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HomeMy WebLinkAbout19940321_regular983 HILWJTES OF THE BeGmda MEETING OF TBE EDINA CITY COUNCIL HELD AT CITY HAIL MARCH 21, 1994 R0I;LCALL Answering rollcall were Members Paulus, Rice, Smith and Mayor Pro-Tem I Kelly. CONSENT AGENDA ITEMS APPROVED by Member Rice to approve and presented. Rollcall : Ayes: Paulus, Rice, Smith, Motion carried. Motion vas made by Member Smith and vas seconded adopt the Council Consent Agenda items as Kelly DAY OF REHEMBRANCE OF VICTIMS OF THE HOLOCAUST PROCLAIMED presented the following proclamation which was unanimously adopted by motion of Member Smith and seconded by Member Rice: WHEREAS, six million Jews vere systematically murdered by Nazi Germany and their collaborators from 1933 to 1945, as well as hundreds of thousands of Sinti and Roma (Gypsies) and the handicapped; millions of Poles, religious and political dissidents, and those deemed by the Nazis to be "unworthy of life" were swept into this abyss; and WHEREAS, all citizens of the United States should remember the atrocities committed by Nazi Germany and their collaborators and recognize that each of us must remain vigilant against tyranny; and WHEREAS, Friday, April 8, 1994, has been designated, pursuant to an Act of Congress, as a Day of Remembrance of the Victims of the Holocaust, knm internationally as Yom Hashoah; and WHEREAS, it is appropriate for the citizens of Edina to join in this commemoration vith the United States Holocaust Memorial Museum, this nation's center for learning and remembrance of the Holocaust: NOW, THEBEFOBE, I, Mary H. Kelly, Mayor Pro-Tem of the City of Edina, do hereby proclaim the week of Sunday April 3, through Sunday, April 10, 1994, as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST Mayor Pro-Tem Kelly A PROCTAMATION. in memory of those victims and in the hope that we will strive, as a nation and individually, to overcome prejudice and inhumanity through education, vigilance and tolerance. ADOPTED this 21st day of March, 1994. TOBACCO FREE YOUTB DAY PROCLAIMED Mayor Pro-Tem Kelly read the followhg proclamation which was unanimously adopted by motion of Member Paulus and seconded by Member Rice: A PROCLAMATION. WHEREAS, more than 400,000 premature deaths occur each year in the United States from tobacco-related causes. opportunities for prevention are during childhood and adolescence. WHEREAS, at least 3.1 million adolescents are current smokers, and smoking is most common among 17 and 18 year olds vith about 25 percent of these young people smoking. WHEREAS, nicotine is often the first drug used by young people who use alcohol, marijuana and harder drugs. WHEREAS, for most smokers, nicotine addiction begins during childhood or adolescence. FJHEaEbs, cigarette advertising appears to increase young people's risk of smoking by conveying that smoking has social benefits and that it is more common than it really is. The epidemic is totally preventable - and the key 3/21/94 184 VHEBEbS, in Minnesota, packs of cigarettes in teenagers were illegally sold over four and a half million 1991. VHEaEBS, the most effective preventive programs are community wide ones that combine education and public policy approaches. NOU, TEERJIFORE, I, Mary E. Relly, Mayor Pro-Tem of Edina, do hereby declare March 24, 1994, as TOBACCO FREE YOUTH DAY and urge all citizens of Edina to take part in this most important day. ADOPTED this 21st day of March, 1994. I PRESEN'I'ATION OF AWARD TO CITY FROM HINNESOTA SOCIETY OF PROFESSIOHAL ENGINEERS Manager Rosland advised the Council that the City of Edina is the recipient of the "Seven Wonders of Engineering in Minnesota Award for Distinguished Engineering Achievement" presented annually by the Minnesota Society of Professional Engineers. The award recognized the llChiall Wall constructed on Blake Road along the southwest shore of Mirror Lake. stabilized earth (MSE) wall with a vegetated face and is the first of this type to be constructed in the state of Minnesota. to City Engineer Hoffman and congratulated the Engineering staff on the project. The wall is a mechanically- Manager Rosland presented the award *MT"ES OF REGUIAR COUNCIL MEETIXG OF HARCH 7. 1994. APPROVED Motion vas made by Member Smith and was seconded by Member Rice to approve the minutes of the Regular Council Meeting of March 7, 1994. Motion carried on rollcall vote - four ayes. PUBLIC HEARING CONDUCTED ON PRE-Y REZONING (PLANNED COMMERCIAL DISTRICT, PCD-4 AND SINGLE DW"G UNIT DISTRICT. PRD-4) FOR 4101 VEST 50TB STREET. 5014. 5016 AND 5024 HALIFAX AVENUE: EEARIt?G R-1 TO PLANNED RESIDENCE DISTRICT, I CONTINUED TO 4/4/94 Affidavits of Notice were presented, approved, and ordered placed on file. Presentation bv Planner Planner Larsen stated that the subject property is generally located West of Halifax Avenue and south of 50th Street and includes the Fina service station and the three single family properties immediately to the south. requesting rezoning from Planned Commercial District, PCD-4 and Single Dwelling Unit District, R-1 to Planned Residence District, PRD-4. On February 2, 1994, the Planning Commission reviewed a four story, 24 unit multi-family redevelopment with underground parking for the service station and the first two single family properties. The hearing was continued to allow the developer time to address several issues, i.e. building height, density, lot coverage, setbacks and exterior design. The proponent is On March 2, 1994, the Planning Commission considered revised plans submitted by the proponent. First, the third single family lot of nearly 10,000 square feet (5024 Halifax) has been added resulting in a total site size of 48,115 square feet. Second, unit count has been increased from 24 to 28 units. Third, the building has been lowered from four to three stories. been further detailed and more bays have been added. Finally, the exterior has Zoning Ordinance evaluation for the revised proposal is as follows: Densitv Gross lot area required per unit is 2,900 square feet Credits : Under building parking 500 square feet per space up to 1.5 spaces per unit 81,200 square feet -21,000 square feet 3/21/94 185 -14,000 square feet Type I or I1 Construction 500 square feet per unit Required lot area Lot area provided No variance required. Building Coverage I Maximum coverage allowed Proposed coverage Lot coverage variance required Building Setback Minimum setback 46,200 square feet 48,115 square feet 30.0% 35.3% 5.3% 35 feet or building height if greater Setback Provided Setback Required North 45 feet 35 feet East 10 feet 37.5 feet South 49 feet 36 feet West 48 feet 36 feet Variance of 27.5 feet required from east property line. Parking Required: Covered parking 1.25 per unit Surface parking .75 per unit No parking variance required. Total 2.00 per unit Proposed: 51 spaces or 1.82 per unit 14 spaces or .5 Der unit 65 spaces or 2.32 per unit The 50th and France Commercial Area Redevelopment Plan, adopted by the HRA and the Council in 1974, shows the three single family dwelling lots, comprising 30,000 square feet, as potential residential redevelopment for 14-16 units. Comprehensive Plan illustrates the subject lots as suitable for high density residential. The proposed redevelopment would require that both plans be amended. The Both plans show the service station site as Commercial use. Planner Larsen pointed out that, although not part of this hearing, the vacation of a portion of the alley from Halifax Avenue to Indianola Avenue is critical to the proposed redevelopment. westerly property line of the site out to Halifax Avenue. the alley are the residents of the nine unit apartment building immediately west of the service station. By letter dated March 17, 1994, the property management company for the apartment building has expressed concern that the closing of the alley would significantly restrict the ingress/egress ability of the residents who currently use the alley to access the traffic light at Halifax/SOth Street to turn east or west. They have requested that the residents, by means of a private easement, be able to cut though the development's parking lot to access Halifax Avenue and the traffic signal. The alley is proposed to be vacated from the The primary users of Another concern that has been raised is the existing traffic and the traffic that would be generated by the residents of the proposed building. that for a 28 unit building approximately eight trips per unit per day would be generated, i.e. 220 trips per day. A recent survey conducted for an hour and one-half period in both the morning and the afternoon indicated that the service station generated 140 trips for a total of up to 300 trips per day. The trip generation from the three existing single family dwellings is estimated at 36 trips per day. building would be equal to or less than from the existing uses. It should be noted that the current two curb cuts into the service station which are close to It is anticipated Staff has concluded that the trips generated from the proposed 3/21/94 186 the for signalized intersection would be eliminated. Two new curb cuts are proposed -- the building. One ingress only would be located at the westerly property line on 50th Street and a two-way primary entrance for the residents would be at the southerly property line on Halifax Avenue leading directly to the underground garage entrance. At its meeting of March 2, 1994, the Planning Commission recommended preliminary rezoning approval with the following conditions: 1) Final rezoning. 2) Replatting of the property. 3) Amendment of the Comprehensive Plan. 4) Amendment of the 50th and France Plan. 5) Vacation of portion of the alley. 6) Watershed District permit. 7) Lot coverage variance (5.3%) and setback variance (27.5 feet). 8) Landscaping plan, building materials description, drop-off detail and traffic analysis at time of final rezoning. Presentation bv ProDonent Mark Haymaker, Haymaker Construction, Inc., presented a graphic illustrating the proposed development. He explained that, in response to concerns of the Planning Commission, they have incorporated the third single family property into the site, have reduced the building from four to three stories and have added more window bays and notches to architecturally reduce its massive appearance. said their goal is to design a building that will fit in with the characteristics of downtown Edina. long, continuous store fronts and that both the multi-unit Regency and The Lanterns are five story buildings. Mr. Haymaker elaborated that they will try to keep as many of the existing trees as possible, will incorporate additional landscaping, and will use high quality materials to construct an upscale condominium building. The building.wil1 be three stories in height, will have underground parking, and some type of vaulted ceiling is proposed for the top floor. tacJsy look, no outside porches are proposed. be brick and will compliment the downtown area of Edina. He He pointed out that the adjacent commercial buildings have To avoid the potential for a cluttered, The exterior material will mainly Member Smith asked for the proposed building height at its tallest point and how it related to The Lanterns. the highest point and that The Lanterns is at 58 feet. Mr. Haymaker responded that it would be 38 feet at Member Rice asked if Haymaker Construction had done similar projects and what the anticipated price range would be for the units. Edina they had constructed the five story Jerry's Foods building and the townhouse project at Interlachenflernon. projects in Bloomington, Apple Valley and Blaine. would be $180,000 to $250,000 with the average unit comprising 1400 square feet. Mr. Haymaker answered that in He also mentioned other apartment Price range for the units Member Paulus asked if the proposed development would be tied more to the commercial area or the residential area, who would be the prospective buyers and if there would be any controls placed on the unit owners regarding traffic flow through the neighborhood. aesthetically and architecturally to both the commercial and residential areas. Interested buyers include younger professional couples as well as Edina empty nesters. the City regarding concerns of the neighborhood. Public Comment Lynn Griffith, 5124 Halifax Avenue, expressed concern about the length of the Mr. Haymaker said the development would be tied Concerning traffic, Mr. Haymaker said he would be willing to work with 3/21/94 187 building, noting that it would be out of character for the area. Penny Van Kampen, 5117 Halifax Avenue, raised questions about the 50th and France Commercial Area Plan, the exterior materials for the proposed building, and said she was concerned about the loss of the large trees on the site, whether sidewalks were proposed for the development and the traffic in and out of the site. I Jerome Smith, 5100 Halifax Avenue, said he felt the proposed building was too long and high, would take away the quaintness of the area and was not sensitive to the residents of the neighborhood. add to the existing traffic problems. In conclusion, he said Mr. Haymaker is more concerned with the commercial interests of the City than that of the residents. He observed that the project would only Mike Dumond, 5032 Halifax Avenue, commented that at three stories the building would look more like a commercial structure than residential and because of the grade change would be even more imposing on the south end. He expressed concern that the project would increase traffic backup at peak times and would result in more traffic through the neighborhood. Marna McPhail, 5109 Indianola Avenue, said she was concerned about where residents of the building would be picked up or dropped because of the traffic going in and out of Lund' s . Sara Van Winkel, 5121 Halifax Avenue, expressed concern for the safety of the 16 children in the first block on Halifax because there are no sidewalks. Because 50th and France is such a congested area, drivers tend to cut through the neighborhood. She also questioned whether the landscaping would be adequate and said she was concerned about losing the large oak trees on the back of the site, and the size and appearance of the building. Jill Methune, 5308 Halifax Avenue, said she moved to Halifax Avenue a year and a half ago and would not have purchased that home if she had known what the 50th and France Commercial Area Plan envisioned for the site. She suggested a better project would be row houses similar to those in Georgetown, D.C. L Scott Borene, 5117 Halifax Avenue, commented that he felt the proposed development was too ugly, too big, out of scale and not appropriate for the neighborhood. more appropriate. added traffic. He asked the Council not to rush to a decision. He concurred that something smaller scale like townhouses would be He also expressed concern for loss of the large trees and Sharon Maetzold, 5114 Halifax Avenue, said the petitions that were circulated in the neighborhood objected to the proposed building at 256 feet in length and would like to see it decreased by 50 feet to better fit in with the neighborhood. David Jacobson, 5021 Indianola Avenue, asked if a fence or retaining wall would go behind the proposed building. Further, he asked what it would take to get a variance for his property if he were to propose constructing an 8-10 unit building. Andy Castellano, 5108 Gorgas Avenue, said he was concerned that this project would be another "Regency" all over again which he considered to be an ugly building that lacked character. The other issue is lot coverage which under the revised proposal in reality is actually 17% above the normal maximum allowed. concluded by saying he was not opposed to a multi-unit building there but was concerned with lot coverage, losing trees and the design of the building. He 3/21/94 188 Tom Fletcher, 5137 Halifax Avenue, commented that the site as suitable for 14-16 residential units. the 50th and France Plan showed He said he would not have a problem with that size development but objected to something as big as what is proposed. building and feel it should be shortened. He observed that all the neighbors are objecting to the length of the Carol Ryan, 5115 Halifax Avenue, said her big concern was the traffic on Halifax and asked that there be an extensive traffic survey before the Council votes on the proposal. Without sidewalks, she expressed concern for the safety of the 16 children living on her block. Eileen McCauley, 5025 Indianola Avenue, said she lives directly behind the third house recently purchased for inclusion in the site. purchased the house in September and would not have done so if she knew something like this was going up in the neighborhood. proposed building will cut down on the personal enjoyment of her home and will decrease the value of her property. She told Council she just She said that the length of the Dan Sundt, 5024 Indianola Avenue, said his concern was with the traffic and that adding 28 more cars coming and going in the area is ridiculous. Roberta Castellano, 4854 France Avenue, said members of her family live in the neighborhood. units, question of demonstrated hardship, sidewalks, traffic pattern at 50th Street/Halifax, building length, building setback from Halifax, and traffic safety . Her concerns and issues included the increase in the number of Marty Rud, President, 50th/France Business and Professional Association, said the concernpf the association members was that the development would fit in the master plan for the area. building that goes up. Their objections concern the length and type of ResDonse bv Proponent Mark Haymaker, Haymaker Construction, said there would be sidewalk along the building sides. the concerns of the neighbors. could be made to Halifax Avenue to reduce traffic. use proposed would lower the traffic counts from that generated by the existing service station. He said he has observed the traffic on Halifax and understands He said he would support whatever improvements He argued that the type of Regarding the number of units proposed, Mr. Haymaker said tKe 50th/France Plan showing 14-16 units for the residential properties did not take into account the Fina property. argument for the 28 units now proposed. added to the site to appease the neighbors by lowering the building height. By incorporating the Fina square footage it would make the He explained that the third house was Mr. Haymaker said at final approval they will represent to the Council the plans for materials, elevations, dropoff area, landscaping, etc. He noted that the ingress/egress will be reduced in number from the existing five to two. entrance on Halifax has been moved further south to improve the sight line for vehicles coming around the curve at Lund's. The Regarding the concern for the trees, Mr. Haymaker pointed out that there are 12 mature trees on the site, three of which lie within the footprint of the building and will be lost. He said they plan to add landscaping to compensate. In terms of the %eighborhood", Mr. Haymaker said it includes a parking ramp, a brick wall (Lund's) facing the residential area, a parking lot, retail stores, and a service station, 3/21/94 189 As to impact on the City, he said the development would provide the opportunity for residents of the City to stay in Edina and would release their homes for younger families. meet ADA requirements. It would serve handicapped residents because the project will It would also build the City's tax base. Mr. Haymaker concluded by asking the Council to support the development which he believed to be in keeping with the integrity of the City. Further, that they are willing to make whatever changes the City feels necessary to make this a viable and top quality project. John Nissen, Bernard Herman Architects, said he was the architect for the project and wished to clarify the proposed building design. He pointed out that the height at the middle entrance point is 37.5 feet; at the south end the height is 35 feet. proportion, a residential character, and breaks the roof line into three segments. Were the mansard roof to be eliminated it would reduce the building height but would not be of benefit for building aesthetics. setback, he explained that the setback is measured from the entrance canopy which projects out from the building approximately 10 feet. the rendering being shown does not represent the building in three dimensions. He said, in their opinion, the building design is sensitive to both the commercial and residential surroundings and that the proposed use and design is appropriate. As to density, he observed that the increased number of units is in compliance with Zoning Ordinance requirements for the site. addition of the third residential property, more green space is provided than shown on the original plan. He explained that the mansard roof gives the building better The two recesses in essence creates the appearance of three buildings. With reference to the building Mr. Nissen indicated that Also, with the Council Comment/Action Mayor Pro-Tem then asked for comment and action on the preliminary rezoning as requested. Member Rice commented that this is the first time the Council has seen the proposed development, and while the Council has the report of the Planning Commission many questions remain and he was not in a position to make a decision on anything at this time. As to the citizens who question the planning process, Member Rice said the Council does take these matters seriously and constantly have in mind and review the Comprehensive Plan. Member Rice said that traffic per se is not the issue; the question is traffic circulation. He suggested that staff review the 1988 traffic study of Halifax Avenue to determine if there are any significant changes that would impact the conclusion made then. in that area would not materially impact the area's traffic. Questions as to circulation, guest parking, drop-off area should certainly be addressed by staff and the proponent before the Council seriously considers the proposal. He submitted that in his judgement a multi-unit building Member Rice said this hearing is about land use and that he would support the proposed use but maybe not at this density. alleyway, he said he would want staff's opinion on that question. questions that have been raised, Member Rice said he would want to see a development agreement that would detail specifically what the community is going to get. Regarding the question of use of the As to specific Concerning the question of building height, Member Rice said he would like to know the height in feet of the larger surrounding buildings. length, he agreed that it appears too long in everyone's judgement. issue of trees, he said they should.be saved if possible but he did not think a project of this size should be gerrymandered around existing trees. Regarding building As to the As to lot 3/21/94 .. 190 coverage, Member Rice said he concurred that the variance being requested is actually a 17% variance, and felt that was excessive although some percent of variance may be warranted in this case. Continuing, Member Rice said he would like to look at other projects that have been designed by Mr. Nissen. Concerning the setback variance, he said it was significant even if calculated from the building instead of from the canopy. He said he would also like to see building elevations from the south and west which are oriented to the residential neighborhood. As to the comment that the density was in compliance with the Zoning Ordinance, Member Rice observed that the density will be what the Council concludes it should be. Other comments relative to the site plan, trees, green space, parking, etc. will be addressed later in the process if the project proceeds. He concluded that the more complete the plans are when presented the easier it is for the Council to consider and make its decision, but that is at the discretion of the proponent. Member Smith complimented Member Rice in identifying the type of issues the Council is concerned with and said he concurred with most of his comments. He said he felt the.land use is appropriate but that he was not impressed with the project as presented. Member Paulus commented that this is not a popular vote because the Council must look at the proposal for everyone in the City, not only those immediately impacted but also those of future generations. consider the rights of the proponent as well as the rights of the individual homeowner. property owner. As to the impact on the City, Member Paulus said she is not influenced by the dollars to the City but considers all impact categories. With regard to the request for a traffic study, she said all studies that have been done in the City are always inconclusive. Further, that the City cannot cut off public use of the streets. She said the Council has to The issue of trees and green space is the right of the individual Member Paulus said the issue of greatest concern to her was that of variance. State Statute clearly states that variance must be based on hardship that is not self-imposed. In this case, she believed the variances were self-imposed, i.e. the size of the project is tied to the fi an ial aspect, and therefore she could not vote in favor of the proposal. Member,,concluded that she had great concern that this proposed building would severely alter the look of the neighborhood. FauEus Mayor Pro-Tern suggested that, because of the number of questions raised by the Council, the matter should be continued to the next meeting when the full Council could address the rezoning request. study as related to area circulation, issue of vacation of the alley, height of surrounding buildings and hardship basis to support the requested variances. Specifically, review of the 1988 traffic Member Rice made a motion to continue the public hearing on the rezoning request to PRD-4 for 4101 West 50th Street, 5014, 5016 and 5024 Halifax Avenue to the meeting of April 4, 1994, to allow staff to present further information on the issues raised. Motion was seconded by Member Smith. Ayes: Paulus, Rice, Smith, Kelly Motion carried. I Member Smith suggested that the proponent work with staff in an effort to resolve the issues that have been raised. Mr. Haymaker responded that they may be able to redesign the building but would need the front setback variance in order to build on the site. 31 2 11 94 191 PUBLIC HEBRING CONDUCTED: 1994 URBAN HENNEPIN COUNTY CDBG PROGRAM APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Pursuant to due notice having been given, a public hearing was conducted on the Community Development Block Grant (CDBG) Program for Year 1994. Presentation bv Planner Planner Larsen advised Council that Edina's 1994 Community Development Block Grant (CDBG) entitlement is $197,821 out of Hennepin County's $3,688,000 budget. This reflects a 10.8% increase over the 1993 allocation and is attributed to the 10.8% increase Hennepin County received from HUD. The proposed 1994 program was presented to the Human Relations Commission on March 15, 1994. public service funding portion to reflect no increase for the H.O.M.E. program over 1993 ($24,074) and that the additional $490.00 proposed for H.O.M.E. be redirected toward the Child Day Care program. As a result, H.O.M.E. would utilize 61% of the public services funding; Child Day Care would utilize 34% and C.A.S.H. Homeline would utilize the remaining 5%. The proposed budget was presented as follows: The Commission recommended approval but voted to amend the PROJECT BUDGET $ 2,000 C.A.S.H. HOMEline 13,490 Child Day Care Subsidy Housing and Outdoor Maintenance for the Elderly (H.O.M.E.) 24,074 Adaptive Recreation 1,500 Rehabilitation of Private Property 40,000 Removal of Architectural Barriers 116,757 TOTAL $197,821 Member Rice moved adoption of the following resolution: RESOLUTION BPPROVING PROJECTED USE OF FUNDS FOR 1994 URBAN HENNEPITi COUNTY COMMUNITP DEVELOPMENT BLOCK GRANT PROGRAM VHEBEBS, the City of Edina, through execution of a Joint Cooperation Agreement with Hennepin County, is cooperating in the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, 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 March 21, 1994 to obtain the views of citizens on local and Urban Hennepin County housing and community development needs and the City's proposed use of $197,821 from the 1994 Urban Hennepin County Community Development Block Grant. BE IT RESOLVED that the City Council of Edina approves the following projects for funding from the 1994 Urban Hennepin County Community Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the 1994 Urban Hennepin County Community Block Grant Program Statement of Objectives and Projected Use of Funds: PROJECT BUDGET C.A.S.H. HOMEline $ 2,000 13 , 490 Child Day Care Subsidy Housing and Outdoor Maintenance for the Elderly (H.O.H.E.) 24 , 074 Adaptive Recreation 1,500 Rehabilitation of Private Property 40 , 000 Removal of Architectural Barriers 116.757 TOTAL $197,821 ADOPTED this 21st day of March, 1994. Motion for adoption of the resolution was seconded by Member Smith. Ro 11 call : Ayes: Paulus, Rice, Smith, Kelly Resolution adopted. *BID AWARDED FOR BRAEMAR GOLF COURSE WORK VEHICLE Motion was made by Member 3/21/94 192 Smith and was seconded by Member Rice for award of bid for a workvehicle for Braemar Golf Course to recommended low bidder, HTI Distributing Co., at $10,863.00. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR UTILITY DEPARTMENT VAN seconded by Member Rice for award of bid for one mini-cargo van for the Utility Department to Thane Hawkins Chevrolet at $13,066.49, through Hennepin County contract #2843~3. Motion was made by Member Smith and vas Motion carried on rollcall vote - four ayes. FIXDINGS ADOPTED: PERMIT GRANTED TO KEEP ExTRh PETS AT 4737 HIBISCUS AVENDE Sanitarian Velde recalled that William Wright, 4737 Hibiscus Avenue, had submitted a permit application to keep extra dogs and cats following amendment of the City’s ordinance to establish such process. On March 7, 1994, the Council held a public hearing on the request and staff was directed to prepare findings for consideration by Council on March 21, 1994, in support of granting a permit to keep the two dogs and three cats specified in the application at 4737 Hibiscus Avenue. Sanitarian Velde presented the findings of fact that the proposed permit would: A. Not be a nuisance. B. Conclusion: A. B. C. Not be detrimental to the public health and safety of the applicant or other persons in the vicinity. The procedural requirements of the Ordinance have been met. The permit should be granted as requested. Conditions or restrictions applicable to this permit: The two dogs will be kept in the fenced area, the three cats will be kept indoors with one cat having limited freedom outdoors. Observe all regulations relative to Animal Control Ordinance. D. This permit shall be effecttve March 21, 1994, however, this permit shall lapse and be of no effect unless all conditions and restrictions are observed and the applicant observes all City Ordinances applicable to the keeping of dogs and cats. I Member Paul- made a motion to adopt the findings as presented and to grant a permit to Uilliam and Sandra Uright to keep the two dogs and three cats at 4737 Hibiscus Avenue as specified in the permit application. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Kelly Motion carried. PUBLIC HEARING HELD ON APPLICATION FOR PERMT TO KEEP EXTRA PETS AT 4817 VANDERVORK AVENUE Affidavits of Notice were presented, approved and ordered placed on file. Sanitarian Velde advised Council that George Tate, 4817 Vandervork Avenue, has submitted an application to keep four English Springer Spaniel dogs and two English Cocker Spaniel dogs at his address. application has been sent to all properties within 200 feet of the subject property. Notice of public hearing on the Presentation bv ADRliCant George Tate, 4817 Vandenrork Avenue, told Council that his dogs are AKC registered field-bred dogs which he and his son train and run in field trials. He explained that his son has moved back from Colorado and at some point in time will move out and take two of the dogs with him. Mr. Tate said although they may breed a dog, they do not intend to whelp dogs at their home as that would be done 3/21/94 193 under more professional circumstances; range from $1500 to $3000 and they take good care of them, i.e. dogs are fed strict diets, the yard is kept absolutely clean as is the one outside kennel. Mr. Tate added that the yard is fenced and that he has talked with all his neighbors who do not object to having the six dogs on the property. Member Paulus asked if the dogs are outside for extended periods and if Mr. Tate understood that the.permit would apply only to the specific dogs listed thereon. Mr. Tate responded that the dogs are only out for short periods of time and if they begin to bark are brought in. He said he understood that if he wished to replace one or more dogs he would have to apply again for a permit for any replacement dog. He mentioned that the value of these dogs Member Smith suggested that any findings in this case indicate that'two of the dogs will leave when Mr. Tate's son moves out. Public Comment Gordon Bauman, 5233 Hollywood Road, explained that the corner of his lot abuts the corner of.Mr. Tate's-lot and that Mr. Tate has not spoken with him regarding this matter. Mr. Bauman mentioned that he is fond of dogs, has owned them in the past and thought the Tates only had two dogs, which have never been a problem. He said he would have concern about barking dogs because an adjacent property has three dogs and would report such barking because he was aware that the City had an ordinance regarding this. Member Smith interjected that the permit would be conditioned on observing all regulations relative to the Animal Control Ordinance. Member Paulus explained that the permit process for extra pets was established to allow residents who already owned extra pets to be allowed to keep them if they were not a problem. Charlotte Gregory, 4821 Vandervork Avenue, testified that the Tate's dogs are never out unless, an adult is around, the dogs are a joy to watch, the yard is cleaned twice a day and there is no odor. She said that the Tates have had dogs for the 20 years they have lived there and the dogs have never been a problem. Mrs. Gregory said other dogs at an adjacent property bark whenever they raise their garage door. Council Conunent/Action Member Rice made a motion that staff be directed to prepare findings for consideration by the Council on April 4, 1994, in support of granting the Tates a permit to keep the six dogs at 4817 Vandervork Avenue as described in the application. Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Kelly Motion carried. ON-SALE WINE LICENSE AND 3.2 BEER LICENSE APPROVED FOR GREAT FOOD. dba/ORIGINAL PANCAKE HOUSElMP PIE applications for an On-sale Wine License and 3.2 Beer License from Great Food, Inc. who are the new owners for the Original Pancake House/My Pie restaurant at 3501 West 70th Street. applications and conducted the necessary investigations and would support issuance of the requested licenses. Upon Council approval, necessary documents would be submitted to Minnesota Liquor Control for their approval of the On-sale Wine License. Manager Rosland advised Council the City has received The Police and Health Departments have reviewed the Member Rice made a motion to approve the On-sale Wine and 3.2 Beer Licenses for Great Food, Inc., dba Original Pancake Housepy Pie. Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Kelly Motion carried. 3/21/94 194 ON-SALE VIlPE LICENSE RENEWAT23 APPROVED Assistant since the Council Meeting of March 7, 1994, Chief Manager Hughes reported that Bernhjelm and he had met with Eric Olson, legal counsel for Mick's at Southdale. Mick's has submitted a letter dated March 18, 1994, from its General Manager, Joseph F. Gainor. ensure compliance with the requirements of the Edina City Code. In staff's opinion, Mick's Southdale has demonstrated willingness to improve their compliance with the requirements of their wine license and the plan outlined represents a reasonable approach to improving their situation. As a result of that meeting, The letter outlines the plan which Mick's will implement to Staff would recommend renewal of Mick's wine license, subject to the following conditions : 1) 2) Implementation by Mick's on the in-house training and inspection program as outlined in their letter. Increase in the number of City inspections during the license term (normally three inspections are conducted). In this case, staff would recommend that six inspections be conducted with the cost of these additional inspections borne by Mick's. Violations discovered during the license term will be presented to the City Council for the purpose of considering the revocation, suspension or other sanctions with respect to Mick's license. 3) Joseph Gainor, General Manager for Mick's, said that he has emphasized to the wait staff that wine and beer may be served only after a meal has been ordered and assured Council that compliance is being taken very seriously. Member Rice made a motion to approve issuance of renewal of an On-sale Wine License to Hick's at Southdale, 1127 Southdale Center, subject to the conditions as presented by staff. Motion was seconded by Member Smith. Ayes: Paulus, Rice, Smith, Kelly Motion carried. Manager Rosland advised Council that staff would recommend approval of On-sale Wine License renewals for Rossini's Restaurant, 7373 France Avenue, and Original Pancake House/My Pie, 3501 West 70th Street. Member Paul- made a motion to approve issuance of On-sale Wine License renewals to Rossini's Restaurant and the Original Pancake Housepy Pie. seconded by Member Smith. Motion was Ayes: Paulus, Rice, Smith, Kelly Motion carried. APPLICATION FOR RENERAI. OF 3.2 BEEB LICmSE FOR AMEXKCAN LEGION DISCUSSED; APPROVED FOR VARIOUS ESTABLISHMENTS American Legion, 7070 Amundson Avenue, has applied for renewal of their 3.2 On- Sale Beer License. Staff would recommend non-renewal of the license because following a search of the premises all evidence supported the conclusion that the American Legion has been serving and selling intoxicating liquor in violation of State law and Edina Ordinances. In addition, Minnesota Liquor Control have begun revocation proceedings against the 3.2 Beer License held by the Legion. Attorney Gilligan has advised that if Council wishes to proceed with the non-renewal, a hearing must be scheduled. Member Smith made a motion setting April 4, 1994, as hearing date for non-renewal of the 3.2 Beer License to American Legion, 7070 Ammdson Avenue. seconded by Member Rice. H.EARR?G DATE FOR NON-RE"WAL OF LICENSE SET FOR 4/4/94: BEER LICENSE RENEWAT23 Chief Bernhjelm informed Council that the Motion was Ayes: Paulus, Rice, Smith, Kelly 3/21/94 195 Motion carried. Member Smith then made a motion to approve 3.2 Beer License renewals for the following establishments: On-sale - Braemar Golf Course, Braemar Golf Dome, Ciatti’s Italian Restaurant, Correlli’s Pizza & Pasta, Daytons Food Service, Empress Restaurant, Good Earth Restaurant, Two Guys from Italy, Hawthorn Suites Hotel, Original Pancake House/My Pie, Pantry Restaurant, Pizzeria Uno, Q.Cumbers, Rossini’s, Ruby Tuesday, Szechuan Star Restaurant, T J‘s Family Restaurant, The Lotus 111, Tour Cafe; Off-sale - Country Store, Edina Superette, Holiday Stations, Jerry’s Foods, Kenny’s Market, and SuperAmerica. Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Richards Motion carried. RESOLUTION ADOPTED REOUESTING CONVEYANCE OF OUTLOT A. INDIAN HILLS WEST TO CITY FOR WETLAND AND FLOOD CONTROL USE Engineer Hoffman presented information and recommendation concerning the following parcel on Hennepin County Non- Conservation Classification List 805-NC submitted to the City on March 7, 1994: Indian Hills West - Outlot A (06-116-21-32-0074) The subject parcel was declared forfeited to the State of Minnesota for non-payment of taxes on October 7, 1993. contains a stormwater detention pond. area. wetland and flood control purposes. Outlot A is a part of the development of Indian Hills West and This pond serves as a stormwater holding Staff would recommend that the City acquire the property for public Member Rice introduced the following resolution and moved adoption: BE IT RESOLVED by the City Council of the City of Edina that the City Clerk be authorized and directed to file “Application by Governmental Subdivision for Conveyance of Tax Forfeited Lands”, for the following described property contained in Hennepin County Non-Consemtion Classification List 805-NCY said property to be used by the City as hereafter set forth: Outlot A, Indian Hills West ( PID 06-116-21-32-0074) Public wetland and flood control purposes. RESOLUTION FOR ACQUISITION OF TAX FORPEIT IAND ADOPTED this 21st day of March, 1994. Motion for adoption of the resolution was seconded by Member Rice. Rollcall : Ayes: Paulus, Rice, Smith, Kelly Resolution adopted. RESOLUTIONS ADOPTED APPROVING PLANS FOR TRAFFIC CONTROL SIGNAL SYSTEM RECONSTRUCTION AT VEST 58TE/F” CE AND VEST 54TH/F” CE informed the Council that Hennepin County will be reconstructing the traffic signals at West 54th Street/France Avenue and West 58th Street/France Avenue. Hennepin County has requested that the City approve the plans and to authorize participation in construction of these new signals. specify cost sharing based on the number of entering legs into the intersection. Engineer Hoffman The project agreements At the West 54th/France intersection the cost split would be 25% Minneapolis, 25% Edina and 50% Hennepin County. At the West 58th/France intersection the cost split would be 50% Edina and 50% Hennepin County. These cost splits are the standard Hennepin County policy for traffic signals. The share for Edina is estimated at $20,099.00. The share for Edina is estimated at $40,710.00. Member Paulus introduced the following resolutions and moved adoption: RESOLUTION APPROVING PLANS FOR HENNEPIN COUNTY PROJECT NO. 9008 AND AUTHORIZING MAYOR AND MANAGER TO SIGN AGREEMENT NO. PW 36-11-92 THEREFOR 3/21/94 196 RHEREAS, plans for Hennepin Counq Project No. 9008 for reconstruction of the traffic control signal system at the intersection of West 58th Street with County State Aid Highway No. 17 (France Avenue) have been prepared and presented to the City Council of Edina, Minnesota: NOW, THEREFORE, BE IT RESOLVED, that said plans for Hennepin County Project No. 9008 be in all things approved. BE IT FURTHER RESOLVED, that the Mayor and Manager are hereby authorized and directed to execute Agreement No. PCI 36-11-92, by and betveen the County of Hexmepin and the City of Edina, for participation in the reconstruction and operation of said traffic control signal system. I ATTEST : City Clerk RESOLUTION APPROVING PIANS FOR IENNEPIN COUNTY PROJECT NO. 9009 AND AUTHORIZIPITG MAYOR AND MANAGER TO SIGN AGREEMENT NO. PV 37-11-92 THEREPOR WHEREAS, plans for Hennepin County Project No. 9009 for reconstruction of the traffic control signal system at the intersection of West 54th Street with County State Aid Highway No. 17 (France Avenue) have been prepared and presented to the City Council of Edina, Hhmesota; NOU, THEREFORE, BE IT RESOLVED, that said plans for Hennepin County Project No. 9009 be in all things approved. BE IT FURTBER RESOLVED, that the Mayor Pro-Tern and Manager are hereby authorized and directed to execute Agreement No. PV 37-11-92, by and between the County of Hennepin, the City of Mhneapolis and the City of Edina, for participation in the reconstruction and operation of said traffic control signal system. AmST : City Clerk Motion for adoption of the resolutions was seconded by Member Rice. Rollcall : Ayes: Paulus, Rice, Smith, Kelly Resolutions adopted. CITY OF ED= DESIGNATED MCAL GO- UNIT FOR IKPLEHENTATION OF WETIAND CONSERVATION ACT Engineer Hoffman reported that the Nine Mile Watershed District has been reviewing the new permanent rules for implementation of the 1991 Wetland Conservation Act (WCA). Their current position is that they are unable to financially manage all the requirements of the WCA. the Minnesota Board of Soil and Water Resources, staff would recommend that the City of Edina act as the responsible local government Unit (LGU) under the WCA for only that portion of the Nine Mile Creek District within the City of Edina. The Minnehaha Creek Watershed District would continue to act as the LGU for the Minnehaha Creek Watershed District within the City. After talking with staff at Nine Mile Creek Watershed District would like to establish a joint powers agreement with the City of Edina to work with the City on implementing the WCA and the rules established by the Minnesota Board of Water and Soil Resources. Member Smith asked how the additional costs to the City would be covered. Engineer Hoffman responded that staff believes that under M.S. 462.353, Subd. 4, 3/21/94 997 the City may prescribe fees sufficient to defray the costs incurred in reviewing, investigating and administering an application, - Member Smith made a motion that the City of Edina act as the local governmental unit (LGU) for implementation of the 1991 Wetland Consemation Act (WCA) for the portion of the Nine Mile Creek Watershed District located within the City. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Richards Motion carried. UPDATE PRESENTeD ON CITY'S PURCHASING POLICIES AND PROCEDURES Finance Director Wallin presented the following proposed changes in the City's purchasing procedures: 1. Sales Tax Exemption - The sales tax exemption was lost during 1992. Section 1.14 entitled "Sales Tax Exemption" should be deleted from the policies document. 2. Records Retention - Current policy requires that written quotations be kept for one year. The State retention schedule requires retention of claims and purchase orders for 10 years. Proposed change would be that written quotations be attached to the claim when submitted for payment and be retained for 10 years. 3. Authorization of Payment - City's auditors have advised that the City is not in compliance with State law requiring Council approval of all payments prior to checks being released. paid on a weekly basis. The 1993 legislature gave the City Manager authority to approve payment of claims which would subsequently be approved by Council. Section 1.0 "Payment Prior to Council Approval" should be amended accordingly. 4. Open Purchase Orders - City buys many products on a recurring basis during the year. allows us to approximate the quantities required during a typical year. policies require that if expected annual purchases exceed $15,000 a formal bid process must be used. bidding becomes cumbersome and has the undesirable effect of encouraging split purchase orders. Section 1.10 a(v) should be deleted from the policies (would eliminate the $15,000 cap) and Section 1.10 a(vii) should be amended so that once the aggregate cost of purchase made under the open purchase order totals the "not to exceed" amount a new open purchase order must be prepared and used. sections 1.10 a(ix) and 1.10 b(vii) would require at least two written quotations on at least an annual basis for a representative cross section of products to be purchased under the open purchase order. Each open purchase order would be used for similar items and would be awarded to the lowest bidder. In order to receive discounts, liquor invoices must be Although the exact quantity cannot be predicted accurately, experience Current Due to the nature of the products being purchased, formal New Member Smith said, as background, it would be helpful to see the comments in the auditor's management letter relating to purchasing. Member Rice suggested that payment of invoices prior to Council approval for liquor inventory be capped at some reasonable amount and that all other purchases be capped at $1,000. Manager Rosland said staff would bring back further information and recommendations on the purchasing policies and procedures for consideration and action by the Council on April 4, 1994. REPORT GIVW ON RICHPIELD INFORMATION MEETING CONCERnING AIRPORT 4-22 EXTENSION Member Smith reported that Mayor Richards and he had attended the March 10, 1994 meeting at Richfield City Hall regarding the airport 4-22 extension. City of Richfield is in somewhat of a quandary because on one hand they do not want the extension and on the other hand the airport is an economic entity for Richfield. is a vital asset to this area and needs to stay where it is. he had suggested to the City Manager of Richfield that together with the Metropolitan Airports Commission they look at other grant monies related to home energy savings that may be available to help with the noise abatement program. He said the Mayor Richards had indicted that Edina's position is that the airport Member Smith said 198 3/21/94 CLAIMS PAID Member Rice made a motion to approve payment of the following claims as shown on the Check Register dated March 17, 1994, and consisting of 29 pages: General Fund $185,534.80; C.D.B.B. $830.00; Communications $14,951.81; WorkTng Capital $9,250.57; Art Center $9,695.18; SVimming Pool $2,824.45; Golf Course $84,423.95; Ice Arena $32,310.64; Gun Range $654.31; Edinborough/Centennial Lakes $22,063.31; Utility Fund $31,441.58; Storm Sewer $3,064.81; Recycling $39,839.29; Liquor Fund $47,494.31; Construction Fund $1,646.09; TOTAL $486,035.10; and for confirmation of payment of the following claims as shown on the Check Register dated March 11, 1994, and consisting of 14 pages: General Fund $108,281,80; Golf Course $24,508.44; Liquor Fund $187,945.71; TOTAL $320,735.95. Motion was seconded by Member Smith. Rollcall : Ayes: Paulus, Rice, Smith, Kelly Motion carried. There being no further business on the Council Agenda, the meeting was adjourned by motion of Member Paulus, seconded by Member Smith and carried unanimously. Adjournment at 11:20 P.M. City Clerk