Loading...
HomeMy WebLinkAbout19940801_regular21 MINUTES OF THE REGULAR MEETING OF THE AUGUST 1, 1994 EDINA CITY COUNCIL HELD AT CITY HALL ROLLCALL Answering rollcall were Members Paulus, Rice, Smith, and Mayor Richards. Member Kelly arrived at 7:05 P.M. CONSENT AGENDA IT= APPROVED by Member Rice to approve and adopt the Council Consent Agenda as presented with the exception of removal of.Item 1V.B. - Award of Bid - Police Car Equipment. Rollcall: Ayes: Paulus, Rice, Smith, Richards Motion carried. Motion was made by Member Smith and was seconded *MINUTES OF THE REGULAR COUNCIL MEETINGS OF JULY 5 AND JULY 18. 1994 APPROVED Motion was made by Member Smith and was seconded by Member Rice to approve the minutes of the Regular Council Meetings of July 5, 1994 and July 18, 1994. Motion carried on rollcall vote - four ayes. PUBLIC HEARING HELD: FINAL REZONING. AMENDMENT TO COMPREHENSIVE PLAN - PLANNED COMMERCIAL DISTRICT. PCD-4 AND SINGLE DWELLING UNIT DISTRICT. R-1 TO PLANNED RESIDENCE DISTRICT. PRD-4 AND PRELIMINARY PLAT APPROVAL (4101 WEST 50TH STREET, 5014. 5016 AND 5024 HALIFAX AVENUE) CONTRJlTED TO AUGUST 15. 1994 Presentation by Planner Associate Planner Aaker informed the Council that the applicant is requesting final rezoning from Planned Commercial District, PCD-4 and Single Dwelling Unit District, R-1 to Planned Residence District, PRD-4, preliminary plat approval and amendment of the Comprehensive Plan for 4101 West 50th Street from Commercial to High Density Residential. corner of 50th Street and Halifax Avenue. The subject property is located in the southwest On May 16, 1994 the Council granted preliminary rezoning to the subject redevelopment. development. easterly side of the building. foot setback where 36 feet is required. A total of 56 parking spaces are provided of which 40 are under-buiIding spaces. greater than contained in the preliminary plan. plans in support of the request for final rezoning approval, plans are the grading plan, landscape plan and schedule, and final site plan and building elevations as illustrated. The approved plan calls for a 24 unit, three story condominium Included in the approval was a building setback variance for the At its closest point, the building provides a 21 The under-building count is four The proponent has submitted Included in those The proposed plan is essentially identical to the plan given preliminary approval. The grading plan, however, is slightly different than the preliminary plan. ground elevation at the building was shown at 887 on the preliminary plan. final grading plan raises the elevation to 890 feet. the change was necessary to accommodate the garage entry and assure proper drainage, The exterior materials will be a combination of brick and stucco. The The According to the proponent, The City Engineer has reviewed the revised grading plan and has had his concerns addressed concerning the drainage on the west side of the site. Creek Watershed District is scheduled to review the plan at its August meeting. The final development plans are consistent with those given preliminary approval. Density, parking and landscaping comply with ordinance requirements. building setback variance along the east property line remains the only variance required. The Minnehaha The 8/1/94 22 At its meeting of June 29, 1994, the Planning Commission recommended final rezoning, preliminary plat approval and amendment to the Comprehensive Plan and the 50th and France Avenue Plan, subject to: 1) Final plat approval, 2) Landscaping bond, 3) Watershed District grading permit. The modified landscape plan shows larger and taller trees on the south and west sides of the property. completion of the Council packets, staff did not have an opportunity to suggest that the maple trees along the south side be increased from three inches to four inches in diameter and that the spruce trees along the west be increased from six feet and eight feet in height to ten feet to be more consistent with suggestions of the Planning Commission. Because the revised landscape plan was submitted just prior to Presentation bv Proponent Mark Haymaker, Haymaker Construction, explained the two major grading changes incorporated in the plan that were recommended by the landscape architect. First, the drainage to the west of the building that would abut the adjoining properties was directed away from the alley and towards the parking area by increasing the swale. Second, in order to get the surface water and underground drainage off the site, it was necessary to raise the grade at the back of the parking lot and at the building so water would drain to Halifax Avenue. garage floor elevation was raised three feet to keep water from the lower level. He added that the request for setback variance remains the same because the building height as it relates to required setbacks has not changed. Tracy Eichorn-Hicks, attorney for proponent, pointed out that when the original plan was presented the building height was at 39 feet. roof level was lowered reducing the building overall height to 36 feet. Council Comment/Action Member Smith voiced concern with what the building height would actually be because of the increase in grade elevation. Mr. Haymaker stated that the first floor building elevation is at 890 feet and there is no change to the height of the structure; it remains at 36 feet as represented previously. that grade changes have been made to redirect the surface water as suggested at the previous hearings and to meet the watershed district requirements. Member Paulus asked for clarification of the proposed grades changes. Hoffman recalled that concerns were raised about west side building drainage onto property to the west. He clarified that the grade changes were made to assure that surface water would not drain onto the single family property to the west. Also, Sunde Land Surveying was asked to add swales on both the north and south sides of the public alley going to the west to drain water down the alleyway. Any internal grade changes on the site would not negatively impact the property to the west. The Subsequently, the mansard He reiterated Engineer Responding to Mayor Richards, Mr. Haymaker stated that the landscape plan has been modified to include four inch caliper maple trees rather than three inch and for eight to 10 foot spruce trees rather than six to eight foot trees. Associate Planner Aaker answered Member Rice that a developer's agreement would not be necessary on this property because a landscaping bond would be a condition of granting final rezoning and the watershed district would examine the final grading plan. would be brick and stucco. calculations but the building would be predominately modular size dark brick construction with accents. Member Rice then asked what percentage of the building exterior Mr. Haymaker responded that he would get those Member Smith said he was still confused about the building elevation as the draft Planning Commission minutes indicated that the ground elevation at the building 8/1/94 23 was shown at 887 feet on the preliminary plan and that the final grading plan raises the elevation to 890 feet. Mr. Haymaker explained that the grade would be lower than the first floor elevation to provide security for first floor occupants. elevation and grades as shown on the preliminary plan and as now presented, Mayor Richards commented that one of the most important issues about this development was the height of the proposed building and that the reasons for the grade changes may be valid. watershed district staff and the project engineer could be present to offer explanations for the proposed grade changes and to clarify the building elevation. After further discussion and questions regarding building height, He suggested that the hearing be continued so that Member Smith made a motion to continue the hearing on Final Rezoning, Amendment to the Comprehensive Plan - Planned Commercial District, PCD-4 and Single Dwelling Unit District, R-1 to Planned Residence District, PRD-4 and Preliminary Plat Approval to August 15, 1994, to allow the proponent to respond to the questions raised by Council. Member Rice seconded the motion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PUBLIC HEARING ON PRELIMINARY REZONING. PLANNED COMMERCUU. DISTRICT. PCD-4 TO PLANNED COMMERCIAL DISTRICT. PCD-3 AND FINAL DEVEMPMENT PLAN FOR 3500 WEST 69TH. STREET CONTINTED TO AUGUST 15. 1994 Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Associate Planner Aaker informed Council that the applicant is requesting a rezoning from Planned Commercial District, PCD-4 to Planned Commercial District, PCD-3. Southdale Center property. station but is currently vacant. this site consistent with the zoning of the shopping center. The subject property is located in the south central area of the The site was formerly developed with a service The proposed rezoning would make the zoning for The proposed rezoning would allow for the redevelopment of this site for a banking facility. The development envisions a building with 1,826 square feet of floor area along with four drive-through teller lanes. The site plan illustrates 10 parking spaces, including one disabled parking space. The primary exterior material shown for the building is brick. Associate Planner Aaker explained that the proposed building would meet the 50 foot setback required by the PCD-3 District. requirements for parking, parking setbacks and stacking spaces for the drive- through lanes. for final rezoning. and schedule. the rezoning. The plan also would meet ordinance The proponents have submitted plans that meet the requirements The plans included grading, drainage and landscaping plan The proponents are requesting that Council waive Second Reading of The proposed rezoning is consistent with the zoning on the majority of the shopping center site. The proposed development meets all zoning ordinance standards and requires no variances. Development of this site will not change or interfere with the existing ring road system. At its meeting of June 29, 1994, the Planning Commission recommended approval of the rezoning and also recommended that Council waive Second Reading of the rezoning. Presentation for Proponent Paul Sevenich, Assistant Manager of Southdale Center, stated he represented the owner, Equitable Life Assurance Society, and had nothing to add to the presentation made by Planner Aaker. He explained that the tenant requested waiver of Second Reading for the rezoning for possible occupancy by mid-November. 81 1/94 .. 24 Council Comment/Action Member Rice expressed concern with the proposed building mass/height on the small site and questioned whether that amount of height was necessary. Oppidan Investment Company, said he was developing the site for Marquette Bank. The purpose of the design is driven by the desires of Marquette and Southdale Center/Equitable Life/General Growth Companies to create something tasteful and somewhat residential looking, similar to other Marquette facilities. Approximate usable area in the building would be 1900 square feet with an open upper area to give a bigger feel. Joe Ryan, I Member Rice asked about the number of employees in the facility and whether the proposed six parking spaces would be adequate. four employees who would park in the Southdale Center employee overflow parking lot. service area age. signable indicating the proposed rezoning and asked if notices had been sent. Associate Planner Aaker stated notices had been mailed but could not answer why the site was not posted. Mr. Ryan said the bank would have He elaborated that the banking industry has changed to a drive-through Member Rice noted that the site had not been posted with Mayor Richards asked what would happened if another similar request was made on the Southdale perimeter. Mr. Sevenich noted that the subject site is zoned as a separate parcel and if a similar request was made it would require rezoning as a separate parcel. leasable area would make this prohibitive unless additional parking decks were built. Member Kelly commented about the traffic from the Galleria on 69th Street, the existing boulevards and how that would impact the banking facility. noted that the bank site would be accessed from the Southdale Center ring road. Member Smith concurred that stacking of vehicles could occur. explained that the bank use would actually stagger vehicle departures from the site at one and one-half minute intervals. He explained that the parking ratio for the Center's gross Mr. Sevenich I Mr. Sevenich Member Paulus asked what guarantee the City would have that there would be no stacking of vehicles onto the public streets as exists now at peak times at TCF on West 66th Street. Mr. Sevenich explained that the proposed plan meets the criteria of City ordinances. The site would accommodate four cars in the chambers with room to stack six vehicles in each of the four lanes. Member Rice asked if each side of the building would be signed in addition to a monument sign. regard to signage on the building. Also that nothing has been determined as to the size of the possible monument sign but they would probably maximize the Mr. Ryan answered that Oppidan is directed by General Growth with signage as allowed by City rules. Mayor Richards then called for public comment on the proposed development. comment or objection was heard. Mayor Richards commented that the Council has raised a number of issues and concerns, e.g. the building height/structure, procedure concerning posting No rezoning sign, traffic impact, vehicle parking, and concern for similar future perimeter development requests. He elaborated that the Council is saying this is an asset that has been in Edina for a long time, is one of its most valuable assets, and that the Council as a regulatory body wants to make sure that nothing will be done that may diminish the value of this property known as 'Southdale'. Member Paulus made a motion to continue the public hearing on the request for preliminary rezoning from Planned Commercial District, PCD-4 to Planned 8/1/94 .. 25 Commercial District, PCD-3 and final development plan approval for 3500 West 69th Street to August 15, 1994, to allow the proponent to address the issues and concerns raised by the Council. Ayes: Kelly, Paulus, Rice, Richards Motion carried. (Member Smith was temporarily absent during the vote) PUBLIC HEARING HELD: FII?AL PLAT APPROVED FOR LEWIS RIDGE TOWNHOMES Presentation bv Planner Associate Planner Aaker presented the request for final plat approval for Lewis Ridge Townhomes (Lot 2, Block 1 and Outlot B, Lewis Ridge). The subject property is located east of Cahill Road and is zoned Planned Residential District, PRD-3. The proposal as submitted would replace a 54 unit condominium building with a 15 unit townhome development. acre instead of 11.9 units per acre with a net density of 5.2 units per acre. Access to the development would be from Lewis Ridge Drive which is a private street. The overall density would be reduced to six units per The Council reviewed and approved the preliminary plat and final development plan on June 20, 1994. Subdivision dedication was satisfied with Phase I of this development. The proposed project has not been modified from preliminary plat approval. Staff would recommend final plat approval, subject to: 1) Executed developer's agreement, and 2) Executed access easement to Lewis Ridge Parkway. Presentation by Proponent Ron Clark, Ron Clark Construction, stated he was developer of the Lewis Ridge Townhomes and had nothing further to add, but offered to answer any questions. Public Comment Mayor Richards then called for'public comment on the request for final plat approval. No comment or objection was heard. Council Comment/Action Member Rice introduced the following resolution and moved adoption, subject to: 1) Executed developer's agreement, and 2) Executed access easement to Lewis Ridge Parkway: RESOLUTION APPROVING FINAL PLAT FOR LEWIS RIDGE TOWNHOMES BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "WS RIDGE TOWNHOMES", platted by R.E.C., Inc., a Minnesota corporation, and Americana Bank, a Minnesota banking association, and presented at the regular meeting of the City Council of August 1, 1994, be and is hereby granted final plat approval. Motion was seconded by Member Kelly Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. APPEAL FROM ZONING BOARD OF APPEALS DECISION UPHELD TO DENY REOUEST FOR 31 FOOT LOT WIDTII VARIANCE ANI) 28 FOOT FRONTYARD SETBACK VARIANCE FOR 5908 VERNON AVENUE Presentation bv Planner Associate Planner Aaker informed Council that David Thomas and Virginia Leach have requested a 31 foot lot depth variance and a 28 foot front yard setback variance to construct a new single dwelling unit. lot that is located on the north side of Vernon Avenue, south of Dundee Road and is an undeveloped single dwelling lot. The subject property is deficient in lot depth; the ordinance requires a minimum 120 foot lot depth as measured from a straight line connecting the mid-point of The subject lot is a platted 8/1/94 26 the front and rear lot lines. therefore, a 31 foot lot depth variance is requested. The lot has a measured depth of 89 feet, I The subject property also requires a front yard setback variance. must respect the frontyard setback of the neighboring property. adjacent lot is the only other lot on the block facing Vernon Avenue. dwelling next door maintains a 58 foot frontyard setback, therefore, to maintain a 30 foot frontyard setback, a 28 foot frontyard setback variance is requested. Graphics were presented showing the proposed building footprint and the side elevations. A new dwelling The westerly The Associate Planner Aaker elaborated that the subject property was subdivided in 1971. In 1980 identical variances as those now requested were processed and approved for the purposes of constructing a new dwelling unit on the lot. The Board's 1980 approval was appealed to the City Council by a neighbor. Council approved the variances with findings. in 1980, therefore the variances lapsed. In 1987, the applicant submitted an application for the same variances requested in 1980. identical to the previous request. however not on the grounds of its appropriateness. The Board recognized the right to develop the property but denied the request on the grounds that the plans presented were not considered sensitive to the topography and that the home did not maintain the character and symmetry of the neighborhood. The A building permit was never issued The building footprint was The Board denied the variance request, The current proposal is to construct a single dwelling unit within the same building envelope as the other two previous requests. The home is a two story walkout with brick siding and finishes. The 1987 proposal was denied based on the type of home design. The current design appears to be similar to the previous requests. as to building height and lot coverage and meets all setback standards with the exception of the frontyard setback, On July 7, 1994, the Zoning Board of Appeals heard and denied the applicant's request for variance. Council to appeal the Zoning Board of Appeal's decision. I The proposed home is well within the requirements of the Code The applicant has requested a hearing before the City Member Rice asked what the height of the proposed home was from the rear walkout elevation to the roof top. Allan Hastings, surveyor for proponent, answered that the height was about 32 feet. Presentation bv ProDonent David Thomas, 6220 Orchid Drive, Excelsior, MN, explained that the reason construction did not go forward in 1980 was that the abutting property owners on Dundee Road would not sign an easement for sewer and water mains to service the new house. He mentioned that the property has been for sale for a time, it is overgrown with woods and is a 'goofy' little lot. Mr. Thomas said three architects have worked on the design for the house and he felt the home would be an addition to the neighborhood. Public Comment Richard Hinkie, 5600 Dundee Road, stated that his home was north of the subject property and one house to the east. from two perspectives. First, should anything be built on the site. When the lot was first platted the City thought it was 20 feet deeper than it actually was due to an administrative error which contributed to the setback variances being requested. The utility easement mentioned by Mr. Thomas was signed 14 years ago and runs between 5600 and 5540 Dundee Road. Two large trees would be lost by installation of utilities He asked the Council to look at the proposal 8/1/94 27 to service the subject lot. for all vehicles traveling Vernon and the proposed residents. that of drainage because the houses on Dundee Road are considerably below the elevation of the subject property. A curb cut onto Vernon Avenue is a safety concern A larger issue is Second, if the Council feels something should be built on the site, the following should be considered. The lot is basically a flat lot - the net effect of the proposed walkout would be a three and a half story house that would be sited 10-14 feet above the homes on Dundee Road. A quality home design should blend with the natural terrain. Under this proposal there would be no blending - a lot of ground would be moved to make this work (four foot of fill). trees are a sound buffer for Vernon Avenue - removing those and putting structure in will only make the noise worse for the neighborhood. suggested that the house be redesigned - nothing has happened as this is the same plan. To make it work Mr. Hinkie said he had suggested to the owners in 1987 that the house be turned 90 degrees and backed into the hill. The existing The 1987 Zoning Board Mr. Hinkie concluded his remarks by noting the requested variances have been turned down twice by the Zoning Board of Appeals and should be again because no new information has been brought forth. He added that one of the great joys of living in Edina is the care with which the Clty protects its heritage and guides its future development. If a home is built on the site, at the least it should fit in with the existing neighborhood. Dorothy McIntyre stated that she and Sylvia Logerquist are co-owners of the property at 5540 Dundee Road - the parent lot from which the subject lot was subdivided in 1971. Ms. McIntyre said they opposed the proposed development because of its negative affect on their property and the neighborhood. recited background information beginning prior to the lot division in 1971 when the original property was owned by Margaret Willis and the subsequent hearings in 1980, 1987 and on July 7, 1994, before the Zoning Board of Appeals for variances on the subject property. She Ms. McIntyre pointed out that research of the minutes when the lot was proposed for subdivision indicated that, although the lot would meet the minimum lot area requirements, the east side would be about 40-50 feet short of meeting the minimum 120 feet lot depth requirement. Further, that the necessary access to Vernon Avenue would be questionable and that despite possible difficulties in development of the lot to be created, the staff recommended approval. In June of 1971 the City Council did subdivide the lot and Mrs. Willis subsequently offered it for sale. It was then purchased in 1980 by David Thomas. The file also noted that a village staff member stated that the survey of the lot was submitted after the Council approved the subdivision and illustrated a lot depth which was less than a previous graphic causing the lot to be smaller than the minimum lot standard required by ordinance. which created the situation which has now gone on for nearly 23 years. the Council to consider the impact of the proposal to the homes on Dundee Road. Ms. McIntyre said these were the actions in 1971 She asked Continuing, Ms. McIntyre told Council that they purchased the property at 5540 Dundee Road in 1979. City notified them of the hearing for variances. presented testimony opposing the variances as being excessive and severe and that the proposed dwelling would have a negative affect on neighboring properties. In 1980 the Zoning Board granted the variances but limited its approval to the condition that the variances were limited to the plans presented which at that time showed a much lower and smaller structure intended to be sensitive to the area. while the reason is not known, Ms. McIntyre said it had nothing to do with a easement for utilities that occurred four years later. They first learned of the lot's problems in 1980 when the They and other neighbors At that time no building permit was issued and the variances expired and At the second hearing in 8/1/94 2% 1987, the plans for the dwelling had expanded to a three-level structure. At that hearing and the recent hearing in July, 1994 the Zoning Board of Appeals denied the request for variances based on the plans not being sensitive to the topography and not maintaining the character and symmetry of the neighborhood. Ms. McIntyre said they would hope that the Council would not grant the variances and that the lot would remain as it is today on the premise that the ordinance requirement that there be an undue hardship unique to this property and not self- imposed has not been met. Ms. McIntyre said their position is that the claim of hardship is not valid, does not meet the intent of the ordinance and should not be corrected by the City. In closing, she noted that the Zoning Board of Appeal's action on July 7, 1994, did recognize that the proposed dwelling would I the rear and would be detrimental to the asset to the neighborhood. Also, there if the house is constructed as they have years they have lived there. nit blend well, would &e very tall from neighbors. She said it would not be an is concern about surface water drainage not experienced water problems over the David Thomas, proponent, responded that from Vernon Avenue as two stories of it portion of the lot and that he believed the proposed home would not be visible will be buried into the bank on the west it would be an asset to the neighborhood. He added that the surveyor has taken great pains to make sure that surface water will drain away from the homes on Dundee Road. Mr. Thomas said they have tentative arrangements for sewer and water service via the boulevard from Heather Lane. Mr. Thomas said the property was subdivided before he purchased the property and he has been paying taxes on it for over 15 years believing it was a buildable lot. Concerning the utilities, Council Comment/Action Member Rice commented that, while the owner does have a right to develop his property, no other homes in the area have such height as the one proposed. said he was not concerned about the frontyard setback variance and felt the suggestion to cant the house at an angle may give it more aesthetic quality for the neighbors on Dundee Road. high building to the property owners on Dundee because of the fall off of the grade. Concerning traffic safety, although a concern, other residents have driveways onto Vernon Avenue and that should not preclude development of this property. proposal. I He He concurred that it would appear as a massive, He concluded that in its present state, he could not support the Member Kelly submitted that the proposed house would not conform to the character and symmetry of the neighborhood. safety issue and she would support denial of the requested variances but did not want to prohibit the proponent from coming back with another plan. Gilligan responded that the Council would need to act on this appeal from the Zoning Board of Appeals's decision to deny the requested variances. would not preclude the proponent from submitting another request for variances when the process would start over again with no time limit restriction. Also, that access onto Vernon Avenue is a Attorney Such action Member Smith said he supported the comments made by Members Kelly and Rice and suggested the proponent go back to the drawing board. Member Kelly made a motion to affirm the decision of the Zoning Board of Appeals to deny the 31 foot lot depth variance and the 28 foot front yard setback variance to construct a single dvelling unit on a platted lot at 5908 Vernon Avenue. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. I 8/1/94 29 RESIDENT CONCERN REGARDING WATER BILL FOR 4832 WESTBROOK LANE EXPRESSED Nora Jarmel, 4832 Westbrook Lane; expressed concern with her $43.25 quarterly water bill. She said she lives alone, waters sparingly and believes the charge to be too much. Manager Rosland said he would ask staff to look at her billing, possibly check her water meter and get back to her. *BID AWARDED FOR EDINA AQUATIC CENTER PUBLIC ADDRESS AND SOUND SYSTEM Motion was made by Member Smith and was seconded by Member Rice for award of bid for the Edina Aquatic Center public address and sound system to recommended low bidder, MTS Northwest Sound, Inc., at $6,598.00. Motion carried on rollcall vote - four ayes. BID AWARDED FOR POLICE SQUAD CAR EOUIPMENT Member Rice said he asked this item be removed from the Consent Agenda for an explanation as why the expenditure is needed. Motors and Ford Motor is a small part of their total market. Therefore, their cars are built for the majority of vehicles not the minority and the new 1994 model police vehicles are made with dual air bags. It is necessary to replace the interior siren and emergency light controls which had been positioned on an overhead console to the right of the driver which would be in the air bag deployment zone. Both the National Transportation Safety Board (NTSB) and National Highway Safety Administration (NHSA) recommend that the passenger side air bag not be disabled. this equipment loose causing problems for the driver, e.g. injury and/or loss of control of the vehicle, etc. After brief discussion, Member Rice made a motion for award of bid for police squad car equipment to sole bidder, Streicher's, at $14,846.31. seconded by Member Smith. . Chief Bernhjelm explained that the manufacture of police cars by General If not done and the air bag is deployed, it could knock Motion was Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *CHANGE ORDER APPROVED TO ADD KEYSTONE WALL AT 13TH TEE OASIS (BRAEMAR GOLF COURSEZ Motion was made by Member Smith and was seconded by Member Rice to approve a change order in the amount of $2,044.00 to Perkins Landscape Contractors for construction of a keystone retaining wall at the 13th tee oasis. Motion carried on rollcall vote - four ayes. TEMPORARY HERBICIDE MORATORIUM ADOPTED Council meeting of July 18, 1994 staff was directed to establish a plan and a process to address the recommendations of the Edina Community Health Services Advisory Committee (ECHSAC) regarding the use of herbicides on City property. Manager Rosland recalled that at the Mayor Richards called for comment on the recommendation; no Council or public comment was heard. Member Smith introduced the following resolution and moved its adoption: WHEREAS, the City Council of the City of Edina, Minnesota, has referred to its Community Health Senices Advisory Committee (CHSAC) the matter of spraying herbicides on park ground and other public properties in the City because of citizen concerns; WHEREAS, the CHSAC has considered and discussed the issue of herbicide spraying and has recommended to the City Council that it immediately require City departments to discontinue applying herbicides to the grounds, waters, facilities and equipment at the 38 City parks and miscellaneous public properties in the City by imposing a temporary herbicide moratorium; W€IERBB, the CHSAC has also recommended that while the temporary herbicide RESOLUTION IMPOSING TEMPORARY HERBICIDE MORATORIUM 8/1/94 30 moratorium is in effect the Edina Parks Department research and propose an implementation plan on the use of herbicides; ' NOU, THEBEPORE, BE IT RESOLVED by the Edina City Council that from August 1, 1994 to and including March 31, 1995, subject to earlier termination or extension by the Edina City Council, the Edina Park Department staff and other City employees shall not: 1. Spray or otherwise apply herbicides to the grounds, waters, facilities, and eqyipment at the 38 City parks and at miscellaneous public properties in the City. 2. However, excepted from this moratorium are revenue facilities in the City parks system including the Braemar Golf Course, Normandale Golf Course, Braemar Arena, Edinborough Park, Ameson Gardens, Courtney Ballfields and Van Valkenburg Park. BE IT FURTHER RESOLVED that the Edina Parks Department and associated City offices research and propose an implement plan intended to achieve the following: A. Discontinuance of the spraying or application of pesticides by the City or its contractors in as many locations and situations as possible. B. 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. C. In general use park areas, spraying shall not be conducted for the primary purpose of improving the aesthetic appearance of grassy areas. Only more critical issues of turf management such as surface 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. I). Inform the residents of the City regarding lower cost - reduced hazard approaches to park and ground management. "weed tolerance" and slower acting methods of problem control. I Help citizens to accept a higher Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. CELL~AKBBWA INSTALLATION APPROVED AT EDINB FIRE DEPARTMENT SITE Manager Rosland explained that representatives of USWest/New Vector Group, Inc. have approached City staff for the purpose of discussing the erection of a single monopole tower on the grounds of the Edina Fire Department. would replace the existing public safety tower which is located on the fire station itself. existing tower to the new monopole. telephone antenna on the monopole. The proposed tower The public safety antennas would be transferred from the In addition, USWest would install a cellular By letter dated July 24, 1994, Japes B. Littlejohn, attorney for USWest, has outlined the basic terms of a proposed agreement with respect to the erection and operation of the tower: 1) USWest would pay all costs associated with the erection of the monopole and relocation of the City's public safety antennas. 2) USWest proposes to pay a rental of $1,000 per month for their right to attach their antennas to the tower. 3) Term of the lease is five years - renewable for four subsequent five year periods. 4) Rent increase provided if USWest elects to renew the lease for subsequent five year periods. A project booklet illustrating the height and location of the proposed monopole and antennas as well as the existing public safety antenna was presented. lease contemplates the construction of a small addition to the fire station, part of which will be used by USWest for equipment storage. The 8/1/94 31 Manager Rosland pointed out that public safety antennas and towers are exempt from the requirements of the antenna ordinance. However, private antennas, such as that proposed by USWest are subject to the ordinance. the USWest antenna, a variance would be required. This variance was considered and granted by the Zoning Board of Appeals at its July 21, 1994 meeting. variance, of course, would be of no affect unless the Council agrees to proceed with the lease agreement. Due to the height of The The lease provides for the possibility of four extensions, each of which would be for an additional five year term. The proposed annual rent for each of the terms is as follows: first renewal - $14,400; second renewal - $17,280; third renewal - $20,736; and fourth renewal - $24,883.10. If the cell site remains for the entire 25 years the City would receive a total of $446,496. recommend that Council authorize execution of the Option and Lease Agreement. Staff would Member Smith asked if there would be space on the Fire Department grounds for erection of a second tower to provide for another user. Chief Paulfranz responded that there probably would be space; however, there is a provision in the lease agreement that would allow another cellular provider to place another antenna on this monopole. The only restriction is that the second provider would have to maintain 20 feet vertical or horizontal distance from the USWest antenna. Member Paulus asked if the monthly rental is a fair and typical rate. Wong, USWest, said that the $1,000 per month lease rate is standard; USWest has leases running from $250 to $1,200 per month. He confirmed that the site could accommodate another monopole but typically another cellular provider would co- locate on the same monopole and could do so at a distance of 20 feet below the USWest antenna. a signal is being transmitted. Mayor Richards commented that 25 years is a long time and while the rental of $1,000 per month may be the market rate today, it may well be below the market rate in the future depending on inflation, Mr. Wong said that issue has been addressed by the four percent per year increase in rental fee. if USWest has any lease agreements with a CPI escalator. have but both USWest and the lease holders favor the stated rent. Attorney Littlejohn interjected that cellular rates have been decreasing since 1983. Bernie The position would depend on what the objectives are and how far I Member Rice asked Mr. Wong said they do Member Smith made a motion to approve execution of the Option and Lease Agreement with U!West/New Vector Group, Inc. subject to the modification that this lease dd not preclude the City from erecting an additional similar antenna on the site. Motion was seconded by Member Paulus. Member Rice offered an amendment to the motion to provide for either the stated rent increases in the negotiated contract or one-half of the CPI, Minnesota all items, whichever is greater. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards then called for vote on the main motion as amended. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith moved adoption of the following resolution, subject to: 1) the modification that this lease would not preclude the City from erecting an additional similar antenna on the site, and 2) that the lease provide for either the stated rent increases in the contract or one-half of the CPI (Minnesota all items), whichever is greater: 8/1/94 32 RESOLUTION AUTHORIZING OPTION AND LEsSE AGREEMENT WITH USWEST BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby authorizes and directs the Mayor and Manager to execute the Option and Lease Agreement with USWest for a cellular antenna site at the Edina Fire Station, 6250 Tracy Avenue. Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. RESOLUTION ADOPTED TO CEANGE ORDER OF COUNCIL AGENDA Manager Rosland informed Council that staff has discussed the order of the Council Agenda and would recommend that the order be changed by moving the item Concerns of Residents down on the agenda. the Recommendations and ReDorts item to be heard prior to those residents who just appear at the meeting and ask to speak. This would allow residents who have gone through a process under Member Smith suggested leaving the agenda in its present order but limiting the introduction of an issue by a resident with deliberation or decision of the issue on a future agenda. Member Paulus said her concern was that a special interest group could appear and railroad an issue through by not following a process whereby the issue would be an agenda item with notice to all affected residents. Member Rice commented that he felt it would be more fair if all followed a process. Member Paulus introduced the folloving resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby amends the order for the Council Agenda by moving the item "Concerns of Residents" down to follov the item "Recommendations and Reports". Rice. Motion was seconded by Member Rollcall : Ayes: Kelly, Paulus, Rice, Richards Nays: Smith Resolution adopted. 1994 ETHICS LEGISLATION DISCUSSED REGARDING PROHIBITION OF GIFTS TO PUBLIC OFFICIBIS Mayor Richards said that he had asked Manager Rosland and Attorney Gilligan to clarify the recent legislation (Chapter 377) regarding prohibitions of gifts to public officials which becomes effective on August 1, 1994. Gilligan had opined that given the uncertainties of the Ethics Legislation it would be best for the City officials and employees to proceed cautiously. Manager Rosland asked for direction concerning the type of invitations from private clubs that have been made to City staff in the past which included support staff as well as department heads. support staff would not be subject to the prohibition because they are not officials or employees who are in a public position to make or recommend major decisions regarding the expenditure or investment of public money. Attorney It was generally agreed that the Also discussed and approved was a draft letter which would be sent to vendors under the signatures of the Mayor and Manager concerning this new law which would ask that vendors refrain from offering any gift or other consideration to our elected or appointed officials, which would include the City Council, members of advisory boards and commissions and all fulltime employees. *RESOLUTION dDopTED APPOIKCIMG PRIMARY ELECTION JUDGES Smith and vas seconded by Member Rice for adoption of the folloving resolution: RESOLUTION BPPORJTING PRIURY ELECTION JUDGES BE IT RESOLVED by the Edina City Council that the individuals named on the list as presented and on file in the office of the City Clerk be appointed as election Motion was made by Member 8/1/94 33 judges for the primary Election to be conducted on September 13, 1994; BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized to make any substitutions or additions as may be deemed necessary. Motion carried on rollcall vote - four ayes. REPORT GIVEN ON MEXTING BETWEEN DEVELOPER/PARKkTOOD KNOLLS COALITION CONCERNING PARKWOOD KNOLLS 22ND ADDITION Chuck Webster, 6645 Interlachen Boulevard, informed Council that on Tuesday, July 26, 1994 representatives of the Parkwood Knolls Coalition had met with developer Harvey Hanson and his associates, regarding the Parkwood Knolls 22nd Addition development. encouraging meeting and the developer had presented several alternate plans that seemed promising. He said it was an Mr. Webster said it is their intent to keep working with the developer to try to accomplish their main objectives: 1) to minimize through traffic in their neighborhoods, and 2) to increase lot size in the northeast portion of the development. He said they realize a compromise will have to be reached with the developer and they hope a mutually agreeable plan can be presented to Council in the near future. public record. He concluded by saying he was appearing so that the report would be of *PETITION FOR SIDJ3WAI.K (SOUTH SIDE PARKLAWN AVENUE) REFEXRED TO ENGINEERING DEPARD FOR PROCESSING Member Rice to refer the petition for sidewalk on the south side of Parklam Avenue to the Engineering Department for processing. Motion was made by Member Smith and was seconded by Motion carried on rollcall vote - four ayes. POLICE SCHOOL LIAISON OFFICER APPROVED District has proposed contracting with the Police Department for the services of a Police School Liaison Officer (PSLO) beginning September 1, 1994. Manager Rosland said the Edina School The PSLO program was begun in Edina in 1965. communications between the schools and the Police Department, provide opportunities to build,positive relationships between youth and police, coordinate services to youth in need, and to help provide law enforcement needs in the district, with primary focus on the middle schools and high school. The program's intent is to improve The school district has proposed having an officer in the schools each day during the school year - a commitment of 172 days of a 260 day work year or 66% of a full time officer. The district would pay the actual costs of the officer's salary and benefits for that time and has currently levied approximately $39,500 for this purpose. No additional appropriation for 1994 would be necessary due to unanticipated vacancies in the Police Department. selection process is completed, estimated as late November. Hiring would occur when the candidate Staff would recommend: 1) to authorize the contract for PSLO with the Edina School District for the 1994-95 school year, and 2) to authorize the addition of one police officer position to the Police Department. Member Kelly made a motion to: 1) authorize the contract for PSM with the Edina School District for the 1994-95 school year, and 2) authorize the addition of one police officer position to the Police Department. motion. Member Smith seconded the Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. 34 8/1/94 CLAIMS PAID Member Kelly made a claims as shown in detail on the consisting of 28 pages: General motion to approve payment Check Register dated July of the following 28, 1994 and Fund $113.534.28; C.D.B.G. $18,990.00; Communication $26,369.78; Working Capital $9,600.59; Art Center $7,290.25; Svimming Pool $4,256.11; Golf Course $97,005.89; Ice Arena $6,439.10; Gun Range $144.60; Edinborough/Centennial Lakes $18,371.39; Utility Fund $298,479.31; Storm Sever $1,817.46; Liquor Fund $62,588.89; Construction Fund $772.34; TOTAL $665,659.99. Member Rice seconded the motion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:37 P.M.