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HomeMy WebLinkAbout19930405_regular- 137 xl3llTm OF THE BEGUIAR MEETING OF THE EDIHh CITY COUNCIL BELD AT CITY APRIL 5, 1993 R0I;LCAI;L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. I CONSENT AGENDA ITEMS APPROVED by Member Smith to approve and adopt the Council Consent Agenda items as presented. Motion was made by Member Kelly and was seconded Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. W4INUTES OF REGmAB MEETING OF MARCH 15. 1993. APPROVED Motion vas made by Member Kelly and vas seconded by Member Smith to approve the Minutes of the regular meeting of March 15, 1993. Motion carried on rollcall vote - five ayes. FINAL DEVELOPMEKC PLAN APPROVED - MURPHY AUTOMOTIVE (5100 =ON AVENUE) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen informed Council that the subject property, 5100 Vernon Avenue, is located on the north side of Vernon Avenue and immediately west of Summit Avenue. developed with a automobile service center (Union Oil station). sells gasoline and related products and has four service bays. Tim Murphy, owner of the property has submitted a petition to completely redevelop the site as an automobile service center with no gasoline sales. The redeveloped facility would have eight service bays, two express lube and oil bays, a car wash and a showroom office area. It is zoned PCD-4, Planned Commercial District and at present is The facility The proposal was considered on two occasions by the Planning Commission. February 24, 1993, the Commission voted to approve the Final Development Plan subject to a revised landscaping plan. On March 31, 1993, the proponent presented a modified landscaping plan which the Commission approved. On Planner Larsen pointed out that the redevelopment proposal is linked to a request to vacate a portion of Summit Avenue adjacent to the site, which vacation request is on the Council agenda this date. the subject north property line was vacated in 1984 to allow development of the Summit Point Apartments and Interlachen Point townhouses. stated that the adjacent property owner to the east has agreed to transfer the east one-half of the right of way. The portion of Summit Avenue lying north of The proponent has Staff would recommend vacation of the street subject to conditions contained in the City Engineer's report: 1) private cross easements for adjacent properties to north and east, and 2) maintenance of public safety and pedestrian access to Summit Point. Currently, by agreement with the City, Summit Point is responsible for maintaining this section of Summit Avenue. Summit Point from this obligation transferring responsibility to the owner of the subject property who would receive the vacated property. Staff would recommend releasing The original plan provided 50 parking spaces around the perimeter of the site. The Commission felt there was inadequate landscaping with too much asphalt, and that the seven parking spaces parallel to Vernon Avenue be eliminated because parking was over code. The revised plan does eliminate the seven parking spaces 138 4.15193 adjacent to Vernon Avenue and replaces those with landscaping materials. addition, it eliminates two parking spaces along the westerly side of the property; one would preserve an existing tree while the other would provide space for new landscape materials. Also, six spaces east of the service bays have been removed to create a landscaped island with a sidewalk along the easterly side of the island to allow pedestrian access from Summit Point and the townhouses to the north. screening for the single family homes to the west. The fence is illustrated as a saw tooth fashion to give some relief to the "long wall" look. landscaping improvements would reduce the number of parking stalls to 33, a 10 space parking quantity variance is required. In A privacy fence is proposed along the west property line to provide Because the Planner Larsen advised Council that the modified plan has been reviewed and approved by the Fire Department as to emergency vehicle access for residents of Summit Point. The Planning Commission would recommend approval of the proposed Final Development Plan as modified, subject to a Proof of Parking Agreement. Member Rice asked if cars would need to cross the sidewalk to enter the car wash and what the parking requirements were for the car wash. responded that, if there were a line, cars would have to cross the sidewalk. He clarified that there are no parking space requirements for a service bay but four stacking spaces are required for the accessory car wash. Member Rice then asked about trash storage and signage. Planner Larsen said that trash storage would be in the northwest comer of the property and that full screening would be required. He said that Tim Murphy, the proponent, was present and could explain the proposed signage. Planner Larsen Member Smith asked about noise affecting Summit Point residents when trash is picked up and who proposed vacating Summit Avenue. no Summit Point apartments orient to the south and the proposed vacation of Summit Avenue initiated with the proponent. Planner Larsen explained that Presentation bv ProDonent Tim Murphy, proponent, clarified that after consulting with staff he decided to move the free standing sign back along side the building. will have three panels: 1) Texaco emblem at the top, 2) panel reading 'Express Lube', and 3) a changeable reader board at the bottom. Total square footage for the sign is well within allowed maximum. The one-sided sign Regarding car wash stacking, Mr. Murphy explained the existing Summit Avenue will be utilized accommodating five vehicles. The trash storage area will be concrete brick to match the building and will be relatively large because of tire storage. Projected trash pick-up would be weekly at a maximum. Public Comment Joan Lonsbury, 5904 Drew Avenue South, informed Council that she is on the Board of Directors for Summit Point Apartments, the HUD project built by the City of Edina and the Edina churches in 1986. She spoke to her letter of February 25, 1993, which expressed concern about removal of the sidewalk and safety of the residents who need to walk down Summit Avenue and along Vernon Avenue. Lonsbury said she was unclear how the proposed vacation would affect the agreement with the City dated July 2, 1986, concerning Summit Avenue. Planner Larsen interjected that under the agreement Summit Point was responsible for maintaining the section of Summit Avenue which lay south of their property line. Ms. Mayor Richards explained that if the vacation is approved, it would require the transfer of that obligation from Summit Point to the property owner who would acquire the street right of way. Nothing would change concerning the rights of public pedestrian ingress/egress. Ms. Lonsbury pointed out that because of their 4/5/93 139 involvement with HUD she wanted to be sure that this would somehow be in writing. Bob Faloon, member of Board of Directors for Summit Point, expressed thanks for the cooperation of everyone involved with this proposal. like to be involved with aspects of the fence and the landscaping adjacent to Summit Point Apartments. fence but that he would be open to any suggestions. Mayor Richards commented that the Board should come to a consensus on the issues of the fence height and the trees. He said the Board would Mr. Murphy said that the current plan shows a six foot I Member Rice made a motion for adoption of the following resolution, subject to a Proof of Parking Agreement incorporating screening requirements for the adjacent property to the north (Summit Point Apartments): RESOUJTION APPROVING FINAL DEVEIX)PHEN!C PLAN FOR HURPJlY AUTOMOTIVE BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Murphy Automotive, 5100 Vernon Avenue, presented at the regular meeting of the City Council of April 5, 1933, be and is hereby approved. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOUPTION ADOPTED GRANTING PRELIMINARY AND FINAL PUT APPROVAL FOR JyLAlllD DENNIS ADDITION Presentation bv Planner Planner Larsen recalled that on March 1, 1993, the Council granted the vacation of the common lot easement and partial vacation of a conservation easement for Lot 1, Block 1, Jyland Whitney Addition and Lot 1, Block 1, Peter Andrea Addition, subject to certain conditions. lots be combined to make one lot. development of the properties with a single home building site. One of the conditions was that the two The purpose of the vacation was to allow the Although the combination of properties is procedurally treated as a lot division, the result would be a new single lot plat. home were removed or destroyed only one home could be rebuilt; it would not revert to two building sites. been issued, all other conditions to the vacation imposed by the Council have been met. Staff would recommend approval of the lot division that would result in a single lot plat. plat form. If at some time in the future the With the exception that a building permit has not Planner Larsen advised that the plat presented is in final Member Smith asked how the City could be sure that the home is constructed at existing ground levels. be exactly as they exist now in raw condition. the ultimate grades through the land alteration permit process. Planner Larsen explained that finished grades would not The City would have control over Mayor Richards then called for comment by the proponent or the public. comment or objection was heard. No Member Smith made a motion to grant preliminary plat approval for the Jyland Dennis Addition. Member Kelly offered an amendment to the motion to grant preliminary and final plat approval as follows: Motion was seconded by Member Rice. RESOUJTION GRANTING -Y AND FINAL PLAT APPROVAL FOR JYIAND DENNIS ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that I 140 4/5/93 certain plat entitled nJYiAHD DENNIS ADDITIONn, platted by John Dennis and Maqame Dennis, husband and wife, and Norwest Bank Minnesota, National Association, and presented at the regular meeting of the City Council of April 5, 1993, be and is hereby granted preliminary and final plat approval. Motion was seconded by Member Rice. . Mayor Richards called for vote on the motion to amend. Ayes: Kelly, Paulus, Rice, Richards Nays: Smith Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Mayor Richards then called for vote on the main motion as amended. PWLIC HEARING CONDUCTED: YEAR XIX CDBG PROGRAM BUDGET APPROVED Affidavits of Notice were presented, approved and ordered placed on file. notice having been given, a public hearing was conducted on the Community Development Block Grant (CDBG) Program for Year XIX. Pursuant to due Planner Larsen stated that for Year XIX, Hennepin County has been allotted $3,327,000 of which $178,458 is allocated to Edina. 18% increase over Year XVIII attributed to the utilization of 1990 Census data. On March 23, 1993, Planning staff presented a proposed budget to the Human Relations Commission. staff to research the distribution of the Day Care Subsidy funds for future years. Years XVII and XVIII day care funds remain unspent, yet 32 Edina residents are on the waiting list to receive day care subsidy. Rehabilitation of Private Property $ 40,000 Removal of Architectural Barriers 100,766 Household and Outside Maintenance for This allocation reflects an The Commission recommended approval but asked the Planning Of particular concern to the Commission was the fact that $12,567 of The proposed budget includes: PROJECT BUDGET Adaptive Recreation 2,000 Day Care Subsidy 10,000 the Elderly (H.O.M.E.) 24,074 C.A.S.H. HOME Line 1.618 TOTAL $178,458 Rehabilitation of Private Property - Support to single family property owners for rehabilitation projects who qualify on an income basis. Removal of Architectural Barriers - Work is continuing within the City to remove architectural barriers to include: 1) accessible walkways and entrances to public facilities, e.g. the Historic Center, the Vernon Avenue Liquor Store, Golf Dome, and the Fire Station, 2) to remove accessibility barriers by working with play equipment, drinking fountains, existing rest rooms at Highlands Park, Wooddale Park, Lake Edina Park and Normandale Park, and 3) signage to identify rest rooms and public facilities. Work is continuing also on access curb-cuts throughout the City. Adaptive Recreation - The proposed amount for Adaptive Recreation's sign language interpreter was reduced as the demand was less than previously budgeted. Household and Outside Maintenance for the Elderlv (H.O.M.E.) - Proposed budget for H.O.M.E. is at a level less than was requested ($26,700) but reflects a $2,074 increase. Dav Care Subsidy - The proposed budget reflects a $1,818 increase for the Day Care allotment which was cut nearly 50 percent (to $8,181) in year XVIII. C.A.S.H. HOME Line - A new program applicant is requesting $1,618 to service Edina's portion of their HOME line program (renter assistance). The proposed budget for these three service agencies (H.O.M.E., Day Care Subsidy and C.A.S.H. HOME Line) total $35,692. Planner Larsen noted that the Day Care 4/5/93 941 Subsidy program is handled through Greater Minneapolis Day Care. been appointed through South Hennepin Human Services that will examine this on a multi-community basis within the next year. A committee has Planner Larsen responded to Member Kelly that funds allocated to the Rehabilitation of Private Property for Year XVIII will be expended by July 1, 1993. He explained that people learn of the program from the Sun-Current, by word of mouth, and Scouts have delivered flyers to homeowners targeting a certain area. Grace Norris, Greater Minneapolis Day Care Association, thanked Council for their continued financial support in helping families move towards self-sufficiency. Currently five Edina families are receiving help and 36 are on a waiting list for funding either by Edina as an interim step and then with Hennepin County. Ms. Norris briefly explained how the system works and the costs for day care, Member Paulus said her concern was that Edina families be moved along at the same rate as families from other communities. Sharon Johnson, Executive Director of C.A.S.H., expressed appreciation for Year XIX funding. She said they are an anti-poverty agency serving all Hennepin suburbs and work closely with SHeRPA and other human service organizations. focus of C.A.S.H. has been in meeting a growing need for affordable housing in the suburbs, not with funding, but with finding a logical solution to a housing problem. to date, 74 of which were from Edina residents. In November, they began a home foreclosure prevention program and have received approximately 100 calls, four from Edina. The HOME Line was opened in January 1992, and has received over 3,000 calls Member Smith introduced the following resolution and moved its adoption: RESOUPTION APPROVII?G PROJECTED USE OF FUNDS COMMUNITY DEVELO- BLOCK GRANT PROGRAM FOR 1993 (YEAR XIX) OF THE URBAN HEFINEPIN COUNTY -, the City of Edina, through execution of a Joint Cooperation Agreement vith Hennepin County, is cooperating in the Urban Henneph County Community Development Block Grant (CDBG) Program; and FJHEBEbs, the City of Edina has developed a proposal for the use of Urban Hennepin County CDBG funds made available to it, and held a public hearing on April 5, 1993, to obtain the views of citizens on local and urban Hennepin County housing and community development needs and the City's proposed use of $178,458 from the Year XIX Urban Hennepin County CDBG. BE IT RESOLVED that the City Council of Edina approves the following projects for funding from the Year XIX Urban Hennepin County CDBG program related and applicable program income yd authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XIX Urban Hennepin County CDBG Program Statement of Objectives and Projected Use of Funds: PROJECT BUDGET Rehabilitation of Private Property Removal of Architectural Barriers Household and Outside Maintenance for $ 40,000 100 * 766 Adaptive Recreation 2 , 000 24 , 074 Day Care Subsidy 10 * 000 C.A.S.H. HOME Line 1.618 TOTAL $178 , 458 ADOPTED this 5th day of April, 1993. Motion for adoption of the resolution was seconded by Member Kelly. the Elderly (H.O.M.E.) Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. 142 4/5/93 BOTIFICATION GIVEIU OF HOHART DEVELOPMENT PROPOSAL IlU BLOOHIHG'IQN Planner Larsen reminded Council that the 1985 Settlement Agreement with Homart Development Company required that the City be notified of additional development on the Homart site in Bloomington (Minnesota Center). The City has received a site plan which proposes a 136,000 square foot retail center as an interim use for the property. The proposed development is well below the 2,550 P.M. peak trips limit contained in the Agreement. No action required by the Council. *HEARING DATES SET FOR PIA"G HATERS Motion was made by Member Kelly and was seconded by Member Smith setting April 19, 1993, as hearing date for the following planning matters: 1. 2. Prel- Plat Approval - Zuppkemd 2nd Addition, Lot 3, Block 1, Zuppkewod (5316 Blake Road). Rezoning and Comprehensive Plan Amendment - Planned Industrial District to PCD-2, Planned Commercial District - Plan Designstion from Industrial to Commercial (Leuis/Kunz Oil Property). Motion carried on rollcall vote - five ayes. RESOLUTION ADOPTED VACATIXG SUMMIT AvEEmE (PORTION LYING SOUTH OF BORTH LINE OF LOT 6. BLOCK 4. GRAND VIEW HEIGHTS) Affidavits of Notice were presented, approved and ordered placed on file. Planner Larsen stated that the proposed vacation of Summit Avenue (portion lying South of North line of Lot 6, Block 4, Grand View Heights) should be considered in conjunction with the Final Development Plan for Murphy Automotive, 5100 Vernon Avenue. The only remaining public portion of Summit Avenue extends from the north line of the Murphy Automotive property to its intersection with Vernon Avenue. Staff would recommend vacating this portion of Summit Avenue subject to: 1) private cross easements for adjacent properties to the north and east, and 2) maintenance of public safety and pedestrian access to Summit Point Apartments, and 3) release of Summit Point Apartments from its current responsibility for maintaining this section of Summit Avenue. Member Rice introduced the following resolution and moved adoption as follows, subject to: 1) private cross-easements for adjacent properties to the north and east, 2) maintenance of public safety and pedestrian access to Summit Point Apartments, and 3) release of Sunrmit Point Apartments from its responsibility for maintaining this section of Summit Avenue: BeSOLllTION VACATING SUMMIT AVENUE WHEREAS, a resolution of the City Council, adopted the 16th day of February, 1993, fixed a date for a public hearing on a proposed,vacation of Summit Averme: VHEBEbs, tvo reeks' published and posted notice of said hearing vas given and the hearing vas held on the 5th day of.Apri1, 1993, at which time all persons desiring to be heard uere given an opportunity to be heard thereon: and WHERE3S. the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WHERE3S. the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipaliw cnming or controlling electric, cable, or telephone poles and lines, gas and sever lines, or uater pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such street/easement or portion thereof vacated to maintain, repair, replace, remove, or otheruise attend thereto: BOW, !LTEREFORE, BE IT BESOLVED by the Ciw Council of the City of Edina, Hermepin County, Hinnesota, that the folloving described street is hereby vacated I 4/5/93 143 effective as of according described That part April 6, 1993: of Summit Avenue as dedicated to the recorded plat thereof, as follows: in the plat of GRAND VIEW HEIGHTS, Bennepin County, Minnesota , That part of Summit Avenue lying South of the North line of Tat 6, Block 4, GRAND VIEW HEIGHTS and North of County Road No. 158 (Vernon Avenue). The Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed uith the County Recorder in accordance with Minnesota Statutes, Section 412.051. Motion was seconded by Member Kelly. (Resolution rescinded - see Council Ninutes of February 6, 1995.) Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. RESOLUTION ADOPTED VACATING ALLEY SOUTE OF LOTS 1 AND 2. BMCK 5 AND VEST OF MTS 3 THRU 11. BLOCK 5. BROOKSIDE HEIGHTS Affidavits of Notice were presented, ' approved, and ordered placed on file. Presentation bv Engineer Engineer Hoffman recalled that the Council heard the petition to vacate the alley south of Lots 1 and 2, Block 5, and west of Lots 3 thru 11, Block 5, all in Brookside Heights on March 15, 1993. been improved. normal width but has existing power line poles. Paragon Cable have asked the right to service and maintain their lines located on the north/south alley portion. The request was initiated by the City because the land strip has been subject to dumping of debris. The alley has no public usage and has not The north/south portion of the platted alley is only half the Northern States Power and At the March 15, 1993, meeting the Council continued the matter and asked staff to obtain further input from the abutting property owners concerning possible options. On March 30, 1993, a letter was mailed advising that the staff recommendation was to vacate the public alley land and that the Council was seeking opinions on the following options: Do not vacate the alley land. of an alley, Vacate the alley land. vacated adjacent alley land and attach it to their property. does not anticipate a change of property value as a result of such action. Construct a public alley. Estimated cost per property of $3,500 to $4,500 would be spread over ten years as a special assessment. as little benefit is gained by land west of the alley. Leave as is for possible future construction Each property owner could file to pick-up the City Assessor The cost is high Engineer Hoffman reported that there were five responses, property owners at 5020 and 5028 Oxford Avenue did not want the alley vacated, property owners at 5016 and 5044 Oxford thought the alley should be vacated, and Mr. Zachman, 5343 Interlachen Boulevard, deferred to the wishes of the residents on the north/south portion of the alley. Mr. Zachman's main issue was to seek removal of a butternut tree located on the alley land adjacent to his lot. Power had indicated that they would grant enough land at no cost if the City eventually wanted to put in the alley. Northern States Vito LoPesio, 5044 Oxford Avenue, said he felt the alley should not be constructed because of the cost and that the alley should probably be vacated. No further comments or objections were heard. Member Kelly introduced the following resolution and macred approval: 144 4/5/93 RESOLUTION VACATING ALLEY VHEBEds, a resolution of the City Council, adopted the 16th day of February, 1993, fixed a date for a public hearing on a proposed vacation of Alley: VHEBEds, tu0 reeks' published and posted notice of said hearing was given and the hearing vas held on the 5th day of April, at vhich time all persons desiring to be heard were given an opportunity to be heard thereon; and VHEBEbS, the Council deems it to be in the best interest of the City and of the public that said alley vacation be made; and UHEREAS, the Council has considered the extent to vhich the vacation affects existing easements within the ares of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality uuning or controlling electric, cable, or telephone poles and lines, gas and sever lines, or uater pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such street/easement or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. NOU, TBEBEFORE, BE IT RESOLVED by the City Council of the City of Ed-, Hennepin County, Minnesota, that the following described alley is hereby vacated effective as of April 6, 1993: That part of public alley as dedicated in the plat of BROOKSIDE HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: BROOKSIDE HEIGHTS, and lying Westerly of Iats 3 through 11, Block 5, BROOKSIDE HEIGaTS. That part of public alley lying South of Lots 1 and 2, Block 5, The Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed vith the County Recorder in accordance vith Minnesota Statutes, Section 412.851. Rollcall : Ayes: Kelly, Rice, Smith Nays: Paulus, Richards Resolution adopted. ORDIXANCE NO. 1993-4 (AMENDING SECTION 1050 OF THE CITY CODE TO UPDATE STATUTORY REFERENCES AND REQKUUQENTS) ADOPTED: SECOND READING WAIVED Assistant Manager Hughes 'explained that Ordinance No. 1993-4, updates statutory references to Code Section 1050 - Maintenance of Vegetation. No substantive changes to this Section are made by virtue of the proposed ordinance amendment. adoption with waiver of Second Reading. Staff would recommend Member Rice moved adoption of Ordinance No. 1993-4 as follovs, with waiver of Second Beading: ORDRUHCE NO. 1993-4 AH ORDIJUNCE AHEtiU)Il'?G SECTION 1050 OF TEE CITP CODE TO UPDATE STATUTORY mCES AND REQMREMENTS THE CITY COUXCIL OF !l!lE CITY OF EDIRh ORDAINS: amended to read as follows: Section 1. Weed. Agriculture as a noxious veed or secondarynoxioas veed pursuant to X.S. 18.77, Subd. 8, or (ii) any volunteer plant, except trees and other woody vegetation, vhich is not customarily or intentionally planted." Section 2. "1050.08 Abatement. The definition of "Weed" in Subsection 1050.02 is hereby (i) Any plant which is identified by the State Commissioner of Subsection 1050.08 is hereby amended to read as follovs: Subd. 1 kisance. Any vegetation vhich does not meet the reqyirements of this Section is declared to be a nuisance. Subd. 2 Conditions Allouing Inspector to Enter Property. The veed inspector or assistant veed inspector of the City, or persons 4/5/93 145 authorized by the weed inspector may enter upon property to cut, remove, destroy and eradicate vegetation declared to be a nuisance under this Section. Entry by the weed inspector, assistant weed inspector or persons authorized by the weed inspector or assistant weed inspector. for the purpose of cutting. removing, destroying or eradicating vegetation shall be done only after written notice is semed upon the owner, and the occupant if other than the oyper, of the property to be entered, and failure of the owner or occupant to cut doom, remove, destroy or eradicate vegetation declared to be a nuisance, within the time, and in such manner. as the weed inspector or assistant weed inspector shall designate in the notice. The notice shall be given in the manner prescribed by H.S. 18.83, Subd. 2, and shall allow a minimum of seven days for the property owner or occupant to comply with requirements of the notice. Subd. 3 Owner's Responsibility for Costs Incurred. The costs and expenses incurred by the City in connection with entering a property pursuant to Subd. 2 of this Subsection and cutting, removing. destroying and eradicating vegetation declared to be a nuisance, shall be paid by the owner or occupant of the property entered pursuant to a notice containing the information and served as prescribed by H.S. 18.83, Subd. 7. If the City is not paid the amount stated in the notice within 30 days or before the follming October 1, whichever is later, such amount shall become a lien in favor of the City and a penalty of eight percent shall be added to the amount due as of that date and the total cost, expenses and penalties shall be certified to the auditor of Hennepin County for entry as a tax upon such property for collection as other real estate taxes are collected, all pursuant to the provisions of M.S. 18.83, Subd. 7' Section 3. This ordinance shall b.e in full force and effesupon its passage and publication. ATTEST : Mayor 3<&%- &4k City Clerk Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. ORDINANCE NO. 1993-5 (AMENDING SECTION 1200 AND SECTION 1230 OF THE CITY CODE TO PERMIT PUSHCARTS ON PUBLIC SIDEWALKS) CONTINUED TO 4/19/93 Assistant Manager Hughes advised that a letter dated March 30, 1993, has been received from Pat Asplund, owner of Cuppa Java in the Edina 5-0 Mall at 50th and France asking permission to operate a beverage cart on the public sidewalk in the 50th and France area on weekends during the summer months. After reviewing the City Code, staff concluded that two sections of the Code would prohibit such use. peanut-roasters, ice cream containers, vending or food carts or islands on public sidewalks. public sidewalk. Section 1200 prohibits the placement of corn-poppers, Section 1230 prohibits the sale of any product or property from a Staff believes that food and beverage carts would be a very desirable amenity for the 50th and France area in that shopping is very pedestrian oriented and the area has generous sidewalks and plazas. that would permit the placement and operation of food and beverage pushcarts in the 50th and France area, subject to written approval of the City Manager. The amendment would provide that only pushcarts that serve food and beverages would Ordinance No. 1993-5 has been drafted I46 4/5/93 be permitted. Therefore, pushcarts requiring further preparation would licensing by the Health Department, Code. Assistant Manager Hughes noted that selling merchandise or food products not be allowed. in accordance with Section 720, the Food All pushcarts would require Pat Asplund of Cuppa Java and Karen Knudsen, Executive Director of the 50th and France Association, ~ were present and could answer any questions. Pat Asplund, Cuppa Java, showed a graphic of the proposed pushcart and said that it would add European ambience to the 50th and France area. The pushcart would be green with brass accents, would be rolled into place on the plaza near Edina 5-0 during summer weekend days and returned to storage via a freight elevator during times of non-use. built for use at the Edina Art Fair and Crazy Days. the matter of pushcarts has not been discussed by the Association but individual members have indicated support, including by letter Sally Robson, Association President. Ms. Asplund said she intended to have the pushcart Ms. Knutsen observed that Following discussion, it was the consensus of the Council that a more definite ordinance needs to be drafted that would address the following issues: 1) limit on number of permits issued, 2) permit tied to tenants at 50th and France, 3) dates use.permitted, 4) storage, 5) trash, 6) license fee, and 7) assignment to a specific location. Member Kelly made a motion to continue the matter to April 19, 1993, to allow a more definitive amendment to be drafted. Motion seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. I *BID AWARDED FOR GREENS HOQER Motion vas made by Hember Kelly and vas seconded by Member Smith for award of bid for a walk behind greens mover to recommended lov bidder, Scharber h Sons, Inc., John Deere, at $7,221.76. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR -IC SIGNAL TESTER Motion vas made by Member Kelly and was seconded by Member Smith for award of bid for a traffic signal tester to recommended low bidder, Brovn Traffic, Products, Inc., at $6,177.00. Motion carried on rollcall vote - five ayes. *AWARD OF BID FOR WATER TOWER CIXANING. REPAIRING AND PAINTING CONTINUED TO 4/19/93 Motion vas made by Member Kelly and was seconded by Member Smith to continue the award of bid for water tower cleaning, repairing and painting to April19, 1993. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR SAND. ROCK. BlTlMLNOUS HA-. CONCRETE AND WATER TRFA"T CHEKICAIS Motion was made by Member Kelly and was seconded by Member Smith for award of bid to recommended lov bidders as follavs: Sand (delivered) to SA- AG, Inc. at $3.28 per ton; Seal Coat Chips (delivered) to Dresser Trap Rock at $14.85 per ton; Class I1 (delivered) to Ed graemar at $5.40 per ton; Asphalt #2331* (picked up) to Hidvest Asphalt at $17.20 per ton; Asphalt X2331 Fine* to Hidvest Asphalt at $17.70 per ton; Asphalt #2341* to Bitrrminous Roadways, Inc. at $18.50 per ton; Winter Hix to Hidvest Asphalt at $45.00 per ton; Concrete (delivered) to Am, Inc. at $50.50 per cubic yard; Cut-Back Asphalt (delivered) to Koch Refining at .7748 per gallon; Alternate Cut-Back Asphalt (CRS22 to Koch Refining at .4828 per gallon; *alternate award on asphalt to either Midwest Asphalt or Bitaminotts Roadways if low bid plant is down when asphalt needed; Water Treatment Chemicals for Citv Wells to Dixie Petro-Chem, Inc., at $32.75 per I , 4/5/93 147 100 lbs. each of hydrofluosilicic acid and liquid chlorine; Caustic Soda to Dixie Petro Chem, Inc. at $1.80 per gallon; and Diatomaceos Earth to Dixie Petro Chem, Inc. at $9.50 per bag. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR TANDEM DUMP TRUCK Motion vas made by Member Kelly and vas seconded by Member Smith for avard of bid for tandem dump truck to Lalreland Ford Truck Sales at $61,848.16, per State of HN Contract No. 79-382-02530. Motion carried on rollcall vote - five ayes. CITIZENS APPOINTED TO SEWAILY ORIENTED STUDY COMMITTEE Council that at the meeting of March 15, 1993, Council authorized establishment of a citizen committee to study the impacts of sexually oriented businesses on the City. interest of the City as a whole: Alan Ackerberg, Jim Fee, David Hays, Amy Johnson, Sydney Johnson, Mike Lewis, John Lonsbury, Helen McClelland, Laura McWethy, Cappy Moore, Janet Nelson, Bob Rydrnan, Virginia Shaw, Ted Start and Lois Wilder. Mayor Richards reminded He presented the following named individuals to fairly represent the Mayor Richards recommended Council concurrence with the appointments and the request that the committee file its report to the Council on or before June 7, 1993. committee. He suggested that Virginia Shaw and Mike Lewis be named Co-Chairs of the Mayor Richards then presented a proposed ‘Committee Charge’ that gave background information, set out the committee’s task and timeline for final report back to the Council. Member Smith made a motion for consent of the Mayor’s appointments of the individuals, as named and presented, to serve on the Sexually Oriented Businesses Study Committee and for approval of the Committee Charge as presented. was seconded by Member Kelly. Motion Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. REPORT ON VIERKANT DISPOSAL COWLAIIUT Manager Rosland directed the Council’s attention to a memorandum from Sanitarian Velde concerning the complaint made by Gary Vierkant (Vierkant Disposal) at the March 15, 1993, Council meeting. Mr. Vierkant had claimed that his competitors were offering a lower priced refuse collection service to customers if they brought their refuse to the curb for collection. He further claimed that residents were not abiding by the law, the City was not enforcing the law and that if other haulers were offering curbside pickup of refuse, he would also offer the curbside option. Mr. Vierkant reported 13 residents in Morningside that had refuse at the curb. A letter was sent to each and conversations with five of the 13 revealed a variety of reasons why they brought their refuse to the curb. None of the five were told by their hauler to bring the refuse on the curb for collection. The ordinance is enforced on a complaint only basis. Information is provided to all homeowners on a yearly basis about the regulations addressing curbside refuse storage. Residents are also advised about these requirements in flyers distributed by Welcome Wagon, Newcomers and realtor packets. Gary Vierkant, Vierkant Disposal, thanked the City for the response to his complaint. Lee Valley) where he had found that residents in excess of 30 percent had left refuse at curbside for pickup. He said that he had driven other neighborhoods, (Brookview, Hillside, Mayor Richards observed that from the information presented there seems to be no 415 193 -. 148 evidence that haulers are asking their customers to bring refuse to the curb. Mr. Vierkant said residents have told him that the individual driver, not the company, had asked that refuse be placed at the curb. He suggested that City employees who drive the City be designated the responsibility to report areas of violations. Mayor Richards asked Manager Rosland to continue monitoring the issue together with the Recycling Commission according to City policy. taken. No formal action was FEASIBILITP REPORT PRESENTED ON STORM UATEB PROJECTS: mOVEMElW!S ORDERED Engineer Hoffman presented a feasibility report on proposed storm sewer projects and explained that four projects have been reviewed and are feasible and consistent with the stormwater management and watershed district goals. projects, which are to be funded from the stormwater utility fund, are as follows : Imn. No. Location Estimated Cost STS - 221 Easement Line from Back Yard to Tower St. $ 7,953.12 STS-222 Parkwood Rd. from Blake Rd. to Schaefer Rd. $80,830.85 STS-223 Schaefer Rd. - Easement Between Lots 12 & 13, Block 3, Killarney Shores Addition $10,816.96 STS-224 Vernon & Gleason Intersection Overflow $30,083.20 Member Smith made a motion to proceed with the construction of the storm sewer projects as presented and to be referred to in all subsequent proceedings as follows : The STS-221 Easement Line from Back Yard to Tower Street STS - 222 Parkwood Road from Blake Road to Schaefer Road STS-223 Schaefer Road - Easement Betveen bts 12 & 13, Block 3, Killarney Shores Addition STS-224 Vernon Avenue & Gleason Road Intersection Overflow and moved adoption of the following resolution: BESOLUTION APPROVIHG PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMERI'S AND DIRECTING ADVERTISEHEWI! FOB BIDS FOB STORM SEVEB IMPROVEMENT NOS. STS-221, STS-222, STS-223 & STS-224 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, HIXNESOTA: 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 followhg notice of bids for improvements: The plans and specifications for the proposed improvements set forth in the (Official Publication) CITY OF EDIHh 4801 U. 50TH STREET EDRifA, MINNESOTA 55424 HmmPrn corn, l!tmmsm ADVERTISEMENT FOR BIDS CONTRACT 93-3 (ENG) IMPR0V"T NOS. STS-221. STS-222. STS-223 & STS-224 BIDS CLOSE APRIL 29, 1993 SEALED BIDS vill be received and opened in the Council Chambers in Edina City Hall, 4801Vest 50th Street at 11:OO A.M., Thursday, April 29, 1993. The Edina City Council villmeet at 7:OO P.M., Emday, Hay 3, 1993 to consider said bids. The following are approximate major quantities: 1540 CY Common Excavation 4/5/93 149 1061TONS C1. 5AAggregate Base 584 TONS Bituminous Patching 1945 LF 12n-18n PVC Pipe 4 EA Standard Manholes 4 ELL Catch Basins Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. Edina, 4801West 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 tlme set for receiving them may be returned unopened. Bids should be addressed to the City Engineer, City of Bids received by the City Engineer, 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 rith 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 separate 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 COUETCIL. Motion was seconded by Member Paulus. Plans and Specifications are available for a deposit Said deposit to be returned upon return of the plans and Marcella 1. Daebn, City Clerk Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. RESOLUTION ADOPTED IN SUPPORT OF PROPOSED TOBACCO LEGISLATION (S.F. 8811 Sanitarian Velde informed Council that Senate File 881 proposes to increase the excise tax on cigarette packs by 23 cents. result in a five percent reduction in cigarette consumption. revenue would be used for health promotion activities. Also, it has been found that youth will access tobacco products by shoplifting. The proposed bill would limit access to single pack tobacco products by eliminating customer self-service in less than 10 pack cartons amounts. Studies show that this increase would The increased Sanitarian Velde reported that the Edina Community Health Services Advisory Committee met on March 31, 1993, and drafted a proposed resolution in support of the legislation and recommended adoption by the Council. Member Kelly introduced the following resolution and moved its adoption for forwarding to Edina's legislators: WEEKEAS, the Edina City Council, as the Community Health Board, has responsibility to protect and promote the health of its residents; and UEERlWS, tobacco is the largest contributor to preventable disease and premature death; and WEEBEAS, reduction of tobacco use among youth requires a comprehensive approach such as that recommended by the Minnesota Health Care Commission to the Governor and Legislature; and WHEREAS, the Edina Community Health Services Advisory Committee supports this resolution and recornends its adoption; NOW, THEREFORE, BE IT BESOLVED, that the Edina City Council supports legislative action to reduce tobacco use among youth by increasing the excise tax and restricting youth access to tobacco products as set forth in Senate File 881 and House File 1262. Motion was seconded by Member Paulus. RESOLUTION Rollcall : Ayes: Kelly, Paulus, Smith 4/5/93 Nays: Rice, Richards Resolution adopted. Member Rice commented that he could not lend support to the legislature to Increase taxes on anything. Mayor Richards said he concurred with Member Rice. RESIGHATION OH PLANNING COMIISSION NOTED had received a letter dated April 1, 1993 from John Palmer indicating his resignation from the Planning Commission. of potential candidates for appointment to fill the unexpired term. Mayor Richards informed Council that he He asked that Council give him names HOUSE HETROPOIJ" REORGANIZATION BII;TS FOR 1993 AND HOUSING LEGISLBTION DISCUSSED Manager Rosland referred to information regarding House Metropolitan Reorganization Bills for 1993, together with a letter from Mayor Willis Branning of Apple Valley urging the Council to contact legislators regarding the effects of this legislation on the suburban communities. that the bills as proposed fall far short of resolving the related problems (urban blight, inner-city poverty, substandard housing) and would penalize suburban communities because of differing socio-economic demographics. Mayor Branning had commented Manager Rosland said that of particular concern was H.F. 671, sponsored by Representative Orfield, which is moving out of committee. Under this proposed bill the Metropolitan Council would assign and administer housing goals against which penalties (loss of municipal aid) would be assessed for cities regarding availability affordable housing. H.F. 641 (Orfield) would create an elected Metropolitan Council, and proposes to eliminate several agencies, i.e. Metropolitan Airports Commission, Regional Transit Board, Metropolitan Waste Control Commission, and Metropolitan Sports Facilities Commission. The legislation would transfer ownership, powers and duties of these agencies to the Council and would establish three operating divisions (waste control, airports and sports facilities). It also would abolish the Metropolitan Mosquito Control Commission. Three other bills dealing with the Metropolitan Council have been introduced in the House. I Member Smith commented that Representative Orfield is picking up support for his government. Member Rice said he understood that Senator Mondale from St. Louis Park is one of the sponsors of the companion Senate bill and questioned whether the impact on St. Louis Park would be that much different from that on Edina. Member Kelly said she felt the agenda is to try to protect the inner-city and control growth. Metropolitan Council the overseer. opposed to Orfield's legislation, Member Smith emphasized that Representative Orfield's agenda is regional government and that he is picking up suburban support. Member Smith said this is a vital issue and suggested that the City become more proactive instead of being reactive. underlying philosophy of promoting metropolitan governance versus local '. Each city is competing and this is an attempt to make the From speaking with elected officials who are Mayor Richards asked if Edina's legislators were opposing Orfield's legislation and suggested that they be contacted to be sure this is the case. Member Smith added that he felt opposition support needs to be acquired from other suburban cities in addition in order to make any impact. GRANDVIEW AREA TRAFFIC STUDY DISCUSSED the Watson Development presented a proposal to the Planning Commission for the Lewis Engineering site that proposed a Rainbow Food store together with a fast- food restaurant. The issue will be on the Council's agenda for April 19, 1993. If approved it would mean an amendment to the Comprehensive Plan for change of land usage. to initiate an independent traffic study prior to that meeting. Manager Rosland informed the Council that I Because traffic is a major issue, he asked if Council desired staff 4/5/93 151 It was the consensus of the Council to hear the proposal before deciding if an independent traffic study should be ordered. REMINDER OF MEETING DATES dates : Manager Rosland reminded Council of upcoming meeting April 7, 1993 Richfield City Hall (10 A.M.) - Discussion on High Speed April 17, 1993 Strategic Planning Session, Arneson Acres (8-12 A.M.) May 26, 1993 AMM Annual meeting (5:30 P.M.) - Minnetonka Community Transit Concept Transportation Issues Center PUBLIC HJWRIIUG EETB ON PROPOSED ISSUANCE OF GEJNERU OBLIGATION REFUNDING BONDS; RESOLUTION ADOPTED CALTJNG FOR SALE Assistant Manager Hughes presented staff's recommendation that Council authorize receiving bids for the refunding of four existing bond issues. All four issues are General Obligation Tax Increment Bonds. Two of the issues are associated with the Centennial Lakes/Edinborough project, one issue is associated with the 50th and France Redevelopment Project and one is associated with the Grandview Redevelopment Project. current long-term interest rate environment, staff believes that substantial savings will be realized through the this refunding. Due to the If Council authorizes the sale, bids would be accepted on Tuesday, April 27, 1993. P.M. on April 27, 1993, to consider the bids. Due to the current fluctuation of interest rates, staff feels that time is of the essence and therefore would recommend a special meeting in this case. This schedule would necessitate a special meeting of the Council at 5:OO Assistant Manager Hughes referred to a pre-sale report from Springsted, the City's bond advisor, detailing the amount of the refunding and the anticipated savings. If the interest rate environment of today held to the end of the month, the City would realize a future savings of $1,207,780 which would translate into a present value of $908,021. The total amount of principal proposed to be refunded is $18,965,000. In response to Member Smith as to associated costs, Ms. Kathy Aho, Executive Vice President of Springsted, said the savings figure of $1,207,780 is net of all expenses. of which two-thirds would be underwriter's compensation, calculated as $10.00 per $1,000.00 to be established through the bid process. be fees for: bond advisor, bond counsel, printing of official statement, establishment of escrow accounts, mathematical information relating to Federal Arbitrage requirements, verification of the sufficiency of the escrow accounts, and rating of the bonds. Total costs associated with the borrowing are estimated at $300,000, Additional expenses would John Maloney, 4400 Curve Avenue, indicated that after attending the recent Truth in Taxation hearing he had acquired the 1991 Financial Report for the City and had concerns with the figures relating to the enterprise funds and also had questions concerning the four tax increment districts, in particular the Southeast Edina Tax Increment District. His concerns included: selection of the Southeast Edina area as a tax increment district, costs for land acquisition, site preparation and improvement, public utilities improvement and administrative costs for the Edinborough and Centennial Lakes projects. Because Mr. Maloney's comments did appear to pertain to the sale of the refunding bonds, Member Paulus called for point of order to allow a decision on the issue of sale of refunding bonds. objections to the proposed sale which was the purpose of the hearing. Maloney responded that he felt the bond refunding was a good idea and have no Mayor Richards asked Mr. Maloney if he had any Mr. 952 4/5/93 objection. refunding bonds. Mayor Richards then called for Council action on the proposed sale of Member Rice introduced the following resolution and med adoption: OBIZGATIOH TAX IHCBEWlUT REFUNDING BONDS, SERIES 19936 BE IT BESOLVED by the City of Edina, Minnesota (the City) as follovs: of the City to issue its General obligation Tax Increment Refunding Bonds, Series 1993A (the Bonds), pursuant to Minnesota Statutes, Chapter 475, to refund all or a portion of the City's (i) General Obligation Tax Increment Bonds, Series 1986A of the City, initially dated as of August 1, 1986, (ii) General Obligation Tax Increment Bonds, Series 1986B, initially dated as of August 1, 1986, <is%) General Obligation Tax Increment Bonds, Series 1989, initially dated as of November 1, 1989, and (iv) General Obligation Tax Increment Bonds, Series 199OA of the City, initially dated as of March 1, 1990. Section 2. Terms of Prowsal. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the sale of the Bonds, which is attached hereto and hereby approved and shall be placed on file with the City Clerk. Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Springsted Incorporated, as independent financial advisers, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9) is hereby authorized to solicit bids for the Bonds on behalf of the City on a negotiated basis. Tuesday, April 27, 1993, at 5:OO o'clock P.M., for the purpose of considering bids for the purchase of the Bonds, and of taking such action thereon as may be in the best interests of the City; provided that such bids may be considered at a later regular or special meeting of the City Council if the City Manager determines that market conditions are not favorable for the sale of the Bonds on RESOLUTION CALTLCNG FOB THE SALE OF GENEML Section 1. Ptrmose. It is hereby determined to be in the best interests Each and all of the provisions of the Section 3. Sale Meeting. This Council shall meet at the City Hall on such date. AT!l!EST : City Clerk Motion for adoption of the resolution was seconded by seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Paulus informed Council she could not attend the meeting of April 27, 1993, at 5:OO P.M. *CuTws PAID Motion was made by Member Kelly and was seconded by Member Smith to approve payment of the following claims as shown in detail on the Check Register dated March 31, 1993, and consisting of 28 pages: General Frmd $322,637.19; Cable $562.10; Working Capital Fund $3,046.37; Art Center $13,869.70; Pool $8,957.70; Golf Course $25,493.71; kena $18,966.10; Gun Range $72.17; Edinborough/Centennial Iakes $43,515.69; Utilities $261,559.77; Storm Sever $842.54; Recycling $25.28; Liquor Dispensary $61,907.79; Construction Fuud $1,518.12; TOTAL $762,974.23. Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:OS P.M. -2h-cJLm-a City Clerk