4113 VEST 54TH STREET Presentation bv Planner Planner Larsen recalled that in August, 1988, the Edina Community Lutheran Church, 4113 West 54th Street, requested and received a Conditional Use Permit to construct a new sanctuary addition and to generally remodel the church. sanctuary would have seated 210 persons compared to 197 in the existing sanctuary. with the addition and renovation. The new Following approval of the permit, the church decided not to proceed The church has now reapplied for a Conditional Use Permit for a revised and reduced in size plan for expansion and renovation of the church. be construction of a 22 x 24 foot addition to the north side of the church for relocation of church offices. would be moved to the main floor and the present fellowship hall would be converted to classrooms. Phase I1 would be construction of a 16 x 48 foot addition to the sanctuary on the east side to provide improved circulation within the building with no increase in seating capacity. Phase I would The fellowship hall (located in the lower level) The church presently maintains a setback of approximately 27 feet from West 54th Street. wall and would provide a setback of approximately 23 feet. The Zoning Ordinance requires a 50 foot minimum setback; thus a 27 foot setback variance is requested. All other existing and proposed setbacks comply with ordinance requirements. The proposed addition would extend four feet in front of the existing The existing parking is located west and south of the church with a capacity ranging from 25 .to 35 vehicles. The lot is improved with a blacktop surface but is not striped. The plan anticipates organizing and striping the lot to provide 37 spaces. largest place of assembly. The plan requests a 37 space parking variance. parking plan which would increase the total parking count to 44 spaces. plan would require substantial fill and retainage along the creek bank. The Zoning Ordinance requires one space for each three seats in the The 197 seat sanctuary would require 66 spaces. The church has submitted an alternate This The church site is 4.73 acres in size, with a majority of the site either flood plain or wetland; the useable area is relatively small. prepared plans to construct parking in the floodplain area. approval of the Minnehaha Creek Watershed District. In 1988 the church The plan received This plan was not viewed ~r . - 60 favorably by the City or neighbors along the creek. Permit instead included a proof of parking agreement obligating the church to pursue other parking solutions if a problem arose in the future. addressed modified service schedules and possible parking bays along 54th Street. Staff believes this approach remains valid. On-street parking has not presented a problem for the neighborhood and continued on-street parking seems to be preferable to disturbance of natural areas adjacent to the creek. Staff would recommend approval of the Conditional Use Permit including the requested parking space variance and building setback variance, subject to a proof of parking agreement for these reasons: 1) The project has been reduced in site from the 1988 plans, 2) Given the characteristics of the site, the plan is the best solution with minimal impact on the neighborhood and the environmental features on the site, 3) The project will be an improvement to the neighborhood. The approved Conditional Use The plan 1 The Planning Commission heard the request at its meeting of February 26,'1992, and unanimously recommended approval of the Conditional Use Permit, subject to a proof of parking agreement with the following elements if warranted: 1) Parking bays along West 54th Street, 2) Off-site parking implemented on City property, 3) Additional parking constructed behind the parsonage, 4) Rearrangement of existing parking stalls. alternative parking plan for parking within the floodplain not be considered. The Commission specifically recommended that the It was noted that written correspondence in support of the project had been received from Pastor Erik Strand, Edina Community Church; Steven B. Edwins, of Sovik Mathre Sathrum Quanbeck Architects, 205 So. Water Street, Northfield, MN; and Burton W. Grimes, 5400 Halifax Lane. Correspondence in opposition was received from Merideth/John Hale, 5504 Halifax Lane; Martinparion Donnelly, 5332 Halifax Avenue So.; Kathleen Wetherall, 5328 Halifax Avenue So.; Anne/John Crist, 5324 Halifax Avenue So.; Amy/Tom Donnelly, 5333 Halifax Avenue So.; and Teresa Forliti, 5336 Halifax Avenue So. Presentation for ProDonent Erik Strand, pastor of Edina Community Church, submitted that the congregation felt that the plan proposed in 1988 was too ambitious and not in keeping with its desire to maintain a modest size church. emphasizing that it would allow for better internal flow of the building and better utilization of space. property is being considered if the City and neighborhood concur. Public Comment Burt Grimes, 5400 Halifax Lane, said he favored the sidewalk on church property only. Ray Voss, 5716 Benton Avenue, said he was a councilmember at Edina Community Lutheran Church and referred to a letter from neighboring property owners regarding problems with church activities. issues mentioned have come to the attention of the church, that they would not intend to impinge upon the neighborhood in any way, and would follow-up on the concerns that have been raised. Jim Grotz, 5513 Park Place, asked if the building was used for day care and-also asked about the parking bays. Pastor Stand said space is rented to a nursery school which uses the facilities from 9:00 A.M. to 3:OO P.M. on weekdays. The church council will be evaluating whether this rental should continue. essentially be a widening of the street-in front of the church property to allow parallel parking. Tom McCusker, 5413 Woodcrest Avenue, said he felt the proposal accommodates the wetlands area and asked about the proposed parking on City property. the future, one of the solutions may be to improve the City property adjacent to the creek for church parking. He elaborated on the current proposal Further, a sidewalk along the front of the church He stated that none of the Planner Larsen said parking bays would I Planner Larsen explained that, if a parking problem is perceived in 3/16/92 61 - !. . Council Comment/Action In response to Mayor Richards, Planner Larsen said there is no code requirement nor a commission recommendation that sidewalks or parking bays be included in the proposal, but could be made a condition of the permit. about what triggers a proof of parking agreement, Planner Larsen said there are agreements in force with some churches now. Christ Presbyterian Church, none have been implemented. agreement would give the City the right to determine and institute any action necessary to bring non-conforming parking requirements into compliance. Hoffman explained that if a sidewalk were installed the church would be responsible for its maintenance. for parking bays and/or a sidewalk in the area. Answering Member Rice However, with the exception of A proof of parking I Engineer He added that safety would be the main reason Member Smith made a motion to grant a Conditional Use Permit to Edina Community Lutheran Church, 4113 West 54th Street, for building expansion and remodeling, subject to a Proof of Parking Agreement. Motion was seconded by Member Rice. Council discussion ensued regarding implementation of parking bays and sidewalk into the proposal at this time. Member Paulus amended the motion to continue the public hearing on a Conditional Use Permit for Edina Community Lutheran Church, 4113 West 54th Street, for building expansion and remodeling, to April 6, 1992, to allow the church to present plans for parking bays and sidewalk as a condition for issuance of the permit. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Richards Motion carried. ORDINANCE NO. 812-A3 (REGUIATIHG CONSTRUCTION AND -CE OF RADIO AND TELEVISION ANTEXWG AND SUPPORTING TOWERS) GRANTED FIRST READING the public hearing on the draft City Code, and draft Section 815 specifically, the Council considered an amendment to existing Ordinance No. 812 to incorporate language from draft Section 815 as amended. Subsequent to Member Smith offered Ordinance No. 81243 for First Reading incorporating the language contained in draft Section 815 as amended in the public hearing on the draft City Code. Motion was seconded by Member Rice. Rollcall : Ayes: Paulus, Rice, Smith Nays : Richards First Reading granted. AMENDMENT TO REP= ORDINANCE NO. 114 (MORA!CORIUH ON CONSTRUCTION OF TOWERS, ANTENNAS AND DISH -1 CONTIET[JED TO 04/06/92 continue the hearing on an amendment to repeal Ordinance No. 144 (Moratorium on Construction of Towers, Antennas and Dish Antennas) to April 6, 1992. seconded by Member Rice. Member Smith made a motion to Motion was Ayes: Paulus, Rice, Smith, Richards Motion carried. VACATIONS GRANTED FOR DRAINAGE AND UTILITP EASEMENT (LOT 1, BLOCK 2. INTERLACHEN HIUS 3RD ADDITION) AND EASEMEWJ! FOR PUBLIC PARK IAIUDS. PUBLIC OPEN SPACE, STORMWATER POND AND HOLDING AREA (OUTTBT A. ITWERIA- HIIlLS 3RD ADDITION); AGREEMEXC APPROVED FOR USE OF UTIIJTY EASEMEKC Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Engineer Engineer Hoffman advised that the developer of the Lincoln Apartments on Lincoln Drive has petitioned the City to either vacate certain public interests or grant 62 3/16/92 permission for encroachment on public easements on the Lincoln Apartments project. Staff would recommend the following actions by the Council: . A. B. C. Vacate the southerly two feet of a 35 foot utility easement above the elevation of 889.7, National Geodetic Vertical Datum of 1929. Grant execution of an agreement to permit a ventilation shaft on the utility easement. Vacate all public interest on east 20 feet of Outlot A, Interlachen Hills 3rd Addition, except to reserve drainage and utility easement rights over the east 22 feet. The first recommendation involves vacating air rights on the southerly two feet of a 35 foot utility easement running parallel to the north wall of the Lincoln Apartments north building. south of the easement but after field confirmation it was determined that the bay windows protruded over the easement area. rights be granted over this two foot area to resolve issues with the title company resulting from the encroachment. The second recommendation results from the encroachment of a ventilation shaft on the utility easement for sanitary sewer. In this case, staff would recommend not granting a vacation of the easement to allow the ventilation shaft but would recommend granting the execution of an agreement to use the utility easement. The terms of the agreement would hold the City harmless for any damage done by the City during its use of the utility easement for repair or construction work on the utility system. The north building footprint was constructed just The developer has requested that air The third recommendation involves vacating any public interest except for utility and drainage rights over the east 22 feet of Outlot A, Interlachen Hills 3rd Addition. Lincoln Apartments. intent was in 1990 when it earlier vacated all public interests but retained utility interests over the east 20 feet. This area is part of the parking lot for the south building of the During a title examination it was unclear what the City's Council Comment/Action Mayor Richards raised the issue of who would pay for the relocation and legal costs if in the future the City must relocate the public utility within the easement. Attorney Gilligan explained that language could be added to the draft agreement to include the City's right to relocate the utility and that all costs incurred would be paid by the developer. Norm Bjornnes, Lincoln Drive Partners, affirmed that the partnership would indemnify and hold the City harmless from any loss under the terms of the Agreement and would be liable for any and all costs. No public comment or objection to the proposed Council action was heard. Member Paulus introduced the following resolutions and moved adoption: BESOLuTIOlrl VACATING EASEMENT FOB DRAINAGE AND UTILITY PURPOSES IN THE CITP OF EDIALL, EKNHKPIN COlJNTY, HINNEsOTA WHEREAS, a resolution of the Ciq Council, adopted the 18th day of February, 1992, fixed a date for a public hearing on a proposedvacation of easement for drainage and utility purposes; and WHEREAS, two weeks published and posted notice of said hearing vas given and the hearing was held on the 16th day of March, 1992, at vhich time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WEEREAS, the Council has considered the extent to vhich the vacation affects existing easements vith- the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owing 3/16/92 63 - a. or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to contirme maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, TBEBEPORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the folloving described portion of the drainage and utility easement be and is hereby vacated effective as of March 16, 1992: The dedicated drainage and utility easement in and to that part of the west three hundred sixty-five (365) feet of the south two (2) feet of the north 35 feet of bt 1, Block 2, IJKCERUCHEN HIUS 3BD ADDITIOI!?, according to the plat thereof of record in Hennepin County, Minnesota, which lies above the surface of a plane at an elevation of 889.7 feet, National Geodetic Vertical Datum of 1929. I The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance vith Minnesota Statutes, Section 412.851. RESOLUTIOM APPROVING A- FOR USE OF UTILITY EASEMENT BE IT RESOLVED, by the City Council of the City of Edina, Hennepin County, Minnesota, that it hereby approves the Agreement (Use of Utility Easement) by and betveen City of Edina and Lincoln Drive Partners to allow a ventilator shaft under, on and over the easement area on Ut 1, Block 2, INTERL4CEEN HILLS 3RD ADDITIOM ; BE IT F"RTHER IUISOLVED that the Mayor and Manager are hereby authorized and directed to execute the Agreement on behalf of the City. Motion for adoption of the resolutions was seconded by Member Rice. Rollcall: Ayes: Paulus, Rice, Smith, Richards Resolutions adopted. Member Smith introduced the following resolution and moved adoption: BXSOLUTIOI!? VACATING EASEMENTS FOR PUBLIC PARK UWDS, PUBLIC OPEM SPACE AND STORM UA!CKR POND AND HOLDING AREA IN THE CITY OF EDINA, HEN"EPm COUNTY, IKUQNESOTA WHERJUS, a resolution of the City Council, adopted the 18th day of February, 1992, fixed a date for a public hearing on a proposed vacation of easements for public park lands, public open space and storm water pond and holding area purposes; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing vas held on the 16th day of March, 1992, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WEEREAS, the Council deems it to be in the best interest of the City and of the public that said easements vacation be made; and WHEREAS, the Council has considered the extent to vhich the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects 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 vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the following described easements for public park lands, public open space and storm water pond and holding area be and are hereby vacated effective as of March 16, 1992: The dedicated easements for public park lands, public open space and storm water pond and holding area in and to the easterly twenty (20) feet of 3/16/92 6.4 .- . Outlot A, INTERIACHlBl HIIU 3BD ADDITIOX according to the recorded plat thereof, which lies east of the northerly extension of the vest lines of Lots 29 through 35, Block 1, in said IXl!EEMC€iEN HlUS 3BD ADDITION, but reserving the easement for utility and drainage purposes in and to such premises granted by the Easement for Public Utilities Purposes, by and between Wallace B. Kenneth and Jean H. Kenneth and the City of Edina, Minnesota, dated May 14, 1984, and recorded as Document No. 4894325 in the office of the Cormty Recorder in and for Hennepin County, Minnesota. The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance ~5th Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Rice. Ro 1 lcall : Ayes: Paulus, Rice, Smith, Richards Resolution adopted. *BID AWARDED - S3?RAYER FOR GREENS/FAIRUAYS Motion vas made by Member Smith and vas seconded by Member Rice for award of bid for sprayer for greens/fairways to recommended low bidder, Precision Rrrf h Chemical, at $5,895.00. Motion carried on rollcall vote - four ayes. *BID AWARDED - 4TH OF JULY FIREKORKS Motion was made by Member Smith and was seconded by Member Rice for award of bid for fireworks for the 4th of July to recommended low bidder, Northern Lighter Pyrotechnics, Inc., at $7,000.00. Motion carried on rollcall vote - four ayes. *BID AWARDED - PUMP RECONDITIOXfII?G FOR vEI;I; #3 and vas seconded by Member Rice for award of bid for pump reconditioning for well #3 to recommended low bidder, Layne Minnesota, at $5,100.00. Motion was made by Member Smith Motion carried on rollcall vote - four ayes. *BID AWARDED - SKID STEER LOADER Motion was made by Member Smith and vas seconded by Member Rice for award of bid for a skid steer loader to recommended low bidder, Case Power Equipment, at $14,400.00. Motion carried on rollcall vote - four ayes. TRBPPIC SAFETY COlMJXTEE MINUTES OF MARCH 10. 1992. APPROVED briefly reviewed the discussion that occurred at the Traffic Safety Committee meeting on March 10, 1992. Engineer Hoffman Member Rice made a motion to approve the Traffic Safety Committee Hhutes of March 10, 1992, with no requests for action in Section A and to acknowledge Sections B and C of the Minutes. Motion was seconded by Member Smith. Ayes: Paulus, Rice, Smith, Richards Motion carried. *PEBSIBILI!L'Y REPORT PRESENTED: HEAEIHG DAm OF 4/6/92 SET FOR BECONSTRUCTION OF VALLEY VIEV ROAD FROM West 69TH TO CROSSTOFizo HIGHWAY Motion was made by Member Smith and vas seconded by Member Rice for adoption of the folloving resolution: RESOLUTION PROVIDING FOR PWIJC HEARING ON STBET -0- NO. BA-293, SRLEgT ILIpBovElIERT NO. BA-299 STORM SEVKB IKFROELIEAT NO. STS-219 TBAFFIC SIGNAL IMPROVEMEKC XO. TS-21 AND STREET ISWING IMPROVEMENT NO. L-36 1. the feasibility of the proposed hpromments described in the form of Notice of Hearing set forth below, and as to the estinvlted cost of such improvements, said The City Engineer, having submitted to the Council a prelj-, report as to 3/16/92 65 - '.. .. report is hereby approved andvdirected to be placed on file in the office of City Clerk. 2. This Council shall meet on Monday, April 6, 1992, at 7:OO P.M. in the Edina City Hall, to consider in public hearing the viers of all persons interested in said improvements. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive reeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) CITY OF EDIW 4801 VEST 50TH STBET EDIW, HN 55424 NOTICE OF PUBLIC EEARIlUG VALWY VIEW ROAD FROM WEST 69TH STREET AND FRANCE AVENUE TO CROSSTOWN HIGEWAY PEHUNENT STREET SURFACING, CURB & GU!CTER, STORM SEVEB AND SIDEWALK IHPROVKMENT NO. BA-293 - S.A.P. 120-150-05 W. 66TH STREET FROM FRANCE AVENUE TO SOUTHDATX LANE PEWANENT STREET SURFACING, CURB & GU'JTER, AND SIDEWALK IWXOe NO. BA-299 - S.A.P. 120-144-06 STORM SESIKB IMPROVEMENT NO. STS-219 VALIZY VIEW ROAD & U. 66TH STREET TRAFFIC SIGNAL -0- NO. TS-21 - S.A.P. 120-150-06 STREET LIGHTING NO. L-36 - S.A.P. 120-150-07 The Edina City Council will meet at the Edina City Hall, on Monday, April 6, 1992, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. approximate cost of said improvements is estimated by the City as set forth below: The moI7EMEm! NO. S.A.P. NO. ESTIMATED COST BA-293 120-150-05 $ 1,240,795.79 BA-299 120-144-06 262,715.79 264,003.44 TS-21 120-150-06 91,560.00 L-36 120-150-07 113.534.40 $ 1,973,409.42 STS-219 TOTAL VALLEY VIEU/66TH STBEET PROJECT The area proposed to be assessed for a portion of the cost of the proposed improvement includes: Unplatted Parcel (Cornelia Park Pool), Ut 1, Blk. 2, Southdale Office Park Second Addn.; Meets & Bounds Description Southdale Office Center Unplatted, Commencing at NE corner of SE 1/4 thence South to NE Corner of South Office Park 1st Addn., thence Westerly along Northerly line of said Addn. to its intersection with the centerline of Valley Vier Road, thence Hortherly along said centerline to North line of SE 1/4, Thence Easterly to Beginning Except Roads; Lots 1 thru 10, Blk. 3, Southdale First Addn.; Lots 1 thra 13, Blk. 4, Southdale First Addn.; Lot 1, Blk. 1 South Office Park First Addn.; Tract A, RIS No. 1365; and Apartment Ownership #79 - Point of France Condominiums. Apartment Ownership #79 (Unit 102 thru 1210 and Penthouse 1 thru Penthouse 12). All units contained within These properties are proposed to be assessed at an estimated cost per front foot 3/16/92 .. at $40.00 for commercial, $30.00 for multiple family and $20.00 for single 66 family. Marcella M. Daehn, City Clerk Motion carried on rollcall vote - four ayes. *RESOLUTIONS ADOPTED - NO PARKING ANY TIIE - FOR VALIXY VIEW ROAD IMPROVEMENT PROJECT Motion was made by Member Smith and was seconded by Member Rice for adoption of the following resolutions: RESOLUTION RELATING TO BO PARKING RESTBICTION ON S.A.P. 120-144-06 from France Avexme to Southdale Road in the City of Edina, Minnesota. THIS RESOLUTION, passed this 16th day of Harch, 1992, by the City of Edina, in Hennepin County, Mhnesota. called the "City", UI'RlESSETH: WHEREAS, the City has planned the improvement of HSAS 144 (West 66th Street) from France Avenue to Southdale Road. VHEREBS, the City, will be expending Municipal State Aid Funds on the improvement of this street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and appraval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, IT IS TEEREBY RESOLVED: That the CitJr shall ban the parking of motor vehicles on both sides of MSAS 144 (W. 66th Street) at all times. Dated this 16th day of March, 1992. The Municipal corporation shall hereinafter be RESOLUTION RELATING TO NO PARKING RESTRICTION ON S.A.P. 120-150-05 from U. 70th France Avenue to U. 65thStreet in the City of Edina, Minnesota. I THIS RESOLUTION, passed this 16th day of mch, 1992, by the City of Edina, in Hennepin County, Minnesota. The Municipal corporation shall hereinafter be called the "City", UIT'LWSSETH: WHEREAS, the City has planned the improvement of =AS 150 (Valley View Road) from W. 70th Street to U. 65th Street. WHEREAS, the City will be expending Municipal State Aid Funds on the improvement of this street, and QEERlUS, this improvement does not provide adequate vidth for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEaEFORE, IT IS THEREBY RESOLVED: That the City shall ban the parking of motor vehicles on both sides of ISAS 150 (Valley Viev Road) at all times. Dated this 16th day of March, 1992. RESOUPTIOH REIATING TO NO P-G RESTRICTION OH in the City of Edina, Minnesota. S.A.P. 120-159-03 From France Amme to Valley View Road THIS RESOLUTION, passed this 16th day of Harch, 1992, by the City of Edina, in Hennepin County, Minnesota. The Hmicipal corporation shall hereinafter be called the "City", UI'RlESSETH: VHWEBS, the City has planned the inprovement of HSAS 159 (U. 69th Street) from France Avenue to Valley View Road. VHEREBS, the City rill be expending Municipal State Aid Ftmds on the improvement of this street, and WHEREAS, this improvement does not provide adequate vidth for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking I 3/16/92 67 - *. restrictions. NOW, THEREFORE, IT IS THEBEBY RESOLVED: That the City shall ban the parking of motor vehicles on both sides of MSAS 159 (W. 69th Street) at all times. Dated this 16th day of March, 1992. Motion carried on rollcall vote - four ayes. Jr3.2 BEER LICENSE REHEWIS APPROVED seconded by Member Rice for approval of 3.2 beer license renewals for the following establishments: On-sale - Braemar Golf Course, Braemar Golf Dome, Correlli's Pizza & Pasta, Daytons Food Service, Edina American Legion Post, Empress Restaurant, Good Earth Restaurant, Jerry's Foods, Two Guys From Italy, Hawthorn Suites Hotel, Original Pancake House, Pantry Restaurant, Q Cumbers, Rossini's, Szechuan Star Restaurant, T J's Family Restaurant, The Lotus 111, Tour de France, Ciatti's Italian Restaurant, Pizzeria Uno; Off-sale - Jerry's Foods, Edina Superette, Country Store, Holiday Stations, Inc., SuperAmerica Station. Motion vas made by Member Smith and was Motion carried on rollcall vote - four ayes. WN-SALE WINE LICFBISE BENEWAIS APPROVED seconded by Member Rice for approval of on-sale wine license renewals for the following restaurants: The Pantry, Original Pancake House/Hy Pie, Szechuan Star, Tour de France, Q Cumbers, Two Guys From Italy, Ibssini's, Ciatti's, Pizzeria Uno, Hawthorn Room- Hawthorn Suites. Motion vas made by Member Smith and was Dayton's Boundary Waters, The Empress, The Good Earth, Motion carried on rollcall vote - four ayes. REVISIONS DISCUSSED TO DRAFT CODE SECTION 460 - SIGNS Planner Larsen recalled that at the meeting of February 18, 1992, Council requested staff to do further research into the issues of lighting intensity or brightness and to also prepare a new recommendation for temporary real estate signs. research as follows and presented slides of existing temporary real estate signs: He reported on the Current Requirements for TemDorary Real Estate Signs; For non-residential and residential projects involving 10 units or more the following restrictions apply: New Construction: Existing Buildings: Permitted size: 100 square feet 32 sq ft (non-res), 6 sq ft (res) Number Permitted: One per street frontage One per street frontage Duration: Until 80% sold or Must be removed within 7 days of leased sale or lease Permit Required: No No Prooosed Change for New and Existing Buildinas Maximum size: 16 sq ft (non-res), 6 sq ft (res) Number permitted: One per building Duration: Six months per year Permit required: Yes Opt ion : Increase the maximum sign area by 20% if the building owner incorporates leasing information into the permanent sign. Discussion followed on sign requirements for leasing information versus FOR SALE information. information be made a part of the permanent building sign. Attorney Gilligan opined that the City could require that leasing It was the consensus of the Council to approve the proposed changes for new and existing buildings as to maximum size and number permitted. SALE signs be permitted until the building is sold (title transferred). As to duration, FOR Leasing 68 3/16/92 information permitted only as part of the permanent monument sign, with sign material to be compatible with the building. Planner Larsen presented the following options relating to sign illumination: feet of a residential district after 1O:OO P.M. or when the business is closed. a residential district from 10 feet to 15 feet from the public right of way. 1) 2) Require businesses to turn off any illuminated sign located within 200 Increase the required setback for illuminated signs within 200 feet of Staff has consulted other cities, the Minnesota Sign Association, textbooks on lighting and illumination and local sign manufacturers and found the following: No city was found that regulates the intensity or brightness of light sources for signs. No standard was found by which to define the intensity of light given off by an illuminated sign. Although light sources, bulbs, etc. are rated, the variable factors of sign color, material, and age and type of light source make establishing a standard difficult. From an administrative standpoint, the recommended options appear to be the most viable means to reduce the impact of lighted signs. 1) 2) It was the consensus of the Council to include only the first option, that businesses turn off any illuminated sign located within 200 feet of a residential district after 1O:OO P.M. or when the business is closed, in draft Code Section 460. ELECTION PRECINCT BOUNDARIES APPROVED Clerk Daehn recalled that at the meeting of March 2, 1992, Council gave preliminary review to proposed election precinct boundaries and was informed that final approval of the boundaries would be delayed until the U.S. Supreme Court renders a decision as to whether the Federal Court Plan or State Court Plan would control. on Wednesday, March 11, 1992, supporting the State Court Plan for Minnesota's Legislative Districts, but declined to rule against the Federal Court Plan for Congressional Districts; the full Court is expected to follow his lead. This would mean that most of Edina would remain in the 3rd Congressional District. However, all of Precinct No. 4 and a portion of Precinct No. 3 would be in the 5th Congressional District. Justice Blackmun issued a ruling As a result, the election precinct boundaries as proposed at the Council Meeting of March 2, 1991, remain unchanged except for an adjustment to add the census blocks from Precinct No. 3 to Precinct No. 4 that would be in the 5th Congressional District. election precinct boundaries is March 30, 1992. The deadline for City redistricting and designating Member Rice introduced the following resolution and wed its adoption, subject to a reverse ruling by the U.S. Supreme Court: WHEIWS, pursuant to Minnesota Statute 204B.14 the governing body of each municipality shall establish the boundaries of the election precincts in the municipality; WHEREAS, precinct boundaries must be reestablished vithin 60 days of the time when the legislature has been redistricted or at least 19 reeks before the state primary in a year ending in tuo, whichever canes first: BE IT RESOLVED by the City Council of Ed-, LIirmesota, that it hereby establishes boundaries for each precinct as illustrated 09 the map presented at the regular meeting of March 16, 1992, and defined as follows: Precinct No. IA - Commencing at the intersection of the northern and westerly boundaries of the city of Edina; then southerly along the western boundary of the city of Edina to the southwest corner of Section 30, Township 117, Range 21; then easterly along the south line of Section 30, Township 117, RESOUPTION APPROVING ELECTION PRECINCT BOUNDARIES I 3/16/92 69 +. Range 21 to Parkwood Road; then northerly, easterly and southerly along the centerline of Parkwood Road to the south line of Section 30, Township 117, Range 21; then easterly along the south line of Section 30, Township 117, Range 21 to Blake Road; then northerly, northwesterly and northerly along the centerline of Blake Road to the northern boundary of the city of Edina; then westerly along the northern boundary of the city of Edina to point of beginning. Precinct No. 1B - Commencing at the northwest corner of Section 31, Township 117, Range 21; then southerly along the western boundary of the city of Edina to State Highway 62; then easterly along the centerline of State Highway 62 to Gleason Road; then northerly along the centerline of Gleason Road to Vernon Avenue; then northeasterly along the centerline of Vernon Avenue to Blake Road; then northerly along the centerline of Blake Road to the northeast corner of Section 31, Township 117, Range 21; then westerly along the north line of said Section 31, Township 117, Range 21 to Parkwood Road; then northwesterly, westerly and southerly along the centerline of Parkwood Road to the north line of Section 31, Township 117, Range 21; then westerly along the north line of Section 31, Township 117, Range 21 to point of beginning. Precinct No. 2 - Commencing at the intersection of the northern boundary of the city of Edina and the north-south NSP power line (northwest corner of Section 28, Township 117, Range 21); then southerly along the centerline of the north- south NSP power line to Vernon Avenue (County Road 158); then northeasterly along the centerline of Vernon Avenue to Eden Avenue; then northeasterly along the centerline of Eden Avenue to State Highway 100, then northerly along the centerline of State Highway 100 to the northern boundary of the city of Edina; then westerly along the northern boundary of the city of Edina to point of beginning. Precinct No. 3 - Commencing at the intersection of West 50th Street and Arden Avenue; then northerly along the centerline of Arden Avenue to Sunnyside Road; then westerly along the centerline of Sunnyside Road to Wooddale Avenue; then northerly along the centerline of Wooddale Avenue to the northern boundary of the city of Edina; then southwesterly and westerly along the northern boundary of the city of Edina to State Highway 100; then southerly along the centerline of State Highway 100 to the south line of the Edina Country Club (the south line of Section 18, Township 28, Range 24); then easterly along the south line of the Edina Country Club to West 54th Street; then easterly along the centerline of West 54th Street to France Avenue; then northerly along the centerline of France Avenue to West 52nd Street; then westerly along the centerline of West 52nd Street and its extension to Minnehaha Creek; then northerly along the centerline of Minnehaha Creek to Wooddale Lane extended easterly; then westerly along the centerline of Wooddale Lane to Wooddale Avenue; then northerly along the- centerline of Wooddale Avenue to West 50th Street; then easterly along the centerline of West 50th Street to point of beginning. Road 17) and West 40th Street; then westerly along the northern boundary of the city of Edina to the western boundary of the city of Edina at Natchez Avenue; then southerly, westerly, southerly and westerly along the western boundary of the city of Edina to Wooddale Avenue; then southerly along the centerline of Wooddale Avenue to Sunnyside Road to Arden Avenue; then southerly along the centerline of Arden Avenue to West 50th Street; then westerly along the centerline of West 50th Street to Wooddale Avenue; then southerly along the centerline of Wooddale Avenue to Wooddale Lane; then easterly along the centerline of Wooddale Lane and its. extension to Minnehaha Creek; then southerly, along the centerline of Minnehaha Creek to West 52nd Street extended westerly; then easterly along the centerline of West 52nd Street to France Avenue; then northerly along the centerline of France Avenue to point of beginning. Precinct No. 5 - Commencing at the intersection of Blake Road and the northern boundary of the city of Edina, then southerly, southeasterly and southerly along the centerline of Blake Road to Vernon Avenue (County Road 158); Precinct No. 4 - Commencing at the intersection of France Avenue (County Sunnyside Road; then easterly along the centerline of 70 3/16/92 then northeasterly along the centerline of Vernon Avenue to the north-south NSP power line (west line of Section 33, Township 117, Range 21); then northerly along the centerline of the north-south NSP power line to the northern boundary of the city of Edina; then westerly along the northern boundary of the city of Edina to point of beginning. lS8) and Gleason Road; then southerly along the centerline of Gleason Road to State Highway 62; then easterly along the centerline of State Highway 62 to the Minneapolis, Northfield and Southern Railroad; then northerly along the centerline of the Minneapolis, Northfield and Southern Railroad to Hansen Road; then northerly along the centerline of Hansen Road to Vernon Avenue; then southwesterly along the centerline of Vernon Avenue to point of beginning. Road 158) and Hansen Road; then southerly along the centerline of Hansen Road to the Minneapolis, Northfield and Southern Railroad; then southerly along the centerline of the Minneapoiis, Northfield and Southern Railroad to State Highway 62; then easterly along the centerline of State Highway 62 to State Highway 100; then northerly along the centerline of State Highway 100 to Eden Avenue; then southwesterly along the centerline of Eden Avenue to Vernon Avenue; then southwesterly along the centerline of Vernon Avenue to point of beginning. Precinct No. 8 - Commencing at the intersection of France Avenue (County Road 17) and West 54th Street; then westerly along the centerline of West 54th Street and its extension to State Highway 100 (the south line of the Edina Country Club); then southerly along the centerline of State Highway 100 to the western extension of Southview Lane; then easterly along the centerline of Southview Lane to Concord Avenue; then southerly along the centerline of Concord Avenue to West 59th Street; then easterly along the centerline of West 59th Street to Brookview Avenue; then northerly along the centerline of Brookview Avenue to West 58th Street; then easterly along the centerline of West 58th Street to France Avenue; then northerly along the centerline of France Avenue to point of beginning. Precinct No. 9 - Commencing at the intersection of France Avenue and West 58th Street; then southerly along the centerline of France Avenue to State Highway 62; then westerly and northwesterly along the centerline of State Highway 62 to State Highway 100; then northerly along the centerline of State Highway 100 to the western extension of Southview Lane; then easterly along the centerline of Southview Lane to Concord Avenue; then southerly along the centerline of Concord Avenue to West 59th Street; then easterly along the centerline of West 59th Street to Brookview Avenue; then northerly along the centerline of Brookview Avenue to West 58th Street; then easterly along the centerline of West 58th Street to point of beginning. Precinct No. 10 - Commencing at the intersection of the western boundary of the city of Edina and the State Highway 62; then southerly along the western boundary of the city of Edina to Valley View Road; then easterly along the centerline of Valley View Road to the frontage road east of State Highway 169; then southerly along the centerline of the frontage road east of State Highway 169 to Ikola Way; then easterly along the centerline of Ikola Way to Braemar Boulevard; then northerly along the centerline of Braemar Boulevard to Valley View Road; then northeasterly and easterly along the centerline of Valley View Road to Antrim Road; then southerly along the centerline of Antrim Road to West 70th Street; then easterly along the centerline of West 70th Street to Tracy Avenue; then northerly along the centerline of Tracy Avenue to West 66th Street; then westerly along the centerline of West 66th Street to Tracy Avenue; then northerly along the centerline of Tracy Avenue to State Highway 62; then westerly along the centerline of State Highway 62 to point of beginning. Highway 62; then southerly along the centerline of Tracy Avenue to West 66th Street; then easterly along the centerline of West 66th Street to Tracy Avenue; Precinct No. 6 - Commencing at the intersection Vernon Avenue (County Road Precinct No. 7 - Commencing at the intersection of Vernon Avenue (County Precinct No. 11 - Commencing at the intersection of Tracy Avenue and State 3/16/92 71 e . then southerly along the centerline of Tracy Avenue to West 70th Street; then easterly along the centerline of West 70th Street to State Highway 100; then northerly along the centerline of State Highway 100 to State Highway 62; then westerly along the centerline of State Highway 62 to point of beginning. West 66th Street; then southerly along the centerline of State Highway 100 to the westerly extension of Hibiscus Avenue; then easterly along the centerline of Hibiscus Avenue to West Shore Drive; then southerly along the centerline of West Shore Drive to Sedum Lane; then easterly along the centerline of Sedum Lane to Kellogg Avenue; then northerly along the centerline of Kellogg Avenue to Gilford Drive; then easterly along the centerline of Gilford Drive to Oaklawn Avenue; then northerly along the centerline of Oaklawn Avenue to West 72nd Street; then easterly along the centerline of West 72nd Street to France Avenue (County Road 17); then northerly along the centerline of France Avenue to West 70th Street; then westerly along the centerline of West 70th Street to Cornelia Drive; then northerly along the centerline of Cornelia Drive to Dunberry Lane; then westerly along the centerline of Dunberry Lane to Wooddale Avenue; then northerly along the centerline of Wooddale Avenue to Laguna Drive; then westerly along the centerline of Laguna Drive to West Shore Drive; then northerly along the centerline of West Shore Drive to West 66th Street; then westerly along the centerline of West 66th Street to point of beginning. Road 17) and West 72th Street; then southerly along the centerline of France Avenue to the southern boundary of the city of Edina; then westerly along the southern boundary of the city of Edina to State Highway 100; then northerly along the centerline of State Highway 100 to the western extension of Hibiscus Avenue; then easterly along the centerline of Hibiscus Avenue to West Shore Drive; then southerly along the centerline of West Shore Drive to Sedum Lane; then easterly along the centerline of Sedum Lane to Kellogg Avenue; then northerly along the centerline of Kellogg Avenue to Gilford Drive; then easterly along the centerline of Gilford Drive to Oaklawn Avenue; then northerly along the centerline of Oaklawn Avenue to West 72nd Street; then easterly along the centerline of West 72nd Street to point of beginning. Precinct No. 14 - Commencing at the intersection of West 54th Street and France Avenue (County Road 17); then southerly along the centerline of France Avenue to State Highway 62; then northeasterly and easterly along State Highway 62 to Xerxes Avenue; then northerly along the centerline of Xerxes Avenue to West .54th Street; then westerly along the centerline of West 54th Street to point of beginning. the western boundary of the city of Edina; then easterly along the centerline of Valley View Road to the frontage road east of State Highway 169; then southerly along the centerline of the frontage road east of State Highway 169 to Ikola Way; then easterly along the centerline of Ikola Way to Braemar Boulevard; then northerly along the centerline of Braemar Boulevard to Valley View Road; then northeasterly and easterly along the centerline of Valley View Road to Antrim Road; then southerly along the centerline of Antrim Road toWest 70th Street; then westerly along the centerline of West 70th Street to Dublin Road; then southerly along the centerline of Dublin Road to Kerry Road; then westerly along the centerline of Kerry Road to Down Road; then southerly along the centerline of Down Road to Lee Valley Road; then southeasterly along the centerline of Lee Valley Road to Shannon Drive; then southerly along the centerline of Shannon Drive to Dewey Hill Road; then easterly along the centerline of Dewey Hill Road to Cahill Road; then southerly along the centerline of Cahill Road to West 78th Street; then southeasterly along the centerline of West 78th Street to the southern boundary of the city of Edina; then westerly along the southern boundary of the city of Edina to the western boundary of the city of Edina; then northerly along the western boundary of the city of Edina to point of beginning. Precinct No. 16 - Commencing at the intersection of Xerxes Avenue and State Precinct No. 12 - Commencing at the intersection of State Highway 100 and Precinct No. 13 - Commencing at the intersection of France Avenue (County Precinct No. 15 - Commencing at the intersection of Valley View Road and 72 3/16/92 Highway 62; then southerly along the centerline of Street; then westerly along the centerline of West Xerxes Avenue to West 70th 70th Street to Cornelia Drive then northerly along- the centerline of Cornelia Drive to Dunberry Lane; then westerly along the centerline of Dunberry Lane to Wooddale Avenue; then northerly along the centerline of Wooddale Avenue to Laguna Drive; then westerly along the centerline of Laguna Drive to West Shore Drive; then northerly along the centerline of West Shore Drive to West 66th Street; then westerly along the centerline of West 66th Street to State Highway 100; then northerly along the centerline of State Highway 100 to State Highway 62; then easterly along the centerline of State Highway 62 to point of beginning. Road 17) and West 70th Street; then southerly along the centerline of France Avenue to Gallagher Drive; then easterly along the centerline of Gallagher Drive and its extension to the eastern boundary of the city of Edina; then northerly along the eastern boundary of the city of Edina to West 70th Street; then westerly along the centerline of West 70th Street to point of beginning. Road 17) and Gallagher Drive; then easterly along the centerline of Gallagher Drive and its extension to the eastern boundary of the city of Edina; then southerly along eastern boundary of the city of Edina to the southern boundary of the city of Edina; then westerly along the southern boundary of the city of Edina to France Avenue; then northerly along the centerline of France Avenue to point of beginning. Precinct No. 19 - Commencing at the intersection of State Highway 100 and West 70th Street; then southerly along the centerline of State Highway 100 to the southern boundary of the city of Edina; then westerly along the southern boundary of the city of Edina to West 78th Street; then northwesterly along the centerline of West 78th Street to Cahill Road; then northerly along the centerline of Cahill Road to Dewey Hill Road; then westerly along the centerline of Dewey Hill Road to Shannon Drive; then northerly along the centerline of Shannon Drive to Lee Valley Road; then northwesterly along the centerline of Lee Valley Road to Down Road; then northerly along the centerline of Down Road to Kerry Road; then easterly along the centerline of Kerry Road to Dublin Road; then northerly along the centerline of Dublin Road to West 70th Street; then easterly along the centerline of West 70th Street to point of beginning. Motion was seconded by Hember Paulus. Precinct No. 17 - Commencing at the intersection of France Avenue (County Precinct No. 18 - Commencing at the intersection of France Avenue (County Ayes: Paulus, Rice, Smith, Richards Resolution adopted. Discussion followed on how voters would be notified of the changes in precinct boundaries. in precinct number. notify by postcard those voters affected by precinct boundary changes. *3.2 BEER LICENSE APPROVED FOR VIE DE FRANCE RESTAURANT Motion vas made by Member Smith and was seconded by Member Rice to approve issuance of a 3.2 beer license to Vie De France Restaurant located in the Galleria. Clerk Daehn advised that the State would inform voters of a change It was the consensus of the Council that the City should Motion carried on rollcall vote - four ayes. NO ACTION TAKEN ON REOUEST FOR AR!ENRA INSTALTATION (RACOTEK - 7401METRO BOULEVARD) Mayor Richards referred to a memorandum dated March 16, 1992, in which Planner Larsen informed Council that Racotek Corporation is in the process of moving their business from Burnsville to 7401 Metro Boulevard in Edina. business requires a roof-mounted antenna system. the antenna installation which complies with both the existing ordinance requirements and the new draft code. and of the public hearing this date on the draft code. Their Plans have been submitted for I Staff has advised them of the moratorium Jim Flaherty, Comptroller for Racotek, stated that they plan to move into their new quarters on April 1, 1992. Because the Council has continued the hearing to 3/16/92 73 - *. repeal the.moratorium they request the Council to consider a waiver to the moratorium ordinance that would allow installation of the antenna. that Racotek develops, markets and supports mobile data networking products and provides voice and data transmission services. 800 or 900 megahertz radio infrastructures and the main use for the antenna would be for testing products which is vital to their business. He explained It transmits invoice data over I Following discussion, it was the consensus of the Council to take no action on the request at this time because of the pending hearing on April 6, 1992 to consider repealing the moratorium. *PETITION FOR CURB AND GUTTER AT 7120 VEST SHORE DRIVE AND 4520 DUNHAM DRIVE REFERRED TO ENGI"G DEPAR"T Motion was made by Member Smith and vas seconded by Member Rice to refer the petition for curb and gutter only at 7120 West Shore Drive and 4520 Dunham Drive to the Engineering Department for processing. Motion carried on rollcall vote - four ayes. *CLAIMS PAID Motion was made by Member Smith and vas seconded by Member Rice to approve payment of the folloving claims as shown in detail on the Check Register dated March 16, 1992, and consisting of 29 pages: General Fund $324,771.89; Communications $5,763.90; Art Center $3,227.49; Capital Fund $26,724.69; Swimming Pool Fund $1,485.33; Golf Course Fund $24,253.22; Recreation Center Fund $8,892.17; Gun Binge Fund $416.44; Edinborough Park $21,700.58; Utility Fund $33,641.25; Storm Sewer Utility $4,768.27; Liquor Dispensary $70,115.36; Construction Fund $60,805.37; TOT& $586,565.96; and for confirmation of payment of the following claims as shown in detail on the Check Register dated February 29, 1992, and consisting of 13 pages: General Fund $211,621.35; Swimming Pool Fund $20,900.00; Liquor Dispensary Fund $204,188.24; TOTAL $436,709.59. Motion carried on rollcall vote - four ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:05 P.M. City Clerk