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HomeMy WebLinkAbout19950206_regular187 HlXUTES OF TJ3E BEGlJLBB MEETING OF THE ED= CITP COuLp%IL HELD AT CITY HAIL FEBRUARY 6, 1995 ROILCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and I Mayor Richards. CONSENT AGENDA ITEMS APPROVED by Member Smith to approve and adopt the Council Consent Agenda items as presented with the exception of removal of Item IX.B. - Assignment of Securities in Lieu of Bond. Motion vas made by Member Kelly and was seconded Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. EDINLL HIGH SCHOOL CONCERT BAND DAY PROCLAIMED Motion of Member Smith was seconded by Member Kelly and carried unanimously for adoption of a Proclamation naming February 24, 1995, as Edina High School Concert Band Day. Barbara Seaberg, President of the Band Boosters, accepted the Proclamation along with band members, Todd Zallaps, Jessica Seaberg and David Rickheim and urged the public to attend their upcoming concerts. VOLUNTEEBS OF AWITRICA VEEg IN ED= PROCIAIHED Motion of Member Smith vas seconded by Member Kelly and carried unanimously for adoption of a Proclamation naming the veek of February 5-12, 1995, as Volunteers of America Week in Edina. CITY OF EDII?A PRESENT'ED 1993 AAA PEDESTRIAN SAFETP CITATION AW- JoAnne Boche, Traffic Safety Manager for Minneapolis Auto Club, presented the 1993 AAA Pedestrian Safety Citation Award plaque and extended congratulations to the City of Edina on earning the award. She explained that this award is presented to communities that have gone nine or fewer consecutive years without a pedestrian fatality for the year of 1993. Chief Bernhjelm accepted the award on behalf of the City. HENNEPIN COUNTY COMMISSIONER MARY TAMBORNIN0 INTRODUCED introduced Mary Tambornino as the newly elected Hennepin County Commissioner representing the Sixth District which includes the City of Edina. Commissioner Tambornino extended her greetings and offered her assistance with any concerns. Mayor Richards *MINUTES APPROVED FOR REGULAR MEETING OF JANUARY 17. 1995 Member Kelly and was seconded by Member Smith to approve the Minutes of the Regular Meeting of January 17, 1995. Motion vas made by Motion carried on rollcall vote - five ayes. FINAL DEVEIX)PLIEEIT PW APPROVED FOR 5113 VEST 50TH STREET (CSM CORPORATION) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen recalled that in 1993 two different redevelopment concepts were approved for the property located at 5113 West 50th Street. called for partial demolition of the old bowling alley and the construction of a new, freestanding building where there is now a parking lot. eliminated the new building and called for a lessor reduction in size of the existing building. partial demolition and remodel of the existing building and proposed construction of a new freestanding building. The first proposal The second proposal Both redevelopment concepts have been dropped in favor of a 188 2/6/95 The new plan would call for a new 4,200 square foot freestanding building in the north parking area. The existing building would be downsized from 35,000 square feet to 16,700 square feet. A total of 125 parking spaces are proposed. remodeled building would feature a 14 foot wide drive-through in the central section of the building. The As a straight retail development the proposed plan would require 197 parking spaces. The plan suggests 125 parking spaces measuring nine feet wide, or 132 spaces possible at eight and one-half feet in width. the preference for nine foot wide spaces, a 21 space parking variance would be required. The proposed restaurant/retail development would require 146 spaces. Based upon the plans presented and The proposed use for the free-standing building would be a restaurant. easterly portion of the existing building would be a video rental store, with a second restaurant occupying the area immediately west of the drive-through and served by the drive-through. The new building and the remodeled building would share the same exterior design and materials and would comply with ordinance requirements. Exterior materials for the lower level would be brick with glass windows and a stucco sign band above the windows. be carried throughout both buildings in the redevelopment. The An un-lit, canvas awning would The landscaping plan would incorporate the HRA boulevard landscaping plans for this section of the Grandview Commercial District which were approved by the City Council/HRA in July 1994. Staff believes the new redevelopment plan is superior to either of the earlier plans for the following reasons: 1) There is a better building size to parking ratio. 2) There is a complementary mix of uses that are not competitive to one 3) There is a better and more uniform architectural statement that carries another. throughout the development. The Planning Commission considered the redevelopment plan at its meeting of January 4, 1995, and would recommend approval of the Final Development Plan with the following conditions: 1. Proof of Parking Agreement tied to the uses presented. 2. Watershed District grading permit. 3. Cross easements for shared parking and utilities. 4. Upgrade of private landscaping so that it is compatible with sizes proposed for the HRA project. Member Maetzold asked if consideration has been given to carbon monoxide problems that may occur in the drive-through tunnel. drive-through plans are preliminary at this point. relating to the drive-through would be addressed when the plans are reviewed by the Building Inspection Department. Planner Larsen answered that the All air quality concerns Member Paulus said she was concerned about vehicle stacking for the drive- through. required to comply with code and that he would not expect any stacking to back out to the public street. Member Paulus suggested that an additional condition for approval of the final development plan be that a review of the stacking issue be tied with the proof of parking agreement to address any building use change. Planner Larsen responded that stacking for three vehicles would be 2/6/95 189 Presentation bv DeveloDer David Carland, Vice President of CSM Corporation, said he regretted that the building has been vacant for such a long time. He believed the new proposal is the best of the three proposed to date because it presents less square footage and more parking, the proposed tenant mix is good, and there is less of a presence on 50th Street and good visibility for the other businesses with a smaller free-standing building. back on the north and east facades providing for additional parking. part remaining of the bowling alley would be the west and south walls and the large foundation walls. and glass that would be similar to buildings at 50th and France. The existing bowling alley building would be cut The only Plans are to construct a high quality building of brick Mr. Carland said proposed tenants would be Davanni's in the free-standing building with Blockbuster Video, Bagel & Bagel and a salon in the reduced building. Tentatively, the last 5,000 square foot is expected to be filled by Golf Unlimited now occupying space in Jerry's shopping center. the drive-through concept was initially developed to accommodate a bank. stacking would be unintrusive, would afford the ability for stacking in an area that would not normally be used for circulation, and would help with the overall parking. In terms of stacking, Mr. Carland said preliminary calculations indicate that eight cars can be accommodated. be adequate because the uses generate different parking peaks. utilize the municipal ramp or Washburn-McReavy's parking lot per conversations with them. with Code. In conclusion, Mr. Carland said the projected start date for the project is March, 1995. He explained that Vehicle Parking on site is considered to Employees could Proposed signage would be tastefully designed and in full compliance Council Comments/Action Member Smith recalled that under the earlier proposal for a Blockbuster Video store the Council was concerned with signage on the awnings. responded that the awnings would be of quality canvas, would be strictly ornamental (not lettered) and un-lit. Member Smith asked about maintaining exterior painted surfaces and said he was also concerned about ventilation for the drive-through. buildings would be maintained. recommendations but air should flow easily through the 16 foot high drive- through. Ideas considered are to leave areas open in the roof, or to implement an exhaust system if air quality becomes a concern. The proposed building depth is approximately 100 feet which would accommodate four cars in the actual drive- through area. Mr. Carland Mr. Carland answered that CSM standards are high and the He added that they would look to an engineer for Mayor Richards asked if there would be signage in the parking lot relative to who can park where. Mr. Carland said their goal would be to have complete free cross flow of parking in order to fully utilize the parking lot. Mayor Richards said he did not want to see a situation created whereby the City would receive phone calls about someone parking in CSM's parking lot while attending a funeral at Washburn-McReavy. Continuing, Mayor Richards asked what control the City would have to assure ambient air quality is maintained concerning the drive-through. Planner Larsen said the Building Inspection Department would require an engineer to certify that there would be adequate air quality. Mr. Carland responded to Mayor Richards that CSM Corporation would agree to upgrade their landscape plan to meet the plan previously approved by the HRA. Planner Larsen interjected that a number of underground parking garages exist in the City. Substantial experience exists in the Health and Building Departments regarding maintaining air quality in confined areas and technically any related problem could be solved. process, occupancy permits not be issued until air quality is deemed to not be a problem. Mayor Richards suggested that, as part of the permit 190 2/6/95 Mayor Richards then called for public comment on the redevelopment proposal. comment or objection was heard. No I Member Smith introduced the following resolution and moved adoption, subject to 1) Proof of Parking Agreement tied to the uses presented, traffic flow and attendant issues, 2) Uatershed District grading plan, 3) Cross easements for parking and utilities, and 4) Upgrade of private landscaping plan to be compatible vith sizes proposed for HRA Project: RESOUPTION APPROVING FINAL DEVELOPMEKC PLAN FOR CSH COBPOIWTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for CSH Corporation, 5113 Vest 50th Street, presented at the regular meeting of the City Council of February 6, 1995, be and is hereby approved. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. FINAL DEVELOPMENT PLAN FOR 4530 TBANCE AVENUE SOUTH (VALVOLRJE RAPID OIL1 CONTINUED TO FEBRUARY 21. 1995 Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen informed Council that the subject property is generally located west of France Avenue and south of Sunnyside Road. was used as a traditional gas/service station. acquired the property and received variances necessary to convert the facility from a gas station to a three bay Valvoline Rapid Oil Center. seeking approval for total redevelopment of the site which would remain a Valvoline Instant Oil Change facility. From 1952 to 1984, the site In 1984, Ashland Oil Company The owners are now The proposed redevelopment would require a front street setback variance and parking setback variance. France Avenue where 35 feet is required. The two bay southerly parking area provides a 10 foot parking setback from France Avenue where a 20 foot setback would be required. north and would flow out to the south. From staff's perspective, this plan represents an improvement in terms of efficiency of operation, does not increase the intensity of the operation, and reduces the new building to two service bays instead of the existing three bays. In addition, significant landscaping is planned for the 9,000 square foot difficult site which at best is a small single family lot. the variances requested are justified in terms of the smallness and shape of the site that makes it difficult for any operation. The proposed building provides a 32 foot setback from The two bay, flow-through operation would be entered from the Staff believes that The Planning Commission considered the proposal at its meeting of January 4, 1995, and would recommend approval of the Final Development Plan. Responding to Member Smith, Planner Larsen explained that immediately to the south is an older, single-family home that has been converted to an office use, to the immediate north and west is part of an old car dealership with an underground garage. Member Maetzold noted that on the westerly edge of the property there is a two story drop off and whereas in the past there was parking for two vehicles now there will be continuous traffic through there. is sufficient to support that traffic to insure that the western wall will remain secure. To the southwest the area is single family homes. I He asked if the underlying soil Planner Larsen stated the condition has existed for 40 years and he 2/6/95 191 would not suspect there would be a problem but would defer any stability concerns to the Building Inspectors as they keview plans for the new building. - Presentation for Proponent John Kosmos, K.K. Design, stated he was representing the proponent Ashland Oil Corporation. He explained that the barrel sign design on the new building would be virtually the same as on the old building and would be lit as is the current facility. He pointed out that the site is difficult because the lot is only 70 feet in depth from front to rear. Physically, the nearest residential property is 75 to 100 feet away and not abutting. Mr. Kosmos noted that the current building has only frost footings. between the new building and the lower building to the west the situation will be improved. through the site will be transferred further away from the west side. Mr. Kosmos said that conversations have been held with the adjacent property owner concerning all aspects of construction and drainage flow to make sure the wall stays stable. In conclusion, Mr. Kosmos said that the plan is a typical building for the company and cited two metro locations with similar buildings. From the standpoint of the relationship The foundation for the new building will be lowered and the action Member Smith said he was concerned about the lighted barrel signage facing the neighbors because of the building height. Mr. Kosmos said the building height is at 14 feet with the signage at approximately 12 1/2 feet. barrel signage and the low-key white lettering and said it should not create any disturbance for residents. proposed signage has not been evaluated by staff as to Code compliance. pointed out that at the administrative level we can control when signs can be lit and for what duration when the permits are issued if there are problem areas. He explained the red Planner Larsen commented that at this point the He Public Comment Dave Luger said he was the owner of the building immediately to the south and commented that the overall project would definitely be an improvement in terms of the landscaping. and development and has retained a strong small town flavor. He said his concern was that essentially this would become a building of signage with the barrel signage on three sides and the pylon sign in addition and asked if the signage could be scaled down. In the past, Edina has shown a lot of sensitivity to signage Jim Luger said he was the owner of Century 21/Luger Realty located two properties to the south. it would appear to have an even more intrusive effect into the community. Mr. Luger presented photographs of the current facility noting that Valvoline Oil places advertising banners in their windows and recently the City found them to be in non-compliance with a 'sandwich' board hiring sign on the property. He also observed that Valvoline's pylon sign is larger than that of Century 21 which he had been told was in compliance. He also questioned the amount of signage being proposed and said Council Comment/Action Mayor Richards commented that because of the concerns that have been raised he would like to see the matter continued to: 1) verify the height of the building, 2) determine whether the proposed signage complies with ordinance requirements, 3) look at the issue of hours the signage could be lit, and 4) review traffic in/out of site, and 5) visit specific addresses of other locations with this type of signage. Attorney Gilligan respDnded to Member Kelly that since variances are being requested, the City could impose conditions in granting the variances. Member Smith made a motion to continue the matter of final development plan approval for 4530 France Avenue South (Valvoline Rapid Oil) to February 21, 1995, 2/6/95 .. 192 to allow staff to bring back further information on the issues and concerns raised by the Council. Motion was seconded by Member Kelly. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. PUBLIC JiEARING HELD ON VACATION OF PORTION OF SUMMIT AVENUE Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Attorney Attorney Gilligan spoke to his memorandum dated February 3, 1995, regarding Murphy's Service Center located at 5100 Vernon Avenue and the vacating of Summit Avenue. He recalled that in 1993 as a part of the approval of the Murphy's Service Center redevelopment the City adopted a resolution vacating Summit Avenue, subject to the condition that the City be granted an easement over the easterly portion of vacated Summit Avenue for emergency vehicle access to Summit Point Apartments. property abutting the easterly portion of Summit Avenue, it is necessary for Hennepin County to join in the easement. date, Murphy's Service Center and the City have been unsuccessfully in obtaining Hennepin County's consent to the easement. Consequently, the vacation of Summit Avenue has not been completed. Because Hennepin County is an owner of a small piece of Attorney Gilligan explained that to In order to complete this matter, Attorney Gilligan said he would recommend that the City adopt a new resolution vacating Summit Avenue with the City specifically reserving in the vacation resolution an easement for emergency vehicle access to Summit Point Apartments over the easterly portion of vacated Summit Avenue. As a part of this approval, he said the Council should rescind its 1993 resolution vacating Summit Avenue. Council Comment Attorney Gilligan answered Member Maetzold's inquiry that the City is no longer responsible for snowplowing or maintenance of this area if the resolution is adopted. this responsibility to Mr. Murphy. I A maintenance agreement between Mr. Murphy and the City would transfer Member Smith introduced the following resolution and moved adoption: RESOLUTION VACATING SUMMI'J! AVENUE SUBJECT TO TBE RESERVATION BY THE CITY OF AN EASEMENT OVER A PORTION THEBEOF VHEaEBS, two week's published and posted notice of a public hearing on the proposed vacation of Summit Avenue was given and the hearing on the proposed street vacation was held on the 6th day of February, 1995, at vhich time all persons desiring to be heard were given an opportunity to be heard thereon; and VHEBEBS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made subject to a reservation by the City of an easement over a portion of the street for emergency vehicle ingress, egress and access; and VHEaedS, the Council has considered the extent to which the vacation affects existing easements vithin the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality orning or controlling electric, cable, or telephone 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 street/easement or portion thereof vacated to maintain, repair, replace, remove, or otherrise attend thereto; HOU, THEBEFORE, BE I'J! RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that, subject to the reservation by the City of the easement hereinafter described Over a portion of the street, the folloring described street is hereby vacated effective as of February 6, 1995: 2/6/95 193 That part of Summit Avenue as dedicated in the plat of GRAND VIEW HEIGHTS, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: That part of Summit Avenue lying Southerly of the Easterly extension of the Northerly line of Lot 6, Block 4 in said plat, and Northerly of the Northwesterly right-of-way line of County Road No. 158 (formerly U.S. Highway Nos. 169 and 212), with the City reserving an easement for emergencyvehicle ingress, egress and access Over that part of Summit Avenue which lies Southerly of the Easterly extension of the Northerly line of Lot 6, Block 4 in said plat, and Northerly of the Northwesterly right-of-way line of County Road No. 158 (formerly U.S. Highway Nos. 169 and 212) and Easterly of the following described line: Beginning at the intersection of the centerline of said Summit Avenue vith the Northwesterly right-of-way line of said County Road No. 158; thence Northerly along said centerline of a point 25.00 feet Southerly from the Easterly extension of the Northerly line of Lot 6, Block 4 in said plat; thence Northwesterly deflecting to the left 20 degrees 00 minutes 00 seconds to said Easterly extended line and there terminating. The Clerk is authorized and directed to cause a Notice of Completion of Proceedbgs to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder in accordance with Minnesota Statutes, Section 412.851. Motion was seconded by Member Maetzold. Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. Member Smith then made a motion for adoption of the following resolution: RESOLUTION RESCINDING APRIL 5, 1993 RESOUTTION ADOPTED BY THE CITP CONCERNING VACATION OF SUMMIT AVENUE U€EREAS, the City Council of Edina, Minnesota, adopted a Resolution Vacating Summit Avenue on April 5, 1993; WHEREAS, the City Council has adopted a nev resolution vacating Summit Avenue subject to the reservation by the City of an easement for emergency vehicle access Over a portion thereof; BE IT RESOLVED that the City Council hereby rescinds its prior resolution of April 5, 1993. Motion was seconded by Member Maetzold. Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. *BID AWARDED FOR TOP DRESSING AND SAND FOR BRAEMAR GOLF COURSE Motion was made by Member Kelly and was seconded by Member Smith for award of bid for top dressing and sand for Braemar Golf Course for 1995 to recommended low bidder, Leitner, Inc., for total cost not to exceed $12,000.00. Motion carried on rollcall votL - five ayes. *BID AWARDED FOR TERRA TOPPER FOR BRAEMAR GOLF COURSE Motion was made by Member Kelly and was seconded by Member Smith for award of bid for a 1995 model Terra Topper for Braemar Golf Course to recommended low bidder, Tee Shot Marketing, at $9,159.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR GASOLINE AND DIESEL FUEL FOR BRAEMAR GOLF COURSE made by Member Kelly and was seconded by Member Smith for award of bid for gasoline and diesel fuel for 1995, for Braemar Golf Course to RollZns Oil Company at $14,000, per Hennepin County bid. Motion carried on rollcall vote - five ayes. Hotim was 2/6/95 194 *BID AWARDED FOR PLAYGROUND EQUIPMENT AT LEVIS PARK Motion was made by Member Kelly and was seconded by Member Smith for award of bid for playground equipment at Lewis Park to recommended low bidder, Earl F. Anderson, at $43,500.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR VARIOUS TRAFFIC SIGNS I"TORY Hotion was made by Member Kelly and was seconded by Member Smith for award of bid for various traffic signs inventory to Lyle Signs, Inc. at $5,379.54, through Hennepin County Contract #2793A3-232. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR CONCRETE PLANKING FOR PUBLIC WORKS BUILDING Motion was made by Member Kelly and was seconded by Member Smith for award of bid for concrete planking for Public Works building to recommended low bidder, Spancrete Midwest, at $5,480.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR 1995 W-TON 4x4 PICKUP TRUCK FOR POLICE DEPARTMENT Motion was made by Member Kelly and was seconded by Member Smith for award of bid for one Police Department 1995 half-ton 4x4 pickup truck to Superior Ford, at $15,976.07, through Hermepin County Cooperative Purchasing Contract #3268B4-232. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR CASH REGISTER SYSTEM FOR BRAEMAR PRO SHOP Motion was made by Member Kelly and was seconded by Member Smith for award of bid for Braemar Pro Shop cash register system to recommended low bidder, Total Register Systems, Inc., at $8,521.17. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR VEHICLE REPLACEMENT FOR BEdLTH DEPARTMENT Motion was made by Member Kelly and was seconded by Member Smith for award of bid for Health Department 1995 Ford Taurus to Superior Ford at $14,312.54, through Hennepin County Contract X323284-232. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR PARKLAWN AVENUE STaEET IMPROVEMENT NO. BA-303 Motion was made by Member Kelly and was seconded by Member Smith for award of bid for Parklawn Avenue - Phase 11, Improvement No. BA-303 to recommended low bidder, Edward Xraemer & Sons, Inc. at $1,765,335.20. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR STREET SWEEPER BROOMS seconded by Member Smith for award of bid for street sweeper brooms to recommended low bidder, HacQueen Equipment, Inc., at $7,039.65. *BID AWARDED FOR COMPACT PICKUP !TRUCK FOR ENGI"G DEPARTMENT Motion vas made by Member Kelly and was seconded by Member Smith for award of bid for one Engineering Department compact pickup truck to Thane Hawkins Polar Chevrolet at $13,646.91, through Hennepin County Contract No. X3268A4-232. Motion was made by Member Kelly and was Motion carried on rollcall vote - five ayes. Motion carried on rollcall vote - five ayes. *BID AWARDED FOB 1/2 TON PICKUP !TRUCK FOR ENG-G DEPARTMENT Motion was made by Member Kelly and vas seconded by Member Smith for avard of bid for one Engineering Department 1/2 ton pickup truck to Superior Ford, Inc., at $16,363.73, through Hennepin County Contract No. X3268A4-232. Motion carried on rollcall vote - five ayes. *BID AWARDED FOB ONE WN CHASSIS AND CAB FOR UTILITIES DEPARTHEKI! Motion was 2/6/95 195 made by Member Kelly and was seconded by Member Smith for award of bid for Utility Department tme-tan chassis and cab to Thane Hawkins Polar Chevrolet at $15,969.68, tbrough Hennepin County Contract No. #326884-232. Motion carried on rollcall vote 1- five ayes. *BID AWARDED FOR ONE TON 4x4 PICKUP TRUCK FOR UTILITIES DEPARl"T Motion was made by Member Kelly and was seconded by Member Smith for award of bid for one Utility Department one-ton 4x4 pickup truck, to Superior Ford, Inc. at $17,702.43, through Hennepin County Contract No. #3268A4-232. I Motion carried on rollcall vote - five ayes. TUBF MANAGEHE" PUN FOR CITY PROPERTIES PRESENTED/APPROVED presented the report on the Edina Park and Recreation Department Turf Management Plan. acres of parkland, wooded areas and open space within its boundaries. Approximately 600 acres are grassy acres that are routinely maintained on a mowing schedule. In addition, the Park and Recreation Department also maintains many acres of highway islands and boulevards, which includes controlling undesirable and/or injurious pests such as weeds, insects and fungus to an acceptable level of tolerance. management practices that have been used in the past have included use of fertilizers and herbicides. Director Keprios The report noted that the City of Edina owns and maintains over 1,500 Some of the Park Maintenance Department turf Director Keprios said that in May of 1994, several residents expressed concern about the potential health hazards associated with the City's use of herbicides. At its meeting of June 20, 1994, the Council directed staff to work with the Edina Community Health Services Advisory Committee (ECHSAC) to establish a plan and a process that would address the residents' concerns of the use of herbicides on City owned property. meetings leading to the development of the proposed Edina Park and Recreation Department Turf Management Plan. Director Keprios gave a chronology of the various The proposed plan of action is as follows: 1. Approve an integrated pest management - (IPM) based turf management plan, which would include: A. B. C. D. E. F. G. H. I. J. K. L. Irrigation. Aeration. Proper drainage. More frequent mowing schedule. Setting mowers higher. Proper fertilization schedule. Over seeding (slit seeding). Top dressing. Using most durable grass seed mixture selections. Sodding where practical. Minimizing thatch where needed. Spot use applications (rather than broadcast applications) of least toxic herbicides only in cases where the intended activity would be intolerably compromised or when an economic or potential human injury is at risk. 2. Approve a weed tolerance classification for Citv of Edina owned UroDertv as follows : Categorv A: Areas shall have a 0-5% tolerance for weeds (e.g. golf courses, flower gardens and scheduled athletic fields secured by fencing) Categorv B: Areas shall have a 15-25% tolerance for weeds (e.g. medians, triangles, unfenced scheduled and non-scheduled athletic fields) Categorv C: Areas shall have a 100% tolerance for weeds (e.g. school 2/6/95 196 3) 2) 5) athletic fields, multiple-use athletic fields, maintained open play areas, picnic areas, playground areas, open space/wooded areas) Categorv D: Areas subject to special herbicide applications - public or private lands (e.g. eradication of noxious weeds as mandated by Minnesota State Law and creation of oak savanna forests) Auurove funding to hire a turf restoration consultant. Hire a professional turf management consultant for approximately $6,000 per year for two years. Auvrove educational turf management clinics. Funding for turf management consultant would cover the cost of clinic. (4,850 acres are privately owned manicured lawns in Edina) Auvrove funding to purchase turf maintenance equiument as follows: 1. Large capacity tow-behind top-dressing equipment $7,000 2. Six-foot slit seeder 7,500 3. Tow-behind aeraf ier 4.500 Total Cost $19,000 Summary of total recommended 1995 expenses: Maintenance Equipment Consulting Fees Total Cost $19,000 6,000 $25,000 I Matthew Peterson, CHSAC Chair, reported that the CHSAC had been following the issue of hazardous chemicals for approximately three years and felt the temporary moratorium on use of herbicides was the responsible thing to do. Turf Management Plan is quite novel and could become a model for other communities. emphasized that what is really needed is public education as the risk of exposure to herbicides is much greater at home than on public property. The proposed The goal is to use the least amount of herbicides possible. He Mr. Peterson said a common question was whether the City would be doing too much too fast - why not have a couple of test sites first? Evidence is mounting that hazardous chemicals are very serious and from a public health point of view Edina should move ahead with the maximum reduction possible. It was also asked whether the plan was developed in response to a lawsuit, or whether this is a passing eco-fad. Mr. Peterson said neither was the case - there is a sensitivity to these chemicals that will only increase. With 'reference to the proposed weed tolerance classification for public properties, Mr. Peterson said, in the opinion of the CHSAC, no change will be noticed in "A" category properties but they will be maintained with minimum use of herbicides. most complaints will be about the IiC" category properties in the unscheduled playground areas where more weeds will be noticed. the weeds in these areas by alternate means than using herbicides. He said the new slogan has been proposed for the IrCt* category properties that will be heard often - "We don't spray where children play". Mr. Peterson concluded by saying the CHSAC has recommended adoption of the Turf Management Plan as presented. Public Comment Mayor Richards noted that letters had been received from the Edina League of Women Voters and Pam Nelson, 5520 Countryside Road, urging adoption of the Turf The ilBti category properties will need some weed tolerance, but The approach will be to fight I 2/6/95 197 Management Plan. Tina Thevenin, 8761 Lakeview Road, Bloomington, commented that recently Connie Chung did a report on the effects of the pesticide, Dursban, and National Public Radio is thoroughly investigating the detrimental affects of pesticides OR people. approve the Turf Management Plan. She urged the Council to take this as seriously as the tobacco issue and Member Paulus asked what staff sees as the two year projection out concerning costs for the Turf Management Plan in addition to the initial $25,000 and how this would be financed. you-go process. A key component would be irrigation, i.e. getting existing irrigation systems back on line or replaced which would be done as resources are available. in excess of $250,000. to answer that question at this time. Director Keprios answered that this would be a learn-as- The ideal would be to irrigate all athletic fields which could cost As to funding, Director Keprios said he would not be able Member Maetzold asked Director Keprios if he had adequate staff to stay ahead of the weeds. Ideally, hiring a seventeenth Park Maintenance person would be desirable. reinstated sixteenth Park Maintenance position will be focused on turf management. pesticide application but until a consultant is brought on board it will be difficult to determine the labor needed. Director Keprios responded that weed control would be a challenge. The In addition, all Parkkeeper I11 personnel will be licensed in Mayor Richards said he applauded the work done so far on the Plan but felt it is important for the Council to keep it in perspective. If the plan is approved, he urged staff to make sure that the necessary procedures are in place to ensure resident feedback during the year on what some may argue is a deterioration of the condition of our parks or others may feel is an improvement. staffing for this type of endeavor needs to be looked at seriously in conjunction with other requests for additional City staffing that equates to spending dollars. of the program as to total cost, affects, complaints, unforeseen elements, feedback from all sectors of the community, etc., in an effort to proceed cautiously. He added that Mayor Richards suggested that after one year we do a candid assessment I Member Smith said he endorsed the comments made by Mayor Richards and also by staff in that they do not know all the answers. that the request tonight is for approval of expenditure of $25,000 from the 1995 Budget contingencies and, conceptually, $6,000 as part of the budget for 1996 but there may be a bigger capital item out there. He complimented all that had worked on developing the report and recommendation for the Turf Management Plan. He said his understanding was Member Kelly commented that educating the public is very important and if enough of our citizens can be educated on the need for this they may be willing to help pay for it. groups. community education effort. In the future it may be a project funded by community service Mayor Richards interjected that the Council should be part of that Member Paulus observed that, philosophically and financially, this is a big investment by the City and that the Turf Management Plan should be coordinated with the Edina School District's policy on herbicide use on playing fields. She said she concurred that the it was very important that the residents be educated on effects of herbicide use on private property as well. Member Paula made a motion to approve and adopt the Turf Management Plan as recommended by the Edina Community Health Services Advisory Committee and the Edina Park Board and to authorize an expenditure of $25,000 from contingency 198 2/6/95 funds for additional maintenance equipment and consulting fees. seconded by Member Kelly. Motion was Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. I REPORT ON 100 FOOT CONSEBVATION RESTRICTIONS DISCUSSED: RESTRICTION RETAINED Planner Larsen reported that the City has required the dedication of land or open space easements on lands adjacent to waterbodies since 1970. the subdivision ordinance was amended to require a SO foot dedication. 1971, the required dedication was increased to 100 feet. Neither the Planning Commission or City Council minutes reflect the rationale for the change. ordinance provides for either the dedication of land or an easement. the City has chosen to use the open space easement. Creek, the City has generally elected to acquire adjacent property. In November 1970, In April The In the case of Nine Mile Typically, Presently, the City contains approximately 13,000 single dwelling units. Eighty five percent, or 11,000 of those lots were platted prior to a dedication requirement. Lots platted prior to the dedication requirement are subject only to zoning ordinance setback requirements. there have been approximately 15 subdivisions where dedication was a requirement. Five of those subdivisions were approved with variances from the 100 foot requirement. Since dedication has been required During the 1992 codification new setback standards were added to address lots adjacent to streams, lakes and ponds. lakes (Arrowhead, Indianhead, Mirror, Cornelia and Edina) is now 75 feet. The required setback from creeks and ponds is now 50 feet. requirements are consistent with those prescribed by the Department of Natural Resource's shoreland management standards. The required setback from the City's five These setback Planner Larsen added that the required setbacks provide a public benefit by providing for increased flood protection, providing wildlife habitat and by preserving open space. The City may require a Itnatural condition" easement or an "open space" easement which allows the owner to landscape and use the area as yard space. The natural condition easement allows no alteration within the easement. The land area covered by easement remains private in both cases. the open area, there are no benefits to the public granted within the easement. No buildings or structures are allowed in either easement area. Beyond providing The question seems to be, would the City realize the same benefits if the required dedication or easement were reduced? equity. dedication requirement. waterbody subject to greater setbacks than other pre-existing lots on the same waterbody. Council may wish to consider the following alternatives which, procedurally, are not required by ordinance to be referred to the Planning Commission: There is also the question of The large majority of lots in the City were developed prior to the It is not uncommon to find lots on one side of a 1) 2) 3) Leave the existing 100 foot requirement in place for all waterbodies (applies only to property being subdivided). Reduce the required easement to 75 feet or 50 feet, consistent with DNR shoreland standards (applies only to new construction on a lot). Leave the 100 foot requirement in place, but adopt a policy to guide variance considerations. Member Maetzold said he had raised this issue based on observations in conjunction with Lot 4 of the Dalquist Addition when he noted that several properties in the immediate area were developed well within the 100 feet setback 2/6/95 199 requirement for subdivision, being developed prior to 1971. that came to mind was does the City have inequities in place. parameters established over the last 20 years or do we bring the requirements into line with the DNR standards for remaining land to be subdivided. Member Maetzold pointed out that most of the homes in Edina are subject to the 50 or 75 foot requirement. Mayor Richards commented that as a public body the City is better able to protect the public interest by having more restrictive rules on the books. may appear to be inconsistent it gives the City the tools, after hearing all the facts of a particular development, to modify the rules if the facts so indicate. He said the question Do we go by the Although it I Attorney Gilligan interjected that one difference (zoning ordinance versus subdivision ordinance) is that the City could still get the conservation restriction for a new subdivision which it could not get under the zoning regulations. was reviewed staff was aware of the inconsistency but did not recommend that the subdivision ordinance be changed. would put the City in a stronger position initially, would allow consideration of individual circumstances and make a decision based on the ordinance which may be less than the 100 foot requirement. Planner Larsen added that in 1989 when the subdivision ordinance The reason was that the 100 foot restriction Member Paulus commented that parcels involving wetland that was previously considered unbuildable or questionable are now being developed and she felt the 100 foot conservation restriction should remain in place to protect such areas. Member Kelly said that most of these are unique cases and she would concur. Member Smith said he would support leaving the 100 conservation restriction in place with the ability to look at unique situations such as the Dalquist Addition where there was disagreement on where the shoreline was measured from. maybe language should be added to the ordinance that the Council is the final judge as to any variance from the restriction. He said Mayor Richards summarized that the consensus of the Council was to leave the existing 100 foot conservation restriction in place for all lands adjacent to waterbodies. No formal action was taken. VACANCY NOTED ON MNNEHABA CREEK WA!l'ERSHED DISTRICT BOARD Mayor Richards asked the Council Members to submit names to him of any persons interested in serving on the Minnehaha Creek Watershed District Board for possible nomination to fill a term expiring in March, 1995. REAPPORTRENTS MADE TO BOARDS/COHHISSIONS/COHHITTEES Smith for consent of the Mayor's reappointment of individuals to advisory boards/cammissions/committees as follovs: Motion was made by Member Art Center Committee Arthur Dickey, Susan Kelm, DeLores Paul Community Health Seroices Advisory Committee Douglas Lambert, Audrey Rmyan Construction Board of ADDealS Quentin Collins, Edward Noonan Heritage Preservation Board John McCauley, Herman Ratelle, Lois Wilder, Donald Way Human Relations Commission Idith Almog (School), Nancy Atchison (School), John Crist (Council) Park Board James Fee, Andrew Herring, Frank Bennett (School appointee) Planninn Commission David Byron, Robert Hale, Gordon Johnson, Geoffrey Uorkinger (3 year term to 2/1/98) (2 year term to 2/1/97) (3 year term to 2/1/98) (2 year term to 2/1/97) (3 year term to 2/1/98) (3 year term to 2/1/98) (3 year term to 2/1/98) 2/6/95 200 Recvcling and Solid Uaste Commission Virgkia Bodine, Kathryn Prey, Inna Hays Regional Citizen Advisorv Commission (of SHeRPAI Betsy Flaten Zoninsc Board of ARReals (3 year term to 2/1/98) Donald Pattan Motion was seconded by Member Kelly. (2 year term to 2/1/97) (2 year term to 2/1/97) I Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion adopted. Mayor Richards noted the following vacancies to be filled: Board Amointment Needed - Term Park Board one 3 year to 2/1/98 Community Health Services Advisory Committee one Consumer 2 year to 2/1/97 one Provider 2 year to 2/1/97 Human Relations Commission one (Council) 3 year to 2/1/98 *ASSISTANT WEED INSPECTOR APPOINTED Motion was made by Member Kelly and was seconded by Member Smith for appointment of Lowell McCarthy as the Assistant Ueed Inspector for 1995. Motion was carried on rollcall vote - five ayes. 1. 2. 3. 4. 5. 6. *1994 ED= RECYCTJNG REPORT ACKNOULEDGED was seconded by Member Smith to acknowledge and accept the 1994 Edina Recycling Report as presented. Motion was made by Member Kelly and Motion was carried on rollcall vote - five ayes. I *1995 CONTRACT VITH LOCAL 320 <POLICE DISPATCHERS & CSO'S APPROVED Motion was made by Member Kelly and was seconded by Member Smith to approve the follcnring proposal for the 1995 Contract with Local 320 (Dispatchers and CSO's): Duration - One year agreement effective January I, 1995 through December 31, 1995. Article XVIII - $10.00 per month increase in employer contribution to employee's flex benefit program. Unused Sick Leave - Vi11 accrue at 8 hours per month to a maximum of 960 hours. On an annual basis (January 1 to December 31) 25 percent of all hours of unused sick leave above 960 hours may be placed in an account and used and scheduled like vacation. Time fromunused sick leave account may be used only When not detrimental to employer. sick time employee can use annually is three days. No banking or accruing time in the unused sick leave account; all time placed in the account must be used before end of the year in which time vas placed in the account. All accounts will be cleared on December 31 of each year. Employees whose sick leave balances drop belou 960 hours are not eligible for this provision. Training Differential - Civ shall offer a differential of $1.00 per hour for each hour so vorked. Employee Fitness Incentive - Eligibility for employee's fitness incentive shall be based upon the City of Edina's Police Fitness Program dated January 1, 1994. Amend Appendix A to reflect the folloving: Maximum amount of wed 1995 - 2.5% increase. Motion carried on rollcall vote - five ayes. I COllFlCIL LIAISON ACTIVITIES ACKNOUISDGED at the meeting of January 3, 1995, the Council asked that current liaison activities for Council Members be assembled. Council consensus was to reconsider these assignments prior to the end of 1995. Assistant Manager Hughes reported that 2/6/95 201 *PUBLIC HEARING FOR PROPOSED ISSUANCE OF HEALTH FACILITIES REVENUE BONDS FOR VOLUNTEERS OF AMERICA CONTINUED TO FEBRUARY 21. 1995 Kelly and was seconded by Member Smith to contiwe the public hearing for the proposed issuance of health facilities revenue bonds for Volunteers of America to February 21, 1995. Motion carried on rollcall vote' - five ayes. Motion was made by Member ASSIG- OF SECURITIES IN LIEU OF BOND To BE CONSIDERED ON FEBRUARY 21. 1995 Mayor Richards suggested that Item X.B - Assignment of Securities in Lieu of Bond be removed from the Consent Agenda and placed on the Regular Agenda for the Council meeting of February 21, 1995. CIAIKS PAID Member Smith made a motion to approve payment of the foll&ing claims as shown in detail on the Check Register dated February 3, 1995, and consisting of 40 pages: General Fund $533,785.83; C.D.B.G. $458.00; Communication $23,974.08; Working Capital $29,720.18; Art Center $7,724.64; Swimming Pool $94.90; Golf Course $21,436.45; Ice Arena $10,096.02; Gun Range $345.62; Edinboraugh/ Centennial Lakes $24,006.68; Utility Fund $347,242.06; Storm Sever $1,042.54; Recycling $40,756.02; Liquor Fund $76,850.06; Construction Fund $11,676.67; IBR #2 Fund ($1,272.74); TOTAL $1,127,937.01. Member Kelly seconded the motion. Rollcall : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:15 P.M. City Clerk