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KICNUTES
OF TEE REGUIAR MEJ3TII?G OF TEE
EDIlslh CITY COUNCIL HELD AT CITY HBI;L
JUNE 7, 1993
ROILCAT& Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
PROCLAMATION OF APPRECIATION PRESENTED TO TIMOTHY EICkIOFF
presented a Proclamation of Appreciation plaque to citizen Timothy Eickhoff for
his efforts on April 6, 1993 in stopping to reassure a distraught female who was
on the France Avenue bridge over the Crosstown Highway that her problems could be
worked out. Mr. Eickhoff asked a passing motorist to call the police by mobile
telephone and continued to encourage her until she agreed to step back over the
railing and was taken into custody upon arrival of Officer Riegert.
Members extended their appreciation and thanks to Mr. Eickhoff for his concern,
courage and involvement.
Manager Rosland
The Council
EMPLOYEE ROBWT LAUSON COIIMENDED Manager Rosland commended Robert Lawson, lead .
paramedic, for his part in the extraordinary efforts made in responding to the
9-1-1 call on March 1, 1993 to an Edina residence which developed into a double
cardiac arrest. He explained that Mr. Lawson was not available when
commendations were presented earlier to the other public safety employees who
were involved in the case.
CONSENT AGENDA ITEMS APPROVED Motion vas made by Member Kelly and vas seconded
by Member Bice to approve and adopt the Council Consent Agenda items as
presented.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
FINAL BEZ0l"G FROM POD-1 PLANNED OFFICE DISTRICT M AUTOMOBILE PARKING DISTRICT
GRBlJTED FOR PROPEBTY AT 6400 F"CE AVENUE (BM DEW3JA)P"T/FAIRVIEW DEVELOPMENT
CORPORATIOH
Presentation by Planner
Planner Larsen reminded Council that the subject property is located at 6400
France Avenue South. He recalled that at the meeting of February 16, 1993,
preliminary rezoning from Planned Office District (POD-1) to Automobile Parking
District (APD) was granted to allow for redevelopment of the property as a
surface parking lot for use by employees of Fairview Southdale Hospital.
proponents are now seeking final rezoning approval.
The
At the hearing for preliminary rezoning, the Council was concerned that the City
would have no control if in the future the hospital desired to construct a ramp
on the property.
Ordinance to make parking structures a Conditional Use in the APD zone, which
amendment was subsequently adopted.
approval conditioned on: 1) Continued use of MNDOT property adjacent to the
Crosstown Highway as a condition to the variance from the required 10 foot
setback from the northerly property line, 2) Continuation of the shuttle bus
service from the lot to the hospital, and 3) Nine Mile Creek Watershed District
grading permit.
In response, staff proposed an amendment to the Zoning
Staff would recommend final rezoning
Public Comment
Mayor Richards called for public comment on the request for final rezoning
approval from Planned Office District (POD-1) to Automobile Parking District
(APD). No objection or comment was heard.
6/7/93 c 217
Council Action
Mehber Rice made a
ordinance, subject
motion for Second Reading and adoption of the following
to: 1) Continued use of MNDOT property adjacent to the
2) Shuttle bus service from lot to the hospital, and Crosstovn High&, -
3) Nine Mile Watershed District grading permit:
ORDINANCE NO. 850-A2
ORDINANCE MBNDING TEE ZONING ORDINANCE (CODE SECTION 850)
BY REZONING PROPERTY TO AUTOMOBILE PABXING DISTRICT (BPD)
FROM PLANNED OFFICE DISTRICT (POD-1)
THE CITY COIJHCIL OF TBE CITY OF EDIIUA, I!lI"ESOTA, ORDAINS:
Section 1.
"The extent of the Automobile Parking District (APD) is enlarged by the
addition of the following property:
Subsection 850.06 of Section 850 of the Edina City Code is
amended by adding the following thereto:
bt 1, Block 1, Southdale Office Park Addition, except that part
thereof which lies Easterly of a line drawn parallel with and 48 feet
Westerly of the following described line:
Commencing at the Southeast corner of the Northeast Quarter of
Section 30, Township 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 mhtes 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 curve; thence
Northwesterly 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 POD-1 Planned Office District is reduced by removing the
property described above from the POD-1 District."
Section 2. This ordinance shall be in full force and effect upon its
passage and publication.
ATTEST :
Mayor
City Clerk
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
REOUEST OF WATSON CENTws/RAINB OW FOODS DENIED FOB REZONING (PLANNED INDUSTRIAL
DISTRICT To PCD-2 PLBNNED COMMERCIAL DISTRICT) AND COMPREHENSIVE PIAN AMENDMENT
(INDUSTRIAL TO COMMERCIAL) FOR LEWIS EXGINEER.ING/KUNZ OIL PROPERTY)
Presentation bv Planner
Planner Larsen recalled that the proposal of Watson Centers/Rainbow Foods to
rezone the Lewis Engineering/Kunz Oil property from Industrial to Commercial
(PCD-2) and to amend the Comprehensive Plan designation from Industrial to
Commercial was first heard by the Council on April 19, 1993.
the hearing and directed staff to hire BRW to analyze the traffic impacts of the
proposal relative to other potential reuses of the property and relative to what
Council continued
218 61 71 93
had recently been approved or planned for the Grandview area.
Planner Larsen advised that the traffic study has been completed and is presented
for Council review.
other property owners in the area who have expressed interest.
June 7, 1993, hearing has been sent to all property owners within 500 feet of the
subject property.
It has been made available to the proponents as well as to
Notice of the
Presentation bv BRW
Howard Preston, BRW, explained that the original Grandview Area Traffic Study was
completed by BRW for the City of Edina in April of 1984. The study was updated
in 1990 to determine the impacts resulting from the retail/office/Jerry's Foods
expansion between Eden Avenue and existing Jerry's Foods and retail/bus garage
land uses southeast of the existing Eden Avenue/Sherwood Road intersection.
The area southeast of the existing Eden Avenue/Sherwood Road intersection is
currently proposed to be redeveloped to provide a Rainbow Foods supermarket and a
fast-food restaurant.
southbound ramps intersection is also proposed to be redeveloped to include a
video store, a restaurant, a drug store, a funeral home and a hair salon. In
addition, other minor redevelopments have recently occurred within the Grandview
area that were not accounted for in the previous analysis.
The area southwest of the existing Vernon Avenue/TH 100
As a result of these proposed land use changes and potential traffic
implications, the City retained BRW to conduct a second update of the Grandview
Area Traffic Study in order to address the potential traffic related issues.
In summary, Mr. Preston's presentation of the updated traffic study covered the
following components:
A. Grandview Area Existing Conditions
1. Existing Land Uses (including proposed and expected redevelopment
parcels)
2.
3.
Road and on Eden west of Arcadia are approximately 14,500
vehicles and 6,500 vehicles, respectively.
Planned Roadway System (no major roadway or traffic control
Existing Transportation System (including key intersections)
Existing Traffic Volumes (ADT volumes on Vernon south of Link
B.
C. Proposed/Expected Conditions (including area southeast of Eden
. improvements currently planned)
Avenue/Sherwood Road intersection; area southwest of Vernon Avenue/TH
100 southbound ramp intersection; automotive service store; school
bus garage site as proposed in the 1990 Traffic Study Update for
expansion of Jerry's Foods and office space)
D. Trip Generation (estimated by using ITE rates for proposed land use
but not accounting for internal/linked trips or passerby trips)
E. Trip Distribution (comparison of market study estimates versus
vehicle trace study estimates)
F. Site-Generated Traffic Volume Forecasts (expected PM peak hour trips
assigned to surrounding roadway system at key intersections)
G. Post-Development Traffic Forecasts (based on existing traffic volumes
plus expected traffic generation at PM peak hours)
H. Traffic Analyses
1.
and along roadways)
2. Sunday Morning Capacity Analysis (possible traffic conflicts
between vehicles exiting Our Lady of Grace Church and vehicles
oriented towards Rainbow Foods or Jerry's Foods)
3.
I Capacity Analysis (quality of traffic flow at key intersections
Signal Warrant Analysis (potential for congestion mitigation)
6/7/93
21'9
4. Queuing Analysis (required vehicle storage distances at traffic
control devices)
5. Accident Analysis (Vernon Avenue at key intersection/accesses)
center two-way left turn lane)
I. Geometric Alternatives for Eden Avenue (three-lane roadway with
J. Secondary Access for Area South of Eden Avenue (Sherwood Road)
Conclusions of the Grandview Area Traffic Study Update (#2) were as follows:
1. Three alternative land use scenarios were considered for the
redevelopment of the area south of Eden Avenue.
generation from each scenario is as follows:
The expected trip
- -
2.
for
3.
Rainbow/Fast-Food - 11,300 VPD
Medium Density Residential - 1,180 VPD
Office/Office Showroom - 1,280 VPD
Other redevelopment in the area would ultimately add another 4,560 VPD
a total of as much as 15,860 net new trips in the Grandview Area.
Existing traffic operations at all key public street intersections are
considered acceptable.
4.
the level of congestion at all key public street intersections is expected
to increase but remain at acceptable levels.
A l'worst case" analysis of post redevelopment conditions indicated that
5. The additional new trips generated by a grocery/fast food development
south of Eden Avenue would increase volumes and congestion on Eden to the
point where the roadway would need to be three lanes in order to provide an
acceptable level of traffic operations.
6.
the Grandview Area indicated that Eden Avenue would have to be widened to
four lanes in order to provide acceptable levels of traffic operations.
A "worst case" analysis of the total redevelopment being considered in
7. A "worst case" analysis of the post redevelopment traffic volumes
indicates that queuing along Link Road (from the traffic signal at Vernon
Avenue) is likely to extend past Sherwood Road during peak traffic periods.
Recommendations of the Grandview Area Traffic Study Update (#2) were as follows:
A. Widen Eden Avenue from Sherwood Road to the TH 100 Southbound on-ramp
to a 44-foot urban section (three 12-foot lanes and 4-foot shoulders) with
a center two-way, left-turn lane.
B.
that would be located between the existing So0 Line Railroad right-of-way
and the proposed Rainbow Foods store.
roadway would need to be negotiated with Rainbow Foods.
Provide a secondary access to the Sherwood neighborhood via a new road
The right-of-way for this access
C.
site off of Eden Avenue.
Provide an exclusive right turning lane into the proposed Rainbow Foods
D.
following the Rainbow Foods development and adjust the traffic signal
timing if necessary.
E.
Road instructing motorists queued on Link Road not to physically block
Monitor the traffic demands at the Vernon Avenue/Link Road intersection
Install signage near the existing Super-America access drives onto Link
220 6/7/93
left-turn access in/out of SuperAmerica.
D.
Boulevard intersection, particularly the westbound to southbound left-
turning movement, and construct an exclusive left turn lane with protective
signal phasing, if necessary.
Monitor the accident conditions at the Vernon Avenue/Interlachen I
Following the traffic study presentation, Mayor Richards called for public
comment on the redevelopment proposal by Watson Centers/Rainbow Foods for the
Lewis Engineering/Kunz Oil site.
Public Comment
John Menke, 5301 Pinewood Trail, said he was president of the Richmond Hills
Homeowners Association and that the members oppose the proposed Rainbow/Fast Food
Restaurant development because the traffic it would create would be ten times the
volume of any other development that has been proposed. He also questioned
widening Eden Avenue and what that would do to existing sidewalks.
that the Council not rezone the property for this high volume use.
He asked
Rich Rosch, 5248 Richwood Drive, objected to the proposed development because it
would greatly increase traffic on Eden Avenue.
the sharp turn uphill toward SuperAmerica, retaining wall blocking view for
drivers, and ice from cars exiting car wash in winter as existing problems.
said Eden Avenue cannot handle more traffic.
He cited concerns about speeding,
He
A1 Hoye, 5100 Richmond Circle, commented that in the last two years there has
been an increase of 21 children in the neighborhood. He voiced the following
objections: 1) traffic congestion on Eden will spill into the neighborhood making
the streets unsafe for the children, 2) Richmond/Windsor/56th will become
speedways during peak hours, and 3) impact of lights and noise level from the
Rainbow store.
Karen Roach, 5048 Richmond Drive, reiterated her concern for the safety of the
neighborhood children.
place long enough to get an accurate count of the traffic volumes.
the increased traffic on Eden will make exiting SuperAmerica more difficult.
She asked the Council to vote against the Rainbow proposal for this site.
She questioned whether the traffic counters had been in
Further, that
Dick Peterson, 5236 Edenmoor Street, urged the Council to not approve the
proposal.
noise and pollution because of the number of trucks that would come to the
Rainbow site.
His concerns included inability to get in/out of their area and the
Dawn Kerrison, 6517 Willow Wood Road, voiced her support for the development
because of the increased tax dollars from the tax increment district that could
flow to the schools.
George Fischer, 7000 Tupa Drive, said he supported the development. He observed
that traffic and noise has increased in all of Edina, and that while he did not
live in the immediate neighborhood, he felt some competition may be needed.
Also, that the issue of the redevelopment of the property, which has been ongoing
since 1986 when multi-family was proposed, should be resolved.
Bill Raymond, 5104 Richmond Circle, raised the issue of police/security services
because of the increased traffic that would result if the Rainbow Store and
restaurant are approved.
Art Heiam, 5205 Richwood Drive, questioned the need for another supermarket and
fast food restaurant in the area. He mentioned that the school buses would have
5 6/7/93 - 221
a problem in exiting the bus garage as the traffic backs up now at times.
he asked how the road could be widened because of the railroad bridge.
Also,
Cliff Thompson, 5252 Richwood Drive, said that at peak hours now he has to wait
to get onto Eden Avenue - adding the Rainbow Foods traffic will make it much
worse and questioned the advisability of the secondary road into the neighborhood
as it would be impossible to turn around to use the alternate street.
concurred that the school buses will also be impacted as well as vehicles exiting
the church property.
He
He asked the Council to vote against the proposal.
Denise McNaught, 5902 Olinger Road, commented that she has four adolescents and
does not shop at stores like Jerry's, Lunds or Byerlys.
Foods store would give her an alternative she could afford.
She said the Rainbow
Laurie LoPesio, 5044 Oxford Avenue, said she was against the proposal for the
following reasons: 1) extra traffic and resulting air/noise/light pollution,
2) will attract drive-by traffic from TH 100, 3) safety for pedestrians, 4) a
mega store should not be adjacent to a residential area, 5) odor from fast food
restaurant, 6) potential for increased property taxes to pay for road
improvements, 7) should show support for existing businesses in area who have
been supportive of the community and not bring in competition, and 8) would
prefer multi-family housing as a land use for the site.
John Hatch, 5044 Richmond Drive, asked the Council to vote against the
development because it would mean more traffic, noise and lights and less safety
and quality of life for the people who live in the area.
Elaine Peterson, 5236 Edenmoor Street, commented that if the second roadway to
connect with Sherwood Road were constructed traffic would find its way into the
neighborhood.
place to smoke/drink and leave their fast food leftovers. She added that their
bedroom faces the parking lot and the 40 foot lights would be invasive.
Also, that the adjacent park area would attract young people as a
Steve Altman, 5225 Richwood Drive, said that over the years the Richmond Hills
Homeowners Association has supported redevelopment of this site but are concerned
about the impact that the proposed development would have on the neighborhood.
He commended the Council for its thoughtful deliberation of past proposals but
cautioned that rezoning would impact the neighborhood forever. '
Presentation bv DeveloDer
Steve Watson, Watson Centers, Inc., said he would not repeat items covered in
their April 19, 1993, presentatlon but would address new issues as follows:
District which today pays annual property taxes approximating $100,000.00. It is
anticipated that taxes would be at least $200,000 per year after construction.
2. Traffic Study - Barton Ashman traffic assumptions were based on existing
volumes at four Rainbow Foods stores in the area, whereas BRW used national rates
from the ITE to project traffic volumes.
would work.
changes have been made: 1) produce loading dock was moved to the westerly side of
building away from nearby homes 2) rear loading docks were reoriented more
directly to the railroad and fast food restaurant was moved next to the railroad
berm, 3) easement to be granted allowing residents from the Richmond Hills
neighborhood access to Eden Avenue along the westerly property line.
1. Taxes Generated - Subject land is in the Grandview Tax Increment
BRW's conclusion was that the plan
3. Plan Changes - In response to neighborhood concerns the following
In conclusion, Mr. Watson said if the proposal is approved this is merely the
first step in a long series of events to get the site approved in terms of exact
layout and configuration. They believe this is a good project, will add
6/7/93 222
competition to the grocery market, will increase the tax base and provide a
service that is needed and wanted in the City of Edina.
Dennis Crow, Rainbow Foods, said it is important to understand some of the issues
relative to the operation of the store that could influence a decision as to
whether this is a proper use for this location.
regarding some of the objections that have been raised:
nighttime hours.
competition which will adversely affect trip generation direction.
community and Rainbow Foods.
He concluded by saying that Rainbow Foods is willing to work with the City and
the neighbors regarding any concerns and would encourage support of the project.
He submitted the following
A. Delivery of produce would be restricted so as to not occur during
B. Trace numbers used in the study by BRW were based on lack of additional
C. Parking lot lighting can be designed to serve both the needs of the
Council Comment/Action
Mayor Richards asked for comment on the following three issues: 1) Proposed
second roadway along railroad right-of-way, 2) Expansion of Eden Avenue and
impact on the railway bridge, and 3) Who pays for the improvements to the road
system.
Mr. Preston answered that, from a transportation planning standpoint, the
Sherwood neighborhood is isolated in that there is only one way in/out.
situation would be potentially worse with the current proposal because of the
queuing that would extend back from the intersection of Vernon/Link.
alternative were available, residents might change their driving patterns to take
advantage of an access to Eden Avenue that they know would not be blocked.
pointed out that the secondary access was recommended in the earlier BRW traffic
study when previous developments were considered.
had offered the easement along the westerly side of the site for access to Eden
because they wanted to keep traffic away from the truck docking area.
The
If an
He
Mr. Watson commented that they
Engineer Hoffman said the BRW traffic study shows that the proposed three-lane
36-foot roadway could be accommodated under the bridge-as it exists today.
However, there would be no four foot shoulder under the bridge for vehicular
stalls and break-downs. He added that, if the subject property were rezoned, the
secondary neighborhood access would be essential.
Planner Larsen replied that the cost of road improvements have not been discussed
with the proponents.
right-of-way so cost could be covered by: 1) the City, 2) the HRA since it is a
tax increment district, 3) the developer, or 4) a negotiated combination.
Generally, improvements would be constructed in the public
Member Paulus asked about the accident ratio for the site.
answered that there have been few reported accidents in the area, however, minor
fender-benders are normally unreported.
Chief Bernhjelm
Member Rice stated he would not support amending the Comprehensive Plan or
rezoning to PCD-2 because he did not believe that retail/commercial development
is consistent with the intensity of land use appropriate for this site.
Avenue has served historically as an access road to industrial property adjacent
to the railroad right-of-way. After the reconstruction of Highway 100, Eden
became more important as a direct link to the church, and in conjunction with the
west frontage road the main access to the residential neighborhood south of the
church and east of the railroad tracks.
density development is not consistent with the goals of the Comprehensive Plan
and would change the character of the Grandview area from a neighborhood
shopping, service and convenience area to that of a major shopping center that
Eden
Intensity of any retail/commercial full
6/7/93 - 223
was never anticipated or planned for.
judgement of those who reviewed the land use of the site in 1980, 1984 and 1987
and did not believe it should be changed.
Member Rice said he concurred with the
Mayor Richards commented that in an urban environment the City should not
necessarily control or dictate the results such as odor, lighting and noise as
such operational issues can usually be mitigated. These types of developments
are usually done in areas that are not yet fully developed and do not butt up
against residential areas.
retail or commercial development should occur south of Eden/Link Road.
he was persuaded that what is presently proposed with the current roadway
configuration is too much for the site and would not be in the best interest of
the community.
there is or is not competition - that is best left to the marketplace. He said
he is flexible and would support redevelopment of the site, whether it be
commercial or retail, industrial or some type office/warehouse use other than
what is there presently. He mentioned that in the past he had supported a
residential component for the site. Mayor Richards stated that he did not intend
to support the present proposal because the use is too intensive in light of what
is occurring in the Grandview redevelopment area and would err on the side of
caution to preserve the existing public and private infrastructure in the area.
He said he did not share Member Rice's view that no
However,
He felt government should not dictate land use as to whether
Member Paulus commented that only a small percentage of the City's residents have
testified on the proposal and the Council is obligated to represent the whole
City and not a particular neighborhood even though it is impacted. Any vote must
be for the City as a whole and not for individual need. Numerous residents have
spoken to the children in the area which has always been an issue with change of
any sort.
suburban neighborhood - we are an urban city community with an exchange
population. Though the site is currently zoned industrial, it is not unlike
other areas where Rainbow Foods stores have been built. As to comments that
another supermarket is not needed, she said that in an American capital society
she does not believe government has a right to decide what is necessary or not -
the market will determine that issue, She said the realization is that there
will be no utopia for the redevelopment of that land because it is extremely
costly. Whatever happens in the future will affect the neighborhood and also
possibly the City through use of public monies.
concern would be the number of dollars the City would have to invest to correct
the road system's capacity and therefore she would not vote in favor of the
rezoning.
She said we must educate ourselves that Edina is not a countryside
Member Paulus said her greatest
Member Smith observed that much has been said about both the positive and
negative impacts of a development like Rainbow Foods.
comes when you look at the BRW Traffic Study ordered by the City and the
multitude of conclusions and recommendations to make this work. While the
recommendations were surprising, upon driving or walking through the area they
make sense. His major concern was that both the developer and the traffic
engineer say that a second access for the Sherwood neighborhood is needed if the
proposal is approved.
because of the estimated volumes of traffic and the recognition of the need for a
second access.
to discuss what may go there in the future but must also acknowledge that the
property owner is a taxpayer with a right to redevelop his land instead just
paying taxes on vacant land.
He said the turning point
He said he could not support the proposed redevelopment
Member Smith told the affected residents that they must continue
Member Kelly said she wanted this proposed redevelopment to work yet after
hearing all the data in the traffic study she could not support it because of the
traffic issues.
and look at this site, look at the Comprehensive Plan, and find a way to make
She suggested that Council have the Planning Commission go back
2-2 4 6/7/93
this area developable.
a need for a second access to the neighborhood and how it will be funded is an
issue.
unoccupied much longer and the City may have to become aggressive in looking for
something that will be acceptable to all the citizens.
Mayor Richards then called for action by the Council on the redevelopment as
proposed for the Lewis Engineering/Kunz Oil property.
Whatever happens there, she concurred that there will be
Member Kelly concluded by saying that the property should not be left
Member Paulus made a motion to deny the request for rezoning from Planned
adustrial District to PCD-2 Planned Commercial District and Comprehensive Plan
designation from Industrial to Commercial for Lewis Engtneering/Kunz Oil
Property.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
It was the consensus of the Council that the matter be placed on the agenda for
June 21, 1993, for discussion as to whether the HRA should become proactive in
redevelopment of the subject property.
*APPEAL OF ZONING BOARD OF APPEBIS DECISION FOR SIDEYARD SETBACK VARIANCE FOB
6312 INDIAN HII;I.s ROAD VITBDRAWN
seconded by Member Rice to accept the written request of Gretchen Holland dated
June 4, 1993, vithdrawing the appeal of the Zoning Board of Appeals decision on
her request for a five foot sideyard setback variance at 6312 Indian Hills Road.
Motion was made by Member Kelly and was
Motion carried on rollcall vote - five ayes.
I ORDINANCE NO. 1993-8 ADOPTED (AHENDING CITY CODE TO ADDRESS USE OF AWNINGS,
CANOPIES AND MAROUEES AND To CHANGE NUMBEB OF FR.EESTA?dDING SIGNS PERM!lTED IN THE
PLANNED COHHEECIAL DISTRICT]: SECOND READING WAIVED Planner Larsen informed the
Council that, following their direction, staff had prepared amendments to two
sections of the sign ordinance as follows:
1) Freestanding Signs.
building in the PCD-2 District. Presently, the Code allows one
freestanding sign for each street frontage.
Awnings.
awnings as signs, whether illuminated or not.
The ordinance was revised to allow one sign per
2)
If the Council adopts the amendments, waiver of Second Reading is recommended.
The ordinance was revised to treat transparent or translucent
Mayor Richards called for public comment on the proposed ordinance amendment.
No comment or objection was heard.
Member Kelly moved adoption of Ordinance No. 1993-8 with waiver of Second Reading
as follows:
ORDINANCE NO. 1993-8
AN ORDINANCE AMENDING THE CITY CODE TO ADDRESS THE
USE OF AWNINGS, CANOPIES, AND MARQUEES AND TO CHANGE THE
NUMBER OF FREESTANDING SIGNS PERMITTED IN THE
PLANNED COMMERCIAL DISTRICT
Section 1. Subd. 13 of Subsection 460.03 is hereby amended to read as
"Subd. 13 Aun3ngs. Canopies, or Marquees.
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
follows :
A. Auniags, canopies or marquees shall be considered as part of the
vall area and thus shall not varrant additional sign area.
B. A~lngs, canopies or marquees constructed of transparent or
translucent material shall be deemed to be a sign panel for purposes
of deterrrintug sign area."
6/7/93 - 225
Section 2. Subd. 4 of Subsection 460.05 is hereby amended to provide that
the maximum number of freestanding signs allowed in the PCD-2 District shall be
one per building.
upon its adoption.
Section 3. This ordinance shall be in full force and effect immediately u>&% /\ \
ATTEST : Mayor
-.
City Clerk
Motion was for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted .
ORDINANCE NO. 1993-9 ADOPTED (LIFTING MORATORIUM ON ISSUANCE OF PERMITS FOR SIGNS
AND AWNINGS BY REPEALING SECTION 461 OF THE CITY CODE): SECOND READING WAIVED
Planner Larsen reported that, following adoption of the sign ordinance
amendments, staff would recommend lifting the moratorium on the issuance of sign
permits.
Member Smith moved adoption of Ordinance No. 1993-9 with waiver of Second
Reading as follows:
ORDINANCE NO. 1993-9
AN ORDINANCE AHENDING THE CITY CODE TO
LIFT THE MORATORIUM ON THE ISSUBNCE OF PERMITS FOR
SIGNS AND AVNINGS BY REPEAKING SECTION 461
THE CITY COUIUCIL OF THE CITY OF ~~ ORDAINS:
Section 1.
Section 2.
Section 461 of the City Code is repealed in its entirety.
This ordinance shall be in full force and effect immediately
upon its adoption.
AT'l'EST : Mayor
City Clerk
Motion for adoption of the ordinance was seconded by Member Paulus.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
' Ordinance adopted.
CITY AND RESIDENTS THANKED PUBLICLY FOR COOPERATION WITH THE EDINA ART FAIR
Karen Knudsen, Executive Director of the Edina 50th and France Association,
publicly thanked the City and the residents for their cooperation in making the
Annual Edina Art Fair, held on June 4, 5, and 6, a huge success. She especially
thanked the Public Works Department, the Police Department (both officers and
reserves), the Park and Recreation Department, Health and Licensing for their
assistance and the surrounding neighbors who had to cope with the vehicular and
pedestrian traffic.
*BID AWARDED FOR ARTICULATED SIDEWALK PLOW Hotion vas made by Member Kelly and
was seconded by Member Rice for award of bid for an articulated sidewalk plow to
recommended second low bidder, HacQueen Equipment, at $59,734.00.
did not meet specifications).
(Low bidder
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR FOUR-WHEEL DRIVE UTILITY mCTOR WITH CAB/DETACHABLE LOADER
226 6/7/93
Motion was made by Member Kelly and vas seconded by Member
for a four-wheel drive utility tractor with cab/detachable
low bidder, Scharber & Sons, at $22,500.00.
Motion carried on rollcall vote - five ayes.
Rice for award of bid
loader to recommended
*BID AWARDED FOR UESLEbDED (AWOLIETE FOR 3W3WEWMCE AT BRAEKAR GOLF COURSE Motion
vas made by Member Kelly and vas seconded by Member Rice for award of bid for
unleaded gasoline for maintenance at Braemar Golf Course to Rollins Oil Company,
not to exceed $13,000.00, per Hemepin Ccnmty contract #26403-232.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR FOURTH OF JULY FIREWOR.K!3 Motion vas made by Member Kelly and
vas seconded by Member Rice for award of bid for 4th of July fireworks to sole
bidder, Northern Wghter Pyrotechnics. Inc., at $7,300.00.
Motion carried on rollcall vote - five ayes.
CURB REQUEST OH THIELEN AIVENCIE DENIED FOR 5621 WOOD TAW. ST. MMS PARK
Engineer Hoffman reminded Council that, under a new ordinance, residents must
apply for a curb cut permit onto City streets when replacing or adding new curb
openings. Property owners at 5621 Wood Lane, St. Louis Park, have applied to
access Thielen Avenue for a garage installation on the backside of their Wood
Lane property.
surveying completed to determine if access is possible.
discussed this issue with the applicant and had requested a letter describing the
conditions that the applicant would be agreeing to if a curb cut was granted.
Engineer Hoffman noted that a letter dated June 3, 1993, had been received from
Stephanie J. Leckband, 5621 Wood Lane, confirming their understanding of the
specific conditions suggested by staff.
Engineer Hoffman advised that there are residents on Thielen Avenue who would not
like to see an additional curb cut granted.
public hearings on requests for curb cuts.
controversial it has been referred to the Council for review and decision.
The applicant has submitted a request and had appropriate
Also, staff has
The ordinance does not provide for
However, because this matter is
ProDonent Comment
Proponent Robin Pinck, 5621 Wood Lane, pointed out that St. Louis Park had
granted them a 15 foot setback variance to construct a new garage. A survey
report indicated that their property does abut Thielen Avenue. They plan to
construct' a hammerhead turnaround on their property for safety reasons.
also concerned about aesthetics and plan on adding vegetation and decorative
fencing. The garage would be low profile with a hip roof and the curb cut would
be 12 feet wide located as far to the easterly property line as possible so that
Thielen Avenue would still be viewed as a dead end street. Ms. Pinck said they,
too, are concerned with the appearance of the neighborhood and would do nothing
that would detract, become a safety issue or affect property values but would
like to use their property to its utmost potential.
They are
Public Comment
Tim Egan, 4369 Thielen Avenue, said the residents on Thielen Avenue had no
problem with the variance for construction of a two car garage on the property
but objected to the proposed access off Thielen.
existing driveway from Wood Lane in St. Louis Park that could provide access for
the new garage. He noted that the proponents pay property taxes to St. Louis
Park and submitted that none of the residents on Thielen could build a garage
within 35 feet of the street. He argued that a 12 foot driveway will lead to
additional confusion for drivers who will think it is a through street.
of the confusion resulting from the variance granted by St. Louis Park and the
request for curb cut from Edina, the residents hired an attorney to represent
them on this matter.
He explained that there is an
Because
6/7/93
L 227
Attorney Bill Egan, 2000 Lincoln Center, Minneapolis, spoke to the memorandum he
had submitted to the Council to assist the Thielen Avenue residents in opposing
the curb cut from Thielen.
authority to deny the application to use Thielen Avenue for access to the lot
from the rear. Based upon his research, the answer is l'yes'I because the
proponents do not have a right of access to Thielen Avenue - they are not owners
of property "abutting" Thielen Avenue in the legal sense of the word.
an Edina street and the applicants are residents of St. Louis Park.
Neither they or their predecessors in interest have ever paid property taxes for
the support of the street, have not paid special assessments for construction or
repaving of the street, curbs or sidewalks and have not paid for snow removal or
other maintenance of the street.
The question was raised as to whether Edina had legal
Thielen is
Mr. Egan said that although the City of St. Louis Park granted the variance, it
deferred to the City of Edina the issue of whether access to the property would
be permitted from Thielen Avenue.
residents and the clear showing that the proposed driveway will alter the
character of the surrounding property on Thielen Avenue and also for health and
safety reasons the Council should deny the application.
Given the objections of the Thielen Avenue
Also speaking in opposition to access from Thielen Avenue were Peter Worthington,
4381 Thielen Avenue; Les Kraus and Susan Rosenthal-Kraus, 4375 Thielen Avenue;
and Elaine Bonn, 4385 Thielen Avenue.
Proponent Stephanie Lenck, 5621 Wood Lane, spoke to the issue of aesthetics and
argued that because they have requested access from Thielen the garage could be
placed further back from Thielen and the residents would see less of the garage.
She pointed out that the existing vegetation is on their property and not on the
street right of way and that they intend to replace as much of the vegetation as
possible.
Council Comment/Action
Responding to Member Paulus, Engineer Hoffman said the proponents could still
build the garage with access from Wood Lane in St. Louis Park.
Member Rice asked whether the proponents intended to build the garage with or
without the requested curb cut.
was denied the location of the garage would change. They would need to ask
St. Louis Park for a variance for a rear yard setback from St. Louis Park's
ordinance standards.
The proponents responded that if the curb cut
Member Smith made a motion to deny the request for a curb cut from Thielen Avenue
for property at 5621Wood Lane, St. Louis Park.
Kelly.
Motion was seconded by Member
Member Kelly commented that the Council's charge is to protect the integrity of
Edina neighborhoods. This is a special neighborhood and Thielen Avenue was not
designed to have a house with a curb cut at the end. There is also a safety
issue not only for the residents on Thielen but also for the proponents, i.e.
emergency vehicles, snow plowing, etc. and the proponents do not support the
neighborhood through property taxes.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
INTEBM TRAFFIC REPORT GIVEN FOR COUNTRY CLUB DISTRICT
explained that City staff has been working with Dennis Eyler, Strgar-Roscoe-
Fausch, Inc., consulting engineers, on the Country Club District Traffic Study.
Actions completed include: 1) Options for reconstruction of Browndale Bridge were
Engineer Hoffman
6/7/93 22
identified and explored. 2) At a public meeting with
options were presented for widening Browndale Bridge.
for bridge widening. The residents became aware that
bridge capacity would create traffic impacts on other
the neighborhood the
There was little support
any option to reduce the'
I streets in the
neighborhood. 3) A committee was formed, with representation throughout the
neighborhood, to identify issues and propose and evaluate solutions to traffic
problems with a goal to develop a list of possible actions that would be accepted
throughout the neighborhood and acceptable to the Council. 4) Problems
identified included: large volumes of through traffic, speeding, poor stop sign .
compliance, poorly defined intersection controls at triangular intersections and
pedestrian safety issues. 5) The City collected traffic volume and speed data -
and the consultant prepared a traffic flow computer model of the neighborhood to
test the effect of any proposed solutions.
possjhle solutions were discussed for further refinement by the consultant.
7)
the computer model to determine the effects.
at Browndale Bridge coupled with traffic control measures in and around the
neighborhood along with measures to improve operations on surrounding arterial
roadways to encourage through-traffic to use those routes.
6) At a second committee meeting
Currently, the consultant is refining the alternatives and beginning to run
The alternatives consist of options
Engineer Hoffman explained that people travel through the area clearly for travel
time and speed. City streets are signed for 30 mph in Edina and a suggestion was
that if speed limits were raised on through streets, persons may choose not to
drive through neighborhoods. Other suggestions were one-way northbound, one-way
southbound, two-wayxone direction at a time) operation with traffic signal, two-
way (one direction at a time) operation with stop sign for southbound traffic,
minor widening of the Browndale Bridge, and closing the bridge to vehicular
traffic .
Intersections where additional traffic control might be necessary:
1.
2. Browndale-Edgebrook Place north intersection
3. Wooddale-Sunnyside area
Triangular intersections with Wooddale/Country Club Road
Negative impacts of solutions:
A.
B. c.
D.
E.
F.
Considered
1.
2.
3.
4.
Engineer
that the
the area
study .
Increased travel time and distance for residents
Traffic diversion from one street to the other
Enforcement requirements given current resources
Emergency vehicle response times
Set negative precedent for future neighborhood dealings
cost
Closing three northern connecting streets - 1) Browndale between 44th
and Sunnyside, 2) Wooddale between 44th and Sunnyside and 3)
Sunnyside between Arden and Grimes
Selected one-way roadways - 1) Browndale between 44th and Sunnyside--
one way northbound, 2) Wooddale between 44th and Sunnyside--one way
northbound, 3) Browndale Bridge--one way southbound
Restrict left-turns - Ban all left turns into the neighborhood during
peak hours, 2) Revise eastbound left turn signal at 50th and Wooddale
to allow turns on arrow only.
Increase number of stops for all possible route combinations through
neighborhoods to increase travel times and to be closer to those on
arterial roadways.
alternatives:
I Hoffman told that the committee would be meeting again on June 15, and
complete study would be before Council on July 6, 1993.
would receive information about the Council meeting and an update of the
Residents of
6/7/93
Ray Schipani, 4517 Wooddale Avenue, said neighbors have felt there is a lot of
traffic in the area and the data says there should be 8,000 vehicle trips per day
where actually there are 24,000.
CITY POLICY ON SEWER CONNECTION AFFIRMED FOR DBLOUIST ADDITION
recalled that with the approval of the Dalquist Addition, four new lots were
created to access the existing sanitary sewer crossing over the existing Dalquist
property. The new plat required a new road, new watermain, storm sewer and
relocating a portion of the sanitary sewer which costs are borne by the
developer. The City had not assessed the property, owned by Ruth Schaefer at the
time, when the sanitary sewer was constructed 20 years ago. All others in the
area paid an assessment of $1,838.57 per lot for sanitary sewer.
to charge the cost of the assessment plus five percent interest on the assessment
to the date of hook-up.
Engineer Hoffman
City policy is
This is standard for any location throughout the City.
In the Dalquist Addition four new lots hook up to the sewer line and therefore
need to pay the principal of $7,354.28 for four hook-ups, plus interest at five
percent until the date of hook-up. This would result in an estimated sewer hook.
up charge of $19,000.00 for the four lots as the interest has accrued over the 20
years since the original assessment.
Mark Dalquist, has submitted two letters dated March 12 and April 23, 1993,
indicating that he feels the price is too high in light of the fact that Ruth
Schaefer gave the City an easement to cross the property which resulted in less
construction cost.
and project documents and there is no clear indication as to what the final
disposition should be in this matter.
policy unless directly differently by the Council.
Mr. Dalquist had been at the meeting earlier but had already left.
Member Smith made a motion to reaffirm City policy that connection charges on
sanitary sewer or water hook-ups continue to be the cost of the assessment plus
interest on the assessment cost from date of assessment to date of sewer and
water connection.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Both Mr. Dalquist and staff have research the Council minutes
Staff would follow normal procedure and
Engineer Hoffman noted that
Motion was seconded by Member Rice.
I
RePORT GIVEN ON EDINA SENIOR CENTER
that at a past Council meeting the question of the relationship of the programs
that are that are being held at the Senior Center with those of the Community
Center was raised.
programming at the Edina Senior Center and Edina Community Education.
concluded that the relationship between the Senior Center and Community Education
is cooperative rather than competitive.
facilities to provide a comprehensive array of programs and classes to best serve
Edina's senior population. No formal action was taken.
Park and Recreation Director Kojetin said
Director Kojetin submitted a report of cooperative
He
The mutual respect has enabled both
VACANCY ON COMMUNITY EEALTH SERVICES ADVISORY COMMITTEE NOTED Mayor Richards
reminded Council Members that a vacancy for a provider exists on the Community
Health Services Advisory Committee and requested that Council to submit names of
interested persons willing to serve on the Committee.
*RESOLUTION ADOPTED APPROVING FIRE MUTUAL AID AGREEMENT AND FIRE EDUCATION
DISPLAY JOINT SERVICES AGREEBENT
Member Rice for adoption of the following resolution:
VBEBEbS, the City of Edina is a member of the Southwest Mutual Aid Association;
VBEBEBS, the Association has purchased a fire education display in the form of a
small house on a movable trailer ("the display");
Motion of Member Kelly and vas seconded by
RESOLUTION
230 6/7/93
'RHEBEBS, additional insurance is not required if the display is ovned by one of
the members rather than by the Association; and
WEEBEAS, an agreement providing for the ownership, use, scheduling, maintenance,
and storage of the display is in the best interests of all Association members.
1Jov, THEBEFOBE, BE IT RESOLVED by the City Council of the City of Edina,
Minnesota, that the Southwest Mutual Aid Association Joht Senices Agreement for
Use of Fire Education Display, a copy of which is attached, is hereby approved
and that the proper City officials are directed to execute said agreement on
behalf of the CiQ as a participating member of the Association.
Motion carried on rollcall vote - five ayes.
*LABOR CONTRACT FOR 1993 LOGAT, 49 OF THE OPERATING ENGINEERS REPRESENTING PUBLIC
WORKS A?$D PARK -CE Motion was made by Member Kelly and was seconded by
Member Rice to approve the Iabor Contract for 1993 betueen the City and Local 49
of the Operating Engineers as presented.
Motion carried on rollcall vote - five ayes.
*1993 X"ATI0HbL ASSOCIATION OF FIREFIGHTERS (IAFF) #1275 CONTRACT APPROVED
Motion was made by Member Kelly and was seconded by Member Rice to authorize
execution of the 1993 contract with the International Association of Firefighters
Local X1275 as presented.
Motion carried on rollcall vote - five ayes.
*FEYSIBII;CTP REPORT PRESBWF3: HEARING DATE OF 6/21/93 SET FOR SAT!?ITARY SEWER ON
POST IANE
adoption of the follorring resolution:
Motion was made by Member Kelly and vas seconded by Member Rice for
RESOLUTION PROVIDIL(IG FOR PUBLIC HEARING ON
SANITARY SEUER IMPRO- SS-383
1. The City Engineer, having submitted to the Council a prelbiuary report as to
the feasibility of the proposed improvement described in the form of Notice of
Hearing set forth below, and as to the estimated cost of such improvement, said
report is hereby approved and directed to be placed on file in the office of the
City Clerk.
2. This Council shall meet on Monday, June 21, 1993, at 7:OO P.M. in the Edina
Giq Hall, to consider in public hearing the dews of all persons interested in
said improvement.
3. The City Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper once
a week for two successive weeks, the second of which publication is to be not
less than three days from the date of said meeting, and to mail notice to all
affected properties in substantially the folloving form:
(Official Publication)
CrrP OF ED=
4801 VEST 50TH STBEET
EDm, Ht? 55424
NOTICE OF PUBTJC HEARING
POST LANE
SANITARY SEVEB
mR0- NO. SS-383
The Edina city Council will meet at the Edina City Hall, on Monday, June 21,
1993, at 7:OO P.H., to consider the follooring proposed improvement to be
constructed under the authority granted by Minnesota Statutes, Chapter 429.
approximate cost of said improvement is estimated as set forth below:
The
Estimated Cost
-Y SERER IMPROVEMENT NO. SS-383 $ 18,913.71
The area proposed to be assessed for a portion of the cost of the proposed
improvements includes:
Lots B and C, A.K.A. Parts of Lots 4, 5, and 6, Block 2, Naas Iake Side Addition,
6/7/93
These properties are proposed to be assessed at $9,456.86 per lot.
Marcella 24. Daehn, City Clerk
Motion carried on rollcall vote - five ayes.
COBB T.,ETlXR BEGARDING DOG ORDINANCE DISCUSSED In reference to a letter dated
May 11, 1993 from Irving Cobb, 5817 Ewing Avenue South, expressing concern with a
Rottweiler dog chained in his neighbor’s yard, Chief Bernhjelm said Jeff Elasky,
Animal Control Officer, has spoken with Mr. Cobb, the dog owner and the other
adjacent neighbor regarding this situation.
sensitive to the concerns of Mr. Cobb.
training and is being kept indoors unless attended by the owner.
neighbor had no problem with the dog and no other complaints have been received.
The dog owner was cooperative and
I
The dog is currently undergoing obedience
The other
Chief Bernhjelm concluded that at this time there appears to be no basis to
proceed under the dangerous dog provisions of the City Code.
*CLAIMS PAID Motion was made by Member Kelly and was seconded by Member Rice to
approve payment of the following claims as shown in detail on the Check Register
dated June 3, 1993, and consisting of 33 pages: General Fuud $211,529.74; CDBG
$5,206.00; Cable $754.59; Working Capital $673.24; Art Center $12,819.07; Pool
$6,848.70; Golf Course $40,930.29; Arena $9,421.53; Gun Range $1,298.01;
Edinborough/Centennial Lakes $30,057.61; Utilities $279,572.57; Storm Sever
$1,095.32; Recycling $120.56; Liquor Dispensary $31,572.27; Construction Fund
$5,610.95; TOT& $637,510.45.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council agenda, Mayor Richards declared
the meeting adjourned at 10:14 P.M.
City Clerk