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HomeMy WebLinkAbout19920504_regular107 MlpuTES OF !lkE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HBI;L MAY 4, 1992 ROUCAIL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. ARBOR DAY PROCLAIPLED Mayor Richards presented the following proclamation which was unanimously adopted: WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees,-and more than a million trees in Nebraska, and WHIBlUS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees are a most valuable resource, purifying our air, helping consenre our soil and energy, serving as a recreational setting, providing a habitat for wildlife of all kinds, and enriching our lives in other important ways; and WHEREAS, disease, insects and pollution have damaged and continue to threaten our trees, creating the need for tree care and tree planting programs and fostering greater public concern for the future of our urban forest: and WHEREAS, Edina is proud of the beautiful shade trees which grace our homes and public places; and WHEREAS, Edina has been recognized for the past five years as a Tree City USA by the National Arbor Day Foundation and desires to contiwe the planting of trees for its future, WJEREAS, the white oak has been of historic significance to the City of Ed- and the community desires to restore the white oak forest, WHEREAS, the residents of the City of Edina in cooperation with the Edina Rotary Club will be planting 50 white oak trees, at Arneson Acres Park, in recognition of Arbor Day, NOW, THEBEFORE, I, Frederick S. Richards, Mayor of Ed-, do hereby proclaim April 24th, 1992, to be Arbor Day and call upon the public spirited and foresighted citizens of Edina to plant trees now for our pleasure and that of future generations. Dated this 4th day of May, 1992. PROCIAMATION - WHEREAS, this holiday, called Arbor Day, was first observed with the planting of NATIONAL TEACHW DAY PROCLAIMED proclamation which was unanimously adopted: WHEREAS, teachers help shape and transform lives through their critical roles in the schools of this nation; and, WHEREAS, they strive to open doors to opportunity through learning; and, WHEREAS, they seek to motivate and inspire their students to develop to their full potential; and WHEREAS, they endeavor to make learning meaningful for students from all walks of life: and, WHEREAS, they prepare this nation's students for the demands of a rapidly changing, increasingly competitive and technological society, NOW, THEBEPORE, I, Frederick S. Richards, serving as Mayor of the City of Edina, do hereby proclaim Tuesday, May 5, 1992, as and urge all citizens to observe this day by taking time to remember and salute those individuals who teach - and transform lives through education. Dated this 4th day of May, 1992. Mayor Richards presented the following PROCLAMATION ' NATIONAL TEACHER DAY Genny Kedrovsky, Edina Education Association, accepted the proclamation and asked residents in the audience to remind their children to express appreciation to 5/4/92 108 their teachers in some small way. VIOLENCE PETITION PRESENTED May 1, 1992, after dismissal about 200 Edina High School students marched to City Hall to present a petition protesting the violence occurring in Los Angeles and the Rodney King verdict. The petition, with 218 signatures, read: Chief of Police Swanson explained that on Friday, I "We, the students of Edina, are protesting the violence in L. A., Atlanta and San Francisco. We also wish for law and order to be an integral part of our community, but not at the cost of independent rights. We wish an end to the violence and ask for peace. verdict of the Rodney King case." We also object to the The students carried banners stating "Stop the Violence" and "E.H.S. - Peace". Chief Swanson said he accepted the petition on behalf of the City and indicated he would present it to the Council on May 4, 1992. He felt the activity was a very mature and orderly expression of their concerns. The students seemed dedicated to the issues cited in the petition and directed their energies in a constructive manner. - CONSENT AGENDA I!J!EHS APPROVED by Member Rice to approve and adopt the Council Consent Agenda items as presented. Motion was made by Member Kelly and vas seconded Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *l3INUTES OF THE REGULBR MEETING OF APRIL 20. 1992. APPROVED Motion was made by Member Kelly and vas seconded by Member Rice to approve the Council Minutes of the regular meeting of April 20, 1992. Motion carried on rollcall vote - five ayes. PUBLIC HEARING HELD ON DRAFT EDINA CODE: DRAFT SECTION 1045 REvneFJED Affidavits of Notice were presented, approved and ordered placed on file. Mayor Richards opened the fourth public hearing on the draft Edina City Code by saying that Council, during the last six months, has been reviewing the draft code with the intention of holding a series of public hearings to gain input citizens prior to adoption of the.code in June, 1992. code are focused upon specifically at each hearing. given to certain chapters after the sections are discussed. Certain sections of the Consideration will also be DRAFT SECTION 1045 - PARKING AND STORAGE OF VEHICLES explained that draft Section 1045 deals with the parking and storage of vehicles and presented the major changes to existing ordinance. Two types of vehicles are defined: Assistant Manager Hughes Commercial Usape Vehicles - Tractors. - Designed or modified for construction, maintenance or demolition. Towed equipment except recreational vehicles. - - Snow removal equipment. - Earth moving equipment. - Trucks, vans, and pickups exceeding 3/4 ton carrying capacity. - Campers. - Mobile homes. - All terrain vehicles. - Marine crafts. - Camping trailers. - . Snowmobiles. Recreation Vehicles ' - Pickups with campers or toppers. 5/4/92 109 - Trailers used to transport recreational vehicles. Permitted parking locations are as follows: 1. Commercial usage vehicles, inoperable vehicles, unmounted campers and 2. toppers may be parked or stored only within a garage or building. Recreational vehicles may be parked or stored in a garage or building, or may be parked in the driveway but not for more than 48 hours. All other vehicles may be parked or stored in a garage or building or may be parked or stored in the driveway. Vehicles parked in the driveway must not be within 15 feet of the street and five feet of the side lot line. 3. 4. The special permit process has been retained from the existing ordinance;. Public Comment Speaking in opposition to the proposed ordinance changes were: Gene Franchett, 5913 Chowen Avenue South, commented that the issue involves a conflict in lifestyles and values, i.e. some residents have lake homes and some have campers. his camper and was opposed to prohibiting parking of recreational vehicles on driveways , He has not heard any negative comments from neighbors regarding Greg Carlin, 6901 Hillcrest Lane, submitted written comments and questioned why a more restrictive.ordinance is necessary; why not enforce the current ordinance. In summary, he said that the draft code will have an adverse impact on the state economy, it is unfair to property owners, it will be unenforceable, and it will ultimately reduce property values. He recommended leaving the current ordinance in place. Milt Farnham, 6945 Cornelia Drive, commented that he maintains his recreational vehicle, stores it on a concrete slab next to his garage screened by bushes, and by storing it at his home is a ready and usable piece of equipment. Maged Daoud, 6617 Paiute Pass, said even though he is not a recreational vehicle owner, he believed in the right to pursue happiness in America and individual rights should not be taken away, and that the proposed ordinance is too restrictive. Cindy Daoud said the existing ordinance is fine and she did not want to loose more freedoms. would be a hardship for both residents and staff. The proposed ordinance is extremely ponderous and Russ Nelson, 7117 West Shore Drive, spoke to his letter of April 29, 1992, in objection to the proposed restrictions on recreational vehicle parking. that this will decrease the spontaneity of family times in deference to aesthetics for the community. He said Inez Vogtman, 6309 France Avenue, said she believed that their camper sitting on their driveway is not any worse that the dandelions or unraked leaves in their neighbor’s yard. Dale Hedtke, 5929 Ashcroft Avenue, informed Council that his pickup with a topper is for hauling things and should not be considered a recreational vehicle. LuJean Anderson, 6233 Virginia Avenue, explained the reason they bought a home in Edina was because they could store an recreational vehicle on their property. Though they no longer have it the proposed ordinance would prohibit parking their boat on their property for short periods of time so that it could be used by their teenage sons on short notice. 5/4/92 110 Wayne Alexander, 7028 Sally Lane, said he has a boat which is too large for his garage and he cannot enlarge the garage as it is in a floodplain. the restrictions would stop, and why not enforce the existing ordinance. He asked where Ralph Hanson, 5928 Chowen Avenue, felt the proposed code is too inclusive and almost discriminatory. Doris Lee, 4705 Valley View Road, said they are retired and want to continue having their recreational vehicle accessible any time they want to use it. David Wodrich, 5916 Ashcroft Avenue, commented that he has a 50 foot lot and a single attached garage for the family vehicle. He owns a pickup with a topper which he needs to carry materials for his work. permit to park it in his driveway if he had three days off in a row. He inquired if he would need a Gary Bartolett, 7421 Gleason Road, said he owns a motor home and objected to the proposal to "take from my neighbor", instead of looking at ourselves and sacrificing some so that our neighbor can enjoy his rights too. John Elsing, 7202 Shannon Drive, submitted that he would be upset if a converted school bus were to be parked in his area, but in this land of 10,000 lakes he found it hard to believe he might not be able to park his boat in his driveway. Also, that he has a pickup with a topper to secure his tools and other personal property which he drives to work and he objected to that being restricted by the proposed ordinance. Chuck Nichols, 6521 Cherokee Trail, said he owns a travel trailer which in the summer is parked by their tuck-under garage. He stated that he disagrees with the proposed ordinance and if there is a neighborhood concern about recreational vehicle storage, it should be discussed with the neighbors and not be dependent on an ordinance to handle these concerns. Charles White, 6016 Tracy Avenue; David Fleming, 6324 Brookview Avenue; and Harold Kempffer, 5537 Wooddale Avenue: said enforcing the existing ordinance, or slightly modifying it, would be better than implementing a more restrictive one that is unenforceable. I It was noted that a letter dated April 29, 1992, was received from Harold J. Bagley, 7113 Glouchester Avenue, objecting to the proposed ordinance changes. Residents speaking in favor of the proposed code modifications: Jeff Holker, 5432 Oaklawn Avenue, explained his sight line has changed recently with his neighbor's purchase of a 10-15 year old, rusty recreational vehicle. His South Harriet Park area has small lots so the proximity of stored vehicles is of even greater concern. and she would not object to a recreational vehicle if it were parked out of their line of sight. Cindy Holker said there is always room for compromise Maureen Enger, 5433 Oaklawn Avenue, referred to a recent Andy Rooney commentary: residents work on maintaining their property and view and then a neighbor parks a recreational vehicle or boat in full view. She said she has checked prices on off-premise storage and found them at $25 to $35 per month or less for a year. If recreational vehicle parking is allowed, the neighborhood would cease to be a neighborhood and turn into a trailer park. Kathy Rogan, 4720 W. 70th Street, said she lives directly across from Arneson Acres Park. 8-10 years and two cars that have not been moved in 2-3 years. Houses in the ' A neighbor has an recreational vehicle that has not been moved for 5/4/92 111 area have sold for less than what they are worth because of the vehicles stored on the premises. Heidi Schellhas, 7252 Monardo Lane, observed that aesthetics affect property values and that storage of recreational vehicles must be controlled. William Hanson, 5801 Johnson Drive, advised that a neighbor across the street now has a recreational-vehicle that sets up above the roof of their house, is seldom moved except for winter vacations and blocks the view from both directions. said some restrictions are necessary. He No further comment was heard on draft Section 1045. CHAPTER 12 - STREETS AND PARKS Assistant Manager Hughes advised that the following provisions in the existing code have been changed: Section 1200 - Use and Maintenance of Streets Snow storage on boulevards permitted (in front of your residence). Snow removal from walks - increased from 12 hours to 48 hours (after end of snowfall). Section 1205 - Curb Cuts (New section) Section 1230 - Conduct in Public Places Permit required for new driveway cuts to streets. Non-intoxicating beer and wine may be served at indoor recreation facilities and Van Valkenburg Park. Vehicles may not be displayed for sale in public places. Feeding of wildlife prohibited in public areas. Douglas Hart, 6012 Olinger Boulevard, expressed concern that he may be prohibited from feeding the pheasants in Bredesen Park if the proposed Section 1230 is adopted. No further comment was heard on draft Chapter 12. CHAPTER 13 - TRADES AND OCCUPATIONS Assistant Manager Hughes advised that the following changes have been proposed to the existing ordinance: Haulers must provide volume based fees (Required by Waste Management Act). Eliminates licensing requirement for peddlers and solicitors. Peddlers and solicitors must observe placard. Prohibits leaving advertising material on placarded properties. Excludes circulars like Edina Sun from the requirement. Section 1300 - Refuse and Recyclables Section 1310 - Peddlers and Solicitors Section 1315 - Advertising Material It was noted that a letter from Randy Mattson, dated April 22, 1992, asked the Council to consider passing an ordinance banning unsolicited materials being tossed into resident's yards. complied with his request to stop delivery. He specifically noted that the Edina Sun has not Section 1325 - Tobacco Section 1330 and Section 1430 - Taxicabs Smokeless tobacco included. Eliminates licensing by Edina. Cabs and cab drivers must display license issued by Bloomington, RZchfield, St. Louis Park, or the Metropolitan Airports Commission. No further public comment was heard on Chapter 13. CHAPTER 14 - TRAFFIC AND VEHICLES the existing ordinance; those marked with an asterisk have been deleted: Section 1400 - Traffic The following changes have been proposed to Unreasonable acceleration. Unattended children in car. Douglas Hart, 6012 Olinger Circle, said one fire hydrant has been,destroyed at 5/4/92 .. 112 his home because of excessive speed, plus he looses two mailboxes per year. inquired whether radar control or something could be installed to stop speeders. He *Section 1420 - Motor Bicycles I Section 1435 - Snowmobiles and All Terrain Vehicles Permits the Police Chief to issue permit for disabled person's use of all terrain vehicle. No further public comment was heard on Chapter 14. Mayor Richards stated that written comments on the draft code should be submitted prior to June 1, 1992. a Council work session on the draft code for May 11, 1992, at 7:OO P.M. He then declared the public hearing closed and announced PIHBL REZONING FROM R-1 TO R-2 GRANTED FOR LOT 3. BLOCK 1. MCCAUIJ3Y HEIGHTS 8TH - ADDITION2, Affidavits of Notice were presented, approved and ordered placed on file . Presentation bv Planner Planner Larsen recalled that preliminary rezoning from R-1, Single Dwelling Unit District to R-2, Double Dwelling Unit District was approved by the Council on April 20, 1992. The subject property is a vacant lot with frontage on McCauley Trail in McCauley Heights 8th Addition. No conditions were placed on the preliminary approval and there are no changes to the proposal. or objection was heard. Staff would recommend final rezoning approval. No public comment Member Smith introduced Ordinance No. 825-A46 for Second Reading and moved adoption as follows: I ORDINBNCE NO. 825-A46 BY ADDING TO THE DOUBLE DWETJJNG UNIT DISTRICT (R-2) AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) THE CITY COUNCIL OF THE CITY OF EDINA, lE"ESO!J!A, ORDAINS: Section 1. t&e following thereto: "The extent of the Double Dwelling Unit District (Sub-District R-2) is enlarged by the addition of the following property: Sec. 2. Section 6 of Ordinance No. 825 of the City is amended by adding Lot 3, Block 1, McCauley Heights 8th Addition." This ordinance shall be in full force and effect upon itwassage and publication. ATTEST: City Clerk Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. BOARD OF APPW DECISION -ED - VATCCANCES GRANTED FOR LOT COVERAGE BND SIDE STREET SETBACK FOR LOT 5. BLOCK K. SOUTH HARRIET PARK (5236 BROOKVIEW AVENUE) Presentation bv Planner Associate Planner Aaker said the subject property is a single family home at 5236 Brookview Avenue. She advised that at its meeting of February 6, 1992, the Board of Appeals and Adjustments heard the request of Andrew/Lark MacPhail for a two percent lot coverage variance and an additional one foot side street setback variance to allow an addition to the rear of their home. add a small eating area, mudroom, bay window seat and half bath. The applicants hope to 5/4/32 113 The Board discussed the addition and agreed that visually the addition would not impact the neighborhood to a significant degree. that at present the house and detached garage are large with regard to lot size and that a variance had already been granted to exceed the maximum lot coverage requirements. The Board denied the request based upon a lack of demonstrated hardship. action. Staff would recommend that Council affirm the decision of the Board. However, the Board concluded The proposal has been appealed to be heard by the Council for final Ms. Aaker informed the Council that there have been two previous variance hearings in the past regarding expansion of the home: 1) In 1977, a nine foot side street setback variance was approved to allow an attache& one and one-half car garage to be converted into a family room and to allow the addition of a 22 X 24 foot detached garage in the rear yard area. 2) In 1982, a 5.8 percent lot coverage variance and a 10 foot side street setback variance were approved. above the existing kitchen and dining room and an addition to a sun porch in the front yard area. The addition included two new bedrooms The current request would require approval for an additional two percent (150 square feet) increase in lot coverage to allow a total of 32.8 percent lot coverage. in addition to the 10 foot side street setback variance approved in 1977. Presentation by Proponent Lark MacPhail submitted,that they love the house and neighborhood and want to continue living there. addition would increase the value of the home and the adjacent houses. explained that it would be a one story addition and that the neighbors are supportive of the proposal. not to have added an addition. getting larger. expand. Further, the request requires a one foot side street setback variance She said the house is not up to modern standards and the She Also, that it is an exception in this neighborhood Houses in the area are growing in value and The former owners of the home moved because they could not Public Comment Berkley Lewis, 3945 West 49th Street, pointed out that he is the only neighbor who would be visually impacted by the addition and approved of the proposal. He added that he had built a huge addition recently that did not require a variance and that has the same amount of lot coverage. has a serious use deficit and he approved of the proposed addition. He observed the MacPhail's house It was noted that a letter was received from Tom Jones, 5224 Brookview Avenue, in support of the proposal. Council Comment/Action Member Paulus asked the proponent to state the hardship in support of the variance request. Mrs. MacPhail said the hardship is the layout of the house, i.e. traffic flow, no eating area in the kitchen and their family is growing. In response to Member Paulus, Planner Aaker stated that a hardship is tied to the property, is specific to the site and it usually has to do with a general condition present on the site, (lot configuration is not conventional, severe topography, or poor soils.) a unique pie shape. However, a lot coverage variance is difficult to justify regardless of the hardship. Planner Aaker further noted that the subject lot has Mayor Richards observed that this is dealing with form over substance in that two previous variances were granted a few years ago and lot coverage should have been addressed at that time. He reminded Council of a lot coverage variance that was 114 5/4/92 granted to the property owners at 6510 Gleason Court who wanted to expand their porch; at that time there was no discussion of a hardship. He further said the property is valuable, the family wants to remain and live more comfortably and not allowing them to do this would constitute a hardship. For those reasons he would support granting the variances. Mayor Richards made a motion to grant the two percent lot coverage variance and an additional one foot side street setback variance for Lot 5, Block K, South Harriet Park (5236 Brookview Avenue). No further comment or objection was heard. Ayes: Kelly, Rice, Smith, Richards Nays: Paulus - Variances granted. Motion was seconded by Member Kelly. . Rollcall: FINAL PLAT APPROVED FOR WOODDALE LAKES ADDITION Presentation bv Planner Planner Larsen explained that the subject property is an undeveloped parcel of approximately 3.5 acres and is bounded on the north and east by a pond, on the south by the Crosstown Highway and on the west by a public path within the Wooddale Avenue right of way. approval for a six lot subdivision was granted by Council on September 23, 1991. The developers are now requesting final plat approval. Planner Larsen noted that preliminary plat Several conditions were specified at preliminary plat.approva1, one of those was the release of right of way by MNDOT for extension of West 64th Street. developers have been unable to purchase the right of way from the state. Consequently, the right of way has been moved northward. been made to Lots 1, 2, and 3 to provide 15 feet of right of way. All the lots continue to meet or exceed the "neighborhood" median sizes and dimensions. would recommend final plat approval subject to: 1) Subdivision dedication based on a land value of $215,000, 2) Executed developers agreement with appropriate security, 3) Department of Natural Resources (DNR) permit, and 4) Executed and recorded 50 foot conservation easement. The Small adjustments have Staff In response to Mayor Richards, Planner Larsen explained that the conservation easement would be around the perimeter of the property adjacent to the water and 50 feet upland from the ordinary high water mark. City who would be the enforcing party. It would run in favor of the No comment or objection was heard. Member Rice introduced the folloving resolution and moved adoption, subject to: 1) Subdivision dedication fee of $17,200, 2) Executed developers agreement with security, 3) DHB permit, and 4) Executed and recorded 50 foot conservation easement : BE IT RESOLVED by the City Council .of the City of Ed-, Mimnesota that that certain plat entitled "WOODDALE LEES ADDITION" platted by George J. Game, fee owner, and Darlene B. Game, his wife, and presented at the regular meeting of the City Council of Hay 4, 1992, be and is hereby granted final plat approval. Motion was seconded by Member Smith. RESOLUTION APPROVING FINAL PLAT FOR WOODDALE LBKES ADDITION Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. I 1-494 CORRIDOR COMMISSION (JPO) STRATEGY FOR IMPLKMENT~G TDH PReSENTED Planner Larsen presented the final draft of the Strategic Plan for Implementing Transportation Demand Management in the 1-494 Corridor, noting that the document was prepared for the 1-494 Commission by COMSIS, a California based TDM consulting firm. A workshop/informational meeting is scheduled in June, 1992. 5/4/92 115 Planner Larsen defined Transportation Demand Management (TDM) as a set of techniques aimed at reducing traffic (trips) by shifting commuters from driving alone to shared ride arrangements or into non-peak travel periods. is to move people and information and not vehicles. are used to accomplish this: The main goal Three types of techniques 1) Commute alternatives (carpools, transit, walking). 2) Incentives (subsidized bus passes, travel allowances or disincentives such as paid parking). 3) Alternative work arrangements to shift work time or place (flex-time, telecommuting, 4/40 work weeks). TDM involves working through employers, developers and multi-tenant building owners to facilitate these techniques. Two mechanisms commonly used to facilitate -these techniques are Transportation Management Organizations -(T-MO) and Trip Reduction Ordinances. . Given the limited success of TMO, the JPO is developing a Trip Reduction Ordinance or Policy Framework to mandate participation of the private sector. Growth in travel will outpace growth in population, employment and the ability to build more road to accommodate this travel. recession in real estate and the general economy, if the built space is filled up there will be problems. reconstruction phases of 1-494. utilize the HOV lanes that will be part of the 1-494 and 35W reconstruction. Implementation of TDM will contribute to maintaining mobility, air quality and quality of life. Even though there is currently a In addition, there will be problems during the It will be important to encourage carpooling to The Trip Reduction Ordinance requirements will be phased so as to bring employers and others in slowly and educate them on TDM prior to reconstruction: Phase 1: Before Reconstruction Phase 2: During Reconstruction Phase 3: After Reconstruction Employers-report statistics and develop programs. Trip reduction targets kick-in and requirements enforced. Refinements to reflect effectiveness of Phases 1 and 2 and desire to see results beyond reconstruction period. The next steps in implementation are: 1) 2) 3) 4) 5) 6) City staff are now informing council and business groups. JPO's consultant is drafting a Trip Reduction Ordinance or policy statement. JPO will convene a one-day workshop for public and private stakeholders in June. Staff and consultant will then refine the ordinance and the administrative roles. Another workshop will be convened this fall to gain a final consensus on the program. The cities will adopt an ordinance and implement Phase I. Planner Larsen encouraged the Council Members to attend the workshop and informational meeting on June 24, 1992, from 8:30 A.M. to 11:30 A.M. at the Decathlon Club in Bloomington. implemented such.a plan and an executive from a private company that has implemented the plan will featured. The consultant, a manager from a city that has *INSURANCE JtENT3WAI.S AWARDED FOR POLICE PROFESSIONAL AND PUBLIC OFFICIAL'S LUlBILITY Motion was made by Member Kelly and was seconded by Member Rice for renewal of liability insurance to Scottsdale Insurance Company, sole quote, at $11,523.47 for public officials liability and $27,527.00 for police professional liability. 116 5/4/92 Motion carried on rollcall vote - five ayes. *BID AWAJ3DED FOR EMERGEt?CY REPAIR OF MAD& TRUCK Motion vas made by Member Kelly and vas seconded by Member Rice for award of bid for emergency repair of loadal truck to sole bidder, Ziegler, Inc., at $5,467.71. Motion carried on rollcall vote - five ayes. I a CEHSTONE REOUEST FOR LEASE OPERATION GRANlXD Cemstone Products Company wishes to lease City property at 1-494/County Road 18 to set up a concrete plant operation. They have been awarded the sub-contract for concrete to construct the two mile stretch of the Bloomington ferry bridge over the next three years. conceptual approval for use of City land by Cemstone, subject to Council approval of a lease agreement to be negotiated. Mayor Richards recalled that At the April 20, 1992 meeting the Council gave i- - Mayor Richards reported that on April 27, 1992, he, together with the Manager and Engineer, met with Cemstone and negotiated a lease agreement. agreement would incorporate all the terms and conditions that would give the City a fair economic return on the use of the property. control and regulate the use of the property, and would provide for cessation of operations if deemed detrimental. The proposed . It would enable the City to Engineer Hoffman answered Member Rice's inquiry about 'proper notification' to cancel the lease by saying Cemstone would be notified within a day that they had thirty days to correct a problem. If the correction was not completed in thirty days, Cemstone would agree to a termination and vacation within sixty days. Member Smith commented that he would prefer pre-payment of the $59,000.00 for the three year lease. Tim Becken, Cemstone Products, explained the payment schedule was proposed because Cemstone would incur setup/site preparation/attorney's fees of approximately $40,000 and asked the Council to consider this in their decision. The main points of the proposed lease are as follows: Length of lease - May 15, 1992 through November 15, 1994. Rental payment by Cemstone of $15,000 for year one to be paid on November 1, 1992; rental payment of $20,000 for year two to be paid on July 1, 1993; and rental payment of $24,000 for year three to be paid on July 1, 1994. Annualized rate for the 2 1/2 years would be $23,600, or a total of $59,000. Proposed site improvements by Cemstone outlined in letter dated April 24, 1992. Contract to include indemnification of the City and a process allowing termination of the contract after proper notification to Cemstone and opportunity to correct any deficiencies. Agreement of one of two options to be determined by the City prior to the end of the contract, e.g., Cemstone would reclaim the site according to the current plan proposed by City staff, or the payment of $5,000 to the City and the City would rework the site for their own purpose. Cemstone will construct the site to prevent run-off water from draining into Nine Mile Creek. Hours of plant operation would be 6:OO A.M. to 6:OO P.M. become necessary, City Manager would be notified in each case. Cemstone would be responsible for payment of taxes and also City Attorney fees relating to contract preparation. If extended hours I Member Smith introduced the folloving resolution and moved adoption: BE IT RESOLVED by the City Council of Ed-, Minnesota, that it hereby accepts RESOLIITION 5/4/92 117 the proposal to lease City property submitted by Cemstone Products Company dated April 30, 1992, vith the exception that the total rental payment of $59,000.00 for the three years be prepaid; BE IT FURTHER RESOLVED that the Mayor and Manager are hereby authorized to execute the lease agreement following reviev and approval thereof by the City Attorney. Motion was seconded by Mayor Richards. Mayor Richards elaborated that a number of other issues were discussed, %.e. placement of the road, screening/landscaping, and would be incorporated into the lease language to be reviewed by Attorney Gilligan prior to lease signing. Rollcall : Ayes: Ke-lXy, Rice, Smith, Richards Nays: Paulus Resolution adopted. -. *AUTHORIZE BIDS FOR BENTON AVENUE BRIDGE REPAIR Motion vas made by Member Kelly and vas seconded by Member Rice for adoption of the following resolution: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IWROWMENT AND DIRECTING ADVERTISE"!C FOR BIDS FOR IMI?ROVEMEXT NO. BR-1 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice of bids for the improvement: The plans and specifications for the proposed improvement set forth in the - (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 IMPROVEMENT NO. BR-1 SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 West 50th Street at 11:OO A.M., Thursday, May 28, 1992. The Edina City Council will meet at 7:OO P.M., Monday, June 1, 1992 to consider said bids. The following are approximate major quantities: 5,800 SF Low Slump Concrete Overlay 58,000 SF Scarify Bridge Deck & Sandblast Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. Edina, 4801 West 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in the plans and specifications on file in the office of the City Clerk. of $25.00 (by check). specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the City of Edina in the amount of at least ten (10) percent of all bids. All plans mailed, enclose seDarate check for $5.00 payable to the City of Edina for postage and handling. The City Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. Bids should be addressed to the City Engineer, City of Bids received by the City Engineer, Plans and specifications are available for a deposit Said deposit to be returned upon return of the plans and Marcella M. Daehn, City Clerk Motion carried on rollcall vote - five ayes. *COUNCIL ADVISED OF RECOMMENDATION FOR INSURANCE RENEW- (AUTOMOBILE. GJINERAL LIABILITY AND WORKERS' COMPENSATION) Council was advised of the April 21, 1992, 118 5/4/92 letter from Harris-Homeyer Company in which the agency stated their reasons for recommending that the City begin negotiations with Home Insurance for renewal of the City's automobile, general liability and workers' compensation coverage which will expire on July 1, 1992. No discussion occurred as this matter was a Consent Agenda item. *CLAIMS PAID Motion vas made by Member Kelly and vas seconded by Member Hca to approve payment of the following claims as shown in detail on the Check Register dated April29, 1992, and consisting of 25 pages; Cable $508.52; Working Capital Fund $11,603.05; Art Center $10,649.87; Capital Fund $44.96; Pool $17,010.00; Golf Course $28,198.91; Arena $9,577.22; Gun Range $766.42; Edinborough/Centennial Lakes $18,006.16; Utilities $273,905.26; Storm Sewer $436.21;- Liquor Dispensary $22,092.74; Construction Fund $16,013.36;-TOT;BL General Fund $170,648.30; - $579,460.98. Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:17 P.M. City Clerk