HomeMy WebLinkAbout19960415_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
APRIL 15,1996
ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and Mayor Richards.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by Member
Kelly adopting the Council Consent Agenda as presented.
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Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
ARBOR DAY PROCLAIMED Motion of Member Kelly seconded by Member Maetzold and carried
unanimously adopting a proclamation naming Arbor Day on April 26, 1996. Mayor Richards explained
Arbor Day was first observed in 1872 when J. Sterling Morton proposed to the Nebraska Board of Agriculture
that a special day be set aside for the planting of trees. For the past nine years, Edina has been recognized
as a Tree City U.S.A. by the Foundation and continues to plant trees for future generations.
*MINUTES OF THE REGULAR MEETING OF APRIL 1, 1996, APPROVED Motion made by Member
Smith and seconded by Member Kelly approving the Minutes of the Regular Meeting of April 1, 1996.
Motion carried on rollcall vote - five ayes.
STREET RECYCLlNGlMlLLlNG OF NRN BITUMINOUS SURFACING IMPROVEMENT A-1 79 APPROVED
lCOOPER AVENUE, COOPER CIRCLE, SPUR ROAD, CIRCLE EAST AND CIRCLE WEST) Affidavits of
Notice were presented, approved and ordered placed on file. Member Kelly informed the Council and
audience she would abstain from the discussion and vote on this issue since she lives in the area of the
proposed improvement.
Presentation bv Enaineer
Engineer Hoffman informed Council the proposed improvement is part of the City's ongoing renovation of
neighborhood streets. Previous projects used either total reconstruction as in the Morningside area in the
late 70's to early ~O'S, or remilling and overlay with new curb and gutter as in County Club District in the early
70's. This improvement project proposes to use a third type of street reconstruction called full depth
reclamation.
Engineer Hoffman explained full depth reclamation is a technique where the full flexible pavement section
and a predetermined portion of the underlying materials are uniformly crushed, pulverized and blended,
resulting in a stabilized base course. A new bituminous surface is then laid over the recycled base course.
Last season a test section of Orchard Lane was constructed using full depth reclamation. Braun Intertec,
a consulting engineering firm, evaluated the test section. Their test results showed the test section
performed as expected and would provide a stable neighborhood street. Full depth reclamation
reconstruction results in cost savings of approximately 50 percent over traditional street reconstruction
methods. In addition, construction time is greatly reduced since projects can usually be completed in
approximately a week's time.
Engineer Hoffman continued that before the street reconstruction, the City would repair some storm sewer,
catch basins, manholes, and the watermain area disrupted last winter. These items would be paid for from
Utility Funds.
Engineer Hoffman stated the renovation area proposed at this time includes Circle West, Circle East, Spur
Road, Cooper Avenue, and Cooper Circle. Cooper Circle is about five years newer than the other streets
and was constructed with curb and gutter. Engineer Hoffman suggested the City consider whether to
include Cooper Circle in the renovation project or to wait five years to renovate it. The total estimated street
reconstruction cost is $136,310.90. The estimate cost per lot (area assessment) is $2,196.60. Engineer
Hoffman recommended Cooper Circle be assessed at $1,896.60 because the street is newer and curb and
gutter exist. The assessments would extend over a ten year term.
MinuteslEdina City CouncillAprill5, 1996
Engineer Hoffman proposed assessing Orchard Lane for this area improvement. Orchard Lane was the test
area and was not assessed last year. Staff recommends all properties in the area should benefit from the savings to the neighborhood created by the Orchard Lane test section.
Engineer Hoffman reported neighborhood comments included: timing of the project due to home remodeling
projects, support of some area residents for the project, a Cooper Circle resident requesting they not be
included and an Orchard Lane resident questioning why they need to be included in the assessment.
Engineer Hoffman explained to the Cooper Circle resident they could petition themselves out of the project.
Public Comment
Sara Rockler, 24 Circle West, asked how the City determined the per lot assessment. Engineer Hoffman explained the assessment was an area assessment where each residence within the project area was
charged the same rate. Ms. Rockler continued, her lot has a small frontage as opposed to the many homes in the area with large frontages on the street. She questioned whether all the lots should have the same
assessment.
Janet Keller, Circle West, agrees with Ms. Rockler that the assessment should be based on front footage
as market value is assessed. Ms. Keller pointed out lots with large frontages and stated her opinion that
the area assessment is an inequitable method of calculating assessments.
Sheldon Rockler, 24 Circle West, asked if the proposed area assessment is the normal method of assessing
street improvements. Mr. Rockler asked if this were the first time an area assessment were used for
assessing neighborhood streets. Mr. Rockler felt the assessment method was not equitable.
Janet Keller asked what Council's process was for improvement projects. Mayor Richards explained the
Council must decide either to order the project or cancel it. If the project is ordered and constructed , upon
completion another hearing would be held to consider assessing the project cost to the affected properties.
Council Discussion/Action
Member Kelly repeated her abstention from discussion and voting.
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Member Paulus asked for an explanation of the methods used to calculate assessments. Engineer Hoffman responded that typically two methods are used. One method Council has used in the past is an area assessment as the Country Club neighborhood's sidewalks. Or, if a single street is being built, linear front feet are used to calculate assessments. Engineer Hoffman stated the Hilldale area streets are
neighborhood streets used by entire neighborhood, but not subject to through traffic. Therefore, staff
recommended the area assessment method of calculating the proposed assessments.
Mayor Richards stated he agrees the fairest method of computing assessments for this project is area wide
not front footage since the area assessment involves an equitable assessment for all users.
Member Smith stated his agreement with the assessment method and need for the project.
Member Maetzold added his support to the project and area assessment for the street reconstruction.
Sheldon Rockler, 24 Circle West, took exception to the equal usage by all neighborhood residents as discussed by Council.
Member Smith introduced the following resolution and moved its adoption, seconded by Member
Baulus: I RESOLUTION ORDERING STREET IMPROVEMENT NO. A-I79
WHEREAS, a resolution of the Edina City Council adopted the 1st day of April 1996, fixed a date
for a council hearing on the proposed reconstruction of Hilldale area streets, Improvement No. A-179;
and
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MinuteslEdina Citv CouncillApril 15, 1996
WHEREAS, ten days’ mailed notice and two weeks’ published notice of the hearing was given, and
the hearing was held thereon on the 15th day of April 1996, for Improvement No. A-I79 Recyclelmilling
Streets & New Bituminous Surfacing, at which all persons desiring to be heard were given an
opportunity to be heard thereon.
NOW, THEREFORE, BE IT RESOLVED that the Council has duly considered the views of all
persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed
with the construction of said improvement, including all proceedings which may be necessary in
eminent domain for the acquisition of necessary easements and rights hereby designated and shall
be referred to in all subsequent proceedings as Improvement No. A479 Recycle/milling Streets &
New Bituminous Surfacing, Hilldale Area.
That Improvement A-I79 Recycle/milling Streets & New Bituminous Surfacing Hilldale Area
is hereby ordered as proposed.
Plans and specifications prepared by City Engineer, Francis Hoffman, a copy of which plans
and specifications which is on file in the office of the City Clerk, are hereby approved.
The City Clerk shall prepare and cause to be inserted in the official paper an advertisement
for bids upon the making of such improvement under such approved plans and specifications.
BE IT FURTHER RESOLVED:
1.
2.
3.
Adopted this 15 day of April, 1996.
Rollcall:
Members Maetzold, Paulus, Smith, Richards
Member Kelly abstained.
Resolution adopted.
Member Kelly stated her opinion that the City should consider method of charging people for damage to
streets done by heavy equipment brought into neighborhoods during construction projects. Engineer
Hoffman explained the City does charge for damage to City Streets and has a process in place for issuing
permits and checking for damage.
*STREET RECYCLINGIMILLING NEW BITUMINOUS SURFACING IMPROVEMENT A-180 (SUNNYSLOPE
ROAD EAST, SUNNYSLOPE ROAD WEST, WOODHILL WAY, DALE DRIVE, RIDGE PLACE. HILLTOP
LANE) CONTINUED TO MAY 6,1996 Motion made by Member Smith and seconded by Member Kelly
to continue to May 6,1996, the public hearing for Street RecyclinglMilling New Bituminous Surfacing
Improvement A-I80 on Sunnyslope Road East, Sunnyslope Road West, Woodhill Way, Dale Drive,
Ridge Place, Hilltop Lane.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARING HELD: PRELIMINARY REZONING GRANTED FROM SINGLE DWELLING UNIT
DISTRICT TO PCD-3, PLANNED COMMERCIAL DISTRICT, PRELIMINARY PLAT APPROVAL GRANTED
FOR PARTS OF REGISTERED LAND SURVEY 629 AND LOTS 5.6, AND 7, BLOCK 2 YORK TERRACE
AND FINAL DEVELOPMENT PLAN APPROVED FOR JERRY’S ENTERPRISES, WELSH COMPANIES
AND CITY OF EDINA Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Planner
Planner Larsen informed Council the proposed redevelopment includes all properties located between the
Wick’s Furniture site and the Key Cadiilac site. The project area includes three existing single dwelling
properties fronting Xerxes Avenue. The proposed rezoning affects only the three residential properties,
since the remaining property is currently zoned PCD-3. The total project area contains 8.76 acres. The
redevelopment would remove all existing buildings except the Yorkdale Shops retail building on the southerly
portion of the site.
Planner Larsen stated the proposed redevelopment area contains a Cub Supermarket (66,850 square feet)
with an attached retail space for Hirshfields (8,550 square feet), and an expanded Yorkdale Shops retail mall
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MinutesEdina City CouncillApril 15, 1996
(38,385 square feet), on the southerly portion of the site. The City's Liquor Store would move to the space
now occupied by Hirshfields in the Yorkdale Shops Mall.
Planner Larsen continued, the proposed buildings comply with Zoning Ordinance setback requirements of
50 feet along the easterly property line. Along the north and south property lines City Code requires no
setback since adjacent uses are zoned commercial. The required setback for parking is 20 feet along York
Avenue and Xerxes Avenue. The proposal provides 20 feet along York Avenue, but less than 20 feet in
some areas along Xerxes Avenue. At the far northeasterly portion of the site the setback is 15.85 feet,
requiring a 4.15 foot parking setback variance. The redeveloped site would have a total floor area of 113,758
square feet requiring 569 parking spaces. The proposed plan illustrates 562 spaces requiring a seven space
variance.
Planner Larsen reminded Council Hennepin County is scheduled to reconstruct this section of York Avenue
in 1996. The proposed site plan conforms to the approved design for York Avenue. The principal access
point will be at a signalized intersection in the central portion of the site. Other access to the sight will be
limited to right turns idright turns out. The redevelopment plan suggests no access to Xerxes Avenue.
Planner Larsen added the redevelopment requires replatting the property to accommodate the new building
arrangements and ownership. The plat creates a separate parcel for the liquor store owned by the City.
Planner Larsen continued, the Planning Commission has reviewed and recommended approval with
conditions, the Preliminary Rezoning and Preliminary Plat. In addition, staff supports the parking quantity
and setback variances. Staff believes the mix of uses are complimentary and due to the nature of the uses,
believes the parking is adequate for the site.
Planner Larsen pointed out City of Richfield's notes included in the Council's packet. He explained the notes
resulted from a neighborhood review meeting held April 9, 1996. Planner Larsen summarized the notes
stating seventeen households attended the meeting with Mr. John Johanson representing the developers.
Concerns/questions from the residents included the following:
Curb cuts on Xerxes Avenue. Residents were relieved no access is proposed for Xerxes Avenue;
Noise - Screen HVAC equipment, position away from residential areas. Deliveries are a concern
because of diesel refrigerator trucks idling while waiting to unload;
Lighting - direct all lighting away from residential area;
Maintenance - reduce dirt and litter blowing into residential area;
Berm - residents pleased to see berm extended northerly, would like to see the berm higher and
include a break for a walking path. Plant trees with sufficient caliper to provide immediate screening;
Crime - residents see the redevelopment project as potential for increased crime, Richfield and
Edina need to work with area residents to collaborate on this concern; and
Property Values - concern over potential for decline in value.
1.
2.
3.
4.
5.
6.
7.
Planner Larsen met with the Richfield staff to address the residents' concerns relating to City Code, Le., curb
cuts, noise, lighting, and berm, and informed Council the residents' concerns had been delivered to the
developer. He introduced Bruce Palmborg, Richfield Community Development Director.
Planner Larsen concluded staff recommends: 1) approval of the proposed preliminary rezoning of 6716,
6720 and 6724 Xerxes Avenue conditioned upon Final Rezoning and amendment of the Comprehensive
Plan (residential to commercial), 2) Preliminary Plat approval replatting all of the property to reflect the new
ownership conditioned upon Final Plat approval and dedication of right-of-way on York Avenue at the
southwestedy comer of the property conforming to the County Plan for reconstruction of York Avenue; and
3) Final Development Plan Approval reflecting the proposed redevelopment of the property, subject to Final
Rezoning and Final Plat approval.
Proponent Presentation
John Johanson, Welsh Companies, introduced Bob Shadduck from Jerry's Enterprises, Greg Kopiske from
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MinuteslEdina City CouncillApril 15, 1996
the civil engineering firm of Westwood, and Craig Meuwissen from Planmark. Architects. Mr. Johanson
stated the developers' goal was to combine several adjacent properties to make a modem, attractive,
synergistic shopping center. Mr. Johanson stated the developers believe the current site improvements do
not meet with what should be done on the site. Their proposal makes the site into a very clean, attractive,
functional, shopping center. He added the development is a joint project between the Welsh Companies
and Jews Enterprises. Jerry's Enterprises currently operates the existing Count& Store on the site. Mr.
Johanson explained the existing grocery store, the Northwest Book Store and the Edina Liquor Store will
be demolished and a Cub Foods of roughly 68,000 square feet constructed in place of the Country Store.
The liquor store or similar use would be attached to the Cub Foods and Northwestern Book would be
relocated into the existing Yorkdale Shop strip center. A small expansion on the end of the strip center to
accommodate a new tenant is planned. One of the developers' goals with the project is to accomplish the
redevelopment of the shopping center while York Avenue is under construction thus limiting the construction
impact to one time. Mr. Johanson said the developers would move the Edina Liquor Store at their cost,
hopefully on a one or two day schedule. Improvements planned for the site include improved signage such
as a multi tenant sign for the Yorkdale Shops on York Avenue, improved drainage, possible sprinkler
installation to the Yorkdale Shops, upgraded berm, upgraded landscaping and site maintenance, installation
of a high berm between the site and residential properties, and a new parking lot for 70-80% of the site.
Bob Shadduck, Jews Enterprises, stated the proposed Cub Foods is very similar to the Cub Foods located
at 60th Street and Nicollet Avenue. He continued the interior operation of the store is different from many
Cub Stores currently in operation. The store will have a perishable side of the store and a dry side. It will
be a smaller store than the corporate Cub stores operated in other areas. Mr. Shadduck stated his intention
to be sensitive to the residential neighbors, minimizing noise and clutter, and relegating truck traffic to the
back of the store situated toward another commercial site.
Bruce Palmborg, Richfield's Director of Community Development, thanked Edina staff for notifying Richfield
of the proposed development. This allowed residents from the area to meet and discuss their concerns
regarding the proposal. He suggested the residents have some expectations because of that meeting and
noted some residents were present to make their concerns known.
Public Comment
Elizabeth Olson, 6712 Xerxes Avenue, voiced her concern with the redevelopment. The developers will
demolish three homes next to her. She lives on the north side of the site and noise is a problem with the
refrigerator trucks idling while waiting to be unloaded. Ms. Olson wanted to know how she will be
compensated since she feels her property will lose value with the redevelopment. Ms. Olson asked for
clarification of access, landscaping, fencing and operational issues with Jerry's Enterprises. She expressed
concern with safety during the construction process.
Mayor Richards asked Mr. Shadduck to respond to the concerns raised by Ms. Olson. Mr. Johanson
displayed a graphic of the site and showed the area between Ms. Olson's and the proposed redevelopment.
He stated the developers' intent to install a fence of approximately ten feet designed to Ms. Olson's
specifications and placed as she directs. The developer offered to meet with Ms. Olson to discuss her
concerns.
Mayor Richards asked if a Developers Agreement were part of this proposed redevelopment. Planner
Larsen responded that most issues would be covered under the normal building permit, but a Developer's
Agreement will also be important. Mayor Richards urged Ms. Olson to meet with the developers and make
her issues known.
Michael Ressen, 6729 Xerxes Avenue, stated he lives directly across from the proposed redevelopment.
Mr. Ressen requested the following items be added to the proposal: require an impact study be performed
on the local area at the expense of the developers to determine the effects and changes in property value
in the immediate and surrounding area, to be completed before issuing any further authorization to proceed
with this development including but not limiting to the following factors: the increase in noise pollution, the
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MinuteslEdina City CouncillApril 15,1996
effects of commercial lot and building lighting on the surrounding homes and properties, the effects of noise
generated due to the location of the delivery docks and the truck route to access the docks, the effects of
litter and garbage on the neighborhood property, and the effects of the Cub Foods structure built within
unobstructed sight lines of area homes. He also asked the Council to look at possible increases in crime.
Upon completion of the impact study, Mr. Ressen, asked that changes be required to the development plan
minimizing the effects of each area of concern. Mr. Ressen stated he was speaking on his personal behalf,
not representing the area residents, but felt many concur with his concerns. He presented his preferred
summarized course of action: requiring the developers and owners of the property proposed for
redevelopment, to pay each affected resident an amount to reimburse the said lost equity of their home and
property to predevelopment values into an escrow account which would be payable including any accrued
interest at the time of closing should any land owner decide to sell their property. The escrow account
should be established at an institution agreed upon by all property owners. Mr. Ressen would also like to
require a retaining wall starting at the northern comer at the edge of the paved lot at a height of about twenty
feet westerly toward the loading dock as far as possible. He would like to see the wall extend as far as the
point of the docks and again southerly to a point at least equal to the store structure itself. At that point the wall height may be allowed to decline and meld into a berm high enough so a person standing on Xerxes Avenue cannot see cars in the parking lot. From the wall on the property a slope or terraced landscape should descend to the street at Xerxes. Also, landscape plantings of adequate maturity should be planted. Heights should be no less than twelve feet and tree choice should be evergreens if possible to screen the
store structure and parking lot from Xerxes. Mr. Ressen stated he lives across the street and currently sees
three homes, but the redevelopment will place the Cub Foods store in his sight line. He requested a
commitment from both Edina and Richfield public safety for additional police patrol to prevent any increase
in crime. He also requested that curb cuts be prohibited now and forever on Xerxes Avenue, and the
developer make public any undisclosed plans. Mr. Ressen asked for a summary in writing of all
requirements before the Council’s authorization to proceed with the development was granted.
James Halvorsen, 6700 Xerxes Avenue, concurred with the previous speaker. He repeated no vehicle
entrance/exits should be allowed on Xerxes both during and after construction, and no loading docks be
situated toward Xerxes or other residential neighborhoods. Mr. Halvorsen stated Jerry‘s Enterprises has
an open sewer running from their garbage disposal to a storm sewer in the middle of the parking lot year
round. He said there is water running and always a temble odor. When the winds prevail from the
southwest in the summer, residents to the north must stand the rotten smell. Loading docks next to the
residential neighborhood place diesel trucks with their refrigeration units running during the night. Mr.
Halvorsen reported the site is currently bordered by a deteriorating fence that over the years the neighbors have had to maintain. He observed Key Cadillac employees have made Xerxes into a single lane street both
by parking and testing cars on it.
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Ken Amundson, 6733 Xerxes Avenue, stated his house is directly across from the “Proposed Rezoning”
sign. He voiced concern with primarily noise, since that the proposed store will be approximately 33% larger
than the existing store. Mr. Amundson fears this size increase will increase truck traffic proportionally. Trucks typically come in the early morning hours. The proposed route for trucks at the new store will have
any trucks waiting to be unloaded idling outside his bedroom windows at 4:30 a.m. Mr. Amundson urged
that sound baniers be required to stop the sound from carrying into the residential neighborhood. He stated
he agrees with his neighbor, Mr. Ressen’s proposal for a twenty foot wall. In addition, Mr. Amundson
expressed concem with light spilling into the neighborhood, with declining property values and urged a study
be done to ascertain the potential negative impact on the surrounding properties of the proposed redevelopment.
Gerald Coleman, 6704 Xerxes Avenue, stated he agreed with his neighbors. He added that traffic on Xerxes
has been an issue. The new store will increase traffic and Mr. Coleman asked that stops signs be installed
on Xerxes Avenue at 68th Street.
Harriet Pkllips, 6809 Xerxes Avenue, asked if the developers plan truck traffic for the east side of the
proposed store, and is construction going to take place during night time hours. She agreed with Mr.
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MinuteslEdina City CouncillApril 15, 1996
Halvorson’s complaint about the smell from the open sewer. Ms. Phillips asked if Edina had some kind of
ordinance restricting the time semi trucks could deliver to the store.
Mayor Richards asked the proponents to address the hours of construction and the proposed truck traffic
patterns for the eastern portion of the site, and the planner respond to the question regarding City Code.
Mr. Johannes responded construction would only take place during daytime hours. He stated any night time
work would be inside the store. He added they have absolutely no interest in curb cuts on Xerxes and intend
to construct barriers keeping vehicles out of the walkway and landscaped area. Mr. Shadduck confirmed
the east side of the building is the proposed truck route to the loading docks. The developers will time trucks
to arrive to eliminate any stacked semis waiting to unload. The existing facility‘s truck traffic and activity are
in the northeast comer on the Richfield side of the building. He continued the complaints with the dumpsters
will be eliminated because the redevelopment has a sealed garbage system.
Member Smith asked Mr. Shadduck to further speak to the open sewer. Mr. Shadduck replied that he
believes what is referred to is an open dumpster and not a sewer.
Planner Larsen informed Council that the only noise ordinance the City has would be the State noise
standards limiting any noise from occurring for a prolonged period.
Nancy Barr, 6620 Xerxes Avenue, agreed with the previous speakers. She asked if the developers ever
considered buying the fourth house to increase the distance between the commercial and residential areas.
Ms. Barr said she understood how development occurs but urged consideration be given to neighborhood
concerns.
Council Discussion/Action
Mayor Richards asked if any parking restrictions currently exist on Xerxes Avenue? Planner Larsen
responded he was not aware of any restrictions. Member Maetzold added he thought parking was restricted
from the west side of Xerxes. Planner Larsen will verify the status of parking on Xerxes Avenue.
Member Smith asked the present width of the parking lot stalls vs. the proposed width. Planner Larsen
stated existing parking stalls are nine feet in width and the parking stalls for the proposed redeveloped site
are 7.5 feet wide. Member Smith also asked the overall building height at the top of the entrance’s “Cub
Foods” sign and if the signs meet City Code. The proponent replied height was approximately 35 feet high.
Planner Larsen added the proposed signs meet City Code.
Member Smith emphasized his concern with the noise issue on this site. It appears screening will be dealt
with between the developers and neighbors. He said lighting was addressed by the planning staff, and
added he hopes this site does not result in a “lone” house remaining in a commercial area.
Member Maetzold voiced concern with noise, especially for Ms. Olson. Member Maetzold asked what
happens if the property owner and developer cannot agree. Planner Larsen responded the developer must
meet City Code requirements. Member Maetzold continued asking if a barrier would be required to keep
the redevelopment area separate from the Key Cadillac parking, and finally, will disabled access to the foot
path from Xerxes be available? Planner Larsen replied parking would be an operational decision up to the
developers but added the foot path, if constructed, would be required to meet ADA standards.
Member Paulus submitted while three residential homes change status, the commercial development has
existed for some time. She pointed out the redevelopment will improve the area and the project is positive.
Member Paulus also observed the developers still need to work out the issues with the neighbors.
Mayor Richards agreed the proposed redevelopment will be an improvement to the area. He added the
concerns and issues raised this evening will be defined and satisfactorily resolved by the time final approvals
are granted.
Member Smith moved approval of First Reading of Ordinance No. 850 A-6 approving the rezoning of
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MinuteslEdina Citv CouricillApril 15, .1996
the property at 6716,6720 and 6724 Xerxes Avenue, conditioned upon Final Rezoning and Amendment
of the Comprehensive .Plan as follows:
*
..
ORDINANCE NO. 850-A7
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850)
BY REZONING PROPERTY TO PLANNED COMMERCIAL DISTRICT (PCD-3)
FROM SINGLE DWELLING DISTRICT (~-1)
THE CITY COUNCIL OF’THE CITY OF EDINA, .MINNESOTA, ORDAINS:
Section 1. Subsection 850.06 of Section 850 of the Edina City Code is amended by adding the
following thereto:
“The extent of the Planned Commercial’District (PCD3) is enlarged by the addition of the following
property:
Lots 5,6 and 7, YORK TERRACE
The extent of.the Single Dwelling District (R-1) is reduced by removing the property described
above from the R-1 District.”
Section 2. This ordinance shall be in full force and effect upon its passage and publication.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
First Reading granted.
Motion seconded by Member Kelly.
I Member Smith introduced the following resolution and moved its adoption granting preliminary plat
approval replatting the property within the proposed redevelopment area conditioned upon Final Plat
Approval and Dedication of right-of-way for York Avenue:
RESOLUTION APPROVING PRELIMINARY PLAT
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Preliminary Plat as
presented at the regular Council meeting on April 15, 1996 replatting all the property within the
proposed redevelopment area is granted conditioned upon:
I. Final Plat Approval, and
2.
Motion seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
Dedication of right-of-way for York Avenue.
Member Maetzold introduced the following resolution and moved its adoption granting Final
Development Plan to Welsh Properties and Jerry’s Enterprises conditioned upon Final Rezoning and
Final Plat approval:
RESOLUTION APPROVING FINAL DEVELOPMENT PLAN
FOR THE CUB FOODSlYORKDALE REDEVELOPMENT
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development
plan for Welsh Properties and Jerry’s Enterprises Redevelopment of the Cub FoodslYorkdale
Shopping Mall on York Avenue presented at the regular meeting of the City Council on April 15,1996,
be and is hereby approved subject to:
1. Final Rezoning, and
2. Final Plat approval
Member Kelly seconded the motion.
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MinuteslEdina Citv CouncillApril 15,1996
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted
Mayor Richards urged all concerned neighbors to stay involved in the process and contact Planner Larsen
at City Hall if necessary. In addition, contact Edina City Hall with concerns about Xerxes Avenue parking.
Staff was directed to investigate the odor problem on the site and the parking issues on Xerxes.
*BID AWARDED FOR AQUATIC CENTER CHAISE LOUNGES Motion made by Member Smith and
seconded by Member Kelly for award of bid for 80 chaise lounges for the Edina Aquatic Center to
recommended low bidder, Taylor & Associates, Inc., at $9,999.20.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR 4TH OF JULY FIREWORKS DISPLAY Motion made by Member Smith and
seconded by Member Kelly for award of bid for 4th of July fireworks display to sole bidder, RES
Specialty Pyrotechnics at $7,350.00.
Motion carried on rollcall vote - five ayes.
"BID AWARDED FOR TWO DEFIBRILLATORS AND THREE YEAR SERVICE CONTRACT FOR SEVEN
DEFIBRILLATORS Motion made by Member Smith and seconded by Member Kelly for two semi-
automatic defibrillators and three year service contract for seven defibrillators to sole bidder, Physio-
Control Corporation at $13,394.64.
Motion carried on rollcall vote - five ayes.
AWARD OF BID CONTINUED TO MAY 6,1996, FOR COLD WATER METER REPLACEMENTS AND
RADIO READING DEVICES INSTALLATION Following a brief discussion regarding the cold water meter
replacements and radio reading devices purchase and installation, Council voiced concern with return of
investment, receipt of only one bid, the present value analysis and which meters are being considered for
replacement. Council consensus was for staff to complete a comprehensive report on the proposal to be
presented at the regular meeting May 6, 1996. Member Smith made a motion to continue the award of
bid for cold water meter replacements and radio reading devices installation to May 6, 1996, allowing
staff to present a comprehensive report on the proposal. Member Kelly seconded the motion.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
*RESOLUTION APPROVING SUBMISSION OF APPLICATION FOR MIGHTY DUCKS CAPITAL BONDING - FUND Member Smith introduced the following resolution and moved its approval, seconded by
Member Kelly, contingent upon approval of the May 7, 1996 approval of the $5,500,000 special park
bond referenda:
RESOLUTION
WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Capital Bonding fund,
provides for capital funds to assist political subdivisions of the State of Minnesota for the
development of sport facilities, and
WHEREAS, the City of Edina desires to renovate the Braemar West Arena primarily for safety
purposes for those who participate in girls and boys hockey, figure skating and general public
skating.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, that:
1. Estimates of renovating the Braemar West Arena are $735,000 and the City of Edina is
requesting $50,000 from the Mighty Ducks Capital Bonding Fund and will assume
responsibility for a match requirement of $50,000 contingent upon Edina residents' approval
of a $5,500,000 sDecial election bond referendum on May 7, 1996.
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MinuteslEdina City CouncillApril 15,1996
2. The City of Edina agrees to enter into necessary anb required agreements with the linnesota
Amateur Sports Commission for the specific purpose of renovating the Braemar West Arena
to ensure safety of those who participate in girls and boys hockey, figure skating and general
public skating.
That an application be made to the State of Minnesota, Minnesota Amateur Sports
Commission, to be included in the Minnesota Amateur Sports Commission’s (Governor‘s)
Capital Budget request for an amount presently estimated to be $50,000.
4. That John Keprios, Director of the Edina Park and Recreation Department is authorized and
directed to execute said application and serve as the official liaison with the Minnesota
Amateur Sports Commission.
Passed and adopted this 15th day of April, 1996, by the City Council of the City of Edina, Minnesota.
I 3.
ATTEST: Mayor
City Clerk
Motion canied on rollcall vote - five ayes.
*RESOLUTION APPROVING HENNEPIN’ COUNTY’S CONDITIONAL USE AGREEMENT FOR
ELECTRONIC GEOGRAPHICAL DATA BASE Motion made by Member Smith and seconded by Member
Kelly approving Hennepin County’s Conditional Use Agreement for electronic geographical digitized
data base:
RESOLUTION AUTHORIZING EXECUTION AND
DELIVERY OF CONDITIONAL USE AGREEMENT WITH
HENNEPIN COUNTY
BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the “City”) as follows:
Section 1. Recitals. Hennepin County (the LrCounty”) has developed a proprietary geographic
digitized data base (the “Data Base”), which the City desires to utilize. There has been prepared and
presented to the City a Conditional use Agreement (the ‘6Agreement”) between the City and County,
pursuant to which the County grants the City a limited license to use the Data Base as provided in the
Agreement and the City agrees to pay a fee for the use of the Data Base.
Section 2. Awrovals. The form of the Agreement is hereby approved, and the Mayor and City
Manager are authorized to enter into the Agreement on behalf of the City in substantially the form
presented to the Ci with such changes or modifications thereto as do not change the substance of
the Agreement and are-approved by the Mayor and City Manager, such approval to be conclusively
presumed by the execution and delivery of the Agreement by the Mayor and City Manager.
Dated: April 15,1996
.. Mayor -. ATTEST:
City Clerk ..
Motion canied on’roll&ll vote - five ayes.
*HEARING DATE SET OF MAY 6,1996 FOR UTILITY AND DRAINAGE EASEMENT VACATION ON
SCENIC VIEW 2ND ADDITION Member Smith introduced the following resolution and moved adoption,
seconded by Member Kelly:
RESOLUTION CALLING FOR PUBLIC HEARING ON
VACATION OF EASEMENT FOR UTILITY AND DRAINAGE PURPOSES
BE IT RESOLED by the City Council of the City of Edina, Hennepin County, Minnesota as follows: I .
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MinuteslEdina City CouncillApril 15, 1996
I. It is hereby found and determined after receipt of the petition of the owner of the land affected
thereby that the following described easement for utility and drainage purposes should be
considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851
and 160.29:
The N.E. quarter of the S.W. quarter of Section 32, Township 117, Range 21,
Hennepin County, Minnesota in the Scenic View Second Addition as described
in Document No. 674937 on file in the Register of Titles Office in and for
Hennepin County, Minnesota.
2. This Council shall meet at the time and place specified in the form of notice included in
paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation
shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said
hearing to be published once a week for two weeks, in the Edina Sun-Current, being the
official newspaper of the City, the first publication at least 14 days prior to the date of such
hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least
three (3) public and conspicuous places within the City, as provided in Minnesota Statutes,
Section 41 2.851. Such notice shall be substantially the following form:
NOTICE OF PUBLIC HEARING
ON VACATION OF DRAINAGE EASEMENT
IN THE CITY OF EDlNA
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota
will meet at the Edina Cii Hall, 4801 West 50th Street on May 6, 1996, at 7:OO P.M. for the purpose
of holding a public hearing on the proposed vacation of the following storm sewer easement
SCENIC VIEW SECOND ADDITION as shown on the recorded plat thereof, described as follows:
The N.E. quarter of the S.W. quarter of Section 32, Township 117, Range 21,
Hennepin County, Minnesota in the Scenic View Second Addition as described in
Document No. 674937 on file in the Register of Titles Office in and for Hennepin
County, Minnesota.
All persons who desire to be heard with respect to the question of whether or not the above
proposed easement vacation is in the public interest and should be made shall be heard at said
time and place. The Council shall consider the extent to which such proposed easement vacation
affects existing easements within the area of the proposed vacation and the extent to which the
vacation affects the authority of any person, lines, gas and sewer lines, or water pipes, mains and
hydrants on or under the area of the proposed vacation, to continue maintaining the same or to
enter upon such easement area or portion thereof vacated to maintain, repair replace, remove, or
othennrise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent
to which any or all of any such easements, and such authority to maintain and to enter upon the
area of the proposed vacation shall continue.
BY ORDER OF THE EDINA CITY COUNCIL
Debra A. Mangen
City Clerk
Motion carried on rollcall vote - five ayes.
"1996 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL #I 275 APPROVED Motion
made by Member Smith and seconded by Member Kelly approving the execution of the firefighters
1996 International Association of Firefighters Local #I 275 ( IAFF) labor contract.
Motion carried on rollcall vote - five ayes.
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MinuteslEdina City CouncillApril 15,1996
*STREET LIGHTING REQUEST AT INTERSECTION OF TRACY AND SUSAN AVENUES REFERRED TO
ENGINEERING FOR PROCESSING Motion made by Member Smith and seconded by Member Kelly
referring petition for street' lighting at the intersection of Tracy and Susan Avenues to the Engineering
Department for processing.
CLAIMS PAID Member Kelly made a motion to approve payment of the following claims as shown in
detail on the Check Register dated April IO, 1996, and consisting of 29 pages; General Fund
$193,959.24; Communications $16,463.44; Working Capital $5,74251; Art Center $3,312.25; Swimming
Pool Fund $15,993.68; Golf Course Fund $187,348.11; Ice Arena Fund $12,684.98; Gun Range Fund
$85.16; Edinboroughl Centennial Lakes $22,298.83; Utility Fund $69,918.45; Storm Sewer Utility Fund
$1,728.31; Recycling Program $40,123.74; Liquor Dispensary Fund $150,314.88; Construction Fund
$181.01; TOTAL $720,154.59; and for confirmation of payment of the following claims as shown in
detail on the Check Register dated April 9, 1996, and consisting of the two pages: General Fund
$1 13,621.68; and Liquor Dispensary Fund $1 60,924.88; TOTAL $1 60,924.88. Member Maetzold
seconded the motion.
I Motion carried on rollcall vote - five ayes.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
There being no furiher business on the Council Agenda, Mayor Richards declared the meeting adjourned
at 9:07 P.M.
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