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HomeMy WebLinkAbout19940718_regular3 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITP €TAIL JULY 18, 1994 R0I;LCAI.L Answering rollcall were Members Kelly, Paulus, Richards. CONSENT AGENDA I"EK3 APPROVED Motion vas made by Member by Member Kelly to approve and adopt the Council Consent presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Rice, Smith and Mayor Smith and was seconded Agenda items as PROCLAMATION ADOPTED - LIBRARIES CHANGE LIVES WEEK Motion of Member Kelly vas seconded by Member Paulus and carried unanimously for adoption of a Proclamation announcing July 25, 1994, as Libraries Change Lives Week in Edina. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF JUNE 20. 1994. APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve the minutes of the regular Council Meeting of June 20, 1994. Motion carried on rollcall vote - five ayes. PRELIMINARY PLAT APPROVED FOR PARKWOOD KNOLLS 24TH ADDITION - (OUTLOT A. PARKUOOD KNOD 22ND ADDITIONL Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner PlanAer Larsen clarified that under agenda item 1I.A the request is for preliminary plat approval only with no rezoning requested for the Parkwood Knolls 24th Addition plat. Agenda item 1I.B - Request to Amend Comprehensive Land Use Plan, is directly related to the plat proposal. However, this request is different from the plat proposal and is not being requested by the proponent but by Interlachen/Parkwood Knolls Coalition, a group of residents in the subject area. Planner Larsen reminded Council that this is a 53 acre plat of undeveloped land in greater Parkwood Knolls bounded on the west by Malibu Drive, on the south by Parkwood Road, on the east by Green Farms Road and by Van Valkenburg Park on the north. At its meeting of May 16, 1994, the Council considered and continued the proposed plat for Parkwood Knolls 24th Addition to allow the developer to address the concerns and comments made. 16 townhouse units, seven zero lot line single dwelling units and 72 single dwelling lots. townhouses and zero lot line lots. dwelling unit lots which is consistent with the overall plan approved in 1978 for this tract of land. At that time the proposed development included A revised preliminary plat has been presented eliminating the The revised plat now illustrates 91 single In addition to the land use changes there are a number of other changes to the street system and lots within the plat: Interlachen Boulevard continues westerly to connect to Malibu Drive, but with a revised alignment. The revised plan contains two sharp curves, one of which approaches 90 degrees. In order to provide a 90 degree turn, a small land trade between the City and the proponent would be needed. The revised plan does not illustrate townhouses or zero lot line lots, but contains some smaller single dwelling lots along the Interlachen frontage. 1) 2) 7/18/94 4 Most of these lots are 85 to 95 feet wide, which compares to a 75 foot lot width for zero lot line lots on Malibu Drive. The revised plan provides direct access to Van Valkenburg Park from Interlachen Boulevard. Malibu.Drive which were on the earlier plan. The proposed phasing of the development has changed from the earlier plan. Phase I would now include the construction of Interlachen Boulevard and the development of lots fronting on the new street. Phase I1 would involve the westerly portion of the site including the streets labeled Cougar Court and Cougar Trail. 3) 4) The revised plan eliminates the through lots (double street frontage) along 5) In staff's opinion, the revised plan provides a connection to the existing road system to the southeast, the northeast and the northwest. lots is the same as in the 1978 plan. 1978 plan. amendment to the Comprehensive Plan. The total number of The proposed road system is similar to the The proposed preliminary plat does not require a rezoning or an Planner Larsen said staff would recommend approval of the revised overall development plan and preliminary plat approval for Phase I of the development, subject to the following conditions: 1. Final plat approval. 2. Developer's Agreement covering public improvements. 3. Watershed district grading permit. 4. Wetlands alteration permit, as required. Planner Larsen concluded by referring to a memorandum dated July 15, 1994, from City Engineer Hoffman stating that the revised plan had been reviewed by the Engineering staff and commenting on concerns relative to the extension and design of Interlachen Boulevard. .Roger Anderson, Roger A. Anderson &Associates, stated he was the civil engineer for the proponent, Harvey Hansen, and they had nothing further to add at this time. to refine the plan and the City Planner has done a good job in explaining the changes and the rational for those changes. the 1978 plan that was approved for this parcel. I He said the Planning staff has worked with them over the past two months He said they are essentially back to Member Rice asked about the phasing for the proposal. that the revised plat depicts each phase as a concept. intention to resolve the Interlachen Road issue and to proceed with Phase I according to the four conditions recommended by the Planning Department. Phase I1 may be extended to the summer of 1995. has not been determined at this time but the intent is to develop the remaining portion as illustrated. Mr. Anderson responded It is the developer's Development of the remaining parcel Public Comment George Parker, 4917 Ridge Road, told Council that there is an 18 foot drop in grade elevation between his property and the Fink property (9 percent grade) which reduces visibility for drivers. potential for an accident from the additional traffic that could shortcut through the neighborhood from Highway 169. blocks north of Interlachen Boulevard, already functions as a collector street making Interlachen a through street does not make sense. Dale Renner, 6321 Interlachen Boulevard, said he was co-chair of the Interlachen/Parkwood Knolls Coalition. the best interests of the established neighborhood. traffic resulting from connecting Interlachen Boulevard to Malibu Drive. He said he was concerned about the He said since Maloney Avenue, located two I . He said the current plan does not support No one wants the increased The 7/18/94 5 neighborhood is not concerned about the traffic generated by the new homes in the development but is concerned about the current number of vehicles on Highway 169 that could easily connect over via Interlachen and Blake Road if Interlachen is made a collector street. The established neighborhood should not have to carry an inordinate amount of traffic burden for a development that has no residents today. homes and families; studies have shown the impact of traffic in relation to crime. It is unclear how this particular plan benefits the developer and/or the City over some other more acceptable configuration. recommend to Council: 1) do not approve the current plan, 2) require a meeting between the neighborhood and the developer to discuss options that all can live with, and 3) change the Comprehensive Plan to provide a circuitous route for Interlachen Boulevard and not connect directly to Malibu Drive. He suggested a number of alternatives to connecting Interlachen directly with Malibu Drive. The plan also represents a totally avoidable increase danger to their The coalition would Lisa Fish, 5408 Larada Lane, agreed that development will occur on this parcel and the density is not the issue. She said the concern for all is the roads and the increased outside traffic that will be brought into the area. homes in the established neighborhood is high, there is very little crime and it is safe. or the established neighborhood will benefit with the proposed connection of Interlachen thru to Malibu Drive. The quality of She urged the Council not to change that and said neither the new homes Cindy Witkin, 5112 Ridge Road, said she witnessed a car nearly hit a child who was rollerblading at the intersection of Interlachen/Blake Road. The trees, narrowness of the road, and speed all were contributors to the near accident. This potential will only increase if Interlachen Boulevard is put thru. she had not heard one compelling reason to put Interlachen through to Malibu Drive but has heard many reasons to not put it thru. Ms. Witkin said a poll of her neighborhood indicated that if the road is put thru they will all use it to get to Highway 169. was found to route traffic through the neighborhood. She said She concluded that this discussion could end if another way Peter Simpson, 509 Blake Road, commented that Interlachen and Blake Road is a terrible intersection. The concern is if Interlachen is put thru it will be a short cut to Highway 169 and the increased traffic will eventually result in widening of the road by the county. If Interlachen is put thru, he said funds should be allocated to build a safer intersection at Blake and Interlachen. He suggested that the development maintain short, serpentine streets much like the surrounding area. Bob Froemming, 4930 Interlachen Court, said he agreed with everything that has been said about traffic congestion. He questioned whether anyone present does not consider Interlachen now as a main thoroughfare from Highway 100 to Hopkins. He asked where else in Edina is there a road where cars travel so fast for over two miles without a STOP sign. Drive he said it will reroute the cars from the present Interlachen/Blake intersection thru the Parkwood Knolls neighborhood. If Interlachen Boulevard is put thru to Malibu Nancy Webster, 6645 Interlachen Boulevard, voiced two objections to the proposed plat. First, was the number and location of the small lots. They understood when they built five years ago that the development to the west would have homes similar in size and value to those on Green Farms Road, Interlachen Court and Interlachen Circle, i.e. traditional, single family homes on 1/2 to 3/4 acre lots with a corresponding tax structure. lot homes (1/4 acre) would not be consistent with the original plan for this area and would considerably change the character of the immediate neighborhood and lower property values. She suggested that a limited number of smaller lot homes be constructed on the westerly portion of the development where there are double She said that the location of the smaller 6 7/18/94 bungalows and zero lot line homes already. in size as you move east within the proposed subdivision. reinforce how dangerous Interlachen Boulevard will be if it is allowed to be a thru street with the increase in traffic that this will bring. She emphasized that Interlachen is particularly dangerous going east in winter when ice builds up at the intersections. the plan suggested by the neighborhood coalition whereby Interlachen would not be a thru street and would only handle the traffic from the new homes. Logically, the lots should increase Second, was to She urged the Council to give serious consideration to Molly Marinovich, 6517 Stauder Circle, said she was part of the Parkwood Knolls group, and they are opposed to any plan that would bring increased traffic to their neighborhood. presented by the coalition. She urged Council to consider the alternative plan as Ingrid Mantyh, 6413 Interlachen Boulevard, voiced support for the neighborhood plan that was presented. She said there is a question of philosophy here - this country is strewn with neighborhoods developed sloppily and without any effort to preserve the habitat and priorities of the families already living there. said we should do better and it is time to take a stand for it. She Joseph Terry, 5109 Ridge Road, indicated that the area has narrow streets, hills, and no sidewalks and were designed for light traffic. thru would be a disaster for the new development as well as the existing neighborhoods. Connecting Interlachen Tom Seitz, 6320 Interlachen Boulevard, said he was vehemently opposed to the revised plan regarding Interlachen Boulevard. impact the development specifically but would not do much to enhance the existing condition of Interlachen. located near the curve, it will be difficult for any activity there. submitted that if there was opportunity for dialogue between the neighborhood coalition, the developer and the City, to come up with a proper proposal that would affect everyone positively it could be a win/win situation and would take the 'us' versus 'them' out of the formula. He said the 90 degree curve would Also, if the ingress/egress to Van Valkenburg Park is He Mary Seitz, 6320 Interlachen Boulevard, pointed out that they live on the edge of the pond and are the first house to see the traffic coming west on Interlachen. There is a lot of disrespectful traffic including construction/building trucks whose attitude seems to be 'this is not my neighborhood'. Boulevard is opened up to the west it will invite more of this type of non- neighborhood traffic. If Interlachen Jim Ladner, 4931 Green Farms Road, spoke to issues in his letters of April 23, 1994 and July 11, 1994: 1) The deceased Carl Hansen, original developer, had told him that the idea of extending Interlachen to the west was conceptual and that prior to replatting the remaining land it was his plan to alter the plat to eliminate a thru route to the west. 2) Present traffic on Interlachen Boulevard currently travels in excess of 30 MPH; a thru street would be an additional hazard to children and neighborhood walkers. 3) Logically the density should be reduced to 10% fewer single family units rather than increasing the density. 4) Develop a plan that will divide the access for future residents equally between north, south, east and west. He urged the Council to deny the plan as proposed by the developer. Terry Swanson, 6501 Interlachen Boulevard, observed that although the neighborhood has changed over the 13 years she has lived there, it still has retained some of its original character. create a significant change in the neighborhood and urged the Council to respect the residents already living in the area. She said the traffic pattern will 7/18/94 7 Wayne Packard, 4909 Prescott Circle, said that with recent development in the area the traffic has increased considerably and will only grow because drivers will try to avoid the meters on the highways. required to estimate the amount of traffic generated by a new development. He said that although he was in favor of the proposed development, he was apprehensive about other traffic that may be generated because of this plan. He asked if the developer is Floyd Kuehnis, 4926 Interlachen Court, said he echoed everything that has been said in opposition to the proposed plan. In order to resolve the issues, he suggested that the developer meet with the neighborhood to allow for some input in the process as opposed to one way presentations. Robert Rusnak, 6232 Idylwood Lane, made the following points: 1) the residents in attendance care about what happens to their neighborhood, 2) all are opposed to any degradation of their neighborhood (decreasing lot size, increasing population density, increasing traffic in neighborhood), 3) the character of the neighborhood should be maintained, i.e. low traffic pattern, cul-de-sacs. He concluded by saying that any proposal for this parcel should be consistent with the existing neighborhood. Nancy Diele, 5608 Interlachen Boulevard, said she has lived there for 30 years and has seen animals and a child die on Interlachen Boulevard. As a resident on the eastern part of the road, she cautioned against the potential bottleneck at Interlachen/Vernon from the increased traffic and said they have to use it on a daily basis. Bernie Nelson, 5008 Schaefer Road, stated he has not heard any reason why Interlachen Boulevard needs to go thru. backs up at various times during the day now and can only get worse if the road is put thru. He said traffic at Interlachen and Blake He concluded by objecting to putting Interlachen thru. Mattie Greif, 6629 Parkwood Road, said that previously she believed the residents on Interlachen were overstating concerns about traffic until she remembered what has happened in her area since Malibu went through and now believed their concerns are valid. Response for Proponent Roger Anderson responded that the comments of the neighborhood have not fallen on deaf ears. He pointed out that the process to this point has taken many months to develop the plat within the guidelines of the City's Comprehensive Plan which shows Interlachen as a collector street going thru. some concessions: 1) a sharp curve in the roadway, 2) grade changes, 3) lower density, and 4) the zoning request was dropped. The developer has offered Harvey Hansen, proponent, said this is the final 53 acres of the 600 acres his father, Carl Hansen, pixchased in 1949-50 and they have done a good job in developing it. In 1977-78 the Comprehensive Plan was discussed as it related to this parcel and the City wanted to see three things done: 1) Extension of Malibu Drive (accomplished). 2) Park property (accomplished). 3) Extension of, Interlachen Boulevard. Mr. Hansen said they were opposed to the extension of Malibu Drive to Lincoln Drive. thru and Interlachen Boulevard was designated to go thru which was a matter of public record. The City's purpose was to spread the traffic out, hence Malibu Drive went Council Comment/Action Member Smith asked if there would be a problem with making Interlachen Boulevard circuitous by crossing Cougar Court over to Cougar Trail an alternative. Planner 7/18/94 .. 8 Larsen said there might be some grade changes to consider. Member Kelly asked Planner Larsen to speak to the Comprehensive Plan which showed Interlachen connecting to Malibu Drive. Planner Larsen said this started in 1974 and concluded in 1978 when the plan was adopted showing Interlachen connected to Malibu. At that time the Council looked at the entire neighborhood and decided, on a basis of equity for all, that there should be as many ingress/egress points for the neighborhood as possible. Malibu Drive to Lincoln Drive was one, Interlachen is another and in 1978 Ridge Road was connected to the Parkwood Knolls area. The basis for the decision at that time was equity, although delivery of services, (plowing, street maintenance, emergency vehicle access) probably was part of the decision. Member Rice asked if ingress/egress to the park was a legitimate concern and if Interlachen is connected to Malibu, what could be done to discourage thru traffic. yet been developed. would both slow traffic and increase driving time to discourage thru traffic. Planner Larsen said that a plan for a possible park and access has not He referred to suggestions made by the City Engineer that Mayor Richards reflected that Edina is a community that includes all people, rather than excluding people. He said he would resist an attempt to exclude people and if such a philosophy were adopted Edina would be less desirable than it is today. impacted, but to develop exclusive neighborhoods has never worked. be given to prior councils who set the theme of how Edina should be developed. Mayor Richards said he believed the developer did listen to the suggestions at the last meeting, that the revised plan is responsive, that the density of 1.7 units per acre is consistent with much of northwestern Edina and the road configuration as proposed will provide circulation for this area of the City. concluded by saying he would support the plan as presented. Roger Anderson answered Member Smith that his suggestion of connecting Interlachen Boulevard through Cougar Court to Cougar Trail would not follow the Comprehensive Plan and would create a number of double frontage lots which are not allowed by the Zoning Ordinance. All would agree that neighborhoods should not be adversely Credit should He Member Rice said he had great confidence in the way Edina has been developed and the results achieved so far. planned communities which consistently has held its property values. residents live here because they are concerned about their biggest investment - their homes. He said some of the comments made have reminded him of a billboard advertising "Minnesota's First Gated Community" and hoped Edina has not come to that. Concerning Interlachen Boulevard, Member Rice said he believed that thru traffic could be contained by some disincentives. developer has done a good job in developing the Parkwood Knolls area, but he had some concern about when the subsequent phases of this development would occur. He said he would support the proposal but would ask staff to build in sufficient disincentives on Interlachen if it is extended. Edfna has been recognized as one of the best Most of the Member Rice said this Membek Smith said he had no problem with the proposal as to lot size but questioned why the Comprehensive Plan has to be followed to put Interlachen thru to Malibu Drive. minimum of 91 units and the burden of the additional traffic coming from the development should be distributed equally by providing ingress and egress in all directions. Mayor Richards responded that this property will develop with a Member Kelly said she was disappointed that the developer has not met with the neighborhood and encouraged that this be done. from the development is a positive, she felt that all the lots in should be While eliminating the townhouses 7/18/94 a J consistent in size, e.g. 1/2 to 3/4 acre as most of Parkwood Knolls has been developed. Member Kelly said she concurred with the Comprehensive Plan and the extension of Interlachen Boulevard thru to Malibu for public safety reasons and for service reasons as was the intent. She indicated support for preliminary plat approval; however, the plan should be completed as to each phase before she could support final approval. Member Smith made a motion to continue the hearing so that: 1) the developer could present a complete plan for all 91 lots, and 2) staff and the developer consider an alternative road configuration for Interlachen with no connection to Malibu, and 3) a study be done on traffic from the proposed development. Motion was seconded by Member Kelly. Ro llcal 1 : Ayes: Kelly, Smith Nays: Paulus, Rice, Richards Motion defeated. Member Rice moved preliminary plat approval for Parkwood Knolls 24th Addition, subject to: 1) Final plat approval, 2) Developer's agreement, 3) Watershed District grading permit, 4) Wetlands alteration permit as required, 5) Developer submitting a detailed plan for phasing of the development, and 6) A traffic study of traffic traffic distribution, cost of Motion was seconded by Member Rollcall : Ayes: Kelly, Paulus, Rice, Nays: Smith Motion carried. Mayor Richards encouraged the generated by the development and alternatives for which to be the responsibility of the developer. Paulus . Richards developer to meet with neighborhood residents to allow a free exchange of information between all parties concerned. (Member Rice asked to be excused from the meeting at this point on the agenda because of a family death.) NO ACTION TAKEN ON REOUEST TO AMEND COMPREHENSIVE PLAN In conjunction with the discussion on the preliminary plat for Parkwood Knolls 24th Addition, no action was taken on the request from the Parkwood Knolls Coalition to change the existing language in the Comprehensive Plan concerning the extension of Interlachen Boulevard. PUBLIC HEARING HELD ON PETITION TO VACATE STORM SEVER EASEHEEPT ON LOT 15. BLOCK 1. SOUTHDALE ADDITION (6900 CORNELIA DRIVE): DOCUMEXKC TO BE DEVELOPED TO CLEAR UP TITLE Affidavits of Notice were presented, approved and ordered placed on file. Member Paulus stated that she would not participate in the discussion or vote on this matter. Presentation bv Citv Attornev City Attorney Gilligan advised that during a recent real estate transaction it was discovered that a portion of the garage on Lot 15, Block 1, Southdale First Addition (6900 Cornelia Drive) is encroaching over a City storm sewer easement. The City Engineer has confirmed that a 54 inch storm pipe going into Lake Cornelia and is located in the easement area. Because of the close proximity of the pipe to the garage staff would recommend that the City not vacate any portion of the easement but authorize an agreement that would permit the encroachment to continue subject to certain conditions: 1) No work would be done to the garage that would damage the City's storm sewer pipe or further encroach on the City's easement, 7/18/94 2) The homeowner would indemnify and hold the City harmless from any additional costs as a result of the encroachment which the City may incur in connection with any repair or reconstruction of the storm sewer pipe, and If the garage were ever destroyed or removed, no further encroachment over the easement area would be permitted. 3) This agreement that would be recorded in the real estate records and run with the land. consent would clear up the title. The title company working with the homeowner has agreed that this type of Discussion followed on whether item 3 would prevent the homeowner from rebuilding the garage if destroyed or removed. be left out if the other two conditions were in place. Attorney Gilligan said that condition could Member Kelly made a motion directing the City Attorney to draft an agreement for Council approval, to be recorded and run with the land, whereby the City would consent to the encroachment of the garage on the easement area provided that: (i) no work would be done to the garage that would damage the City's storm sewer pipe or further encroach on the City's easement, and (ii) the indemnify and hold the City harmless from any additional encroachment which the City may incur in connection with reconstruction of the storm sewer pipe. Ayes: Kelly, Smith, Richards Abstaining: -Paulus Motion carried. homeowner would costs as a result of the any repair or ORDINANCE NO. 1994-6 - AN ORDINANCE AMENDING CODE SECTIONS 1200 AND 1230 TO I PERMIT SIDFXALK CAFES ADOPTED ON SECOND READING recalled that on July 5, 1994, the City Council granted First Reading to Ordinance No. 1994-6 which provides a permit process for sidewalk cafes. Council directed staff to include certain revisions to the ordinance. The revisions have now been made and staff would recommend Second Reading and adoption as amended and presented. Assistant Manager Hughes The Mayor Richards called for comment or discussion on the ordinance. objections was heard. No comment or Member Smith moved Second Reading and adoption of Ordinance No. 1994-6 as follows : ORDINANCE NO. 1994-6 AN ORDINANCE AHENDING SECTION 1200 AND 1230 OF THE CITY CODE TO PEBMT SIDEW.. CAFES THE CITY COUl'?CIL OF TEE CrrP OF EDR?A ORDAINS: Section 1. "Q. to a permit issued pursuant to Subsection 1230.07 of this Code." Section 2. Subsection 1230.01 of Section 1230 of the City Code is amended "Sidewalk Cafe. Tables, chairs, benches and appurtenant equipment located on a sidewalk (i) for the exclusive use by patrons of an abutting food establishment as defined by Section 720 of this Code, or (ii) where the service of food or beverages is offered to persons using such tables, chairs, and benches." Subd. 2 of Subsection 1200.02 of Section 1200 of the City Code is amended by adding a new paragraph Q. as follows: Sidewalk cafes as defined by Subsection 1230.01 of this Code subject by adding a new definition as follows: 7/18/94 11 Section 3. "0. Consume intoxicating or non-intoxicating malt liquor, wine, or intoxicating liquor, as defined in Section 900 of this Code, except that: 1. Non-intoxicating malt liquor and wine which is dispensed by the City or by an authorized agent of the City may be consumed subject to other applicable provisions of this Code and subject to the rules and regulations of the Park Director pursuant to Subsection 1230.06 in the following places: Paragraph 0. of Subsection 1230.02 of Section 1230 of the City Code is amended to read as follows: a. b. located in a park, except picnic shelters, warming houses, ice arenas or maintenance buildings. c. Inside the clubhouse of a golf course. Inside a programmed park or indoor recreational facility Within the ballfield complex of Van Valkenburg Park. 2. Non-intoxicating malt liquor, intoxicating malt liquor, and wine may be consumed at sidewalk cafes which are licensed in accordance with Section 900 of this code and which are authorized by a permit issued pursuant to Subsection 1230.07 of this Code." Section 4. "R. farm produce or any other product or property, or for conducting any business or selling of services except as provided in Subsection 1230.07 of this Code." Section 5. "1230.07. Notwithstanding the requirements of this Section 1230, certain pushcarts and sidewalk cafes are permitted on sidewalks subject to the requirements of this Subsection. Subd. 1 Pushcarts. Pushcarts, as defined by Section 720 of this Code, may be located on sidewalks within the area included in the plan prepared by the ERA entitled, "50th and France Commercial Area Plan" dated December 3, 1974, subject to a permit issued pursuant to this Subdivision. A. In addition to the requirements of Section 160 of this Code, no permit shall be issued for a pushcart unless the following requirements are met: 1. The pushcart must be licensed in accordance with Section 720 of this Code. 2. The applicant for a permit must possess a valid food establishment license or take-out food license, pursuant to Section 720 of this Code, for a food establishment located in the 50th and France commercial area. 3. and 8 feet in height. 4. ease of movement. 5. of trash generated by the pushcart. Paragraph R. of Subsection 1230.02 of Section 1230 of the City Code is amended to read as follows: Park or occupy a vehicle or occupy a street or sidewalk to sell any Section 1230 of the City Code is amended by adding a new Subsection 1230.07 as follows: Special Permits for Pushcarts and Sidewalk Cafes. ' The pushcart shall not exceed 8 feet in length, 4 feet in width, The pushcart shall be equipped with casters or wheels to permit The pushcart shall be equipped with facilities for the disposal B. following requirements shall apply to the operation of pushcarts: In addition to the requirements of Section 720 of this Code, the 1. locations specified in the permit. 2. each day. 3. from the pushcart. Pushcarts shall be parked on public sidewalks only in those Pushcarts shall be stored indoors following the close of business Only food or beverages for immediate consumption may be offered 7/18/94 12 4. Cleaning, servicing, and maintenance of the pushcart shall be undertaken only in an area approved by the Sanitarian. C. Permits issued pursuant to this Subdivision shall expire on March 31 of each calendar year. I). The number of permits which may be in force under this Subd. 1. at any one time shall not exceed slx. Subd. 2 Sidewalk Cafes. Sidevalk cafes may be located on sidewalks subject to a permit issued by the City Manager pursuant to this Subdivision. forms supplied by the Clerk and shall include a plan drawn to scale which illustrates the exact location of the proposed sidewalk cafe together with distances and dimensions of the adjoining buildings, the sidewalk, the distance to and location of the travelled portion of the street and distances to all obstructions in the vicinity. accompanied by the fee in the amount set forth in Section 185 of this Code. If the application is denied, the permit application fee less $100 shall be returned to the applicant. A. shall be issued or renewed for a sidewalk cafe unless the following requirements are met: Applications for a sidewalk cafe permit shall be made on The application shall be In addit-ion to the requirements of Section 160 of this Code, no permit 1. pursuant to Section 720 of this Code. 2. A distance of at least 200 feet shall be maintained between the nearest point of the sidewalk cafe to the nearest point of property used for residential purposes. 3. The applicant must furnish to the Clerk, evidence that public liability insurance has been procured for any death or personal injury arising from the ownership, maintenance, or operation of the sidewalk cafe in amounts not less than $100,000 for injury to or death of one person, or $300,000 for any one incident, and not less than $50,000 for damage to property arising from any one incident. The applicant shall maintain such insurance in effect at all times during the term of the permit. additional insured in the policy providing such insurance. 4. The applicant shall indemnify and hold the City and the City8s officials and employees harmless from any loss, cost, damage and expenses arising out of the use, design, operation, or maintenance of the sidewalk cafe. 5. The area occupied by the sidewalk cafe shall abut and shall be operated as part of the food establishment operated by the applicant. No part of the sidevalk cafe shall adjoin any premises other than the applicant8s food establishment. 6. The City Manager shall find that the sidewalk cafe will not unduly restrict the safe usage of the sidewalk by the public after taking into consideration the location of obstructions, vehicular traffic and other impediments to the passage of pedestrians. The City Manager shall renev a permit only upon finding that the operation of the sidewalk cafe complied with all provisions of this Subdivision and did not constitute a nuisance as defined by Section 1035 of this Code. The applicant must possess a valid food establishment license The City shall be named as an B. following requirements shall apply to the operation of sidewalk cafes: In addition to the requirements of Section 720 of this Code, the 1. Only food or beverages for immediate consumption may be offered for sale. 2. Intoxicating or non-intoxicating malt liquor or vine may be consumed only if the sidewalk cafe is licensed pursuant to Section 900 of this Code. 3. shown on the permit application shall be made. No expansion of the area occupied by the sidewalk cafe from that 7/18/94 13 4. No tables, chairs, furnishings, planters, obstructions shall be placed or remain on the November 1 and April 1 except on a day to day cafe is open for business. 5. The applicant shall maintain the sidewalk sanitary condition as required by Section 720 ' railings or other sidewalk between basis when the sidewalk cafe in a clean and of this Code. 6. sidewalk or other public property caused by the applicant's use of the sidewalk as a sidewalk cafe. The applicant shall promptly replace or repair any damage to the C. Permits issued pursuant to this each calendar year." Section 6. Section 185 of the City follows : SEC. SWSEC. PURPOSE OF FEE/CHARGE 1230 1230.07, Sidewalk cafe permit Subd. 2 Section 7. and publication. This ordinance shall be ATTEST : Subdivision shall expire on March 31 of Code is amended by adding a new fee as AMOUNT FEE NO. $500.00 261 in full force and effect upon passage I hyor City Clerk Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Ordinance adopted. ORDINANCE NO. 1994-7 - AN ORDINANCE AMENDING CODE SECTION 460 TO PROVIDE NEW REQUIREMENTS FOR PROJECTING SIGNS ADOPTED ON SECOND READING Hughes reminded Council that on July 5, 1994, the Council granted First Reading to Ordinance No. 1994-7. Ordinance No. 1994-7 would amend the sign ordinance to permit larger projecting signs in the commercial district. The Council directed staff to include certain revisions to the ordinance. The revisions have- been made and staff would recommend Second Reading as amended and presented. Assistant Manager Mayor Richards called for comment or discussion on the ordinance. objection was heard. No comment or Member Paulus moved Second Reading and adoption of Ordinance No. 1994-7 as follows : ORDINANCE NO. 1994-7 AN ORDINANCE AMENDING SECTION 460 TO PROVIDE NEW REQUIREMENTS FOR PROJECTING SIGNS THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. is amended as follows: "Subd. 12. Projecting Signs. Projecting signs shall be permitted only in the Planned Commercial District, subject to the following restrictions: A. The maximum sign area shall be 20 square feet per facing. B. Not less than eight feet of clearance shall be provided between the sidewalk elevation and the lowest point of the projecting sign. C. Signs shall project from the face of the building no more than the lesser of (I) one-thtrd of the sidewalk width or, (ii) six feet. Sidewalk Subd. 12 of Subsection 460.03 of Section 460 of the City Code 7/18/94 width shall be measured perpendicular to the face of the building at the proposed sign location. D. projecting sign shall not exceed five percent of the wall area. E. with Subd. 5 of Subsection 460.06." The maximum sign area of wall signs located on the same building of the Proof of insurance and indemnification shall be provided in accordance Section 2. amended by adding a new last sentence as follows: "The owner shall also indemnify and hold the City and the City's officials and employees harmless from any loss, cost, damage and expenses caused by the projecting sign." Section 3. Subd. 5 of Subsection 460.06 of Section 460 of the City Code is This ordinance shall be in full force and effect upon passage and publication. AaEST : City Clerk Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Ordinance adopted. DECISION TO JUEMOVE BEtAEHAR TENNIS COURTS UPHELD Drive, said he was speaking for a number of residents who could not attend. He read a proposal, signed by residents in the area, asking the Council to reconsider its action on July 5, 1994, to remove the Braemar tennis courts. The reason the courts were not used recently was because of their poor condition. Properly maintained, these courts will have a positive impact on property values. It was emphasized that these courts are indeed a 'neighborhood facility'. proposal stated that the cost to tear out these courts and remove the fencing will likely be more than the cost to properly resurface. It asked that the Council rescind the order to remove and to see that proper surfacing of the Braemar courts is effected as soon as possible. Harvey DOW, 6212 Loch Moor The The following residents spoke in support of the request to rescind the Council's prior action and resurface the Braemar courts: Stanford Gillman, 7120 Gleason Road; Lonnie Skrentner, 6161 Loch Moor Drive; Dave Johnston, 7420 Hyde Park Circle; Lane Jorgenson, 7132 Mark Terrace Drive; Dick Coonrod, 7133 Gleason Road; Michael Grunewald, 7200 Schey Drive; Margaret Twito, 7117 Tralee Drive; and Bill Greer, 7125 Schey Drive. Mayor Richards explained that the function of the Park Board is to oversee the various park facilities and make recommendations to the Council concerning those facilities. Following an earlier recommendation of the Park Board, the Council requested that a study be made of the use and condition of all 44 tennis courts in the City. Based on the results of the study, the Park Board recommended that the Braemar tennis courts be removed. As to fiscal responsibility, Mayor Richards said the Council faces pressure on that issue continually and residents keep saying 'keep the spending down'. to do everything that is wanted by the citizens. He told the audience that the City has fewer than five more employees today than it had ten years ago and yet the services the City provides is something to take pride in. recalled that there was some discussion at the last meeting about uses for the tennis court area and staff was challenged to come back with alternative uses for the Council to consider. The reality is that the City cannot afford Mayor Richards 7/18/94 15 Member Paulus commented that she was flooded with phone calls to citizens not being notified when the Council discussed the courts, she said the five Council Members are elected to make Further, that if all the residents were asked which courts to on this issue. As Braemar tennis such decisions. close it would be impossible to come to a consensus. Member Paulus emphasized that the tax dollars are already being stretched and maintenance is being deferred. This issue concerns the Park and Recreation budget which cannot be stretched further. Her conclusion was that the Council acted prudently in making the decision to remove the Braemar courts. Member Kelly commented that the issue of the City's tennis courts has gone on for a year and that a lot of thought about the community as a whole was part of the decision. She agreed that a plan should be developed so that the neighbors would know of the proposed use for that area. Member Smith recalled that when the tennis courts at Lewis Park were proposed he voted against that because he felt the City had enough courts. concerned about the cost to refurbished those some day which is the issue being discussed now - maintenance of the City's assets whether they are used or not. Member Smith concluded that the Council made an economic decision He concurred that a plan be developed for use of that area. He also was two weeks ago. Mayor Richards called for Council action on the request to rescind the decision on the Braemar tennis courts. No motion being offered, Mayor Richards said the Council decision of July 5, 1994 to remove the Braemar tennis courts would stand. *AWARD OF BID CONTINUED TO AUGUST 15. 1994 FOR ONE 1.75 &WHEEL DRIVE ARTICULATED LOADER Motion was made by Member Smith and was seconded by Member Kelly to continue the award of bid for one 1.75 4-wheel drive articulated loader to the Council meeting of August 15, 1994. Motion carried on rollcall vote - five ayes. *AWARD OF BID CONTINIJED TO AUGUST 15. 1994 FOR ONE 3.5 4-WHEEL DRIVE ARTICULATED LOADER Motion was made by Member Smith and was seconded by Member Kelly to continue the award of bid for one 3.5 4-wheel drive articulated loader to the Council meeting of August 15, 1994. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ARROWHEAD LAKE AeRATION SYSTEM and vas seconded by Member Kelly for award of bid for Arrowhead Lake aeration system to sole bidder, Clean Plo Laboratories, at $9,735.27. Motion was made by Member Smith Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ONE WANBOLE PRTLER/EXJ!RA CTOR and was seconded by member Kelly for award of bid for one manhole puller/extractor to sole bidder, MacQueen Equipment, Inc., at $14,286.97. Motion was made by Member Smith Motion carried on rollcall vote - five ayes. TRAFFIC SAFETY STAFF REPORT OF JULY 12, 1994 APPROVED Traffic Safety Coordinator Swanson explained that under Section A(1) of the Traffic Safety Staff Report of June 12, 1994, the staff reviewed and discussed the intersection controls on St. Johns Avenue between Golf Terrace and West 58th Street for the purpose of installation of a STOP sign. Most of the facts were unchanged from the previous discussion on the issue and were weighed against the Residential Stop Sign Policy and the Multiway Stop Sign Policy as adopted by the City Council in 1993. conclusion was that installation of STOP signs was not warranted except for a STOP sign for westbound Lexington Street at St. Johns Avenue as westbound Lexington Avenue serves as an outlet to a church parking lot. parking lot exits stop upon entering a street. Coordinator Swanson presented a The Customarily, 7/18/94 16 graphic showing traffic control signs in the area, noting that all are STOP signs except the one on Oak Drive which is a YIELD sign. speeds were also included. Typically, Wooddale Avenue, Concord Avenue and West 58th Street are collector roadways carrying volumes from 1250 to 4300 daily. east/west neighborhood streets carry volumes under 300 daily. Johns, counted for a 48-hour period on a Wednesday/Thursday, has an average volume of 133 vehicles daily. school year. Volumes and 85-percentile The The volume on St. This is unchanged from a count taken during the Lisa Finsness, 4536 Tower Street, made the following arguments in support of STOP signs on St. Johns Avenue: 1) No way to slow the traffic on St. Johns from Golf Terrace to West 58th Street which is going to fast, particularly before and after school, 2) A north/south STOP sign at West 56th Street which had slowed traffic was taken out, 3) Traffic from east of Wooddale uses St. Johns to Woodland Road to get to the Community Center, 4) Poor visibility at St. Johnsfloodland intersection, 5) Sidewalks are not financially realistic considering the age mix of the neighborhood, 6) Pedestrians use the street to walk to the Lake Harvey area, 7) Liability for the City if traffic on St. Johns remains unc_ontrolled following a petition signed by 55 residents for STOP signs, and 8) Children walk to school during good weather. Ms. Finsness concluded by asking the Council to reconsider the request for a north/south STOP sign on St. Johns at Woodland and at Oak Drive. I Also speaking in support of STOP signs on St. Johns Avenue were: Bill Robinson, 4521 Tower Street; and Sue McGill, 4525 Tower Street. Sheila Lissick, 4501 Oak Drive, said her home abuts Wooddale Avenue where cars travel 45 to 55 MPH regularly. While there are occasional cars and blind corners on St. Johns, Wooddale Avenue is a killer and a real problem. Ms. Lissick mentioned that her house backs up to Lexington and because of the traffic from the church she concurred that there should be a STOP sign for westbound Lexington at St. Johns Avenue. f I Coordinator Swanson referred to the Residential Stop Sign Policy premise that STOP signs should not be installed in an attempt to control speed. Studies show that the speed before/after a STOP sign is not affected by the sign and may create a false sense of security. The Traffic Safety staff does understand the concern of the neighborhood as well that of other neighborhoods in years past and the City has used the warrant process for the installation of STOP signs; the warrant process was used for the removal of the STOP sign at Oak Drive. The Traffic Safety staff considered the larger question, "Are Edina's uncontrolled intersections unsafe?" or should the City consider a patterned system similar to that in the southwestern part of Minneapolis?" blocks. produced of the eastern half of Edina for the Council to review in relationship to roads such as St. Johns. "Is the current warrant process appropriate This grid system stops a vehicle at every two One suggestion was that a computerized map of existing controls be Member Paulus made a motion to approve the recommended action in Section A(1) to install a STOP sign for westbound Lexington Street at St. Johns Avenue. was seconded by Member Kelly. Motion Ayes: Kelly, Paulus, Smith, Richards Motion carried. Member Kelly made a motion to approve installation of a north/south STOP sign on St. Johns Avenue at Woodland Road. Motion was seconded by Member Smith. Ayes: Kelly, Smith Nays: Paulus, Richards Motion failed. .. 17 Member Smith made a motion to approve the recommended action in Section A(2) that winding road signs with a 25 MPE advisory be posted at the north and south ends of Delaney Boulevard. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Smith, Richards Motion carried. Member Kelly made a motion to accept the recommended action in Section B(1-4) and to acknowledge Section C of the Traffic Safety Staff Report. Ayes: Kelly, Paulus, Smith, Richards Motion carried. The City Engineer was asked to report at the meeting of August 15, 1994, on the staff time involved to produce a computerized map of existing intersection controls in the eastern half of Edina. ADVISORY BOARD OF IIEALTII RECOMMENDATION ON HEXBICIDE SPRAYING DISCUSSED Matthew Peterson, Community Health Services Advisory Committee (CHSAC) Chair,' presented the recommendation of the CHSAC on the use of pesticides on park grounds and other public properties in the City. Mr. Peterson explained that this issue was referred to the CHSAC by the Council after receiving letters and calls from Edina residents and citizens' groups concerned with the City's practice of spraying chemicals on park grounds. said the CHSAC met on July 13, 1994, with concerned residents, representatives of the LWV and City staff to discuss policy options and implementation ideas. He The recommendation of the CHSAC is as follows: The CHSAC recommends to the Edina City Council that it immediately require city departments to place a moratorium on the spraying or application of pesticides. This moratorium would apply to the grounds, waters, facilities and equipment at the 38 city parks and at miscellaneous public properties in the City. This moratorium does not apply to the revenue facilities in the City parks system, including the Braemar and Normandale Golf Courses, Braemar Arena, and Edinborough facilities, or to Arneson Gardens, the Courtney Fields in the Braemar complex, or the ball fields at Van Valkenburg Park. medians, natural areas, and city mowed areas that are not commonly or appropriately used for recreational purposes. Also not included in the moratorium are those boulevards, This moratorium is to continue in effect until the Park Department and associated city offices can research and propose an implementation plan intended to achieve the following: 1. 2. Discontinuance of spraying or application of pesticides by the City or its contractors in as many locations and situations as possible. Management of playing fields and open grassy areas of city parks and other public properties for weed, insect and disease control by alternative means involving no or significantly less use of potentially hazardous chemicals. In general use park areas, spraying shall not be conducted for the primary purpose of improving the aesthetic appearance of grassy areas. safety, wind and water erosion control, serious insect infestation, control of water runoff, and the health of trees and related vegetation shall be justification for targeted pesticide application. Inform the residents of the city regarding lower cost, cost reduced hazard approaches to park and grounds management. Help citizens to accept a higher "weed tolerance" and slower acting methods of problem control, 3. Only more critical issues of turf management such as surface 4. 7/18/94 18 This implementation plan and new policy proposal to be presented by the Park Department to the CHSAC for its review by March 31, 1995. Mr. Peterson said he had met with Park Director Keprios this morning to discuss the recommendation. alternatives to herbicide application. in terms of its use so that required use of herbicides would be limited. Director Keprios was enthused by the opportunity to consider He was asked to classify park properties In making its recommendation, the CHSAC took into consideration the following: 1) Park Department does not apply herbicides on or near playgrounds or around grills and picnic areas; 2) The procedure has been to promptly post an area after spraying. 3) Pesticides are only applied in a narrow band of weather conditions and only by city employees who have been certified as trained sprayer operators, 4) Edina School District has enacted a ban on all spraying, and 5) U of M and State Department of Agriculture offers many progressive ideas for communities in this area of concern. This policy will be changed to posting before spraying: The following individuals spoke in support of the recommendation of the CHSAC: Lou Rohman, 7301 Oaklawn Avenue; Cathy Nelson, 7117 West Shore Drive; Tina Thevenin, 8761 Lakeview Drive, Bloomington; Sheila Lissick, 4501 Oak Drive; Connie Hondl, LWV representative; Ruth Sauer, 3901 West 49th Street; and Kristine McKeon-Rohman, 7301 Oaklawn Avenue. Mayor Richards asked Park Director to comment on the recommendation. Director Keprios said he would support the proposed moratorium as recommended by the CHSAC. He said he saw his job as providing safe ground cover, e.g. safe for users, environment, humans, pets, but pointed out that all those are not necessarily compatible with the use of herbicides. Director Keprios said he was eager to learn more about the issue and to know what success the Minneapolis Park Board has had with their non-spraying policy. Park I Mayor Richards asked if the City had any contractual obligations for this growing season and whether the Park Board has had a chance to discuss the recommendation. Director Keprios replied that he needed to check on any contracts; further that the Park Board has not seen the recommendation. Member Smith made a motion that staff be directed to bring back on August 1, 1994, a plan and process for the use of herbicides, the development of a policy regarding the use of pesticides and the need for a moratorium ordinance. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Smith, Richards Motion carried. APPORWMENC HADE TO ElJMAN RELATIONS COMMISSION Edina School Board has recommended appointment of Erick Strand to the Human Relations Commission as a School representative to fill the unexpired term of Geoffrey McCray who has resigned from the Commission. Mayor Richards advised that the Member Smith made a motion for consent of the Mayor's appointment of Erick Strand as School representative to the Human Relations Commission to fill an unexpired term to February 1, 1997. Motion was seconded by Member Kelly. Ayes: ' Kelly, Paulus, Smith, Richards Motion carried. I *PERMT AUTHORIZED FOR DISCJ3ARGE OF FIREARM TO CONTROL BEAVERS AT BRAEHAR PARK Motion was made by Member Smith and was seconded by Member Kelly authorizing issuance of a permit to allov discharge of a firearm for beaver removal in Braemar Park. 7/18/94 19 Motion carried on rollcall vote - five ayes. *RESOLUTION APPROVING DESIGNATION OF POLLING LOCATION FOR PRECINCT 19 Member Smith introduced the following resolution and moved approval: RESOLUTION DESIGNATING POUING LOCATION EDINA PRECINCT 19 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that Calvary Lutheran Church, 6817 Antrim Road, Edina, MN 55439, be designated as the polling location for Precinct 19. Motion carried on rollcall vote - five ayes. *HEARING DATE OF AUGUST 15. 1994. SET FOR PARTIAL RELEASE OF CONSERVATION RESTRICTION ON LOT 4 AM) LOT 5 - MARK DALQUIST ADDITION Motion was made by Member Smith and was seconded by Member Kelly setting August 15, 1994, as hearing date on the petition for partial release of the conservation restriction on Lot 4 and Lot 5 of the Mark Dalquist Addition. Motion carried on rollcall vote - five ayes. *HEARING DATE OF AUGUST 15. 1994. SET FOR VACATION OF UTILITY EASEMENT ON LOT 5, BLOCK 7. WOODBURY PARK NEAR LAKE HARRIET (3617 W. 55TH STREET) Motion was made by Member Smith and was seconded by Member Kelly for adoption of the following resolution: RESOLUTION CALT..ING FOR PUBLIC EIEARING ON VACATION OF EASEMENT FOR UTILITY PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined after receipt of the petition of the owner of the land affected thereby that the following described easement for utility purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: The easterly five feet of the following described strip of land: . A ten (10.0) foot strip of land for a storm sewer or drainage ditch, the West property line of which is described as follows: Commencing at the South property line of West 55th Street and the centerline extended of Drew Avenue South, thence South a distance of two hundred and fourteen (214.0) feet along the centerline of Drew Avenue South extended. 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun-Current, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: This Council shall meet at the time and place specified in the form of notice NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE EASEMENT IN TBE CITY OF EDINA EEl"EPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on August 15, 1994, at 7:OO P.M. for the purpose of holding a public hearing on the proposed vacation of the following utility and drainage easement: The easterly five feet of the following described strip of land: A ten (10.0) foot'strip of land for a storm sewer or drainage ditch, the 7/18/94 20 West property line of which is described as follows: Commencing at the South property line of West 55th Street and the centerline extended of Drev Avenue South, thence South a distance of two hundred and fourteen (214.0) feet along the centerline of Drew Avenue South extended. All persons vho desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone, or cable poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE ED= CITP COUNCIL Marcella If. Daehn, City Clerk Motion carried on rollcall vote - five ayes. 1TI"T FOOD LICENSE FOR EDINA MORNINGSIDE ROTARY DISCUSSED said he had a request from the Edina Morningside Rotary concerning itinerant food licenses required by the City. events hosted by the 50th and France Merchant's Association. turned back to support community projects. license is $70.00 per event, they are asking that the City consider issuing one itinerant food license for the season. Following discussion, the Council asked the City Attorney to check into the legal ramifications and work with staff to bring back a recommendation on the issue. Manager Rosland Their group has been asked to support three All profits are Because the fee for an itinerant I RESPOMSE TO AUDITORHANAGEEENT LETTW DEFERRED TO AUGUST 15. 1994 Because of the late hour, Manager Rosland suggested that discussion on the response to the auditor management letter be deferred to August 15, 1994. unanimously agreed to defer the matter to the meeting of August 15, 1994. The Council CLAIMS PAID Member Smith made a motion to approve payment of the following claims as shown in detail on the Check Register dated July 15, 1994, and consisting of 28 pages: General Fund $1,820,301.30; C.D.B.G. $1,695.00; Cornmanication $156.22; Working Capital $10,321.67; Art Center $6,486.70; Swimming Pool $12,997.04; Golf Course $101,413.31; Ice Arena $16,755.49; Gun Range $343.22; Edinborough/Centennial Lakes $40,622.60; Utility Fund $53,617.59; Storm Sever $2,378.67; Recycling $39,779.77; Liquor Fund $66,121.76; Construction Fund $231,444.85; IBR #2 Fund $316,435.00; TOTAL $2,720,870.19; and for confirmation of payment and the folloving claims as shown in detail on the Check Register dated July 13, 1994, and consisting of 10 pages: General Fund $107,111.37; Working Capital $290.00; Liquor Fund $291,939.63; .TOTAL $399,341.00. Member Paulus seconded the motion. Ayes: Kelly, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:35 P.M. -7kkwtL74 u City Clerk