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HomeMy WebLinkAbout19981005_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 5,1998 - 200 P.M. ROLLCALL Answering rollcall were Members Faust, Hovland, and Mayor Pro-tem Maetzold. Member Kelly entered the meeting at 715 P.M. CONSENT AGENDA ITEMS APPROVED Motion made by Member Faust and seconded by Member Hovland to approve and adopt the Consent Agenda as presented with the excepGon of Item I. Approval of Minutes of the Regular Meeting of September 22, 1998. Rollcalk Ayes: Faust, Hovland, Maetzold Motion carried. MINUTES OF REGULAR MEETING OF SEPTEMBER 22, 1998, APPROVED Member Hovland removed the Minutes of the September 22,1998, Regular Council Meeting to amend his comments. Member Hovland made a motion approving the Minutes of the Regular Meeting of September 22,1998, as amended. Member Faust seconded the motion. Ayes: Faust, Hovland, Maetzold Motion carried. PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS: ASSESSMENTS LEVIED Affidavits of Notice were presented, approved and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as recorded on the following proposed assessments: I 1. STREET IMPROVEMENT NO. BA-307. Location: WEST 66TH STREET - SOUTHDALE ROAD TO HWY 100. Analysis of assessment for Improvement No’. BA-307 showed a total construction cost of $733,391.59 proposed to be assessed against 26 assessable parcels with 4,799.13 assessable feet for 26 parcels at $20.00 per assessable foot. Engineer Hoffman noted a letter had been received from John and Luana Metill 4730 West 66th Street, the homeowner with the largest front yard footage, requesting a reduction in their assessment. Engineer Hoffman reminded the Council that historically lots are equally assessed within a neighborhood street project, but on State Aid road projects, front, side, or back yard footages are the standard. The West 66th Street project is a State Aid street, thus, assessments were calculated on property owners’ footages. Council Comment Member Faust questioned if the assessment for the dissenting homeowner were reduced would other homeowners’ assessments increase. Engineer Hoffman explained any reduction would be made up using State Aid funds and not by increasing other property owners’ assessments. Page 1 Minutes/Edina City CounciVOctober 5,1998 Mayor Pro-tem Maetzold asked if the West 66th Street assessment had been calculated in accordance with City policy. He expressed concern that making an adjustment would set precedent. Engineer Hoffman replied that in his .opinion based on the shape of the Metil's lot a 2040 foot reduction from their 196 foot frontage could be considered reasonable, but the assessment should not be reduced to 100 feet because the lot is not pie shaped. He added that it is fhe Council's discretion to set policy. Member Hovland asked if the assessed value of the property were known and why was a 20-24 foot reduction reasonable. Engineer Hoffman answered that the property was neither the highest or lowest valued property on the street. He continued stating that in looking at the configuration of the lot in question an argument could be made to support a 2040 foot reduction. Mayor Pro-tem Maetzold said if the assessment on 4730 West 66~ Street were reduced, would there be less State Aid funds to use for other City projects. Engineer Hoffman responded in the whole picture of State Aid funds, the small amount in question would not change any proposed projects. Mayor Pro-tem Maetzold asked for public comment, none was heard. Member Kelly said he did not want to set a precedent. Member Faust noted the lot appeared to be almost rectangular and she felt it does not warrant a reduction in the assessment. Member Hovland pointed out the at 4720 West 66t11 Street has a jog, but they have not asked for a reduction of their assessment. Member Hovland added he believed that in order to treat all benefited property owners fairly, no reduction should be granted. I Member Hovland moved, seconded by Member Faust approving assessment of Improvement No. BA-307, as proposed. Rollcalk Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. (Assessment levied by resolution later in Minutes) 2. STREET IMPROVEMENT NO. BA-309. Location: WEST 66m STREET BETWEEN YON< AVENUE AND FRANCE AVENUE. Analysis of assessment for Improvement No. BA-309 showed a total construction cost of $133,931.60 proposed to be assessed against 12 lots with 3,347.84 assessable feet at $40.00 per assessable feet. No public comments were heard. Motion of Member Kelly, seconded by Member Hovland approving assessment of Improvement No. BA-309 as proposed. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. (Assessment levied by resolution later in Minutes) 3. STORM SEWER IMPROVEMENT NO. STS-246. Page 2 MinutesEdina City CounciVOctober 5,1998 Location: NORMANDALE LUTHERAN CHURCH PARKING LOT TO WEST 62m STREET. -, Analysis of assessment for Improvement STS-246 showed a total assessment cost of $33,172.30; $22,125.92 assessed to Normandale Lutheran Church and $11,046.38 reimbursed from the Storm Sewer Fund for the improvement. No public comments were received. No public comments were heard. Motion of Member Hovland, seconded by Member Faust approving the assessment of Improvement No. STS-246. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. (Assessment levied by resolution later in Minutes) 4. TREE REMOVAL IMPROVEMENT NO. TR-98. Location: 5809 5120 WEST 44m STREET; 5717 YORK AVENUE; 4631 CASCO AVENUE; CREEK VALLEY ROAD; 5020 INDIANOLA AVENUE Analysis of assessment for Improvement No.TR-98 showed a total assessable cost of $4,473.60 for a total of three to five years. of 5 parcels at a total Member Faust inquired whose responsibility it is to take care of branches left hanging over properties following the years storms. Director Keprios said trimming those branches would be the City's responsibility. No public comments were heard. Motion made by Member Kelly, seconded by Member Faust approving the assessment of Improvement No. TR-98 as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. (Assessment levied by resolution later in R.linutes) 5. TREE TRIMMING IMPROVEMENT NO. TT-98. BOUNDED BY FRANCE AVENUE TO THE EAST, 54TH STREET TO THE SOUTH, HIGHWAY 100 TO THE WEST AND THE CITY LIMITS WITH THOSE BOUNDARIES - TO THE NORTH. A total of 534 trees were trimmed: 269 large trees and 265 small trees for a total cost to be assessed against the 351 parcels totaling $40,628.17 and payable in 1999. No public comments were heard. Motion made by Member Hovland and seconded by Member Faust approving assessments of Improvement No. TT-98, as presented. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. (Assessment levied by resolution later in Minutes) . 6. AQUATIC WEEDS IMPROVEMENT NO. AQ-98. Page 3 Minutes/Edina Citv CounciVOctober 5,1998 ARROWHEAD AND INDIANHEAD LAKE AND MIL,LPOND The area proposed to be assessed for said improvement is as follows: All lots riparian to Arrowhead Lake and hdianhead Lake and Millpond. Location: ARROWHEAD LAKE I Analysis of Assessment for Aquatic Weeds Improvement No. AQ-98 for Arrowhead Lake showed a total cost of $10,433.85 to be assessed against 35 parcels at $296.61 per parcel. One year assessment payable in 1998. No public comments were heard. Motion made by Member Kelly, seconded by Member Faust approving the assessment of Improvement No. AQ-98, Arrowhead Lake. Rollcall Ayes: Faust, Hovland, Kelly, Maetzold. Motion carried. (Assessment levied by resolution later in Minutes) Location: INDIANHEAD LAKE Analysis of Assessment for Aquatic Weeds Improvement No. AQ-98 for Indianhead Lake showed a total cost of $8,750.28 proposed to be assessed against 33 homes at $263.66 per home. One year assessment payable in 1998. Member Faust asked for more information on the dyes used in Indianhead Lake, and why dyes are not used on all the treated lakes. Acting City ,Manager Hughes said the dye put in the lake prevents the sun from reaching root plants thereby retarding growth. The association of Indianhead Lake prefers using the dye process. I Member Hovland inquired what the county charge is that is added to the assessment per parcel. Acting City Manager Hughes said the charge is included on all assessments and is a processing fee for putting the assessment on the tax role. No public comments were heard. Motion made by Member Faust and seconded by Member KeIIy approving the assessment of Improvement No. AQ-98, Indianhead Lake. * Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. (Assessment levied by resolution later in Minutes) Location: MILLPOND Analysis of Assessment for Aquatic Weeds Improvement No. AQ-98 for Millpond showed a total cost of $9,053.10 proposed to be assessed against 63 homes at $142.20 per home. One year assessment payable in 1998. I Public Comment Cindy Olsen, 4808 Sunnyslope Road, asked if the three vacant lots across from Millpond are being assessed. Acting City Manager Hughes said City policy is to assess all lots on Millpond plus lots having an unobstructed view of Millpond. Page 4 MinutesBdina City Council/October 5,1998 Motion made by Member Faust and seconded by Member Hovland approving the assessment of Improvement No. AQ-98, Millpond. Rollcalk Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. (Assessment levied by resolution later in Minutes) 7. MAINTENANCE IMPROVEMENT NO. M-98. Location: 50m STREET AND FRANCE AVENUE BUSINESS DISTRICT. Analysis of Assessment for Maintenance Improvement No. M-98 showed a total maintenance cost of $83,966.28 against 324,294 assessable square feet at $0.2588 per square foot. One year assessment payable in 1999. No oral or written objections were heard. Member Faust asked if tax increment financing funds be used for fixing up the area rather than maintenance. Engineer Hoffrnh said the assessment is mainly used for maintenance. Member Hovland said the parking ramp stairwells are trashy. Engineer Hoffman said he has directed staff to monitor and clean the area. Motion made by Member Hovland and seconded by Member Faust approving the assessment of Improvement No. M-98 as presented. Rollcalk Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. (Assessment levied by resolution later in Minutes) The proposed assessment rolls are now on file in the office of the City Clerk and are open to public inspection. Following presentation of the analysis of assessments and approval, Member Hovland introduced the following resolution and moved adoption: RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS AND PROJECTS WHEREAS, pursuant to proper notice duly given as required by law, the Edina City Council has met and heard and passed upon all written and oral objections to the proposed assessments for the improvements listed below: Street Improvement No. BA-307 Street Improvement No. BA-309 Storm Sewer Improvement No. STS-246 Tree Removal Improvement No. TR-98 Tree Trimming Improvement No. "-98 Aquatic Weeds Improvement No. AQ-98 Maintenance Improvement No. 11/9-98 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Each assessment as set forth in the assessment rolls on file in the office of the City Clerk for each aforementioned improvement is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it. a. Page 5 Minutes/Edina Citv Council/October 5,1998 2. The assessments shall be payable in equal installments, the first of said installments, together with interest at a rate of seven and one half percent per annum, on the entire assessment from the date hereof to December 31,1999, to be payable with the general taxes for the year 1999. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. The number of such annual installments shall be as follows: NAME OF IMPROVEMENT Street Improvement No. BA-307, Levy No.14401 Street Improvement No. BA-309, Levy No. 14402 Storm Sewer Improvement No. STS-246,-Levy No. 14400 Tree Removal Improvement No. TR-98, Levy No. 14397 Tree Removal Improvement No. TR-98, Levy No. 14398 Tree Trimming Improvement No. 'IT-98, Levy No. 14394 Aquatic Weeds Improvement No. AQ-98, Levy No. 14396 Maintenance Improvement No. M-98, Levy No. 14391 3. NO. OF INSTALLMENTS 10 years 10 years 10 years 3 years 5 years 1 year 1 year 1 year The owner of any property so assessed may, at any time prior to certification of assessment to the County Auditor, pay the whoIe of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution and they may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Motion for adoption of the resolution seconded by Member Faust. 4. Adopted this 5th day of October, 1998. Rollcalk Ayes: Faust, Hovland, Kelly, Maetzold Resolution adopted. FINAL DEVELOPMENT PLAN APPROVED 5101 EDINA INDUSTRIAL BOULEVARD JEDINA 66 PROPERTIES/LANG EDINA LTD) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen informed Council the subject site is a gas station/auto-service center located southwest of the Edina Industrial Boulevard and State Trunk Highway 100 (Normandale Boulevard) intersection. Kevin Lang, the property owner is requesting Final Development Plan approval to redevelop the site. The existing improvements consist of a one-story brick building that provides three auto-service bays and four gasoline pup islands covered over with a canopy. I Planner Larsen noted Mr. Lang's plan is to remove all existing improvements to the site and replace them with a 5,100 square foot one-story convenience store, a 3,840 square foot car wash and a six gas pump island with a canopy. The car wash would be in a separate bdding located west of the convenience store. The site will not contain auto-service bays so car repair and maintenance would not be occupying space on the site. Page 6 Minutesfidina Citv CounciVOctober 5,1998 Planner Larsen explained the plan conforms to all Ordinance requirements with the exception of the number of stacking spaces required for a free standing car wash. Requirements for a freestanding car wash are a minimum of 25 spaces per wash bay. The proposed requirements for an accessory car wash are two spaces per bay. Planner Larsen noted that although the proposed car wash is a free standing separate building, it is still an accessory use to the convenience gas station principal use. A stand alone car wash building allows for the separation of uses and traffic patterns and keeps the stacking lane for the car wash out of conflict with the drive aisles. The plan provides for parking that exceeds Code requirements for gas stations with retail use. By rearranging the curb cuts, the redevelopment improves access the site and reduces the possibility of conflicting with traffic along Edina Industrial Boulevard and the frontage road. The curb cut relocations reflect suggestions made by the Engineering Department to move them away from the intersection and provide an "exit only" curb cut onto Edina Industrial Boulevard. Planner Larsen added the proposed exterior materials conform to all Ordinance requirements. He concluded stating the Planning Commission recommends approval of the Final Development Plan subject to 1) Curb-cut permits being granted and 2) acquisition of a Watershed District Grading Permit. Council comment Member Faust asked about the new locations of the curb cuts in the plan. Planner Larsen explained the new curb cut locations on the east side of the site has been moved as far as possible to the south allowing a left turn out. The easterly cut on the north side will be moved to the west and become a right out only. The westerly cut would be a two-way in and out cut. Member Faust asked who would pay for rebuilding the street. Engineer Hoffman replied the State and the City share the cost of the rebuild. Planner Larsen noted the proponent will pay for the curb cut changes on the site. Member Hovland noted the statement in the Planning Minutes about the site possibly being contaminated and asked about the possibility of contamination. Proponent Comment Kevin Lang, 615 Orchard Park Road, owner of the Edina 66 property, explained that Pier Environmental did the site testing for possible contamination and filed their report with the State. Mr. Lang added that the State will be present when the tanks are removed and they will supervise the process. Mayor Pro-tem Maetzold expressed concern that the proposed traffic island may interfere with left turns into the site. Engineer Hoffman noted it is probably tighter to go out of the driveway than to take a left turn into the site because traffic will be entering at an angle. Staff will monitor the island during the reconstruction and if necessary adjust the island. Member Hovland introduced the following resolution and moved its approval grating Final Development Plan approval subject to: 1) issuance of curb cut permits and 2) granting of watershed district grading permits. RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for 5101 Edina Industrial Boulevard, Edina 66 Propertieshang Edina LTD on October 5,1998, be and is hereby approved. Member Faust seconded the motion. Page Y PuIinutes/Edina CiW CounciVOctober 5,1998 Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. FINAL DEVELOPMENT PLAN FOR 7103 AMUNDSON AVENUE (GEORGE KOSMIDES) CONTINUED TO OCTOBER 19, 1998 Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen informed the Council the subject property is Zoned PID, Planned Industrid District, and is located at 7103 Amundson Avenue. The site is developed with an office- warehouse building with a floor area of 51,168 square feet. Total site area is 149,000 or 3.4 acres and is bounded by commercial uses to the north, industrial uses to the south, and residential uses to the west. The proponent is seeking Final Development Plan approval allowing construction of a second building to be located in an open area south of Amundson. The proposed building is 13,688 square feet in floor area and is suggested as an office building. Office use is a permitted use in the PID district. Planner Larsen added the proponent has revised the plan since the Planning Commission meeting so it no longer needs a setback variance from Cahill. He stated the proposed plan conforms to Zoning Ordinance requirements for: minimum building area; maximum bdding area; maximum FAR; bdding height, and exterior finish material. The proposal requests the following variances: 1. Parking setback from public street. (20 feet is required, 10 feet is provided on the north side) 2. Landscaping. (The proposed plan meets requirements if only the new building were considered. The Ordinance requires the entire site meet requirements or be granted a variance.) Planner Larsen noted the proponent presented a similar plan to the Council in 1990 which was denied. The new plan offers improvements in that the building is smaller; and the parking lot layout has been improved. If this were a.stand-alone development, a parking variance would be required. However, in this case, additional parking is available on-site making the total site conform to Ordinance requirement. Planner Larsen reported the Planning Commission recommended approval of the plan conditioned upon: elimination of the Cahill Road setback variance, issuance of a watershed district grading and water quality permit, and submission of landscaping and parking plans that are in compliance with Ordinance requirements. He added that the plan Council is seeing has been revised to eliminate the Cahill Road variance. council comment Member Faust asked if the building could be moved closer to the lot line so a variance would not be required in the front. Planner Larsen answered that option was discussed and upon review he believed there would not be enough room for adequate landscaping between this site and the site to the north, so a variance would still be required from the south rather than the north. Member Faust asked clarification on variance requirements. Planner Larsen said presently the proposed plan is at the minimum on the south now and moving the building south would require a variance. Member Faust asked what the hardship would be to grant this variance. Planner Larsen replied the shape of the property at nearly 3.5 acres, but lacks depth and the arrangement and road configuration in the area would create a hardship. . Page8 MinutesBdina CiW CounciVOctober 5, I998 Member Hovland asked clarification on the Planning Commission minutes of September 2,1998, “...building is 13,688 square feet in floor area, and is suggested as an office building.” Planner Larsen noted the site was looked at the site as 100% office and evaluated the parking in that way. If it was proposed as 80% office and 20% warehouse, parking would be less. Staff wanted to look at this in a conservative fashion which is as office use. Member Hovland asked if the plan is approved would the proponents be bound by elevations on the site. Planner Larsen said the proponents are bound by the plan as presented with minor modifications. If major changes were suggested, staff would need to look at building use, whether parking spaces comply, if &e building conforms to what was approved by the Council previously, and if the landscaping plan would provide adequate screening regardless of building use. Any change in the building’s look would require approval by the Council. Member Hovland inquired if staff was satisfied with the amount of buffering as presented. Planner Larsen said the Planning Cornmission recommended staff review the landscaping prior to issuing a building permit for rebuild of the site. Member Hovland asked if all aesthetic requirements are met along Cahill Road. Planner Larsen said he is satisfied. Member Hovland asked when looking at the property as a whole if staff was concerned with parking demand. Planner Larsen noted that parking need was determined based upon proposed use of the site. I Member Kelly asked if the building were used for an industrial warehouse, would any variances be needed. Planner Larsen replied parking demand would go down if the proposed use were industrial instead of office. However, a parking setback would still be required along Amundson, whatever the proposed use of the building. Member Kelly said he would prefer office use to warehouse use, but he is reluctant to grant a variance for new construction. He asked if the building were used for industrial instead of office would the Amundson Street parking setback variance be lessened. Planner Larsen said if this proposed office building were converted to a warehouse use, parking demand is si@cantly reduced. If the row of parking along Amundson is eliminated would a variance not be required. Looking 20 years down the line and a request comes forward to change the building use from warehouse to office, he would prefer to leave the parking in the plan. He elaborated that it handles the use that is most likely for the site and in his opinion the amount of space between the building and Amundson is more than adequate to locate a landscaping buffer. Planner Larsen said this is the most logical use of the property as well as insure some long-term assurances that it will stay as planned. Member Faust asked if the original building were to change to an office use, would all the parking spaces be needed. Planner Larsen said if a building permit request comes in requesting 20% office and 80% warehouse, the permit would need to be denied if adequate parking cannot be provided. Member Faust commented there would not be adequate parking on the site if both buildings were changed into office use. Planner Earsen emphasized it is better to assume the site will be for office use and get as much parking on site as possible. He explained, by adding an office building to the site, the ability to convert the existing building from warehouse to office is reduced. Member Faust inquired if a drive aisle could be put behind the building. Planner Larsen said they would need a variance. Mayor Pro-tern Maetzold said in the Planning Commission minutes a question was asked whether to subdivide the property. Planner Larsen said that is not part of the proposal, however if the proponent were to request subdivision of the site, the City would require cross-easements for parking purposes. Mayor Pro-tem Maetzold indicated he had walked the site and found it contained a lot of junk and appears blighted. He asked if exterior storage is allowed because he Page 9 I Minutes/Edina CiW Council/October 5,1998 noted the Planning Commission motion recommends the site be cleaned up as part of the approval process. Public Comment Bob Ewald, 7096 Cahill Road, representing himself and the Townhome Association for 7032-7096 Cahill Road. Mr. Ewald stated this is an unique area because of the industrial use adjacent to the residential use. He said the area has enough blight with Jerry’s. Mr. Ewald would like to see the existing building turned into office. However, traffic is a concern and two new office buildings will add substantially to the existing traffic problems. Mr. Ewald also asked how tall the proposed building is planned. Proponent Comment George Kosmides, 7009 Lee Valley Circle, stated he is the eighteen year owner of the original entire complex including the ugly metal building. Mr. Kosmides said in his opinion the proposed building is a remarkable improvement to the area. Mayor Pro-tem Maetzold asked Mr. Kosmides about the conduit stored on the subject property. Mr. Kosmides replied that he is also the owner of Olympic Electric and since the City owns the adjacent property and uses it for storage of junk, he has allowed his property to be used as temporary storage of electric services and conduit. Nick Speredies, Architect of the proposed building, noted the proposed building is one story. He stated traffic should improve because there is no access to Cahill Road. The only site access is off Amundson Avenue. Mr. Speredies added the grade on the south side of the site drops off four- five feet so pushing the building further south becomes problematic. I Member Faust stated she objects to any variances for new construction. She added she believes the building should be moved ten feet back and if necessary receive a variance from the rear lot setback. Member Hovland stated he did not share Member Faust’s same concerns. He can understand a hardship exists because of the lot shape and would be willing to grant a ten foot variance from Amundson Avenue. Member Hovland said he felt the Cahill Road setback should be maintained. He asked staff to ensure that the lighting plan contains downcast lighting. Planner Larsen replied the lighting plan will be reviewed before any building permit is issued. 1 Member Kelly said is a tough issue. He agreed with Mr. Ewald’s concerns and disagreed with Member Hovland that the configuration of the parcel constitutes a hardship. While he likes the proposal and would like to see an office building on this site Member Kelly stated he could not approve the variance on this site for new construction. Mayor Pro-tem Maetzold stated he agreed with Member Hovland. Because there was an obvious two-two vote Mayor Pro-tem Maetzold suggested the item be continued to October 19,1998 and advised the proponent to attempt relocating the building further south. Member Faust moved to continue consideration of the Final Development Plan for 7103 Amundson Avenue, George Kosmides proponent until October 19, 1998. Member Kelly seconded the motion. Rollcalk Page 10 MinutesBdina Citv CounciVOctober 5,1998 Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. I ORDINANCE NO. 1998-7 ADOPTED - AN ORDINANCE AMENDING SECTION 850 ALLOWING ”DRY CLEANING” ESTABLISHMENTS AND “LAUNDRIES” IN PLANNED INDUSTRIAL DISTRICT Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen explained the issue has been brought by Waldorf-Nevens acquisition of 7079 Amundson Avenue. The site is intended to serve as their central cleaning plant, processing laundry from the company’s five retail outlets. In addition to the processing plant, the owners wish to provide retail laundry service from the facility. Planner Larsen noted that while the Waldorf-Nevens request prompted this discussion the issue affects the entire city. Presently, in the Planned Industrial Zoning District (PID), the processing of laundry is allowed, but no retail service in permitted. Dry cleaning establishments and laundries are allowed in the PCD-1, 2, and 3 districts. An example of this type of facility in a commercial district would be Edina Cleaners at Sunnyside and France. Planner Larsen concluded that in Staff‘s opinion the proposed use is seems better suited to an industrial district rather than a commercial district. Member Faust welcomed the Waldorf-Nevens organization to Edina, stating her belief that this is a service to the citizens to have Waldorf-Nevens located in Edina. Acting City Manager Hughes requested the Council consider waiving second reading of this ordinance due to the nature of the request. Member Kelly introduced the following ordinance, moved granting first reading and waiving the second reading: ORDINANCE NO. 1998-7 AN ORDINANCE AMENDING SECTION 850 OF THE CITY CODE TO PERMIT DRY CLEANING ESTABLISHMENTS AND LAUNDRIES IN THE PLANNED INDUSTRIAL DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Paragraph J as follows: Section 1. Subd. 1 of Subsection 850.17 of the City Code is amended by adding a new J. Dry cleaning establishments and laundries. Section 2. This ordinance is in full force and effect upon passage and publication. Adopted this Day ofSth day of October, 1998. /- I. Attest Ayes: Faust, Hovland, Kelly, Maetzold Ordinance adopted. Page 11 Minutes/Edina Ciw CounciVOctober 5,1998 Attest I *HEARING DATE OF OCTOBER 19,1998, SET FOR PRELIMINARY PLAT - PARKLAWN MEDICAL RLS, (7450 FRANCE AVENUE SOUTH1 Member Faust made a motion seconded by Member Hovland setting a hearing date of October 19, 1998, for Preliminary Plat for Parklawn Medical RLS, 7450 France Avenue South. Motion carried on rollcall vote - three ayes, ORDINANCE NO. 1998-6 ADOPTED - AN ORDINANCE AMENDING EDINA CODE SECTION 1035, DEFINING NUISANCES Sanitarian Velde reported at the September 22,1998, Council meeting, Ordinance No. 1998-6 received first reading. One question remained whether the amendment should include a reference to intentional regarding the causing, maintaining or permitting of a nuisance as defined in Code Section 1035. Upon further review and consultation with Prosecuting Halberg and City Attorney Gilligan, staff recommended adoption of the Ordinance as originally drafted. Language, as presented is modeled after Minnesota Statute 609.74 addressing public nuisances. Concern with application of this ordinance with someone mentally ill, would be no different than applying any other statute or ordinance to a person who is mentally ill. If: a person is believed to be mentally ill, a Rule 20 mental illness evaluation would be ordered by the Court. If this evaluation finds the person mentally ill and does not understand the charge, the Court may dismiss the charge. At that point, we would rely on other civil remedies such as court ordered abatement to correct the violation. I Following a brief Council discussion, Member Hovland introduced the following Ordinance and moved its adoption: Edina Ordinance No. 1998 - 6 AN ORDINANCE AMENDING CITY CODE SECTION 1035 BY ADDING A NEW SECTION 1035.04 Minutes/Edina Citv CounciVOctober 5,1998 Motion carried on rollcall vote - three ayes. ,I "AWARD OF BID CONTINUED TO OCTOBER 19, 1998 FOR SIDEWALK SUCTION SWEEPER - PUBLIC WORKS Motion made by Member Faust and seconded by Member Hovland to continue the award of bid for a sidewalk suction sweeper for Public Works to October 19,1998. I Motion carried on rollcall vote - three ayes. "BID AWARDED FOR 1999 PARK AND RECREATION DEPARTMENT ACTIVITIES DIRECTORY Motion made by Member Faust and seconded by Member Hovland for award of bid for the 1999 Park and Recreation Department Activities Directory to recommended low bidder, Meyers Printing at $17,000.00. Motion carried on rollcall vote - three ayes. "BID AWARDED FOR DIGITAL COPIE.R/NETWORK LASER PRINTER - POLICE DEPARTMENT Motion made by Member Faust and seconded by Member Hovland for one digital copier/network laser printer to sole bidder, Xerox Corporation under State Contract No. 400275 at $22,929.45. Motion carried on rollcall vote - three ayes. "BID AWARDED FOR SALT PURCHASE FOR WINTER SEASON 1998-1999 Motion made by Member Faust and seconded by Member Hovland for award of bid for salt purchase for winter season 1998-1999, to sole bidder, IMC Salt, under State Contract S803, at $26.07 per ton. Motion carried on rollcall vote - three ayes. "BID AWARDED FOR 15,000 LB. GVW CAB AND CHASSIS TRUCK Motion made by Member Faust and seconded by Member Hovland for award of bid for one 15,000 lb. GVW cab and chassis truck to sole bidder, Falls automotive under State Contract T636, at $20,458.00. Motion carried on rollcall vote - three ayes. "BID AWARDED FOR PHOSPHATE FEED EQUIPMENT AND CHEMICAL SUPPLIES Motion made by Member Faust seconded by Member Hovland for award of bid for phosphate feed equipment and chemical supplies to recommended low bidder, Hawkins Water Treatment Group at $10,893.82 base bid and $7.48/gallon for chemicals for use between October 15,1998 and April 1,1999. Motion carried on rollcall vote - three ayes. "ELECTION TUDGES APPOINTED FOR STATE GENERAL ELECTION Motion made by for the State General Election as on file in the office of the City Clerk. a Member Faust and seconded by Member Hovland approving appointment of election judges Motion carried on rollcall vote - three ayes. HIGHWAY NOISE ABATEMENT OUTLINE PRESENTED Engineer Hoffman explained staff is providing a schedule and scope of services to be performed for the proposed local initiative dealing with highway noise and abatement. The proposed study would include the following steps: 1. Staff to meet with Mn/DOT and consultant to define activities, determine a schedule, establish neighborhood advisory committees, determine width and length of study areas and mail out general notice of program. Page 13 Minutes/Edina City Council/October 5,1998 2. Meet with three (3) Neighborhood Advisory Committees (TH 100, Crosstown 62, and TH 169) to discuss issues, concerns and expectations. 3. Formulate and conduct survey of households in neighborhood study areas to assess issues, concerns and expectations of residents. 4. Supplement existing Mn/DOT study by additional monitoring of noise levels at selected location based on topography, existing fencing, landscaping and home locations. 5. use existing traffic flow volumes from Mn/DOT and City records, and. If necessary, conduct some road tube counts on local streets, 6. Meet with Neighborhood Advisory Committees to discuss data collected and review next steps with committees. 7. Research new noise abatement materials and methods along with current technology to limit noise intrusion. 8. Use a combination of traditional noise abatement techniques along with screening te&ques to develop mitigation strategies in cooperation with Mn/DOT. 9. Meet with Neighborhood Advisory Committees to discuss research and mitigation techniques with Mn/DOT representatives in attendance. 10. Investigate alternative financing strategies and timing implications. 11.Meet with state and metropolitan agencies to discuss study results and 12. Meet with Neighborhood Advisory Committees to discuss implementation 13. Prepare draft report for review with Neighborhood Advisory Committees. 14. Make presentation to City Council and then finalize report. I implementation proposal. alternatives and develop recommendations. This process is likely to take a minimum of host a year if Mn/DOT concurs with our outlined strategies. The preliminary cost to do tlus work would be approxinzately $25,000 and $40,000 for consulting fees and modeling, etc. $20,000 remains in the 1998 Engineering budget He suggested beginning the process in November. Member Kelly made a motion adopting the Highway Noise.Abatement Outline and directing staff to go forward as outlhed. Member Hovland seconded the motion. Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. *RESOLUTION ADOPTED FOR REIMBURSEMENT OF SANITARY SEWER AND STORM SEWER IMPROVEMENT PAID OUT OF BOND PROCEEDS Member Faust infxoduced the following resolution, seconded by Member Hovland RESOLUTION RELATING TO FINANCING OF SANITARY SEWER AND STORM SEWER IMPROVEMENTS: ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City"), as 1. Recitals. (a) The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the "Regulations") Page 14 follows: I . ,,.., . .. MinutesBdina Citv CounciVOctober 5,1998 require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if reimbursement bond issue qualifies for the "small issuer" exception from the arbitrage.rebate requirement) after the later of (i) the date the expenditure is paid or, (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the "small issuer" exception from the arbitrage rebate requirement) in no event more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. (b) The City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified. 2. Official Intent Declaration. (a) The City proposes to undertake certain projects (the "Projects"), consisting of improvements to the City's sanitary sewer and storm sewer utilities, which improvements and the estimated costs thereof are generally described on Exhibit A hereto, which is hereby incorporated herein and made a part hereof. (b) Other than (i) expenditures to be paid. or reimbursed from sources other than the Bonds (as hereinafter defined), (ii) expenditures permitted to be reimbursed under the transitional provision contained in Section 1.150-2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f) (2) of the Regulations, or (iv) expenditures in a "de minimus" amount (as defined in Section 1.150-2(f)(l) of the Regulations), no expenditures for the Projects have heretofore been paid by the City and no expenditures will be paid by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the expenditures made for costs of the Projects out of the proceeds of debt tot be issued in one or more series in an estimated maximum aggregate principal amount of $4,000,000 (the "Bonds") after the date of payment of all or a portion of the costs of the Projects. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. 3. Budgetary - Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Projects, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make -prior payment of the costs of the Projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Projects and shall specifically identify the actual original expenditure being reimbursed. I I Adopted this 5th day of October, 1998. Motion carried on rollcall vote - three ayes. *RESOLUTION ADOPTED AUTHORIZING ACCEPTANCE OF SAFE AND SOBER GRANT Member Faust introduced the following resolution, seconded by Member Hovland I Page 15 MinutesEdha Citv CounciVOctober 5,1998 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WHEREAS, it is resolved that the Edina Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE AND SOBER COMMUNITIES during the period from October I, 1998 through September 30,1999. WHEREAS, William Bernhjelm, Chief of the Edina Police Department is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the Edina Police Department. I Motion carried on rollcall vote - three ayes. *APPOINTMENTS MADE TO EDINA FOUNDATION Motion made by Member Faust and seconded by Member Hovland appointing Fred Richards and James Hovland, Council appointees for terms to June 30,2001 to the Edina Foundation Board. Motion carried on rollcall vote - three ayes. FORMER FINANCE DIRECTOR’S DEATH NOTED Mayor Pro-tem Maetzold noted the death of Jerry Dalen, who served the City of Edina for 30 years as Finance Director. CLAIMS PAID Member Faust made a motion to approve payment of the following claims as shown in detail on the Check Register dated September 30,1998, and consisting of 36 pages: General Fund $452,359.87; C.D.B.G. $2,746.00; Communications $1,504.90; Working Capital $16,104.75; Art Center $37,180.08; Golf Dome Fund $3,123.39; Swimming Pool Fund $4,687.51; Golf Course Fund $30,426.10; Ice Arena Fund $19,561.85; Edinborough/ Centennial Lakes $25,613.00; Utility Fund $348,273.30; Storm Sewer Utility Fund $12,435.12; Liquor Dispensary Fund $191,248.29; Construction Fund $5,769.73; Park Bond Fund $150,413.77; 1-494 Commission $5,000.00; TOTAL: $1,306,447.66. Member Hovland seconded the motion. Rollcalk Ayes: Faust, Hovland, Kelly, Maetzold Motion carried. There being no further business on the Council Agenda, Mayor Pro-tem Maetzold declared the meeting adjourned at 8:45 P.M. Page 16