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OF THE BEGmdB MEE!UNG OF THE
APRIL 6, 1992
EDINA CITP COUNCIL EELD AT CITY HALT,
ROILCAIZ Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
EMPLOYEE RECOGNITION - NEIL JAHR Manager Rosland introduced Neil Jahr and
commented that he is retiring after ten years as an employee of the Edina Liquor
Stores, having worked at both the 50th Street and York Avenue stores.
those years he always arrived for work on time and never called in sick.
Jahr knows many customers by first name and enjoyed keeping the stores neat.
.*' in the commendation and wished him well in retirement.
During
Mr.
He
.-was presented with a pen bearing the Edina Logo. Members of the Council joined
CONS= AGENDA JTKKS APPROVED Motion vas made by Member Rice and was seconded by
Member Smith to approve and adopt the Council Consent Agenda items as presented.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*MINUTES OF REGuIdB LIEETING OF MARCH 16. 1992 APPROVED Motion vas made by Member
Rice and vas seconded by Member Smith to approve the rirmtes of the regular
meeting of March 16, 1992.
Motion carried on rollcall vote - four ayes.
PUBLIC BEARING HELD OH Dm EDINA CITY CODE: DRAFT SEGTIONS 215 AND 460 RevIEvEI)
Affidavits of Notice were presented, approved and ordered placed on file.
Mayor Richards opened the second public hearing on the draft Edina City Code by
explaining that during the last six months the Council has been reviewing the
draft code with the intent to hold a series of public hearings to gain input from
the citizens before final adoption in June, 1992. Each hearing will specifically
focus on certain sections of the code.
certain chapters after the sections are discussed.
Consideration will also be given to
DRAFT SECTION 215 - GAMBLING
Assistant Manager Hughes noted that draft Section 215 would prohibit all lawful
gambling by statute, e.g. bingo, raffles, paddlewheels, tipboards and pull-tabs.
The Minnesota State Lottery would be exempt from the prohibition. Section 215
would not prohibit the use of gambling proceeds to support an organization so
long as those proceeds originate from gambling that would occur outside of the
City limits.
Paul O'Connor, School Board Member, spoke in support for the prohibition of
lawful gambling and the exemption of the Minnesota State Lottery.
was not opposed to gambling but was opposed to the use of gambling proceeds to
support youth activities rather than citizens or members supporting through
donations or taxes.
values to the students, one of which is responsibility.
proceeds to support Park & Recreation activities would only teach young people to
use a shortcut. The youth who participate in these activities should take on the
responsibility of trying to raise the resources necessary.
Tammy Halverson, Edina Girls Fast Pitch/Basketball Associations, spoke in support
of using gambling proceeds from outside groups, e.g. Hopkins Jaycees or the Air
Force Association, for funding equipment for girls athletics.
Personally, he
The School Board has been trying to communicate ethical
The use of gambling
I
4/6/92 75 h .
Steve Cook, 6820 Oaklawn Avenue, spoke in opposition to prohibition of lawful
gambling.
monitored by the' City they can be an excellent source of revenue for multiple
programs.
He argued that if the gambling activities are well-controlled and
Renne Brown, Youth Fast Pitch Committee, commented that one of the best values to
teach young people today is competitive sports; however, those activities are
under-funded. Parents want their children off the street, off drugs and living a
good life and that will take money.
Trish Brown, 6137 Sherman Circle, EGAA Board President, asked that consideration
be given to exempt schools and churches from prohibition of bingo and raffles
because of the impact on those groups.
Mayor Richards said that no distinctions would be made if gambling were
prohibited in the City.
43 organizations that have been issued a permit for charitable gambling within
the City during the past five years, including churches, athletic associations,
regional associations and The Edina Foundation. No further comment was heard.
He noted that Council has been presented with a list of
SECTION 460 - SIGNS
Assistant Manager Gordon Hughes presented the major changes in draft Section 460
to the existing sign ordinance as follows:
Illuminated signs
could not be illuminated between 1O:OO P.M. and 7:OO A.M. unless the
business is open.)
Temporary Signs :
Construction site signs would be reduced to 32 square feet.
"FOR SALE" signs would be reduced to 16 square feet for non-
residential and multi-residential sites.
Only one "FOR SALE" sign would be allowed per building.
Temporary leasing or rental information signs would be prohibited;
permanent sign area may be increased.
Transparent or translucent awnings counted toward sign area.
Window signs limited to 25% of window area.
Vehicles with signs may not be parked to advertise business.
Number of free-standing signs on retail properties reduced.
Tenant identification signs in the Planned Industrial District reduced to
24 square feet.
Area identification signs in Planned Industrial District not allowed.
Maximum height of free-standing signs in PC-1 & PC-2 Districts limited to
8 feet.
Definition of "Area" reduced from three buildings to two buildings.
Standards for non-commercial opinion signs.
Maximum sign area for larger office buildings increased to 80 square feet.
(Signs located within 200 feet of residential property
One year for removing non-conforming temporary signs.
Kent Warden, Executive Director - Minneapolis Building Owners and Managers
Association (BOMA), 121 South 8th St., Minneapolis, said he represented major
commercial property rentals in Minneapolis and suburban areas.
owners and managers are dealing with a weak rental market and signs do produce
rental results. Because Edina is surrounded by communities that allow larger
signage, building owners in Edina would be put at a competitive disadvantage.
The association believes a compromise can be reached and asked that consideration
be given to treat temporary leasing/rental signs the same as "FOR SALE" signs.
Mayor Richards suggested that the association forward its position on specific
issues in the draft sign ordinance for Council's consideration prior to adoption
of the code in June, 1992.
He explained that
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76 4/6/92
Charlie Snyder, 5501 Wooddale Avenue, said he represented the Shelard Group in
Eden Prairie.
suburban area is the worst anyone has ever seen.
is vacant with a 23% vacancy rate.
value by 30-50% in the last two years.
signs be kept at the existing size at least until the market improves.
Dick McGinley, Building Owners and Managers Association Suburban Issues Committee
Chair, reiterated the concern about temporary leasing signs.
number of the buildings he represents do not have permanent monument signs and it
would require great expense to incorporate leasing information in monument signs.
He indicated that he would work with staff to submit recommendations on behalf of
both BOMA and the Suburban Issues Committee regarding their concerns.
He emphasized that the commercial rental market in the southwest
Roughly one in four buildings
The typical office building has decreased in
He recommended that temporary leasing
He said that a
Greg Beim, Hoigards Custom Canvas of Eden Prairie, asked if there were
restrictions on how far awnings may protrude from a building.
Hughes said signs are limited as to projection, but there is no restriction on
the distance that awning signs may protrude.
Assistant Manager
Mayor Richards noted that letters commenting on draft Section 460 had been
received from Ac'cent Real Estate Company, Ltd., Thorpe Brothers
Companies. No further comment was heard.
Assistant Manager Hughes then summarized Chapters 6 through 8 of
City Code as follows:
CHAPTER 6 - FIRE PROTECTION
The following provisions in the existing code have been changed;
with an asterisk have been deleted.
Inc., and Welsh
the draft Edina
those marked
*Section 610 - Air Quality Standards (Regulated by the Minnesota Pollution
Control Agency.)
bungalows need not obtain a permit to install fire protection systems.)
Fire Code.
No public comment or objection was heard on Chapter 6.
Section 625 - Fire Protection Systems (Single family homes and double
*Section 630 - Regulation of Christmas Trees and Decorations (Regulated by
CHAPTER 7 - HEALTH
The following provisions in the existing code have been changed; those marked
with an asterisk have been deleted.
Materials (Provides for back yard composting. Single family and double
bungalows generating less than 30 gallons of refuse weekly need only bi-weekly
collection.)
Section 705 - Storage, Collection and Disposal of Refuse and Compostable
*Section 721 - Regulating Milk
*Section 722 - Regulating Eggs
Section 725 - Public Health, Housing and Housing Equipment (Adds minimum
standards for exterior condition of housing.)
*Section 730 - Regulating Fumigation of Buildings
Gary Vierkant, Vierkant Disposal, spoke to his letter of March 30, 1992, that the
existing ordinance is not being enforced.
refuse containers which makes it difficult to compete.
want the ordinance changed, only enforced.
objection was heard on Chapter 7.
Mayor Richards noted a letter from Robert A. MacDonald, 5041 Green Farms Road,
regarding delivery of Sun-Current newspapers.
requirement that newspapers be delivered to the door or placed only in a paper
Haulers allow residents to curb set
He stated he does not I No further public comment or.
Mr. MacDonald suggested a code
4/6/92 .
holder to alleviate neighborhood clutter.
CHAPTER 8 - LAND USE AND PUTTING
Assistant Manager Hughes explained that the subdivision and zoning ordinances
have been revised recently; therefore there are few changes.
provisions in the existing code have been changed:
certain activities.
Defines "family" as not more than five unrelated persons.
Fences in R-1 and R-2 District must be installed with finished side
facing neighbors.
Setback requirements from lakes - 50 feet for most; 75 feet for
Arrowhead and Indianhead.
Colleges or schools allowed in POD, PID, PCD.
Trash storage required in enlarged buildings or new restaurants at
50th & France.
The following
(Requires permit for Section 830 - Tree Removal, Grading and Excavation
Section 850 - Zoning
Eliminates existing mining provisions.)
Mayor Richards pointed out that the draft Planning Commission Minutes of the
meeting of April 1, 1992, recommended that the definition of "family" not be
included in draft Section 850.
Mayor Richards noted a letter from Donna Nye, 5821 Zenith Avenue South, who asked
that consideration be given in the code to restricting ground feeding of birds
and wild animals in residential neighborhoods. No public comment or objection
was heard on Chapter 8.
code should be submitted prior to June 1, 1992. He then declared the public
hearing closed.
Mayor Richards stated that written comments on the draft
PUBLIC HEARIIUG CONDUCTED: VALTZY VIEW ROAD/U. 66TH STREET PROJECTS APPROVED -
STREET IMPROVEMENT NO. BA-293. STREET IMPRO- NO. BA-299. STORM SEWER
rKPR0vElE"T NO. STS-219. TRAFFIC SIGNAL I13pBOVEMEKC NO. TS-21 AND LIGHTING
IMPR0vElE"T NO. L-36 Affidavits of Notice were presented, approved and ordered
placed on file.
Presentation bv Ennineer
Engineer Hoffman explained that this project is the second phase of a five phase
transportation plan involving reconstruction of roadways in the northerly greater
Southdale area.
completed in 1991. The third, fourth, and fifth phases involve improving the
Crosstown/Valley View Road interchange, W. 66th Street (north side of Southdale),
and York Avenue (east side of Southdale) respectively.
The first phase was to construct W. 69th Street which was
This project involves the primary elements as follows:
A.
B.
Reconstruct Valley View Road from W. 69th & France intersection to the
Crosstown Highway.
Move the southbound lanes of Valley View Road further east to allow room
for construction of a berm between the homes on Southdale Road and Valley
View Road.
Reconstruct W. 66th from France Avenue to Southdale Road as part of the
reconstruction of Valley View Road and W. 66th Street, which will provide a
new traffic signalized intersection with appropriate left turn lanes.
Construct a sidewalk along Valley View Road on the west side to tie in the
sidewalks on W. 69th Street and W. 70th Street.
Provide new street lighting and stormwater pipe changes as needed.
C.
D.
E.
Public Hearing notice was sent to affected property owners.
informal meeting with all those affected by the project and other individual
meetings involving different areas of concern.
Staff conducted one
4/6/92
The approximate cost of the improvements is estimated as follows:
IMPROVEMENT NO. S.A.P. NO. ESTIMATED COST
Permanent Street Surfacing, Curb & 120-150-05 $1,240,795.79
Gutter and Sidewalk - Valley View Rd
from West 69th/France Av to Crosstown
Highway - BA-293
(120-159-03)
Permanent Street Surfacing, Curb & 120-144-06
Gutter and Sidewalk - West 66th St
from France Av to Southdale Tin -
BA-299
262,715.79
Storm Sewer - STS-219 264,803.44
Traffic Signal - TS-21
Lighting - L-36
91,560.00
113.534.40
TOTAL PROJECT $1,973,409.42
The project is proposed to be funded primarily by state aid gas tax funds and
storm sewer utility funds.
proposed to be specially assessed at an estimated cost per front foot at $40.00
for commercial, $30.00 for multiple family and $20.00 for single family.
Point of France the estimated assessment would be $83.00 per unit.
Office Center properties would be assessed at $.08 per leasable square foot.
assessments are proposed to be spread over a ten year assessment period.
Approximately $80,000.00 of the total cost is
For
Southdale
The
Concern has been raised over the proposal to eliminate the median crossover on W.
66th Street affecting the Point of France.
indicate that increasing traffic volumes on W. 66th Street will make it
increasingly difficult to safely cross over from the driveway to go east.
current proposal would require driveway users to go to either end of the median
between France Avenue and Valley View Road and with the use of the left turn
arrows make U-turns at the signals.
of France some feel this solution would cause unnecessary inconvenience. Staff
would recommend dealing with this item later as several property owners from
Point of France are not available at this time. The Point of France board will
meet on May 12 and the issue could be determined by the Council on May 18.
Staff review for the long-term would
The
After meeting with board members from Point
Engineer Hoffman showed graphics of proposed traffic movements and explained how
this improvement would fit within the overall Southdale area traffic plan.
Design graphics were shown depicting berming and/or fencing along the rear of the
properties on Southdale Road.
construction south of West 66th Street.
constructed after August 23 so as not to disrupt pool activities at Cornelia
Park, with scheduled completion November 1, 1992.
The project would begin in June 1992 with
The northerly portion would be
In response to Member Rice, Engineer Hoffman answered that the berm adjacent to
Southdale Road would be constructed on City right of way.
actual assessment for the project would occur next year after completion.
The hearing on the
Public Comment
Fremont Fletcher, Board Chairman for Point of France, agreed that the issue of
the median crossover on West 66th Street be continued to May 18, 1992.
Charles Peterson, Point of France, submitted that there has not been adequate
time to get advice and counsel on the ramifications of the project on the Point
of France residents. He felt that the project would increase traffic thereby
4/6/92 79 5, .
decreasing property
limit access/egress
for Point of France
City of Bloomington
values, would impact the pond west of Point of France, would
from Point of France, and would create a financial obligation
residents. He alluded to an agreement between Edina and the
engineering departments from 1981, dealing with all traffic
flow in the Southdale area from the Crosstown Highway to Highway 494 which deals
with commitments and concessions. Further, that staff was giving inconsistent
answers to questions concerning start of the proposed project, bids, etc.
Elmer Johnson, Point of France, said he was concerned about the dynamics of the
proposed new semaphore at 66thPalley View relative to the one at 66th/France in
that Point of France residents may not be able to get in and out of their
driveway.
Wendell Burton, Point of France, submitted that he has worked with the City to
maintain water levels in the Point of France pond and to beautify that project.
He asked to be apprised of all plans so he could remain involved in every aspect
of the pond.
Bernard'Gingold, Point of France, reiterated the concern that car travel from
Point of France will be hazardous if the median crossover is eliminated.
Catharine Abbott, 6566 France Avenue,asked if the Planning Commission had
considered the project.
from increased traffic would affect the pond.
Commission would not hear this matter as it is not a land use issue.
Further, that she was concerned that the added pollution
Mayor Richards explained that the
Engineer Hoffman responded to comments made as follows: 1) The proposed special
assessment was done according to normal policy and presented for Council
consideration. 2) An agreement between Bloomington and Edina relates to
Homart/Centennial Lakes buildings and traffic generation.
in the hearing notice that the City Council can authorize the proposed project
immediately upon close of the hearing was included to get the public's attention.
5) If the project were to go forward and received state aid approval, bids could
be taken for a possible June start.
collected for two to three years but actual design began last fall.
4) The last sentence
5) Data on the proposed project has been
Council Comment/Action
In response to the concern that adequate time was not provided to determine the
affect on the Point of France, Member Rice asked what affect no action would have
on the project.
hearing final plans and specifications could be forwarded for state aid review
and approval which would be required before bids could be taken.
submitted that he felt action on the project should be delayed until May 18 in
response to the concerns that have been raised.
Engineer Hoffman explained by approving the project at this
Member.Rice
Member Smith interjected that approval of the project would only concern issues
that require approval by other governmental agencies.
for work in the subject area had been discussed previously by the Council.
He recalled that the need
Member Paulus commented that this project is not being proposed for special
interest groups such as Southdale but is for the benefit of the entire City.
elaborated that the City's daytime population doubles during the day and tha
project is being generated to move and handle that traffic.
Member Smith introduced the following resolution and moved its adoption, subject
to issue of the median crossover on Vest 66th Street affecting the Point of
France being continued to Hay 18, 1992:
RESOLUTIO~ ORDERING IMPROVEMElTCS
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
She
4/6/92
heretofore caused notice of
each parcel within the area
improvements:
hearing to be duly published and mailed to owners of
proposed to be assessed on the following proposed
P- STBEET SURFACING, CURB & GuTTEg, STORM SEUER dzoD SIDEWAIX
IMPROVEMENT NO. BA-293 (S.A.P. 120-159-03) - Valley View Road from
West 69th Street/France Avenue to Crosstorn Highway
PERUNENT STREET SURFACILPG, CURB & GUTTER AND SIDEWAIX
IMPROVEMENT NO. BA-299 (S.A.P. 130-144-06) - West 66th Street from
France Avenue to Southdale Lane
TRAFFIC SI- IKPROvEMKHT NO. TS-21 - Valley Vieu Road &West 66th Street
STORM SEWER IMPROVEMENT HO. STS-219
STREET LIGHTING IKPROvEMKHT NO. L-36 (S.A.P. 120-150-07)
and at the hearing held at the time and place specified in said notice, the
Council has My considered the views of all persons interested, and being fully
advised of the pertinent facts, does hereby determine to proceed vith the
construction of said improvement including all proceedings which may be necessary
in eminent domain for the acquisition of necessary easements and rights for
construction and maintenance of such improvements; that said improvements are
hereby designated and shall be referred to in all subsequent proceedings as:
PERUNENT STREET SURFACILPG, CURB & GUTTER AND SIDEWALK
P- STBEET SURFACILPG, CURB & GUTTER AND SIDEWAIX
IMPROVEMENT NO. BA-299
STORM SEWER IMPROVEMENT NO. STS.-219
TRAFFIC SIGNAL IKPROVEMERT NO. TS-21
STBEET LIGHTING IKPROVBENT NO. L-36
IMPROVEHKKC NO. BA-293
The area proposed to be assessed for a portion of the cost of the proposed
improvements includes: Unplatted Parcel (Cornelia Park Pool), bt 1, Blk. 2,
Southdale Office Park Second Addn.; Meets & Bounds Description Southdale Office
Center Unplatted, Commencing at He 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 Northerly
along said centerline to North line of SE 1/4.
Except Roads; Lots 1 thru 10, Blk. 3, Southdale First Addn.; Lots 1 thru 13, Blk.
4, Southdale First Addn.; Lot 2, Blk. 1 South Office Park First Addn.; Tract A,
RTS No. 1365; and Apartment Ownership #79 - Point of France Condominiums. btl
units contained vith Apartment Ownership #79 (Unit 102 thru 1210 and Penthouse 1
thru Penthouse 12).
Motion was seconded by Member Kelly.
Thence Easterly to Begirming
Rollcall :
Ayes: Kelly, Paulus, Smith, Richards
Nays: Rice -
Resolution adopted.
CONDITIONAL USE PERMIT GBdloTED FOR BUILDING EXPANSION AND REMODELING - ED=
COHKUJTITY TBT€EUN CHURCH
1992, meeting the request for a conditional use permit for building expansion and
remodeling at Edina Community Lutheran Church, 4113 West 54th Street, was
continued for additional information on two issues: 1) sidewalk along the front
of the church property, and 2) parking bays along the south side of W. 54th
Street adjacent to the church.
have submitted two site plan for both sidewalk and parking bays.
illustrates a seven foot wide sidewalk just inside the existing curb line.
sidewalk would extend from the parking lot curb cut on the west to the parsonage
driveway on the east, with no parking bay. Exhibit "B" illustrates both a
sidewalk and a parking bay. The parking bay would stop before the parsonage and
would provide space for six cars.
Planner Larsen reminded Council that at the March 16,
Following that meeting, architects for the church
Exhibit "A"
The
I
I
I
Staff would recommend the Exhibit "A" sidewalk only alternative. The bay should
4/6/92
t 81 !.
be included in the Proof of Parking Agreement and considered in the future if
conditions warrant.
volume collector street with parking on both sides.
feet and the existing street is 40 feet wide.
presently parking on both sides of 54th Street.
parking bay is constructed.
parking and safety problems.
Reasons presented in support were:
1) The existing street meets the local and state width standard for a low
The state standard is 38
2)
3)
4)
The parking bay would not provide additional parking spaces.
Due to existing grades, additional steps would be required if the
The Proof of Parking Agreement will allow the City to address future
There is
Ben Crabtree, 5428 Woodcrest Drive, neighbor and church member, submitted that
one parking space would be lost if the bay is constructed.
the curb, snow left by plowing could be more easily moved onto the church
property.
only.
With sidewalk up to
He concurred with the staff recommendation for Exhibit "A" sidewalk
No further comment or objection was heard.
RESOLUTION GRANTING CONDITIONAL USE PEBMT
FOR EDIlUA COHXUlUITY LUTEEUH CHUBCH
WHEREAS, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance)
have been met; and
WHEREAS, it has been determined that the Findings as required by Ordinance No.
825 have been satisfied;
NOW, THEBEFORE, BE IT BESOLVED that the Edina City Council hereby grants a
Conditional Use Permit to Edina Community Lutheran Church at 4113 West 54th
Street for building expansion and remodeling.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards.
Resolution adopted.
SECOND READING GRANTED: ORDIXAHCE NO. 812-A3 ADOPTED (REGUIATING TELEVISION AND
RADIO A"WS AND TOWERS)
first reading for Ordinance No. 812-A3 on March 16, 1992. The only changes to
the final draft are to the height of the residential radio antennas in Subsection
815.06.
Planner Larsen recalled that the Council granted
Staff would recommend second reading and adoption.
Ray Voss, 5716 Benton Avenue, representing the amateur radio group, and Dick
Casey, 6120 Ashcroft Avenue, said they concurred with the ordinance amendment as
presented.
Member Kelly offered Ordinance No. 81243 for Second Reading and moved adoption
as follows:
ORDINANCE NO. 812-A3
AN ORDINANCE AXKNDR?G ORDINANCE NO. 812
M REGULATE CONSTBUCTION AND -CE OF TELECO~IcbTION,
TELEVISION AND RADIO -, EXTERIOR DISH
AND SUPPORTING TOWERS
THE CITP COUIiCIL OF TBE CITY OF EDIlUA, MINNESOTA, ORDAINS:
Section 1. Ordinance No. 812 is amended to read as follows:
815.01
in Section 850 of this Code shall be construed in this Section according to their
definitions contained in Section 850.
the following meanings in this Section:
Definitions. Words and phrases used in this Section vhich are defined
The following words and terms shall have
Equipment used for transmitting or receiving telecommunication, Antenna.
television or radio signals, which is located on the exterior of, or
outside of, any building or structure.
'antennaa does not include 'dish antennaa.
Dish Antenna.
For purposes of this Section,
A parabolic shaped antenna (including all supporting
82 4/6/92
apparatus) which is used for transmitting or receiving telecommunication,
television or radio signals, which is located on the exterior of, or
outside of, any building or structure.
Tower.
antenna or dish antenna is, or could be attached, or which is designed for
an antenna or dish antenna to be attached, and all supporting lines,
cables, wires and braces.
I Any pole, spire or structure, or any combination, to which an
815.02
kind shall be erected, constructed or placed, or re-erected, re-constructed or
replaced, anmere vithin the City without first making an application for and
obtaining a permit from the City.
for the folloring:
Permit Required; Exeaptions. Eo antenna, dish antenna or tower of any
Provided, hovever, no permit shallbe-required
A.
which do not exceed 6 feet in height as measured from the base of the dish
antenna to the highest point of the dish antenna.
B. All other towers or antennas which do not exceed six feet in height as
measured from the base of the antenna or tover to the highest point of the
antenna or tower.
C. Antennas, dish antennas and towers erected or constructed by the City
for Ciq purposes.
Dish antennas not greater than 9 square feet in cross sectional area,
815.03 Application for Permit; Issuance; Fee. Application for a permit
required by this Section shall be made to the Building Official in the same
manner, and containing the same information, as for a building permit pursuant to
Section 410 of this Code.
forth in Section 185 of this Code.
Official .
815.04 General Requirements. All antennas, dish antennas and towers, for which
a permit is required shall comply with the following requirements:
Subd. 1 Compliance with Applicable Provisions. All applicable provisions
of Section 410 of this Code, including wind loading requirements set forth
in the State Building Code.
Subd. 2 Grounding. Antennas, dish antennas and towers shall be grounded
for protection against a direct strike by lightning and shall comply, as to
electrical wiring and connections, with all applicable provisions of this
Code and State Law.
Subd. 3 Proximity to Power Lines. No antenna, dish antenna or tower
shall exceed a height equal to the distance from the base of the antenna,
dish antenna or tower to the nearest overhead electrical power line (except
individual service drops), less five feet.
Subd. 4 Protection from Climbing. Antennas, dish antennas or towers
shall be protected to discourage climbing by unauthorized persons.
Subd. 5 Restrictions on Attachments. No antenna, dish antenna or tower
shall have affixed to it in any way lights, reflectors, flashers or other
illuminating devices, or any signs, banners or placards of any kind, except
one sign not over 10 square inches may be affixed indicating the name of
the manufacturer or installer.
Subd. 6 Prohibited Attachments. No tower shall have constructed on it,
or attached to it, in any way, any platform, catwalk, crow's nest or
similar structure.
Subd. 7 Construction Material Restrictions. All towers shall be
constructed of corrosive-resistant steel or other corrosive-resistant, non-
combustible materials.
including timbers or logs.
Subd. 8 Prohibited Extensions. No part of any antenna, dish antenna or
tower nor any lines, cables, equipment, wires or braces used in connection
The application shall be accompanied by the fee set I Such permit shall be issued by the Building
I
Towers shall not be constructed or made of wood,
4/6/92 .8 3 - '..
part of a street, sidewalk or alley.
815.05 Location and Screening.
. Subd. 1 Setback Location Prohibited. No part of any tower, dish antenna
or antenna shall be constructed, located or maintained, at any time,
permanently or temporarily, within any setback required by Section 850 of
this Code for a principal building or structure for the Zoning District in
which the antenna, dish antenna or tower is located.
Subd. 2 Additional Restrictions for Towers and Antennas in Excess of 50
Feet in Height. In addition to the requirements of Subd. 1 of this
Subsection, the following minimum distance.shal1 be provided between
A. Ground mounted towers,
B. Ground mounted antennas, or
C. Ground mounted towers with antennas,
which are in excess of 50 feet in overall height, and the nearest lot line
of a lot in the B-1 or B-2 District used for residential purposes:
Minimum Distance in Feet = 20(h-50) + 50
h = overall height of tower and antenna in feet
Subd. 3 Additional Restrictions for B-1 and B-2 Districts. In addition
to the requirements of Subd. 1 and Subd. 2 of this Subsection, the
following requirements apply to lots in the R-1 and R-2 Districts as
established by Section 850 of this Code other than lots in the B-1 District
developed vith a conditional use:
A. Dish antennas.
(i)
area shall not be located on the roof or exterior wall of a
principal or accessory building.
(ii)
(i)
the front yard.
(ii) No antenna, dish antenna or tower, shall be constructed,
located or maintained, at any time, permanently or temporarily,
closer to the allowed buildable area
principal building on any adjacent lot than it is to the
principal building on the lot on which it is located.
Dish antennas greater than 9 square feet in cross section
Dish antennas shall only be located in rear yards.
B. All antennas and towers including dish antennas.
No antennas, dish antennas or towers shall be located in
Subd. 4 Screening for Dish Antennas. The Building Official may require,
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.
the requirements of Subd. 2 of Subsection 850.10 of this Code.
Such required screening shall comply with
815.06 . Height Restrictions.
Subd. 1 B-1 and B-2 Districts. In the B-1 and B-2 District except lots
in the B-1 District developed with Conditional Uses as established by
Section 850 of this Code:
A.
tower with an antenna shall exceed 65 feet in height, measured from
the ground elevation at the base of the tower or antenna, whichever
is lower, to the highest point of the antenna or tower, whichever is
higher.
B. Towers and antennas mounted on or attached to a building or
structure 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.
C.
measured from the ground elevation at the base of the dish antenna to
No ground mounted antenna, ground mounted tower or ground mounted
Dish antennas shall not be in excess of 12 feet in height,
84 4/6/92
Subd. 2
Allowed in the B-1 District.
by Section 850 of this Code and on lots in the R-1 District developed with
Conditional Uses:
Zoning Districts Other Than B-1 and R-2 and Conditional Uses I In all other Zoning District as established
A.
tower with an antenna shall exceed 75 feet in height, measured from
the ground elevation at the base of the tower or antenna, to the
highest point of the antexma or tuuer, vhichever is higher.
B.
than 18 feet as measured from the point at which the antenna is
attached to the roof to the top of the highest portion of the
antexma.
C.
feet for either a ground mount or roof nunme, as measured from the
point atvhich the antenna is momited to the roof or the ground
elevation to the highest point of the antenna.
No ground mrormted antenna, ground mounted tower or ground mounted
Roof motmted antennas and towers shall have a height of no more
Dish antennas shall have an overall height of no more than 18
815.07 Existing Antennas and Towers. Existing antennas, dish antennas and
towers which do not conform to or comply with this Section are subject to the
follodng provisions:
Subd. 1 Use and Replacement. Existing antennas, dish antennas and towers
may continue to be used for the purposes now used and as now existing,
except as provided in Subd. 2 of this Subsection, but may not be replaced,
expanded, enlarged or added to in any vay without complying in all respects
with this Section, except that antennas may be replaced, without so
complying, provided the new antenna or dish antenna fully comply with the
provisions of this Section.
Subd. 2 Destroyed or Damaged Antennas, Dish Antennas or Towers. If an
antenna, dish antenna or tower is damaged or destroyed due to any reason or
cause vhatsoever, the same may be repaired and restored to its former use,
location and physical dimensions upon obtaining a building permit but
without otheruise complying with this Section. Provided, however, that if
the cost of repairing or restoring such damaged or destroyed antenna, dish
antenna or tower would be 50 percent or =re, as estimated by the Building
Official, of the cost of purchasing and erecting a new antenna, dish
antenna or tower of like kind and quality and to the former use, physical
dimensions and location, then the ante-, dish antenna, or tower may not
be repaired or restored except in full compliance with this Section.
815.08 Number of Antennas, Dish Antennas and Towers.
Subd. 1 R-1 and 8-2 Zoning Districts. In the B-1 and R-2 Districts as
established by Section 850 of this Code, no more than one exempt antenna,
as defined in Subsection 815.02, one dish antenna requiring a permit under
the provisions of this Section, and one tower with antennas shall be
allowed at any one time on any single lot.
Subd. 2 Other Residential Districts. In districts zoned residential by
Section 850 of this Code, other than B-1 and 8-2 Districts, no more than
one exempt antenna, as defined in Subsection 815.02, one dish antenna
requiring a permit under the provisions of this Section and one tower with
antennas, shall be allowed at any one time on any single tract.
815.09
be processed and granted or denied in the same manner and based on the same
criteria and conditions as variances under Section 850 of this Code.
Variances. Variances from the literal provisions of this Section shall
815.10 Abandoned Antennas, Dish Antennas and Towers; Removal. Any antenna,
dish antenna or touer vhich is not used for six successive manth8 shall be deemed
4/6/32 85 ..
abandoned and may be required to be removed in the same manner and pursuant to
the same procedures as for dangerous or substandard buildings established by
Sections 470 of this Code.
815.11
with, abrogate or annul any covenant or other agreement between parties.
this Section imposes a greater restriction upon the use of premises for antennas,
dish antennas or towers than are imposed or required by other Sections of this
Code, rules, regulations or permits, or by covenants or agreements, the
provisions of this Section shall govern.
Interpretation. It is not the intention of this Section to interfere
Where
I
n Sec. 2 The effective date of this ordinance shall be April 7, 1992.
ATTEST :
City Clerk
Motion was seconded by Member Smith. .
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith
Nays: Richards
Ordinance adopted.
ORDINANCE NO. 114-AZjLADOPTED REPEALING HOEtATORIUM ON CONSTRUCTION OF TO-,
AND DISH m: SECOND READING WAIVED Member Bice introduced
Ordinance No. 11443 and moved adoption as follows, with waiver of second
reading :
ORDINANCE NO. 114-A3
AN ORDINANCE REPEbLIlpG THE MORATORIUM ON
ISSUANCE OF PERMITS FOR EBECTION OR CONSTRUCTION OF
TOWER, ANTEIWS, AND DISH AIWEHWW, AS DEFIl'4ED IlU
ORDINANCE NO. 812 OF THE CITY OF EDRW
Section 1.
Sec 2.
Ordinance No. 114 is hereby repealed in its entirety.
This ordinance shall be in full force and effect on April ],)P32.
ATTEST :
City Clerk
Motion was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
PUBLIC HEARING CONDUCTED: YEAR XVIII CDBG PROGRAM BUDGET APPROVED Affidavits of
Notice were presented by Clerk, approved and ordered placed on file.
due notice having been given, a public hearing was conducted on the Community
Development Block Grant (CDBG) Program for Year XVIII.
Pursuant to
Planner Larsen stated that for Year XVIII, Hennepin County has been allotted
$2,765,000.00 of which Edina' s share is $150,913.00. Last year Edina received
4/6/92 86
$149,973.00. On March 17, I992 the proposed budget was presented to the Human
Relations Commission and the Commission took action to recommend the following
budget :
Rehabilitation of Private Property $ 40,000
Removal of Architectural Barriers 77,731
Adaptive Recreation Program Interpreter 3 , 000
Household and Outside Maintenance for the Elderly (H.O.M.E.) 22,000
Daycare Subsidy 8.182
TOTAL $150,913
Planner Larsen explained that starting this year the amount the City is permitted
to allocate to service projects is limited to 20% of its total grant.
28% was committed to two service projects, H.O.M.E. and Day Care. For Year
XVIII, H.O.M.E. is requesting $26,700.00, and Greater Minneapolis Day Care
$20,000.00. The combined requests represent 31% of the budget allocation.
Last year
The budget as prepared by staff suggests a substantial cut for Day Care and a
more modest reduction for H.O.M.E.
Funds ($17,000) and has started receiving some federal support. H.O.M.E. does
not have available alternative revenue sources.
The logic was that Day Care has unspent CDBG
The single family rehabilitation project.is budgeted at the same level as last
year. For Year XVIII the income eligibility is increased from 50% of the area
median income to 65% of the median income and should substantially increase the
eligible population.
would again be $3,000.00.
requirements of the Americans with Disabilities Act and would include door
openers for City Hall and citywide sidewalk modifications.
The funding for the Adaptive Recreation Program interpreter
The Architectural Barriers project would respond to
Mayor Richards then called for public comment on the proposed budget.
Norris, Greater Minneapolis Day Care Association, thanked Council for the
continued financial support.
the year budgeted.
Grace
She said future budgeted amounts would be spent in
Betty Crouch, Director of the H.O.M.E. Program, expressed appreciation for the
continued support, noting that the Program also receives a contract through
Hennepin County. She said the program served 200 older residents of Edina last
year (5052 hours of help, e.g. homemaker, outdoor chore and home maintenance
services. It helps older residents maintain independence and dignity. Because
of the proposed reduction for Year XVIII, the amount of services will have to be
reduced. No further comment was heard.
Member Kelly introduced the folloving resolution and moved its adoption:
RESOLuTIOEl APPROVING PROPOSED FOB YEAR XVIII
UBBAN HENEEPIN COURTP COlMUHlTY DEVEIDPMEKC BLOCK
GRART FUNDS bEm AUTHORIZING ITS S-
WEERE3Ss the CitJr of Edina, through execution of a Joint Cooperation Agreement
vith Hennepin County, is cooperating in the Urban County Commrmity Development
Block Grant Program; and
VHEBEBS, the City of Edina has developed a proposal for the use of Urban Hemepin
County CDBG funds =de available to it, and held a public hearing on April 6,
1992, to obtain the vievs of citizens on local and Urban Hennepin County housing
and comrmmity development needs and the City's folloving proposed use of $150,913
from the Year XVIII Urban Hennepin County Commrmity Development Block Grant
funds :
Rehabilitation of Private Property $ 40,000
22 , 000 Household and Outside Maintenance for the Elderly (E.O.H.E.)
4/6/92 87 - F..
Removal of Architectural Barriers 77,731
Adaptive Recreation Program Interpreter 3,000
Day Care Subsidy 8.182
mAL $150,913
BE IT RESOLVED that the City Council of Ed- approves the proposed use of Year
XtlIII Urban Hennepin County Comnnmity Development Block Grant funds and
authorizes submittal of the proposal to Hennepin County for consideration by the
Citizen Advisory Committee and for inclusion in the Year XVIII Urban Hennepin
County Conmrunity Development Block Grant Statement of Objectives and Project Use
of Funds.
ADOPTED this 6th day of April, 1992.
Motion for adoption of the resolution was seconded by Member Paulus.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*HEARING DATE SET FOR REZONING - IB!C 3. BIX 1. MC CAULEY HEIGHTS 8TH ADDN Motion
was made by Member Rice and vas seconded by Member Smith setting April 20, 1992,
as hearing date to consider rezoning from R-1 Single Dwelling Unit District to R-
2 Double Dwelling Unit District - Lot 3, Block 1, McCauley Heights 8th Addition.
Motion carried on rollcall vote - five ayes.
*BID AWARDED - PUMP HOUSE NO. 4 RECONSTRUCTION Motion vas made by Member Rice
and was seconded by Member Smith for award of bid for the reconstruction of
pumphouse No. 4 to recommended low bidder, R. P. Vogel & Company, Inc., at
$49,715.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED - SAND. ROCK. BITUMINOUS HATERIAL AND CONCRETE Motion vas =de by
Member Rice and vas seconded by Member Smith for award of bid to recommended
bidders as follows: Sand (delivered) to Prior Lake Aggregates at $3.50 per ton;
Buckshot (delivered) to MOOTI Valley Aggregates at $8.99 per ton; Delivered Seal
Coat Chips (delivered) to Dresser Trap Rock at $14.50 per ton; Asphalt #2331*
(picked-up) to Hidvest Asphalt at $18.00 per ton; Asphalt #2331 Pine* (picked-up)
to Midwest Asphalt at $18.50 per ton; Asphalt x2341 (picked-up) to Midwest
Asphalt at $19.50 per ton; Winter MIX (picked-up) to Midwest Asphalt at $40.00
per ton; Concrete (delivered) to Model Stone at $47.05 per cubic yard; Cut-Back
Asphalt (delivered) to Koch Refining at .7248 per gallon; Alternate Cut-Back
Asphalt (CRS2) to Koch Refining at .3728 per gallon; rith award on asphalt to
Midwest Asphalt and alternate award to Commercial Asphalt.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR WATER TREATBENT CHEMCSIS - CITY vEI;Is Motion was made by
Member Rice and was seconded by Member Smith for award of bid for water treatment
chemicals to recommended low bidder, Hawkins Chemical, Inc., at $32.09 per 100
lbs. each of hydrofluosilicic acid and liquid chlorine.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR GRIIL HOOD REPIACEHlmf (BRAEMAR GOLF COURSE>
Member Rice and vas seconded by Member Smith for award of bid for grill hood
replacement at Braemar Golf Course to recommended low bidder, C. 0. Carlson Air
Conditioning Company at $5,958.00.
Motion was made by
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR GEOTEXTILE PRODUCTS FOR ARROUEEAD TAKE ACCESS Motion was made
by Member Rice and vas seconded by Member Smith for award for Geotextile products
4/6/92
for Arrowhead Iake access to sole bidder, Brock White, at 47,344.00. I Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR CARPETING FOB SENIOR CERTEE Motion vas made by Member Rice and
vas seconded by Member Smith for avard of bid for carpeting for the Senior Center
to recommended lor bidder, Porter Carpet Hills, at $10,037.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOB PAIRTING OF SEAIOB CERLZR Motion vas made by Hember Rice and
was seconded by Member Smith for auard of bid for painting of Senior Center to
recommended low bidder, Decorating Dennis Painting, Inc., at $13,812.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR BRAEMAR CONCESSION FOOD PRODUCTS Motion vas made by Member Rice
and was seconded by Member Smith for avard of bid to recommended bidder, Sysco
Continental, for open order for food items bought periodically during the year.
Motion carried on rollcall vote - five ayes.
APPEAL OF FOOD LICENSE DENIAL - ROSSIHI'S aES!@LURAN!I!/ROSEB~ GROCERY Mayor
Richards referred to the staff memorandum dated April 6, 1992, advising that
Rossini's Restaurant and LaBella Cucina, DBA Rosebud Grocery, have been denied a
license renewal at the direction of the Minnesota Department of Revenue. The
license to operate the subject food establishments expired on March 31, 1992.
Walter L. Zuk, a business consultant/finance specialist, had submitted letters
appealing the license denial and requesting the appeal be heard by the Council on
April 6, 1992.
Mr. Zuk explained that on March 26, 1992 an appeal was filed in an independent
court to acquire a tax clearance certificate. The appeal will be heard within
the next 30 days.
Edina will not issue a license. He asked that, in the interim, the City consider
issuing a license and allow the two restaurants to continue in business while
awaiting the outcome of the appeal hearing.
a settlement with the Minnesota Revenue Department.
I
Until a tax clearance certificate has been issued the City of
He mentioned that they are close to
Mayor Richards quoted from a memorandum submitted to Council dated April 2, 1992,
from City Attorney Gilligan, "The City is prohibited from renewing the licenses
for either of such businesses by Section 270.72 until such time as a tax
clearance certificate has been issued with respect to such businesses.
matter to take up with the Commissioner of Revenue since the City has no
discretion in the matter under the statute".
the circumstances the City cannot act until a clearance certificate is received.
This is a
Mayor Richards concluded that under
EBST BOUNDARY OF ELECTION PRECINCT NO. 1ADJUSTED
the Council Meeting March 16, 1992, Council approved by resolution the precinct
boundaries for the City of Edina as proposed and illustrated on the map
presented. Subsequently, telephone calls were received from two residents who
live east of Blake Road and north of Waterman Avenue.
concern and dissatisfaction, and also that of other neighbors in the area, with
being separated from their long established neighborhood and being attached to
Precinct No. 5.
Clerk Daehn explained that at
They expressed their
A field study of the subject area was made and it was discovered that the
Interlachen Country Club property is separated from the residential neighborhood
to the west by a chain link fence for the majority of the boundary line from
Interlachen Road to the northern city boundary. If the fence were used to
4/6/92 89 - 6.
determine the precinct boundary, the City could be challenged in that it does be
not satisfy the statutory requirement that election precinct boundaries follow
visible, clearly recognizable physical features. Because this would split a
census block, the census data would be estimated as to population for use by
Hennepin County in determining county commissioner and park districts.
Staff has concluded that keeping this neighborhood intact is a strong argument in
support of using the Interlachen Country Club west fence line as the precinct
boundary for Precinct No. 1, north of Interlachen Boulevard. If the change is
approved by Council, Hennepin County would be notified of this adjustment
immediately.
Audrey Krengel, 405 Blake Road, Hopkins, spoke to the concerns stated in her
letter dated April 2, 1992. In addition, Ms. Krengel pointed out that voters
tend to vote on their way to or from work and, if they must vote in Precinct
No. 5 at Highlands School, many may opt not to vote at all because of the
distance. She said she supported the proposed change as presented.
'
Member Paulus introduced the following resolution and moved its adoption:
RESOLUTION APPROVING bDJuSl"T OF
EASTERN BOUNDARY OF PRECINCT NO. lA
BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby
establishes the boundaries for Precinct No. lA as illustrated on the map
presented at the regular meeting of April 6, 1992, and defined as follows:
Precinct No. lA - Commencing at the intersection of the northern and western
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, 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, Bange 21 to Blake Road; then
northerly along the centerline of Blake Road to Interlachen Boulevard; then
easterly along the centerline of Interlachen Boulevard to the western boundary of
Interlachen Country Club; then northerly along the western boundary of
Interlachen Country Club to the northern boundary of the city of Edina; then
westerly along the northern boundary of the city of Edina to point of beginning.
Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
JrpRAppIC SIGHAL A- FOR BREN ROAD/LONDONDERRY DRIVE APPROVED Motion
made by Member Rice and was seconded by Member Smith for adoption of the
following resolution:
BE IT RESOLVED that the City of Edina enter into an agreement with the State of
Minnesota, Department of Transportation for the following purposes to wit:
RESOLlJTION
To install a new controller and cabinet for the traffic control
signal on Bren Road at Smetana Drive; and provide maintenance and
electrical energy for the traffic control signals on Trunk Highway
No. 169 East and West Ramps at Bren md in accordance with the terms
and conditions set forth and contained in Agreement No. 68616, a copy
of which was before the Council.
BE IT F[TBTBEB RESOLVED that the proper City officers be and hereby are authorized
to execute to such agreement, and thereby assume for and on behalf of the City
all of the contractual obligations contained therein.
4/6/92 90
Motion was seconded by Member Smith.
Resolution adopted on rollcall vote.- five ayes.
I *IUlSOLuTION ADOPTED FOR DESIGH SPED VARIANCE ON BLAKE ROAD Motion was made by
Member Rice and was seconded by Member Smith for adoption of the follouing
resolution:
BESOLlJTIOH
WEEREAS, the City Engineer bas requested a variance from Minnesota Rules, Chapter
8820.9935, for the reconstruction of HSA!3 147 (Blake Road) between Pine Grave
Road and Interlachen Boulevard, and
WEEREAS, a Variance Committee appointed by the Commissioner of Transportation did
recommend approval of said variance with the condition that the City adopt a
resolution concerning legal responsibilities as a result of this granting of said
variance at the City Council's request;
NOU, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina:
That it indemnifies, saves and holds hannless the State of Minnesota and all its
agents and employees of and from any and all claims, demands, actions or causes
of actions of any nature or character arising out of or by reason of, in any
manner, the reconstruction of Municipal State-Aid (MSA) Street No. 147 located
between Pine Grave Road and Interlachen Boulevard in any other manner than as in
accordance vith LIinnesota Rule 8820.9935, and further agrees to defend at their
sole cost and expense any action or proceeding commenced for the purpose of
asserting any claim of whatsoever character arising as a result of the granting
of this variance.
Resolution adopted on rollcall vote - five ayes.
*LABOR AM APPROVED VITB LOCAL 49 OPEBhTING ENGINEERS Motion was made by
Member Rice and was seconded by Member Smith to ratify the 1992 labor agreement
vith Local 49 Operating Engineers, which was negotiated to provide the follOring: I 1. Wages - 3.29% increase.
2. Health insurance contribution - $30.00.
Motion carried on rollcall vote - five ayes.
*LABOR CONTRACT APPROVED WITH TEAMSTERS LO- 320 <NON-ESSRNTIALl Motion was
made by Member Rice and was seconded by Member Smith to ratify the 1992 labor
contract for non-essential employees with Minnesota Teamsters Public and Iav
Enforcement Employee's Union Iacal 320, vhich was negotiated to provide the
folloving:
1. Wages - 3.00% increase.
2. Health insurance contribution - $30.00.
Motion carried on rollcall vote - five ayes.
WN-SALE WINE LICENSE APPROVED FOR VIE DE FRANCE RESTAURANT Motion was made by
Member Rice and vas seconded by Member Smith approving the issuance of an On-sale
Wine License to Vie de France Restaurant, 3630 U. 70th Street.
Motion carried on rollcall vote - five ayes.
SITE USE REOUEST COmINDED TO APRIL 6. 1992 - CICKSTom PRODUCTS COMPANY Public
Works Director Hoffman informed Council that Gemstone Products Company has
approached the City of Edina regarding use of the vacant land at the northeast
corner of 1-494 and T.H. 169.
new bridge across the Minnesota River at County Road 18. Due to environmental
concerns, the construction area is very limited and Gemstone Products has to
locate their operation offsite.
is the site at I-494/169 which the City purchased recently.
Gemstone Products is the concrete supplier for the
The nearest location next to good freeway access
Gemstone proposes to set up a site approximately 200 x 200 feetwith an access
road for a concrete batching plant. They would need the following approvals:
A. Minnesota Department of Transportation Access Permit.
4/6/92
B.
C.
Nine Mile Creek Watershed Grading Permit.
City of Edina agreement or permission for use for a period up to three
years.
Director Hoffman said staff has reviewed the preliminary proposal and feels it
has merit, as the City would be left with a useable area for concrete and asphalt
recycling of City materials or other possible recycling or composting uses.
of the staff concerns has been the every increasing costs for disposal of
construction materials.
construction materials whenever possible.
use of the property is developed.
One
It is becoming very obvious that we need to recycle
This site would work until some other
David Pace, Gemstone Products Company, referred to their proposal by letter dated
April 3, 1992 to utilize one acre of the site at'Interstate 494/County Road 18:
1) Clear trees and remove wood debris.
2) Furnish, place and compact a three foot layer of select granular
material.
3) Furnish and place silt fence.
4) Entrance road to the site of a similar construction.
The work would cost Cemstone $39,000.00.
hydrant and usage would be approximately three million gallons over a three year
period amounting to approximately $2,000.00 in revenues. In summary, the City
would receive a very usable site, plus water revenues and an additional $2,000
per year of rent for a total of $47,000.
Water would be acquired from a City
Following discussion, Member Smith made a motion to contirme to April 20, 1992,
the proposal for site use at I-494/169 by Cemstone Products Company to allow
staff prepare a comprehensive report to include site usage and restoration, dust
problems, environmental impact, compliance guarantees to the City, appearance of
the portable offices, permits, and references. Member Kelly seconded the motion.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
APPOINTMENT MADE TO COMMUNITY DEVEIBPMEIW AND PLANNING COMMISSION
indicated that the reappointment of Geoffrey Workinger to the Comunity
Development and Planning Commission had been overlooked.
motion for consent of the Mayor's reappointment of Geoffrey Workinger to the
Community Development and Planning Commission for a term to 2/1/95.
Motion was seconded by Member Smith.
Mayor Richards
Hember Kelly made a
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
CABLE !CV REPORT PRESENTED
information as requested by the Council summarized as follows.
offers four tiers of service, 1) Universal Basic, 2) Broadcast Basic, 3) Basic,
and 4) Extended Basic. On June 1, 1992, Paragon will offer 1) Universal Basic,
2) Basic, and 3) Limited Basic. Broadcast and Extended Basic tiers will be lost,
but Universal Basic service (including all off-air broadcast stations and
community access channels) will continue being offered for no monthly fee.
Installation and change-of-service fee for Universal Basic will increase from
$64.95 to $65.00, although people who must change to Universal due to Paragon's
tier restructuring will not have to pay any change-of-service fee. In addition
to raising rates and fees, Paragon will change its channel lineup on June 1.
Manager Rosland presented a report on cable
Paragon Cable now
Member Smith asked for comments or concerns to take to an upcoming meeting of the
Southwest Suburban Cable Commission.
competitive cable alternative to offer subscribers.
Mayor Richards said he wished there was a
4/6/92
h3.2 OFF-SALE BEB LICEI?SE APPROVED FOR KENNYS MARKET Motion was made by Member
Rice and vas seconded by Member smith to approve renewal of a 3.2 off-sale beer
license to Kennys Market.
92
Motion carried on rollcall vote - five ayes.
*1992 CON"RACT APPROVED - JAFF R1275 Motion vas made by Member Rice and vas
seconded by Member Smith to ratify the 1992 contract rith the International
Assoc5atfon of Firefighters Ucal X1275, uhich vas negotiated to provide the
follooJing:
1. Uages - 3.29% increase.
2. Health insurance contribution - $30.00.
3. Uniform allovance - $50.00.
4. Firefighters assigned to work on Thanksgiving Day - eligible for an
additional one-half time pay.
Motion carried on rollcall vote - five ayes.
I
*PETITION FOR STREET LIGHTING ON GRI@ES AVENlJ3l aEFwBED M EXGINEIWXG DEPARTMQI!!!
Motion was made by Member Rice and vas seconded by Member Smith to refer the
petition for street lighting betueen 4120 Grimes Avenue and 42nd Street to the
Engineering Department for processing.
Motion carried on rollcall vote - five ayes.
*PETITION FOR SIDEUAIX ON !I!HIELEN Av"UE REFERBED To ENGINEER DEPAR!CHEK!! Motion
vas made by Member Rice and vas seconded by Member Smith to refer the petition
for sidewalk for one block on Thielen Avenue to the Engineering Department for
processing.
Motion carried on rollcall vote - five ayes.
I *PETITION FOR STOW SEWER ON TOWER STREEL! REFERRED To ENGI"G DEPART"
Motion vas made by Member Rice and vas seconded by Member smith to refer the
petition for storm serer on Touer Street between 4516 and 4520 to the Engineering
Department for processing.
Motion carried on rollcall vote - five ayes.
MUNICIPAL TXGISLBTIVE COMMISSION UPDA!CE GIVW Mayor Richards reported that
thirteen communities met at the Municipal Legislative Commission (MLC) meeting on
April I, 1992. Three issues were before the commission:
1. Support sales tax on local government services.
2. Support Governor's initial cuts in Local Government Aid to
municipalities (9 of the 13 get no LGA now).
3. Support combination of reduction in Local Government Aid and Homestead
Agricultural Credit Aid (HACA).
The position taken by Edina was to support the HACA proposal and take cuts based
upon HACA so that everyone would share in what is being proposed by the
legislature. Mayor Richards said it seemed logical that Edina would not support
the Governor's bill to increase the sales tax, without some indication that the
legislature is attempting to reduce expenditures.
The Commission by a vote of 7 to 6 recommended that the Governor veto the sales
tax.
regional and state level needs strong representation.
Member Smith asked that a comparison be done on the issues with other cities with
similar demographics to be brought back before Council quickly.
UPDATE GIVEN ON BRAEMAR GOLF COURSE FCXPANSIOH
City has been working with the Corps of Engineers for three years to obtain a
decision regarding the proposed Braemar Golf Course expansion.
Since there is a big difference of opinion, Edina's participation at the
I
Manager Rosland explained that the
Manager Rosland
4/6/92 93 ?.
recommended that the matter be taken to the courts for resolution.
Richards said he would support proceeding to the courts and suggested that the
City Attorney work with the attorney for the Nine Mile Creek Watershed District
on the litigation.
James Ramstad and Senator David Durenburger informing them of the situation and
soliciting their help in a solution.
Mayor
He mentioned that he had written a letter to both Congressman
In response to Member Smith, Manager Rosland said bond fund interest may be used
to fund the legal action.
expedient and least expensive way used to force an answer from the Corps.
Member Smith said he would like to see the most
Member Padus made a motion to proceed rith legal action against the Corps of
Engineers for a decision on the proposed Braemar Golf Course expansion by using
the combined legal sedces of the City Attorney'and the attorney for the Bine
Mile Watershed District.
Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*CLAIMS PAID Motion was made by Member Rice and was seconded by Member Smith to
approve payment of the folloving claims as shuun in detail on the Check Register
dated April 6, 1992, and consisting of 40 pages: General Fund $397,513.89;
Communications $1,736.85; Art Center $13,539.94; Capital Fund $29,203.31;
Swimming Pool Fund $80.02; Golf Course Fund $83,746.69; Recreation Center Fund
$31,732.21; Gun Range Fund $380.25; Edinbormgh Park $22,103.31; Utility Fund
$289,371.42; Storm Sewer Utility $5,107.93; Liquor Dispensary Fund $17,417.49;
Construction Fund $30,668.47; IMP Bond Redemption #2 $54,659.73; TOTAL
$977,261.51.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 9:55 P.M.
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City Clerk