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lI3mmEs
OF THE BEGuLba MEETING OF THE
ED= CITY COulpCIL HELD AT CITY HBI;L
FEBRUARY 16, 1993
R0IXCAI.L Answering rollcall were Members Paulus, Rice, Smith, and Mayor Pro-Tem
Kelly.
CONSEEJT AGENDA ITEMS APPROVED Hotion vas made by Member Rice and vas seconded by
Member Paulus to approve and adopt the Council Consent Agenda items as presented
vith the exception of removal of VI1.D - Recommendation of Efuman Relations
Commission - Ffunan Rights Code.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
*MINUTES OF REGULAR COUNCIL LIEETIHG OF FEBRUARY 1. 1993 APPROVED Motion was made .
by Hember Rice and was seconded by Member Paulus to approve the m€nutes of the ...
regular meeting of February 1, 1993.
Motion carried on rollcall vote - four ayes.
-Y PLAT APPROVED FOR GRANGER ADDITION (5533 VERNON AV) upollo ADOPTION OF
FINDINGS. DECISION AND REASONS Planner Larsen recalled that the subject
property, located east of Johnson Drive and south of Vernon Avenue, is a
developed single family lot containing a lot area of 20,800 square feet.
meeting of January 20, 1993, the Council heard a request that proposed the
removal of the existing dwelling and creation of two new buildable single family.
lots.
area.
fact in support of preliminary plat approval.
At its
Variances would be required on both lots for lot width, lot depth and lot.
Following the hearing, the Council directed staff to prepare findings of
Planner Larsen stated that findings, decision and reasons have been drafted and
were reviewed by the City Attorney. A copy has also been given to the proponent.
Member Smith made a motion to adopt the Findings, Decision and Reasons in support
of preliminary plat approval to be attached to the Council LUwtes and moved
adoption of the following resolution:
RESOIdlTIOH GRABTJXG -Y PUT APPROVAL
FOR GRANGER ADDITION
BE IT BESOLVED by the City Council of the CitJr of Edina, Minnesota, that that
certain plat entitled nGRANGER ADDITION", platted by Winston G. Granger, mer,
and presented at the regular meeting of the City Council of February 16, 1993, be
and is hereby granted prelhbary plat approval.
Motion was seconded by Member Rice.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Resolution adopted.
-Y BEZONING FROM PUNNED OFFICE DISTRICT <POD-l) TO AUTOMOBILE PARKING
DISTRICT (APD) APPROVED FOR 6400 FRANCE - BM Develoumentlpaiew
Develoument Corporation Affidavits of Notice were presented, approved and
ordered placed on file. I
Presentation bv Plann ex
Planner Larsen informed Council that the subject property, located at 6400 France
Avenue South, is zoned Planned Office District (POD-1) and is developed with a
one-story office building containing a floor area of approximately 58,000 square
feet supported by a surface parking lot.
time. BTO Development/Fairview Development Corporation has submitted a proposal
The building has been vacant for some
'I
L Attachment to.Counci1 Minutes of 2/16/93
1
CITY OF EDINA
In the Matter of the Application
of Winston G. Granger, for a
. Subdivision of Part of Lot 1,
Garden Park Addition (S-92-4)
FINDINGS,
DECISIONS,
AND
REASONS
The above entitled matter was heard by the City Council, City
of Edina,'on January 20, 1993, and February 16, 1993. Winston G.
Granger (I1Proponentt*) was present at the January 20, and February
16 1993, hearings. The City Council having heard and reviewed all
of the facts and arguments presented by the Proponent, property
owners in the vicinity of the subject subdivision, and having heard
and reviewed the evidence law addressed by the Proponent, City
Staff, and property owners and being fully advised, after due
consideration, hereby makes the followings:
FINDINGS OF FACT
1. The Proponent on November 9, 1992, submitted an application
for subdivision of 20,800 square foot parcel of land located
east of Johnson Drive and south of Vernon Avenue. This tract
of land (the ItSubject Propertyg1) is part of a platted lot (see
Exhibit A for legal description) in the Garden Park Addition.
An existing single dwelling unit building is located in the
southeasterly portion of the Subject Property. According to
city records the Subject Property is owned by Winston G.
Granger.
2. The Subdivision (the IIProposed Subdivision") as submitted with
the application for subdivision on November 9, 1992,
1
E
delineates two (2), R-1, Sidgle Dwelling Unit lots. Lot 1 of
the Proposed subdivision measures 10,500 square feet and Lot
2 measures 10,300 square feet in area. Lot 1 has a lot width
of 83 feet and a lot depth of 125 feet. Lot 2 has a lot width
of 75 feet and a lot depth of 138 feet. The Proponent has
indicated if the Proposed Subdivision were approved, the
existing dwelling located on the Subject Property would be
removed and two new dwellings would be constructed.
3. Section 810 of the Edina City Code establishes the following
minimum standards for new single dwelling unit lots. The
standards are based upon the median average value for all
single dwelling unit lots within 500 feet of the Proposed
Subdivision:
Lot Width
Lot Depth
90 Feet
148 Feet
Lot Area 14,500 Square Feet
4. The Edina Planning Commission (the aaCommissionla) reviewed the
- Proposed Subdivision at its December 2, 1992, meeting. The
Proponent stated that he has surveyed neighbors and has not
found opposition to the 'Proposed Subdivision. The Proponent
presented a number of letters from neighbors expressing
support for the Proposed Subdivision . The Proponent stated
that the Proposed Subdivision should be judged against lots in
2
the immediate area and not lots located north of Vernon
Avenue. The Proponent also stated that the City has taken 30
feet from the west side of his property for the construction
of Johnson Drive, reducing his total lot area. TWO
immediately adjacent neighbors testified that they supported
approval ofthe Proposed Subdivision. The Commission votedto
recommend approval of the Proposed Subdivision as presented,
including granting the requested variances for lot width, lot
depth, and lot area.
5. The City Council, on January 20, 1993, conducted a public
hearing on the Proposed Subdivision. Notice of the public
hearing was published in the Edina Sun Current on December 9,
1992, and notice of public hearing was mailed to all property
owners within 500 feet of the Subject Property on December 24,
1992. The Proponent stated four reasons why the variances
should be granted and his Proposed Subdivision should be
approved. The reasons stated were:
A. A proposed street between Johnson Drive and Tracy Avenue
was not built resulting in unusually deep lots west of
Johnson Drive and east of Tracy Avenue.
B. Lots located north of Vernon Avenue in the Edina
Highlands plat which are included in the 500 foot
neighborhood are much larger than lots in the immediate
3
-
neighborhood of the Proposed subdivision and skew the
minimum average required by City code-
Y i
C. The adjacent lot (5529 Vernon Avenue) was developed prior
to current ordinances and has an unusual shape and is
unusually large.
D. The City imposed a hardship by taking the westerly 30
feet of the Proponent's Property for the construction of
Johnson Drive .
The Proponent also stated that he had contacted 22 neighbors
and had support for the Proposed Subdivision from all 22 neighbors.
I The City Council voted to continue the public hearing to its
February 16, 1993, meeting.
6- Section 850.11.of the City Code provides for considerations
the Commission and Council may consider when determining
whether to approve or disapprove a proposed subdivision.
Included in these considerations are the following:
A. The impact of the proposed plat or subdivision, and the
proposed development, on the character and symmetry of
the neighborhood as evidenced and indicated by, but not
limited to the following matters:
4
1. The suitability of the size and shape of the lots
in the proposed plat or subdivision relative to the
size and shape of lots in the neighborhood; and
2. The compatibility of the size, shape, location, and
arrangement of the lots in the proposed plat or
- __
subdivision with the proposed density and intended
use of the site and the density and use of lots in
the neighborhood. '
7. The Edina Comprehensive Plan states the following general
policies :
Allow further subdivision of developed single family lots only
if neighborhood character and symmetry are preserved.
Lot sizes for new single family development should be based on
existing neighborhood standards.
8. Street access to the Subject Property is currently by a curb
cut on Vernon Avenue. Vernon Avenue is an arterial street
carrying over 12,000 vehicle trips per day. The Proposed
Subdivision would eliminate the Vernon Avenue curb cut, and
place both new curb cuts on Johnson Drive, a local street. A
typical local street carries fewer than 1,000 vehicle trips
per day.
5
THEREFORE, based on the foregoing findings, the City Council does
hereby make the following:
Decision:
Preliminary
Granger Addition
approval
is hereby
of the
granted.
Proposec Subdivision entitled
The above decision is made for the following:
Reasons :
A. The Proposed Subdivision is consistent with the. goals and
policies of the Comprehensive Plan. Specifically, the
Proposed Subdivision will not adversely impact and does
preserve, the character and symmetry of the neighborhood.
B. The 500 foot neighborhood used for lot size comparison is
bisected in this case by a county owned arterial street. The
street, Vernon Avenue, physically creates two separate
neighborhoods. North of Vernon Avenue are the larger lots of
the Edina Highlands plat. South of Vernon Avenue are the
smaller lots of the Edina Parklands plat. Lots in the
proposed subdivision are more consistent in size and shape
6
with the lots in Edina Parklands than those lots north of
Vernon Avenue in the Edina Highlands plat.
C. The proposed development would eliminate an existing curb cut
access to Vernon Avenue, a heavily traveled arterial street.
New curb cuts would be on the lightly traveled Johnson Drive,
which would result in an improved traffic safety condition.
D. The number and size of requested variances are at least
partially caused by the city in connection with the taking of
the westerly 30 feet of the Proponent’s property for Johnson
Drive. This hardship was not caused by the Proponent or the
Subdivision Ordinance.
1 E. Impacted neighbors have submitted oral and written testimony
stating the Proposed Subdivision is consistent with the
existing neighborhood.
7
2/16/93
to rezone the property to Automobile Parking District (APD).
101
The proposed rezoning would allow the demolition of the existing building and
redevelopment of the site as a surface parking lot with 358 spaces.
parking lot would then become owned by Fairview-Southdale Hospital and used to
support hospital activities.
West 65th Street.
new materials (ten eight foot pine trees) which adequately address requirements
for overstory trees. However, the plan does not provide required parking lot
screening along France Avenue and West 65th Street.
The surface
Access-egress would be provided via one curb cut on
The site plan illustrates existing landscaping as well as some
The APD requires a setback of 20 feet from streets and 10 feet from side and rear
property lines.
northerly property line adjacent to Crosstown Highway 62.
actually encroaches on highway right-of-way.
with the State to use a portion of this right-of-way.
plan would continue this encroachment, a variance from the required 10 foot
setback is requested.
The proposed plan complies with setbacks except for the
Existing parking
Because the redevelopment
The property owner has an agreement
The hospital is currently utilizing this site for staff parking.
shuttled by van to the hospital campus.
hospital would depend on the continued van service or other means to safely cross
France Avenue.
Employees are
The utility of the proposed lot for the
At its meeting of January 27, 1993, the Planning Commission recommended approval
of preliminary rezoning and the parking setback variance, conditioned on:
1) Continued use of MnDOT property, 2) Grading permit from Nine Mile Creek
Watershed District, 3) Continuation of shuttle service of other acceptable means
to cross France Avenue, and 4) Landscaping bond to ensure adequate landscaping.
In response to concerns raised by the Planning Commission the proponents prepared
a revised plan illustrating added perimeter landscaping on three sides,
additional landscaping on the France Avenue side to prevent employee crossing in
mid-block and landscaping islands in the center.
P
I
Assuming the rezoning is granted, Member Rice asked what the procedure would be
and what control the City would have if in the future the hospital wanted to
build a ramp on the subject property.
existing Code provisions the hospital would only have to apply for a permit to
build the structure.
issue more from an aesthetic concern than use and had suggested a review process
that would monitor any proposed change from surface lot parking.
if the property is to be utilized only for parking it should be zoned APD.
response would be to draft an amendment to the Automobile Parking District which
would require a conditional use permit to construct a ramp.
suggested that the amendment be considered by the Council for adoption prior to
final rezoning of the property.
Planner Larsen explained that under
He noted that the Planning Commission had raised the ramp
He added that
Staff
Member Smith
ProDonent Comment
Allan Hill, BTO Development, said that to expedite the.process they would like to
move forward with the rezoning request, but would not object to staff's proposal
to amend the ordinance to make construction of a ramp a conditional use.
added that he felt they had responded .to the landscaping concerns raised by the
Planning Commission. =.
He
In response to Member Rice, Mr. Hill said BTO Development would be doing the
demolition of the building and reconstruction of the parking lot.
Hospital would be closing on the property within the next 90 days and be the
owner.
Fairview
21 16 I93 102 Member Smith recalled that, when the Southdale Medical Building parking lot had
pay parking, there were many issues and concerns about pedestrians crossing West
66th Street.
crosswalk, etc. Mr. Hill said that currently 100 Fairview Hospital employees
park on the site and the hospital has a shuttle bus service in place. Although
they could not guarantee that some individual will not try to cross the street,
he pointed out that the design has been laid out with shrubbery along the France
Avenue frontage with the intent that any pedestrian would use the controlled
intersection at France and 65th Street. Attorney Gilligan interjected that the
granting of the parking setback variance could be conditioned upon continuation
of the shuttle service.
hospital utilizes the MOT right-of-way property.
He asked how the City could be insured from petitions for a
I
That condition would be in effect so long as the
Mayor Pro-Tern Kelly then asked for public comment on the proposed rezoning
request. No comment or objection was heard.
Council Action
Member Smith Bade a motion for First Reading of Ordinance No. 85042 as follous
and granting of a parking setback variance for property at 6400 France Avenue
South, conditioned on the following: 1) Amendment to Code Subsection 850.19 -
Automobile Parking District, 2) Continued use of HnDOT property, 3) Grading
pennit from Bine Mile Creek Watershed District, 4) Continuation of shuttle
service, and 5) Landscap- bond:
ORDIWHCE NO. 850-A2
BY REZOkING PROPERTY FROM PLANNED OFFICE DISTRICT (POD-1)
AH ORDINANCE AMENDING !WE ZONING 0RDINA"CE (NO. 850)
TO AmHOBIIX PARKING DISTBICT (APD)
CITY COmcIL OF THE cm OF -a, ODmS:
Section 1. Subsection 850.06 of Section 850 of the Edina City Code is amended
by adding the following thereto:
"The extent of the Automobile Parking District (APD) is enlarged by the
addition of the follouing property:
Ut 1, Block 1, SOuTHDbLE OFFICE PdaK ADDITION, except that part
thereof which lies Easterly of a line dram parallelvith and 48 feet
Westerly of the folloving described line:
Commencing at the Southeast corner of the Northeast Quarter of
Section 30, TavnSaip 28, Range 24; thence run Northerly along
Easterly line of said section for a distance of 630.60 feet;
thence deflect left at an angle of 90 degrees for a distance of
10 feet; thence deflect right at an angle of 90 degrees for a
distance of 100 feet to the actual point of beginning of the
line being described; thence deflect left along a tangential
curve having a radius of 5729.58 feet (delta angle 1 degrees 09
minutes 00 seconds) for a distance of 115 feet; thence tangent
to said curve for a distance of 84.30 feet; thence deflect
right along a tangential curve having a radius of 5729.58 feet
(delta angle 0 degrees 50 minutes 54 seconds) for a distance of
84.84 feet to the point of reverse curoe; thence Northuesterly
along said reverse curve having a radius of 123 feet a distance
of 140 feet and there terminating, according to the plat
thereof on file or of record in the office of the Registrar of
Titles in and for Hennepin County.
The extent of the Planned Office District (WD-1) is reduced by removing
the propew described above from the WD-1 District."
Section 2. This ordinance shall be in full force and effect upon its
passage and publication.
Motion was seconded by Member Rice.
Rollcall: Paulus, Rice, Smith, Kelly
First Reading granted.
2/16/93
103
FINAL DEVEMPMENT PIAN APPROVED. FOR 6975 YORK AV"OE SOUTH (SEMPER HOLDINGS -
WmmS)
file. +
Presentation bv Planner
Planner Larsen informed Council that the subject property at 6975 York Avenue
South is the site of the former KMSP Television Studios.
currently vacant and has been for some time.
Semper Holdingsflalgreens to redevelop the site as a Walgreen's Pharmacy and Food
Mart. The property is zoned Planned Commercial District (PCD-3), general retail
zoning, which covers most of the greater Southdale area including Southdale
Center. The plan submitted initially required a number of variances on all sides
of the building for the parking system. In response to staff concerns for those
variances, a revised site plan was submitted which was presented to the Planning
Commission.
setback along West 70th Street where Code would require 20 feet.
Affidavits of Notice were presented, approved and ordered placed on
The building is
A proposal has been received from
The revised plan suggests continuing the existing 16 foot parking
The current building would be razed and the site redeveloped with a one story
building containing a floor area of 13,600 square feet, with no basement.
The exterior would be comprised of stucco, split face block, face brick and
prefinished metal, all complying with ordinance standards.
Planner Larsen explained that two curb cuts exist now on York Avenue with none on
West 70th Street.
southerly one would be removed and a new curb cut would be constructed on West
70th Street.
plan:
1) Parking setback and green space are increased along York Avenue, 2) Total
parking is reduced yet still complies with Code, 3) The building is moved
northward providing more parking convenient to entrance, 4) Drive through service
for prescriptions is provided, and 5) Landscaping will be increased to Code
requirements.
The northerly curb cut on York Avenue would remain, the
In addition, the following are some improvements over the original
At its meeting of January 27, 1993, the Planning Commission recommended approval
of the revised Final Development Plan, subject to staff approved and bonded
landscaping plan.
Member Rice asked if the current zoning would allow almost any retail use except
restaurants.
a permitted use.
basis of seating.
Planner Larsen replied that it would and that a restaurant would be
Parking requirements for restaurants would be determined on the
Presentation bv Proponent
Craig Christianson, Semper Holdings, responded to Member Smith that Food Mart ,
would offer convenience foods, i,e. milk, frozen items, candy. John Kohler,
Runyan/Vogel Group, explained that total space for the Food Mart would be only a
small portion of the store and would consist of one 60 foot aisle containing one
cooler, one freezer and a food shelf.
satellite dish on the roof as on the Walgreen's at West 49 1/2 Street.
Mr. Christianson said they understood that would require a permit.
would be six foot diameter set low on the roof and would be less visible because
of the parapet wall.
Member Rice asked if there would be a
The dish
Mayor Pro-Tem Kelly noted that there was discussion by the Planning Commissioners
regarding the colored windows. Mr. Kohler then presented color renderings of the
building front and explained that the exterior materials are similar to that on
the 49 1/2 Street building.
predominate glass would be colored spandrel glass (opaque) to break up the
facade .
There would be some vision glass, but the
1.0 4
Mayor Pro-Tem Kelly
comment was heard.
2/16/93
then called for comment or objections from the public. No
Council Comment/Action
Member Paulus commented that she had received numerous calls from residents who
were displeased with the vast expanse of blue windows at the 49 1/2 Street
location and asked if there was any way to get a better looking window.
Mr. Kohler said for this building they could use a much lighter colored glass.
Planner Larsen interjected that this building would be set back 50 plus feet
while the Walgreen's at 49 1/2 Street is set back only five feet from the street.
A lighter colored glass may soften the effect further. Member Paulus reiterated
her concern about the colored glass windows proposed for the building and said
she would rather see clear glass windows than blue - it is a question of
beautification for the Southdale area. Member Rice said he concurred with the
concern of Member Paulus, but that he would not be comfortable in making a
decision whether it should be colored glass or clear glass.
Mayor Pro-Tem Kelly noted for the record that a letter had been received from
RTCD, 6921 York Avenue South, expressing some concerns about parking, landscaping
and curb cuts which she felt had been addressed by the revised plan.
Mr. Christianson interjected that the property has a deed restriction which is
controlled by the Dayton Hudson Corporation and they have consented to the use of
the property as-a Walgreen's drugstore. In response to Member Rice, he said that
all refuse storage would be handled within the building with no outside
receptacles.
Member Paula introduced the follavlng resolution and moved adoption:
RESOLUTIOH APPROVIXG FIWL DEXELOPHENT PIAH FOB
SEMPER H0LDIAGSfi.S
BE IT RESOLVED by the City Council of the City of Edina, HElinnesota, that the
Final Development Plan for Semper Holdingsflalgreens, 6975 York Avenue South,
presented at the regular meeting of the City Council of February 16, 1993, be and
is hereby approved. Member Smith seconded the motion.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Resolution adopted .
pWI;I[C HFXRIRG OH DRAINAGE. UTITJTY AND CONSEBVATIOH EAS- VACATION FOR LOT 1,
BLOCK 1. JYlX?D WHITHEY ADDITION AND LOT 1. BLOCK 1. PETER ANDREA ADDITION
COFiTJ3TJED TO 3/1/93 Affidavits of Notice were presented, approved and ordered
placed on file.
Presentation bv Engineer -
Engineer Hoffman presented the request to vacate the drainage, utility and
conservation easements on Lot 1, Block 1, Jyland Whitney Addition and on Lot 1,
Block 1, Peter Andrea Addition, generally located on Bello Drive off of Valley
View Drive.
construct one home on the two lots. Lot 1, Block 1, of the Jyland Whitney
Addition has the typical sideyard utility and drainage easement.
Block 1, Peter Andrea Addition has an unusual configuration of utility easements
placed on the lot.
result of discussions between the adjacent property owners and the developer to
protect the north edge of the lot.
The vacation request has been revised and would vacate only part of the
conservation restriction and the drainage easement along the common lot lines.
The 35 foot conservation easement along the north property line would be
retained.
building coverage when compared to independent development of the two lots.
He explained that the purchaser of the subject lots proposes to
However, Lot 1,
These easements were not required by the City but are a
If the vacation is granted, it would reduce the density and total
2/16/93
USWest, Minnegasco, Northern States Power, Paragon Cable and City Engineering
staff have no objection to the proposed vacation as revised.
In response to Member Rice, Planner Larsen said that Manager Rosland and he had
met with some of the neighbors some time ago about concerns relating to the
Jyland Whitney development.
a meeting this date with Robert Carlson, developer, and Sidney Rebers, whose
property abuts the Jyland Whitney Addition.
following was discussed: 1) Petitioner was asked to modify the vacation request
so as to leave the 35 foot conservation easement in place on Lot 1 of the Peter
Andrea Addition, 2) Developer bond to ensure that the cleanup work is done, and
3) Developer to add more screening along the common lot line, trees to be sited
to provide the most mutual screening for the existing property owners and the new
property owner.
Part of the revision resulted from that meeting and
At this meeting with staff the
Public Comment
Sidney Rebers, 6916 Dakota Trail, spoke to his letter dated February 16, 1993,
addressed to Robert Carlson, Jyland Homes, Inc. which expressed concerns relating
to the Jyland Whitney Addition development.
excess dirt piled on said subject Lot 1, removal of dirt encroaching on trees and
existing ground cover and into the drainage easement, planting of ground cover
and proposed 16 spruce trees for screening, with the request that the developer
provide bonding to ensure these issues would be resolved. Mr. Rebers presented
photos to the Council to illustrate his concerns and verbally detailed what has
happened on the development site. He stated that he had attempted to address the
issue by alerting City staff of the violations by the developer in piling dirt on
the property which has slid onto the drainage easement.
Mayor Richards last summer on two occasions about the situation.
stated that he felt the developer should take responsibility to attempt to
restore the damage that has been done to the existing trees and terrain.
Those concerns included removal of
Further, he had written
Mr. Rebers
Phil McElroy, 6912 Dakota Trail, said he agreed with Mr. Rebers that the
developer should rectify the damage done to the site and had no objection to
combining the two lots.
be built thereon. Mr. Rebers interjected that when the subdivision was approved
by the Council the building pad on'Lot 1 was shown as eight feet above the
existing terrain on the easterly side. A copy of a survey submitted by Jyland
shows that the pad will be eight feet above the existing ground but Mr. Rebers
said he was told that it may be somewhat higher - up to three feet higher.
Considering the elevation of the proposed house and the roof line there will be
over 50 feet of building mass equivalent to a five story building.
However, another concern is the height of the house to
Member Rice asked Mr. Rebers if he was contending that someone had "dropped the
ball" because the developer had not adhered to the terms of the developer's
agreement.
dirt which was piled on the site was not adequate to sustain the dirt away from
the trees and, in particular, out of the drainage easement. He added that,
while it is an unusual request to ask for a bond, the net effect will be to take
the burden off the City staff to supervise this restoration work until completed
satisfactorily.
when the subdivision was proposed.
density for the property.
Mr. Rebers submitted that the developer's attempts to withhold the
Member Rice said his recollection was that density was the issue
The proposed vacation would result in less
Member Smith asked if the developer was present to respond to the issues that has
been raised. Planner Larsen said that Robert Carlson was present.
Developer Comment
Robert Carlson, Jyland Homes, explained that they stored dirt within their site
to use as fill for the next home to be built. They responded to calls from City
21 16/93 106
staff about the dirt by installing silt fences according to instructions from
staff.
dirt during a heavy rain.
In response to comments made about the height of the proposed house, Mr. Carlson
stated that it would be a three story home requiring no variances. Member Smith
asked if it would be 50 feet in height.
exact dimensions but it could be that high to the centerpoint of the hip roof.
He added that silt fences are not retaining walls and will not hold back
Mr. Carlson said he did not remember the
Member Rice asked Mr. Carlson what he intended to do about the dirt. In
response, Mr. Carlson said that he had agreed with Mr. Rebers to hand clean up
the silt in the drainage easement.
if this was not covered under the bond for the original development plan.
Council Action
Member Snith made a Potion to continue the public hearing on the proposed
vacation of easements on Lot 1, Block 1, Jyland Uhitney Addition and Ut 1,
Block 1, Peter Andrea Addition, to March 1, 1993, and to direct staff to bring
back additional information and recommendation to resolve the issues that have
been raised.
Further, that he would agree to post a bond
Motion was seconded by Member Rice.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
ORDINANCE NO- 1993-2 (TO R?CREXSE TOBACCO SAX33 LICENSE FEE) ADOPTED ON SECOND
READING Sanitarian Velde reminded Council that on February 1, 1993, Council gave
Ordinance No. 1993-2 First Reading and directed staff to notify all 36 tobacco
license holders about the proposed license fee increase. On February 2, 1993,
letters were sent advising licensees about the fee increase and explaining the
purpose of the increase.
comments in writing or attend the City Council meeting on February 16, 1993, to
express their comments. Letters of objection were received from H & D
Merchandising, 5500 Wayzata Boulevard, Golden Valley, MN; Fina Oil and Chemical
Company, 2020 Silver Bell Road, Eagan, MN; and Southdale Sinclair, 6996 France
Avenue South, Edina, MN.
The license holders were advised to either submit their
Public Comment
Curt Hort, H & D Merchandising dba/Dale Center Shop, 6700 France Avenue
(Southdale Office Center) noted that while this is a worthwhile endeavor, small
business owners would be penalized by the license fee increase.
that his shop is in an office center and is seldom frequented by young persons.
Employees are strictly encouraged to enforce the age limit on any person of
questionable age attempting to purchase tobacco.
underage person wanting cigarettes would get them regardless.
Council delay action and look at other ways to finance the on site monitoring.
Louise Davis, H & D Merchandising President, commented that they have locations
in office buildings in St. Louis Park, Golden Valley, Plymouth, and Minneapolis.
Nearly 100 percent of their clientele are adults working in the buildings.
their sales meetings they always discuss selling cigarettes to underage patrons.
She said license fees in other communities run from $12.00 to $25.00. Ms. Davis
suggested that fines for violation be raised instead.
He explained
Mr. Hort submitted that any
He asked that the
At
Council Comment/Action
Member Paulus said she sees this fee much like the liquor license fee where there
is no discrimination between large or small restaurants.
fee is based on the cost to implement the monitoring program.
is a privilege to sell tobacco and if a merchant feels that the cost is too great
they may decide not to sell tobacco.
should not be sold to minors and while this may not deter some minors from
The proposed license
Further, that it
The message loud and clear is that tobacco
21 15 /93
r ,107
obtaining cigarettes it also sends them the message.
Member Smith commented that he was surprised that more were not present to
testify. He said that, although he believed the monitoring costs should be
collected from the licensees and not the general taxpayers, he suggested that the
Council consider the license fee be set at $150.00. I
Member Rice said that, while this may be onerous to small businesses such as that
of Mr. Hort and Ms. Davis, the community has spoken loudly that it wants more
stringent controls over tobacco sales to minors.
monitoring of tobacco sales was a recommendation of the Community Health Services
Advisory Committee and he would support Second Reading of the ordinance.
He pointed out that the
Member Paulus moved Second Reading and adoption of Ordinance 1993-2 as follows:
ORDINANCE NO. 1993-2
AN ORDINANCE AMENDING SECTION 185 OF THE CITY CODE
TO INCREASE THg FEE FOR TOBACCO SALE LICENSES
The following described fee of Schedule A to Section 185 of the
THE CITY COUNCIL OF THE CITY OF EDIW ORDAINS:
City Code is amended to read as follows:
1325 1325.03 Tobacco Sale License $250.00/location 280
Section 2.
and publication.
Section 1.
- SEC. SWSEC. PURPOSE OF FEE/CHABGE AMOUN!l! FEE NO.
This ordinance shall be in full force and effect upon passage
City Clerk
Motion was seconded by Member Rice.
Member Smith then offered an amendment to the motion setting the fee for Tobacco
Sale License at $150.00 per location. Motion failed for lack of second.
Tim Murphy, owner of service stations at 54th/France and on Vernon Avenue, said
he holds a tobacco license at only one location. While he is a strong advocate
of no smoking his customers want the convenience of buying cigarettes when they
buy gas.
the fee is increased to $250.00 he would not carry a tobacco sale license.
He suggested that there be an accommodation for the small seller and if
Mayor Pro-Tem Kelly offered an amendment to the motion that the Council evaluate
the monitoring program and the tobacco sale license fee in one year. Motion was
seconded by Member Smith.
Ayes: Rice, Smith, Kelly
Nays: Paulus
Motion amended.
Mayor Pro-Tem Kelly then called for vote on the motion on the floor as amended.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly.
Ordinance adopted.
*BID AWARDED FOR NORMANDALE GOLF COURSE DREDGING
and was seconded by Member Paulus for award of bid for Normandale Golf Course
dredging to recommended low bidder, Perkins Construction, at $7,800.00 or $3.90
per cubic yard.
Motion was made by Member Rice
Motion carried on rollcall vote - four ayes.
10 2/16/93 8 TRAFFIC SAFETY COMMIXTEE l4INUTZS OF 2/9/93 APPROVED
reviewed the discussion that occurred at the Traffic
February 9, 1993.
Engineer Hoffman
Safety Committee
briefly
meeting
I Member Rice =de a motion to approve the follonlng recommended action listed in
Section A of the Traffic Safety committee lllmttes of February 9, 1993:
I) Relocate "NO PARKING HERIS TO CORNER" signs for eastbound West 50th Street,
fifty feet rest of Bruce Avenue, and to install "NO PARKING HERE TO CORNER" sign
for northbound Bruce Avenue thirty feet from "STOP" sign;
2) Sign the crosswalk on eastbound West 72nd Street at Oaklawn, and to install
school zone and child/pedestrian signs at southbound Oaklawn Avenue and
northbound Oaklarn in the vicinity of Fondell Drive;
and to acknowledge Sections B and C of the Minutes.
Member Smith.
Motion was seconded by
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
ON-SALE VIHE TJCENSE AND 3.2 BEER LICENSE APPROVED FOR RUBY TUESDAY RESTAURANT
11656 SOUTHDAIX CwTEal Assistant Manager Hughes informed Council that Morrison,
Tnc., dba Ruby Tuesday, has applied for an On-sale Wine License and a 3.2 Beer
License. This is a new restaurant located at 1656 Southdale Center opening in
mid-March.
Planning Departments and all necessary investigations completed.
approves issuance of the licenses the required documents would be sent to the
State Liquor Control Board for approval.
Member aice made a motion to approve issuance of an On-sale Wine License and a
3.2 Beer License to Morrison, Inc., dba Ruby Tuesday. Motion was seconded by
Member Smith.
The applications have been reviewed by the Police, Health and
If Council
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
*1993 LABOR CORTRACT APPROVED - TEAMSTERS TBCAL 320 (PATROL OFFICERSl Motion Y~S
made by Member Rice and vas seconded by Member Paulus to approve the 1993 Labor
Contract - Teamsters Local #320 for Patrol Officers which was negotiated as
follows: 1) Wages - 3% increase, 2) Health insurance contribution - $10.00 per
month, 3) Raise pay for investigators and tralning officers $50.00 per month, and
4) Provided for contract language for sick leave usage; and for Public Safety
Dispatchers and CSO's which vas negotiated as follows: 1) Wages - 3%, 2) Increase
employer's contribution for health benefits $10.00 per month, 3) Clarified
contract in the areas of holidays and overtime.
Motion carried on rollcall vote - four ayes.
HUMAN REIATIONS coHwI[ssroN's RECOMMENDATION ON mnm RIGHTS CODE TO BE DISCUSSED
IN MARCH Member Smith said he asked that this agenda item be removed from the
Consent Agenda because he did not understand the Commission's request concerning
their recommendation on the Human Rights Code.
that the Commission would like to discuss their recommendation again at its
meeting in March before bringing the matter to the Council.
Mayor Pro-Tem Kelly clarified
Member Smith made a motion to defer discussion on the Commission's recommendation
relating to the Minnesota Human Rights Code until after the Commission holds its
meeting inHarch.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
Motion was seconded by Member Rice. I *ASSISTANT VED INSPECTOR APPOIRTlplD Motion was made by Member Rice and was
seconded by Member Paulus appointing bell McCarthy as the Assistant Weed
Inspector for 1993.
2/16/93 109
Motion carried on rollcall vote - four ayes.
*PETITION RECEIVED: €JEARING DATE OF 3/15/93 SET FOR VACATION OF SUMMIT AVENUE
Motion was made by Member Rice and was seconded by Member Paulus for adoption of
the following resolution:
RESOLUTION CALLING FOR PUBLIC HEARING ON
STREET VACATION
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota, as follows:
1. It is hereby found and determined after receipt of the petition of the owner
of the land affected thereby that the following described easement for public
right of way purposes should be considered for vacation, in accordance with the
provisions of Minnesota Statutes, Sections 412.851 and 160.29:
I
That part of Summit Avenue as dedicated in the plat of Grand View Heights,
according to the recorded plat thereof, Hennepin County, Minnesota,
described as follows:
That part of Summit Avenue lying South of the North line of Lot 6,
Block 4, GRAND VIEW HEIGHTS and North of County Road No. 158 (Vernon
Avenue).
2. This Council shall meet at the time and place specified in the form of notice
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun Current, being the official newspaper of the City, the first publication at
14 days prior to the date of such hearing and to post such notice, at least 14
days prior to the date of such hearing, in at least (3) public and conspicuous
places within the City, as provided in Minnesota Statutes, Section 412.851. Such
notice shall be in substantially the following form:
NOTICE OF PUBLIC HEARING
ON VACATION OF EASEMENT FOR STREET PURPOSES
IS THE CITY OF EDINA
HE@lNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801 U. 50th Street on
March 15, 1993, at 7:OO P.M., for the purpose of holding a public hearing on the
proposed vacation of the following:
That part of Summit Avenue as dedicated in the plat of GRAND VIEW HEIGHTS,
according to the recorded plat thereof, Hennepin County, Minnesota,
described as follows:
That part of Summit Averme lying South of the North line of Lot 6,
Block 4, GRAND VIFX HEIGHTS and North of County Road No. 158 (Vernon
Avenue).
All persons vho desire to be heard vith respect to the question of whether or not
the above proposed street vacation is in the public interest and should be made
shall be heard at said time and place. The Council shall consider the extent to
which such proposed street vacation affects existing streets within the area of
the proposed vacation and the extent to which the vacation affects the authority
of any person, corporation, or municipality owning or controlling electric,
telephone or cable television poles and lines, gas and sever lines, or water
pipes, mains, and hydrants on or under the area of the proposed vacation, to
continue maintaining the same or to enter upon such street area or portion
thereof vacated to maintain, repair, replace, remave, or otherwise attend
thereto, for the purpose of specifying, in any such vacation resolution, the
extent to which any or all of any such easement, and such authority to maintain,
and to enter upon the area of the proposed vacation, shall continue.
BY ORDEB OF THE EDINA CITY COUNCIL
Motion carried on rollcall vote - four ayes.
11 0 2/16/93
*PETITION RECEIVED: EEARR?G DATE OF 3/1/93 SET FOR AQUATIC WEED TREA!MENT OF
ARROUEEAD IAKE Motion was made by Member Rice and vas seconded by Member Paul-
for adoption of the follaving resolution:
RESOUPTION CATLING FOB PWLIC HEARING
1. The Assistant City Manager, having submitted to the Council a preliminary
report as to the feasibility of the proposed Aquatic Weed Treatment and as to the
estimated cost of such improvement, said report is hereby appraved and directed
to be placed on file in the office of the City Clerk.
2. This Cotmcil shallrneet on Monday, March 1, 1993, at 7:OO P.H. in the Edina
City Hall, to consider in public hearing the views of all persons interested in
said improvaents .
3.
place and purpose of said neeting and to Pail notice to all affected properties
in substantially the following form:
FOB CHEMW TBEhTLIwT OF ARROWHEAD LBKE
The City Clerk is hereby authorized and directed to cause notice of the time,
BOTICE OF PWLIC HEARING
AQUATIC WEED ml!HEHT - ARROUHEAD TAKE
The Edina City Council recently received a request from the Arrowhead Iake
Improvement Association to undertake the chemical treatment of Arrowhead Iake for
aquatic veeds during this summer and to spread the cost of such treatment against
all homes adjoining the lake. Prior to ordering this vork, the City Council will
conduct a public hearing on Monday, March 1, 1993, to receive any testimony
concerning this treatment program.
Edina City Hall, 4801 West 50th Street.
that your property is among those that may be assessed for the work.
The hearing vi11 be held at 7:OO P.M. at
The receipt of this notice indicates
The estimated cost for this vork is $5,000.00.
cost for each lakeside home-would be approximately $162.00.
If the work is ordered by the Council, treatment vould occur in early summer.
Bills vould be sent to homeowners in the autumn.
levied as a special assessment payable with 1994 property taxes.
If this wrk is ordered, City staff would work with the Iake hprovement
Association to undertake similar treatments in future years.
Based upon this estimate, the
I Those bills not paid would be
Please forward any comments or suggestions to the City Council in care of City
Hall prior to the public hearing or be present at the hearing itself.
contact me if you have any questions concerning the treatment program.
BY ORDER OF TEE EDIHh CITP COUNCIL.
Please
Motion carried on rollcall vote - four ayes.
*PETITION RECEIVED: EEARJXG DATE OF 3/15/93 SET FOR ATJJtY VACATION (ERfXE -$izlm>
HEIGHTS1 Motion was made by Meraber Rice and vas seconded by Member Paul= for
adoption of the folloving resolution:
RESOLUTION CATLING FOB PUBLIC HEARING ON
ALLEt VACATION
BE IT RESOLVED by the City Council of the City of Edina, Hennepin county,
Minnesota, as follovs:
1. It is hereby found and detenained after receipt of the petition of the mer
of the land affected thereby that the following described easement for public
right of vay purposes should be considered for vacation, in accordance with the
provisions of Minnesota Statutes, Sections 412.851 and 160.29:
That part of public alley as dedicated in the plat of BROOKSIDE HEIGHTS,
according to the recorded plat thereof, Hennepin County, Minnesota,'
described as follovs:
That part of public alley 'lying South of Iots 1 and 2, Block 5, BROOKSIDE
HEIGHTS, and lying Westerly of ]Lots 3 through 11, Block 5, BROOKSIDE
HEIGHTS.
2/16/93
r Ill:
2. This Council shall meet at the time and place specified in the form of notice
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun Current, being the official newspaper of the City, the first publication at
14 days prior to the date of such hearing and to post such notice, at least 14
days prior to the date of such hearing, in at least (3) public and conspicuous
places within the City, as provided in Minnesota Statutes, Section 412.851.
notice shall be in substantially the folloving form:
I
Such
NOTICE OF PUBLIC EEMJXG
ON VACATION OF EASEMENT FOR AXLEY PUBPOSES
IN THE CITP OF EDIHLL
HENIQEPIN COUPJTP, MINNESOTA
NOTICE IS HEBEBY GIVEN that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on
March 15, 1993, at 7:OO P.M., for the purpose of holding a public hearing on the
proposed vacation of the following easement for alley purposes:
That part of public alley as dedicated in the plat of BROOKSIDE HEIGHTS,
according to the recorded plat thereof, Hennepin County, Minnesota,
described as follovs :
That part of public alley lying South of Lots 1 and 2, Block 5, BROOKSIDE
HEIGHTS, and lying Westerly of bts 3 through 11 and Block 5, BROOKSIDE
HEIGHTS.
AJ.1 persons who desire to be heard with respect to the question of whether or not
the above proposed easement vacation is in the public interest and should be made
shall be heard at said time and place. The Council shall consider the extent to
vhich such proposed easement vacation affects existing easements within the area
of the proposed vacation and the extent to which the vacation affects the
authority of any person, corporation, or municipality aming or controlling
electric, telephone or cable television poles and lines, gas and sever lines, or
vater pipes, mains, and hydrants on or under the area of the proposed vacation,
to continue maintaining the same or to enter upon such easement area or portion
thereof vacated to maintain, repair, replace, remove, or otherwise attend
thereto, for the purpose of specifying, in any such vacation resolution, the
extent to which any or all of any such easement, and such authority to maintain,
and to enter upon the area of the proposed vacation, shall continue.
BY ORDER OF THE EDIXA CITY COUNCIL.
Motion carried on rollcall vote - four ayes.
1-494 CORRIDOR COMMISSION MEETING DBTE SET OF 3/2/93 FOR TRAVEL DEMAND WAlruGEHEA"
<TDM) ORDIJ!?ANCE Assistant Manager Hughes informed Council that the 1-494
Corridor Commission has set a meeting date of March 2, 1993, (7:30 - 9:00 A.M.)
at the Decathlon Club, for all elected officials of member cities. The meeting
will be a briefing of a model Travel Demand Management (TDM) Ordinance.
CREEK WATERSHED DISTRICT APP0I"TS DISCUSSED Assistant Manager
Hughes recalled that at the February 1, 1992, meeting the Council received a
request from Don Hassenstab, a Richfield resident, requesting endorsement by the
Cbuncil for his appointment to the Board of Managers of the Minnehaha Creek
Watershed District.
applied for appointment to the Board of Managers.
At that time, Council inquired if other individuals had
In addition to Mr. Hassenstab, the following had applied for appointment: Robert
Spensly (incumbent), Minneapolis; Robert Erickson (incumbent), Wayzata; Pam
Blixt, Minneapolis; Robert Mueller, Plymouth; Martha Hartfield, Long Lake; and
Jonathon Smith, Spring Park.
Board.
appointment of Pam Blixt of Minneapolis and Martha Hartfield of Long Lake.
Richard Miller of Edina is currently serving on the
Assistant Manager Hughes said he had received notification today of the
2/16/93
*CLAIMS PAD
approve payment of the follorlng claims as shavn in detail on the Check Register
dated February 10, 1993, and consisting of 25 pages; General Fund $242,779.60;
CDBG $6,266.66; Cable $495.00; Working Capital Fund $7,240.11; Art Center
$5,826.26; Pool $131.39; Golf Course $217,565.70; kena $17,485.82; Gun Range
$1,567.33; Edinborough/Centennial Lakes $23,677.75; Utilities $34,696.03; Storm
Sewer $1,946.70; Recycling $37,998.36; Liquor Dispensary $91,224.18; IMP Bond
Redemption #2 $692.50; TOTAT.. $689,593.39; and for confirmation of payment of the
following claims as shcnm in detail on the check register dated February 5, 1993,
and consisting of 12 pages; General Fund $197,403.56; Liquor Dispensary
$200,950.49; Golf Course $24,130.00; TOTAL $422,484.05.
Motion vas made by Henber Rice and vas seconded by Member Paulus to
I
Motion carried on rollcall vote - four ayes.
There being no further business on the Council Agenda, Mayor Pro-Tern Kelly
declared the meeting adjourned at 9:45 P.M.
City Clerk