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Home My WebLink About19780417_regularMINUTES OF TIlE lU3GULAR MEETING OF THE EDZNR CITY COUNCIL HELD AT CITY HALL APRIL 17, 1978 135 ;ss;:~ri~g r-llca.lj. were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg- MINUTES of Narch 20, 1978, were approved as presented by motion of Councilman' Shaw, seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg .. Nays: None Motion carried. VOLUNTEER WEEK PROCLAMATTON ISSUED. lowing proclamation: WHEREAS, Edina volunteers are a vital resource in solving some of the human pro- blems that are a consequence of our complex society; and WHEREAS, volunteers, to their demonstrated concern and ccmmitment to the well- being of others, prove assurance for the continuing high quality of life in the City of Edina; and WHEREAS, a large percent of Edina citizens volunteer in some capacity and repre- sent all ages , economics, education and ethnic backgrounds; and. . WHEREAS, volunteering provides opportunities for personal growth, career explora- tion and civic contribution for every citizen; and . WHEREAS, recognition should be given to individual volunteers for their contri- butions to the health, education, welfare, recreation and cultural services to the City of Edina and in neighboring communities; NOW, THEREFORE, I, James Van Va1kenburg;Mayor of the City of Edina, 'commend the . volunteers of the City of Edina for their dedication and service, seek the expan- sion and. increased effectiveness of programs in which volunteers are active, urge the involvement of volunteers, wherever appropriate, in local government, private non-profit agencies and other private organizations, and do hereby proclaim the week of April 16 to April 22, 1978, as VOLUNTEER RECOGNITION WEEK IN EDINA and express appreciation, on behalf of all citizens of Edina, for those selfless efforts and resources exp'ended by Edina's many volunteers. The Mayor then presented Certificates of Awards for the following: Nrs. Birdie Ragley, President of Edina Special Children's Group, Mrs. Sue Bonoff, Operation CHarlie, Mr. Bill Brellenthen, President of Ediila Hockey Association, Mr. Bob Burley, President of EdinF Baseball Association, Mrs. Betty Cater, Braemar City or' Lakes Skating Club Prqsident, Mr. Richard Cheng, President of Edina Soccer Association, Mrs. Jean Ferguson, Edina Girl's Softball Association President, Mr. and Mrs. Hal Liljenquist, Co-Presidents of Leisure Time Committee of Edina Special Children's Group, Mrs. Corky Neuman, President of Edina Girls Athletic Association, Dr. and Mrs. Donald Richards, Co-Presidents of Edina Gymnastics Association Par- ent's Club, Mrs. Jane Rotman, President of Edina Swim Club, Mr. David Taft, Presi- dent of Edina Football Association and Mr. David Weiss, President of Edina Basket- ball Association. Mayor Van Valkenburg issued following the fol- ' PROCLAMATION GIRL SCOUT TROOP 457 INTRODUCED. The Mayor introduced Girl Scout Troop 457 from Countryside School. The girls were welcomed by the Mayor and Council. RESPECT FOR LAW WEEK PROCLAMATION ISSUED. proclamation: Mayor Van Valkenburg issued the follow- PROCLAMATIOI? KESPECT FOR LAW WEEK WHEREAS, crime and its effect upon the lives and property of our citizens continue undiminished, despite efforts by government, citizens' organizations and many individuals; and WEREAS, the problems of crime touch and affect all segments of our society, under- mining and eroding the moral and economic strength of our communities and their citizens ; and WHEREAS, there is still a reluctance on the part of many citizens to involve them- selves in actions to insure the protection, rights and' well being of 'their fellow citizens; and WHEREAS, Optimist clubs and their members continue to sponsor and support programs aimed at combatting crime and disrespect for law through year-round efforts; NOW, THEREFORE, EE IT RESOLVED that I, Janies Van Valkenburg, Mayor of the City of Edina, do proclaim the week of May 1-7, 1978, as RESPECT FOR LAW WEEK and ask all citizens of the City of Edina to join with the Optimists in carrying the message of respect for law to other citizens, and by example, exercise responsible citizenship. - $36 4/ 1.7178. ORDINANCE NO. 811-1\115 GRAN'L'ED FIRST READING. by Clerk, approved as tokorm and ordered placed on file. Mr. Hughes presented *Ordinance No. 811-11115 for First Reading, which ordinance revises requirements in ~e TlzziieS Rzsi,kn$izl sfstrict. 1% c-,-,lc~nc~? thnt: .;rsp=.cc:! zrdfzszc= 7:ould provide-a means of establishing a base density*and adding bonus density points based on various criteria which would include preservation of natural slopes, preservation of flood plains, enclosed parking stalls contained within or comp- letely within or completely under the principal structure or otherwise completely underground, preservation of a 100 foot wide undisturbed open space from all face coverage which would not exceed 252 of the site area, limitation of lot coverage of all principal and accessory structures to exceed no more than 10% of the site area. tion and development characteristics which would be credited with an allowance of 1.0 dwelling units per acre per category, requirements on setbacks, yards, heights and site development, minimum number of parking spaces required, build- ing and parking design and construction and open space requirements. advised that, under the proposed ordinance, the average density would be & to 9% dwelling units per acre, rather than the 12 dwelling units per acre permitted under the existing ordinance. Following general questions by Council; Council- woinan Schmidt offered the following ordinance for First Reading, with the under- standing that clarifications be made before the ordinance comes back for Second Reading on May 1, 1975: Affidavits of Notice were presented * "1- . natural lakes, ponds, or type 3, 4 or 5 wetlands, limitation of total hard sur- I - Included also in the ordinance were criteria for site preserva- Mr. Hughes ORDINANCE NO. 811-All5 AN ORDINANCE MENDING THE ZONING ORDINANCE (NO. 811) BY fiENDING THE PLANNED RESIDENTIAL DISTRICT AND ADOPTING A RESIDENTIAL DENSITY FORMULA TIIE CITY COUNCIL OF THE CITY OF EDINA, MIh%ESOTA, ORDAINS: Section 1. Section 5 (Planned Residential District) of Ordinance No. 811 (The Zoriing Ordinance) is hereby amended to read: 1. Purpose. The City of Edina hereby finds the following: I. (a) aging creativity, imagination, variation, and flexibility in the development of residential areas. (b) parts of the City of Edina (the "Plans") and in the adoption of the Planned Residential District portions of this Ordinance, a range of densities for residential development was, or may be prescribed, but such a range was to allow flexibility as well as to set forth maxi- mum densities and it was not intended that all residential develop- ments be developed at the maximum density. the planned development concept is a desirable means of encour- .. in the adoption and amendment of comprehensive plans for all or 1 I (c) development of all residential areas at the maximum density would: - (i) City; (ii) (iii) detract from the low density residential character of the contribute to identified traffic problems in the City; create increasing environmental problems and demands upon wetlands, woodlands, steep slopes, and other resources, which problems and demands have the effect of despoiling, polluting, eliminating or adversely altering such resources, but which, if preserved and maintained, constitute import- ant physical, aesthetic, and economic assets for existing and future residents; unduly increase the demand on all public services includ- ing the parkland recreation facilities, potable water, sani- tary sewer, storm sewer, streets, and police and fire pro- -tection facilities. (iv) 2. Objectives. The objectives of this ordinance are: (a) density for planned residential developments; (b) dential developments and the existing low density residential char- acter of the City; (c) amenities within residential areas; (d) .with respect to building and site design, construction, and building materials; (e) regulate residential densities to-prevent overcrowding of sites; (f) tunities and a suitable mixture of housing types. to establish a procedure for calculating the maximum allowable to provide and maintain a proper relationship between new resi- to promote, preserv.e, and enhance the natural reiources and siee to promote and encourage high quality residential developments to provide adequate open space within residential projects and to encourage a variety of living environments, housing oppor- 4/17/78 .. 4. 5. 6. - 7. 8.' 13w i Subdistricts. The Planned Residential District shall be diverted into subdistricts designated as PRD-1, PRD-2, PRD-3, PllD-4 and PRD-5. 1 iw-i is proposed t~ cioseiy approximate single famiiy deveiopnierita in terms of the total number of dwelling units. to only slightly exceed single family development densities. PRD-4 and PRD-5, subdistricts approximate townhouse and apartment densities. Requirements for tKe Establishment of Planned Residential Districts. Before a petition or application for'Planned Residential District zon- ing may be acted upon, the following conditions must be met: (a) for PRU-1 zoning, nor less than five acres for PKD-2 zoning, nor less than one acre for PKD-3, PRD-4 and PRD-5. (b) owner or group of owners and shall be capable of being planned and developed as one integral ynit. (c) graph 12 of this Section 5. dwelling unit to be so set aside shall be as follows for each district: T, ... PRD-2 is propcised PRD-3, The planned.'development site shall; be not less than ten a-cres The planned development site shall be under the control of one Open space shall be set aside or dedicated as provided in para- The minimum amount of open space per PRD-I: 2000 square feet- PRD-2 : 1500 square feet PRD-3 : 400 square feet PRD-4 : 400 square feet PRD-5 : 400 square feet Applicability. any district to a multiple residential district that allows more than two dwelling units in each residence shall be acted upon in the manner provided for in this Section 5, with the exception of.Senior Citizen. Residences which shall be acted upon in the manner as provided for in Section 12, Senior Citizen Residence District. Boundaries of Planned Residential District. The boundaries of the Planned Residential District shall include the lands as shown on the official zoning map of the City and by amendments thereafter or here- after made to this paragraph. Specific Uses Permitted in Planned Residential District. (a) Principal uses in all Planned Residential Districts: 1) All of the Principal Uses permitted in the Single Family Dwel-' ing District. 2) ,Two family dwellings. 3) Townhouses, apartments? and other similar housing types. 4) All applications or petitions for rezoning from Senior Citizen Residences conforming to the provisions of Section 12 of this ordinance. (b) AdditioEal Principal Uses in PRD-3, PRD-4 and PRD-5 1) Child day care centers. 2) Convalescent, nursing, rest and boarding care homes. 1) (c) Accessory Uses Subordinance uses which are clearly and customarily incident to the principal uses, such as driveways, parking areas and garages. 2) 'Recreational facilities, including swimming pools, as permitted in paragraph 2 of Section 3 of this Ordinance. The use of recreational facilities is restricted to use by the owners or occupants of the principal use and their guests. club or lodge rooms solely for.use by non-profit organizations provided that all of these accessory uses are accessible only from the interior 0.f rhe building and have no advertising of display relative thereto which is visible from the outside of the building. Not more than 10 percent of the gross floor area of a building may be devoted to these accessory uses. 3) In PRD-5 Districts only: shops, restaurants? offices and . . Frocedure for Planned Residential District Zoning and Subsequent: DeVelODment. - .- (a) Application. A petition or application for rezoning from any district to Planned Residential District shall be filed as pro- vided in paragraph 6 of Section 14 of this ordinance, upon forms made available for that.purpose, by the owner or owners of the entire land area to be so zoned. and drawings, drawn to scale, showing the following information: ,I , (b) Data Required. Every application shall be accompanied by maps 4/ 17/78 1 k (1) Existing topography, existing tree cover, water bodies and cthernatural amenities; the location of existing streets . and buiidings; Surrounding iand use; and any o~iier pertin- ent information felt to be necessary to the evaluation of the proposal; and Preliminary site plans drawn to a scale of not less than 1 inch = 50' for the proposed development showing the location of proposed structures and streets, common open areas, proposed final grades and all dimensions, and other informa- units as provided for in paragraph 9, Section 5, of this ordinance. . -* I - (2) * tion necessary to determine the allowable number of dwelling (c) Review. application and submit it to the City Planning Commission. application shall thereafter be acted upon in accordance with paragraph 6 of Section 14 of this ordinance, except as herein otherwise provided. Council Action. and shall grant preliminary approval or disapproval of the rezon- ing. Such approval or disapproval shall require a 4/5 favor- able vote. If preliminary approval is granted, the owners or developers of the property may prepare an overall development plan for final approval by the Planning Commission and Council. (e) Overall Development Plan. An Overall Development Plan shall be submitted to the Planning Commission wi-chin a period of 365 days comencing on the date follotcling the date preliminary approval is granted and if the overall development Plan is not so submitted within such a period, the preliminary approval shall be deemed tiithdrawn, and the owner or owners shall be required to again obtain preliminary approval pursuant to this ordinance. all Development Plan shall include the following: .(I) A detailed site plan showing all proposed streets, structures, Within 45 days, the Planning Department shall review the The (d) The City Council shall conduct a pu5lic hearing ~ . The Over- . - parking areas, utility easements, common open areas, recreat- ional facilities, and a landscape schedule. covered by the application, prepared by a registered land surveyor. sewers, and storm drainage facilities togecher with profiles A general overall grading plan indicating final grades and direction and destination of surface drainage. single family dwellings. provisions which are to govern the use and maintenance of common open area. The owner's or developer's contemplated development schedule. -D I_ , (2) A boundary survey and iegal description of the entire tract *- .. 3) A preliminary layout of all proposed watermains, sanitary -- * , for all street roadways. * (4) . (5) Elevation drawings of all proposed structures except detached I. (6) Copies of all proposed protective covenants, agreements and .- (7) .- (f) Final Approval. The Planning Commission shall report favorably upon the Overall Development Plan only upon finding that: (I) (2) (3) The proposed development will not be detrimental to pro- The proposed development is consistent with the comprehensive development plan and other applicabik ordinances of the City. The overall design. fully accommodates and preserves the natural amenities of the proposed Planned Residential District area. The proposed development provides a proper relationship and quality between natural features, common open space and living space. 0 perties surrounding the proposed Planned Residential District. . (4) -e The Council may accept or deny the findings of the Planning Commission and thereby approve or disapprove of the Ove2all Development Plan. If the Overall Development Plan is approved, the rezoning shall be granted final approval. favorable vote. . (g) Filing. the Planning Department. (1) - Final approval shall also require a 4/5 The approved Overall Development Plan shall be filed in . (h) Revisions and/or Changes in the Overall Development Plan. Xinor changes in the location and placement of buildings may be authorized by the City Planning Eepartment where un- , t 4/17/78 139 .. .. 9. .. 1 forseen circumstances such as engineering requirements dictate such change. Changes in structural types, in the shape and arrangement of . lots and blocks, in the allocation of open space, and ail other changes which affect the overall design of the pro- ject shall be referred to the Planning Commission for report and recommendation, after which the City Council shall'hold a public hearing upon notice given in the same manner as the hearing on the preliminary approval, and shall decide to either approve or deny the changes in the Overall Devel- opment Plan. If such changes are authorized, the owners or developers shall su6mit a revised plan showing the author- ized'changes. (2) Allowable Number of-Dwelling Units. (a) The number of dwelling units within the site shall not exceed the site area as measured in acres multiplied by the sum of the base deusity and the density allowances according to the schedules contained in this section. The site area shall be based on the,horizontal measurements of all land contained within the site and situated above the normal high water mark of any natural lake, pond or stream and shall not include exist- ing or proposed public street rights of way. PRD-1 4 None PRD-2 6 None PRD-3 6 6 PRD-4 12 6 PRD-5 18 6 Base. Density Maximum Density Allowance (b) Schedule of Density Allowances .. (1) site preservation and development characteristics to be . credited with an allowance-of. 0.5 dwelling units per acre per category: a, development proposals that preserve natural slopes with a grade of 18 percent or more and sites that do nbt contain natural slopes of 18 percent or more. flood plains in a natural condition and sites that 20 not contain designated flood plains. development proposals with all required enclosed parking stalls'contained within or completely under the principal structure or otherwise completely underground. d. development proposals that preserve a 100 foot wide undisturbed open space (with the exception of trails) from all natural lakes, ponds, or type 3, 4 or 5 wet- lands as defined in the United States Fish and Wildlife Circular No. 39 and sites that do not contain natural lakes, ponds or type 3, 4, or 5 wetlands, lakes or ponds. development proposals with a total hard surface coverage, including all buildings, driveways, parking areas, walkways, patios, porches and all similar man made site elements that do not exceed 25 percent of the site area . herein defined . development proposals with a total lot coverage of all principal and accessory structures that does not exceed 10 percent of the site area herein defined. . purpose of this paragraph, lot coverage does not include outdoor recreational areas. . b. development proposals th'at preserve all designated c. e. f. For the . exposed walkways, patios, driveways, parking lots and site preservation and development characteristics to be credited with an allowance of 1.0 dwelling units per acre per - ca tagory : a. development proposals that provide a 200 foot or larger . spacing from the closest point of a proposed multiple residence, or structure accessory to a proposed multiple residence, or any proposed parking area on the Planned Residential District site, to the nearest property line of any property in the Single Family Dwelling District which is identified for single family dwelling use in the comprehensive plans of the-City. .* 4/ 17 / 78 F f-' - - I40 t . dcve,Jpment proposals designed to conform to 211 specifications for Type I or Type 11 construction as defined in the 1973 edition of the Un5form Building Code. s.ory structures' utilize exterior surfacing materials of thereof, which is utilized on a minimum of 90 percent of the architectural elevation excluding windows and doors. mechanical equipment. " c. dkvelopment proposals wherein all principal and acces- . , . face brick, natural stone, stucco, or any cocbination . Architectural-elevations include roof.surfaces and ~. ;. I (c) The density allowance criteria contained herein are established for the purpose of calculating the maximum number of dwelling units that will be considered for rezoning requests to the Planned Residential District. to encourage and promote quality development compatible with the goals and objectives of this ordinance. criteria is not intended to be a design review criteria and satisfaction of the criteria does not guarantee or imply approval of a derisity or rezoning request. The purpose of the density allowance is The density allowance - '10. Requirements on Setbacks, Yards, Heights and Site Development (a) Haximum height of structures (1) PRD-1: Two stories for single family and residences with two dwelling units, and three stories for all other structures. (2) PRD-2 and PRD-3: Three stories. (3) PICD-4: Four stories (4) PRD-5: No maximum. Height shall be determined by setback required. . (b) Setbacks 1) Setbacks from public streets and from Planned Residential District Boundaries for all residential structures, struct- . ures accessory to residential structures, all recreational facilities accessory to residential structures and child day care centers shall be 35 feet or the height of the structure, whichever is greater. Setbacks from public streets for all exposed parking areas assessory to residential structures and child day care centers shall be 35 feet. Setbacks from interior side and rear Planned Residential District boundaries and from resi- dential buil-ings for exposed driveways and parking areas shall be 10 feet. Setbacks from public streets and from the Planned Residential District.Boundaries for all other uses permitted in the' Planned Residential District shall be required in accordance with paragraph'4 of Section 3 of this ordinance. 2) * 3) (c) Enimum number of parking spaces required. 1) All single family dwellings, two family dwellings, and town- houses: two enclosed spaces per dwelling unit. enclosed parking spaces and three quarters exposed parking space for each dwelling unit. Child day care centers: employee and teacher. . Convalescent, nursing, rest and boarding care homes; one on- site parking space for each employee, one for each company on the maximum capacity of the building, and if such maximum capacity is not evenly devisible by four, one space for the remainder. 2) All apartment buildings: one and one-quarter completely. 3) 4) one on-site parking space for each . motor vehicle, one for every four patients or occupants based 11. Building and Parking Design and Construction. The satisfaction of the minimum standards contained within this section does not imply compliance with the spirit and intent of the ordinance and, is not deemed to constitute acce-ptance and approval of density or rezoning requests. any more restrictive or additional regulations or restrictions imposed by City ordinances. (a) Design Responsibility. A building permit for a residence con- 4 The standards shall not abrogate taining more than 2 dwelling units shall not be issued unless the applicant's building plans, including the site plan, are certified by an architecr'registered in the State of Efinnesota, stating that the design of the building and site has been pre- pared under his direct supervision. 41 171 78 I 141 88 P- 12. Floor Area. 'The minimum floor $rea of any efEiciency dwrtllfng unit shall be not less than 500 net square feet, that or' il one bedroom dwelling unit.shal1 be not less than 750 net square feet: and that of a two 'bedroom dwelling unit shall be not less than 950 iiet square feet. shall have an additional 150 net square feet of floor area -for each bedroom in excess of two bedrooms. measurement, the net floor area of a dwelling unit shall mean that area within a building used as a sirigle dwelling unit; . and shall be measured from the inside of outside walls to &he center of the perimeter walls of the dwelling unit being measured, but shall not include any public areas or stairways, entries, foyers, balconies, porches, utility rooms, furnace areas or . rooms, storage .areas not within the apartment, and garages. Efficiency Dwelling Units. No more than 10% of the dwelling units in any one building shall be efficiency dwelling units. Below Grade Dwelling Unip. thereof shall be built at an elevation lower than the elevation of the.ground at the building site, with the exception of base- ments and cellars in single family dwellings, two family dwell- ings and townhouses. Closets and Bulk Storage. The following minimum amounts of closet and bulk storage shall be provided for each dwelling unit:. 1) One-Bedroom Unit. 2) Two-Bedroom Unit. 3) Units containing three or more bedrooms For purposes of No dwelling unit or any part 10 lineal feet if closet space and .80 24 lineal feet of closet space and 100 cu. ft. of brrlk storage. . cu. ft. of bulk storage. Three or More Bedrooms. For each bedroom in excess of two in any one dwelling unit, an additional 10 lineal feet of closet space and 50 cu. ft. of bulk storage volume shall be required. For purposes of determining compl'iance herewith, only closet space having a minimum clear finish to finish depth of 2'0" shall be considered in determining the lineal feet of closet space' provided. Projecting Air Conditioning and Heating Units. or heating units projecting through exterior walls or windows shall be so located and designed that they neither unneces- sarily gene-ate or transmit sound nor disrupt the architectural amenities of the building. Units projecting more than 4 inches beyond the exterior finish of a building*wall shall be permitted only with the written consent of the Building Inspector, which shall be given only when building structural systems prevent compliance. Trash and Garbage Incinerators; Storage. There shall be no exterior storage of trash or garbage except in an accessory building completely enclosed by walls and roof. Exteriors of accessory buildings shall have the same exterior finish as the main structure. Parking Areas. surfaced with a hard, all-weat'her, durable, dust free surfacing material and shall be properly drained and landscaped, and shall be maintained in a sightly and well-kept condition. Each park- ing' space shall have 'a mininrrm width of 8% feet and a minimum depth of 19 feet exclusive of aisles and maneuvering space. parking areas containing more than six spaces.which adjoin either a public street or residentially zoned property shall have a solid wall 03 fence of not less than three feet nor more than four and one-haJf feet in height along such adjoining line. Such fences or walls shall be so designed that they are archi- tecturally harmonious with the principal structures on the lot. A screen planting may be substituted for the required wall or fence. Guest parking stalls shall be'easily accessible to or from the main entry of the multiple residence dwelling. street parking shall be permitted. Open Space Requirements. Open space, tree cover, recreational area, scenic vista and other authorized open space shall be either set aside as common land for the sole benefit, use and enjoyment of present and future lot or home owners and occupants' within the development and their guests, or shall be dedicated to the City as park land €or the use of the general public, or Air conditioning Exposed parking areas and driveways shall be All No 4/ 17/78 shall be subjected to perpetual scenic and open space easement in favor of the City. The Plaming Conmission shall determine which of these options is more appropriate and shall recommend to the City Council one of the following procedures: (a). The open space land sliall be conveyed by the tract owner or .-. owners to a home owner's association or other similar non- profit organization, provided that suitable arrangements have been made for maintenance of said land and any build- ings thereon, and provided further, that ?n open space easement for said land shall be conveyed to the City to assure that open space land shall remain open, or The open space land shall be dedicated to the general pub- lic for park or recreational purposes by the tract owner or.owners. Where this option is determined to be in the best interest,of the City, the owner shall not be compelled to improve the natural'condition of said open space lands. The City shall be.conveyed.the op.en space land for, or a perpetual scenic and open space easement in and to the open space land for, the purpose of assuring the retention of the open space as open space and scenic surroundings. Where this option is determined to be in the best interest of the City the owner shall. be compelled to maintain the open space in compliance with the ordinances of the City then and hereafter enacted. Such conveyance or easement shall also establish enforcement procedures and allow the City to perform obligations of the owner, collect its costs space land and adjoining property of the owner and collect such costs as an assessment.' Such conveyance or easemenf: shall not grant any right to use the open space as public park, nor any right to the City or the public to make I improvements on or physical use of the open space. (b) (c) . . from the owner, and charge such costs against the open . .. ibtion was seconded by Councilman Shaw. 2ollcall: hyes: Richards, Schmidt, Shaw, Van Valkenburg Nays: Courtney, who stated his concern that this ordinance would increase Motion carried. densities. SOTJTHWST AND WESTEW EDINA PLAN AMENQIENTS -4DOPTED; BENT CONTINUED. Affidavits of Notice were presented by Clerk, approved as to SOUTH EDIHA PLAN MBNDE-_.-. . ~~ ~. - . __ - form and ordered placed on file; As recommended by Mr. Erickson, Councilman - Richards offered the follo~ring~resolution and moved its adopzion: RESOLUTION BE IT RESOLVED that the Western Edina Land Use Plan and the Southwest Edina Plan are hereby amended to define "low rise apartments" as "apartment buildings having three stories or less'!. Notion for adoption of the resolution was seconded by Councilman Courtney. . Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg Co&cilman- Richards then moved that the balance of the prdposed anenduent of the Western and Southwestern Edina' Plans. relating t-o d'wsities be continued GntiloOrd- inance-Sll~Alil comes. back ta Council. Motion seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ROGER FINDELL PROPERTY ZONING ORDINANCE (811-A96}eCONTINUED. Being advised that Mr. Roger Findell has not submitted his Developer's Agreement for his plat (Fin- v dell's Second Addition), Councilman Richards' motion continuing Second Reading of Ordinance No. 811-A96 until May 1, 1978, was seconded by Councilwoman Schmidt. Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg MADSEN PROPERTY REZONING REFERRED BACK TO PLANNING COMNISSION. Mr. Hughes re- called that the petition to rezone the Madsen property (located North of Dewey 4/17/78 Hill Road and William Wardwell Lewis Park and West off Cahill Iioad) from R-1 Residential District to PRD-3 Multiple Residential District had been continued from the Council Meeting of March 6, 1378, so that a decision could first be rcacncd by Council on tke Amundson AVe.il)elaney Blvd. improvemznts. He recalled that a proposal had been submitted to Council earlier this year for construction oj: two 60-unit three story condominium buildings. Mr.'.Rori Erickson and .Mr; Bill Schlatzlein, representing Lanvesco , the developer, Presented revised site plans and a model of the proposed buildings. They advised that the plans have been revised so that a minimal amount of the building can be seen from the West, that the parlc- ing area has been broken up into smaller lots and that they will dedicate 2.5 acres to the City for parkland. Lanvesco wants to retain the park as a swamp and that.the park would be a passive, rather than an active area.. Mr. Erickson explained that three stories of the buildings would be above grade with underground parking, and that it would be diffi- cult to move the buildings closer together and still keep the Y-shape of the build- ings. Mr. Hughes recalled that the Planning Commission had recommended approval of the buildings as proposed, but had requested that they be constructed as far to the East as possible and.that Lanvesco attempt to acquire additional property to the East. He added that the plan would conform to the newly proposed Planned Residential District Ordinance. on the entire site, including the area dedicated for parkland. Councilman Rich- ards said that he believes that the Council has gone on record as making every effort to reduce densities and that Lanvesco knew of this philosophy at the time they acquired the property. He suggested that plans be redesigned using reduced densities and that the buildings be constructed farther to the East. Councilman. Courtney suggested that, even though this Council had taken action to abandon Amundson Avenue, some future Council might want to construct a road in the gen- eral area and that approval of this proposal would leave very little option for future road construction. Mr. Larry Youngblood, 7205 Lanham Lane, representing neighbors in the area, said that he had purchased his property with the assurance of members of the City staff that the property in question would'be parkland in accordance with the Southwest Edina Plan and urged that the buildings be "pushed back to boundaries originally set". on Lanham Lane, said that an assessment notice sent to him from the City in July, 1977, had indicated a strip of parkland to the East of his property. He referred to additional noise pollution which would be brought abouc by the proposed build- ings and park. Mr. Winnick also pointed out that there is no provision for the traditional type of buffer which is normally required between single family homes and multiple dwellings, and requested that Lanvesco should bring in a comprehensive plan for the area. Mr. Ev Strand, a planQer and appraiser introduced by Mr. Winnick, pointed out that land ldcated next to a park would be more expensive than land located next to multiple residence development. a community fails to protect its single family housing base, the community starts to erode". that they would have to review the entire proposal if they were to acquire the 3% acres site to the East. He agreed that-it might be advantageous to develop both pieces of property at the same time. Councilman Courtney then moved that . the matter be referred back to the Planning Commission to give the developers an opportunity to re-work their plans and to attempt to acquire additional land to the East. Motion was seconded by Councilman Pdchards who emphasized that it would not be necessary to acquire the additional land if Lanvesco would reduce the density of its development. Mayor Van Valkenburg commented that the amount of patkland is of importance in the development of the site and castioned the developers that, while Ordinance No. 811-115 had been granted First Reading, it does not automatically mean that it will receive Second Reading. emphasized that the recombendation-on the use of William Wardwell Lewis Park would be made by the Park Board, and reiterated that the Council believes that 120 units are too many for the site. Mr. Ron Erickson asked that the record show that Mr. Hughes added that density would be bas.ed . Mr. Steven Winnick, a new property owner also requested the development of an "active" rather than a "passive" He emphasized that "once In answer'to a question of councilman Shaw, Mr. Erickson said He also Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Motion carried. Nays: None -a - CROSSTOWN HILLS GRANTED PRELIMINARY PLAT APPROVAL. Affidavit s of notice were presented by Clerk, approved as to forn? and ordered placed on file. Mr. Hughes - -- presented Crosstown Hills for preliminary plat approval, advising that this five lot plat is located South of Vernon Avenue, North of the Crosstown Highway and West of Lincoln Drive, and that the Planning Commission has recommended approval, subject to the following modifications and conditions: 1) the pro- posed right-of-way must be 60 feet in width and dedicated to the City; proposed roadway must be realigned slightly so that it curves Northerly at its Western end to provide a more suitable intersection with Vernon Avenue; 2) the 3) an 4/ I// /o .. ... ggpsenient for a temporary cul-de-sac at the Eastern end of the roadway must be provided. (Inasmuch as this cul-de-sac would influence the setback of a dwell- ing on Lot 2, Block 2, it is recommended that this lot be designated as an out- lot or combined with Lot 1, Block 2, until the road is extended Easterly or com- bined with Lot 1, Block 2,.with the understanding that such a lot could be further subdivided qor; extsnsiori of the roadway; submitted which includes not only the construction of the roadway, but also the construction of berms or other suitable noise abatement measures on the South edge of the site; drainage plans for the site must be approved by Hennepin County; 6) dedisation of parkland; and 7) submission of easements which would insure a common driveway access to Lots 1, 2 and 3, Block 1, fr6m Vernon Ave. Nr. Frank Cardarelle, representing the developer, advised that he had discussed-. development of the property with Mr. Robert Hansen, owner of property to the East, and that Nr. Hansen had indicated that he-would like to buy additional property which is now owned by the State of Minnesota. topographic problem on Mr. Hansen's property. of his interest in preserving the hill as much as possible. elbein from Arctic Way said that he represented Arctic Hills residents and that, while residents did not object to the plat, they asked that Council reaffirm that there would no& be a thru street running thru the plat. In respqnse to a question of Councilman Richards, Mr. Hughes clarified that Council should not, at this time, go on record for approving any plan for Mr. Hansen's property. Councilman Courtney then offered the following resolution and moved its adopt- ion €or preliminary plat approval of Crosstown Hills, subject to conditions set forth by the Planning Commission and with the understanding that there will be no thru road in the plat;: 4) a developer's agreement must be 5) I He referred also to the severe Mr. Hansen emphasized that his .property goes to the top of Krahl Hill on the South side of the hill and spoke Mr. Robert Schief- RESOLUTION GRANTING PRELIMIHARY PLAT APPROVAL FOR . CROSSTOWN HILLS BE IT RES9LVED by the Edina City Council. that that certain plat -entitled "Cross- town Hills", platted by Frank Cardarelle and presented at the Edina City Council Meeting of April 17, 1978, be and is hereby granted preliminary plat approval, subject to conditions set forth by the Planning Commission and with the under- standiag that there will be no thru road in the plat. Motion for adoption of the resolution vas seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg . Nays: None Resolution adopted. ORDINANCE NO. 811-Al16 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. Mr. Hughes Affidavits of Botice were pre- - . presented the petition of The Northland Company for zoning change from Regional Medical District to Office Building District- for property located between Drew Avenue and Barrie Road and between W. 65th and W. 66th Streets, and compared the pertinent uses and standards imposed upon both districts. He advised that Planning Commissfon has recommended approval of the rezoning based on the fol- lowing reasons: ation of office development North of W. 66th Street; development would not result; buildings in the area indicate that an alternate use is appropriate. advised further that recommendation was recommended subject to the condition that the subject property, together with an adjacent 0-1 parcel which would be incorporated into the proposed office development must be platted to clarify con- fusing and questionable legal descriptions which now exist. that the Planning Commission had stipulated that' approval of the rezoning does not automaticaliy grant approval to the particular office building which has been proposed. of the area indicating the sight plan and the proposed building. Councilman Shaw that no variances would be required except a seven foot setback in the side yard for the parking lot. Nr. Hughes explained that further study would be made of the possibility of stacking problems at the Twin City Federal drive-in teller facility and was advised by Mr. Stensly that stacking space is adequate. for six cars and that no left t7irns.would be made on to N. 66th Street. In response.to a question by the Council, Mr. Hughes explained that, while a four story bbilding would be permitted in the Office Building District, rather than three stories in the Regional Medical District, the lot coverage was considerably less in the Office Building District. Mr. Stensly said that it is felt that by combining the site in question with the site to the East which is already owned by Twin City Federal and zoned Office Building District, a more significant build- ing will be possible. Reading as follows: 1) the subject property is adjacent to and would be a continu- 2).the rezoning is a lateral" rezoning in that a significant change in the intensity or type of I1 3) the present vacancy status of existing medical Mr. Hughes He emphasized also Mr. Kenneth Stensly, President of United Properties, showed slides He advised Councilman Shaw then offered Ordinance 811-All6 for First 4/17/78 .- ORDINANCE NO. 811-Al16 . AN 0RI)INIiNCE Ai-YENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE OFFICE DlSTRICT (0-1) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1 of Section 8 OE Ordinance No. 811 of the City is. amended by addin.g the following thereto: "The extent of the Office District (Sub-District 0-1) is enlarged by the addition of the following property: Lot 4, Block 4, Southdale Acres and that part of Lot 3 lying South of the Easterly extension of the North line of Lot 2, Block 4, Southdale Acres,' 145 i Hennepin County, Minnesota (Which is in Sub-Di'strict 0-1). Sec. 2. This ordinance shall be in full force and effect upon its passage * and publication. ORDINANCE NO. 811-All7 GWLITED FIRST READING. Affidavits of Notice were pre-' . sented by Clerk, approved as to form and ordered placed on file. Mr. Hughes pre- sented the petition of Edina Baptist Church to rezone property located at 5234- 5242 France Ave. S. from R-2 Multiple Residential District to R-1 Residential District. Mr. Hughes explained that th'e church proposes to remove the existing double bungalow on Lot 11 and construct an addition to the church structure. The double bungalow on Lot 10 will be retained at present and used for staff housing purposes. He added that the church holds a life estate on Lot 9 and hopes, at a future date, to expand the church on toL.that lot and. remove the double bungalow on Lot 10. Mr. Hughes advised that the Planning Commission had recorn-. mended approval, but cautioned the church that the multiple dwelling which would temporartily remaip on Lot 10 must be only used for church related purposes and cannot be used as separate rental units. It also recommended that the church be obligated to remove the dwelling located on Lot'lO at the same time as they exercise the life estate for the dwelling on Lot 1. Mr. Paul Sentman, 6500 Par- ne11 Ave., representing the church, showed site plans indicating the intent of , the church and urged that the rezoning be approved. a letter from Messrs. Harland Halvorson and Erle Tornstrom of 5217 and 5213 Halifax Ave. (just behind the church) objecting that the proposal of the church will change the charac'ter of the neighborhood, cause additional traffic in the area, take property off the tax rolls and reduce the value of other homes. The Mayor also referred to a telephone call from the attorney of one of the owners who had an objection to the proposal. Mr. Sentman said that the church intends to buy out the contract for deed and requested that the City grant First Reading . at this time, with Second Reading to be continued until other details can be worked out. Councilman Shaw then offered Ordinance No. 811-All7 for First Read- ing as follows: I '- a I? c\. e 5 4 Mayor Van Valkenburg read ORDINANCE NO. 811-All7 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REZONLNG PROPERTY TO R-1 RESIDENTIAL DISTRICT I FROM R-2 MULTIPLE RESIDENTIAL DISTRICT DIE CITY COUNCIL OF EDINA. MINNESOTA. ORDAINS: Sec. 1. There is hereby added to-the Single Family District (R-1), created by Paragraph 1 of Section 3 of Ordinance 811, the following: Lots 8, 10 and 11, Block 1, South Harriet Park 2nd Addition. Sec. 2. publication. This ordinance shall be in full force and effect upon its passage and LAl\jNTO BUILDING & DEVELOPMENT ZONING REQUEST CONTINUED. presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes Affidavits of Notice were . presented the request-of Lannto Building & Development for rezoning from R-1 Residential District to R-2 Multiple Residential District of property located South of Benton Ave. and West of the MN&S Railroad tracks, He explained tfiat the property is limited in its use as a single family site by the fact that it abuts the railroad tracks on its Easterly boundary and that NSP holds an ease- ment for its power lines on the site. approval due to the characteristics of the lot and the fact that other lots located North of 'the subject property and experiencing similar site character- . istics have been rezoned to R-2 in the past. Mr. Martin Felderman, 5515 Grove Street, and Mr. Thomas Kafke, 5506 Benton Ave., prese~ted a petition. signed by a substantial number of neighbors requesting that the zoning be denied. contended that construction of a double bungalow on the site would reduce pro- perty values in the area. description used in the notices of hearing. advised that the sign had been on the property indicating the request for R-2 Zoning, but that he had received no calls inquiring about his plans. fusion existing among the neighbors as to the exact location of the site, Councilwoman Schmidt's motion continuing the hearing until May 1, 1978, was seconded by Councilman Courtney. Planning Commission had recommended They Reference was also made to an error in the legal Mr. Kenneth Lantto, 5705 Grove St., Some con- 41 17/78 ._ Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion' carried. .I GRnSS!P~~SER-PRnEP~~T ETTLS C,??AFTEF RRELThEhlbR'Y EL4.T A?PRQ?& - . .AffidElri,t.E.,,Qf .. . notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Gross-Praser-Prospect Hills for preliminary approval, advising-that this plat is located South of Tupa Drive cul-de-sac and North and West of the Kerry Road cul-de-sac, He explained-that the owners of the property are proposing a replat which would result in the creation of one new buildable lot and that Planning Commission had recommended approval of the subdivision inasmuch as the new lot has proper access and is compatible with lot sizes in the area, and inasmuch as the sizes of other existing lots in Braemar Hills 5th Addition and Scott Berg Addition are desirably increased. Recommendation of plat approval was conditioned by the requirement that 1) all lots which are directly affected by an addition or subtraction in lot area must be included in their entirety in the replat and 2) due to the unique circumstances of the plat, the parkland dedication should be based only upon the land area presently encompassed in Lots 7 and 8; i.e. 180,296 square feet. Mr. Donald Brauer urged that the plat be granted preliminary approval. heard; Councilwoman Schmidt offered.the following resolution and moved its adopt- ion: No objections being RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR GROSS/FRASER-PROSPECT HILLS BE IT RESOLVED by the Edina City Council that that certain plat entitled "Gross/ Fraser-Prospect Hilis, platted by Louis Gross and Donald E. Fraser, and presented at the Council Meeting of April 17, 1978, is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None. Resolution adopted. NINE MILE WEST THIRD ADDITION GUTTED PRELTMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Nine Mile Vest Third Addition for preliminary approval as recommended by the Planning Commission, noting that the plat is located South of V. 78th Street, East of Cecilia Circle and West of the MN&S Railroad tracks. He explained that the subject property is zoned Planned Industrial District and that,' according to the Zoning Ordinance, Planned Industrial District lots which are larger than three acres are allowed a greater lot coveraG,z than those less than three acres and that, with the new plat, proponents would be increase lot coverage benefit'for both-lots. Mr. Hughes said that the Planning Commission recommendation for approval was based on the facts that the proposal conforms with the Subdivision Ordinance and that the combination of Lot 1, Block 9, Edina Interchange Center with another lot is desirable in that Lot 1, Block 9, does not have access at present and cannot be served with sewer and water. Inasmuch as no additional lot is created by this subdivision, no parkland dedication is required. No objections being heard, Councilman Richards offered the following resolution and moved its adoption: able to RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR NINE MILE WEST THIRD ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Nine Mile West Third Addition, platted by Garron Corporation, and presented at the moethg of'the Edina City Council of April 17, 1978, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. BRIAN GENSNER R-2 DISTRICT ZONIKG REQUEST DENIED? Affidavits of Notice were pre- sented by Clerk, approved as-to form and ordered placed on file. Mr. Hughes presented the petition of Ek. Brian Gensmer to replat Lot 2, Block 5, EIcCauley Heights 3rd Addition from R-1 Single Family Residential District to R-2 Multiple.. Residential District, recalling that the lot was originally zoned R-2 when McCauley Heights 3rd Addition was platted in 1967, rezoned to R-1 District in 1977, and that R-2 zoning is once again being requested. He recalled that on March 20, 1978, the City Council considered the requested rezoning ind at that time Mr. Gensmer indicated that he was no longer in favor of the proposed agreement hereby one unit of the pro'perty would have access from McCauley Trail and one unit would have access from Indian-Hills Road. Mr. Gensmer said that he 4/17/78 147. had tried to cooperate with neighbors who opposed the zoning. He added that he would prefer to build the two family dwelling facing Iiidian Hills Road, but would construct a single family dwelling if necessary. maved that the request for R-2 Residential District zoning be denied. Motion wes secooded by Coimc-llnmn SIiaw Councilman Richards then Ayes : Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van ValkeEburg Dr. Robert Gifford, 6809 Indian Hills Road publicly thanked Mr. Gensmer for agreeing to the change in his plans.. DETJEY HILL 2ND ADDITION HEARING DATE SET. woman Schmidt's motion was seconded by Councilman Courtney, setting May 1, 1978, as hearing date for pfeliminary plat approval for Dewey Hill 2nd Addition. As recommended by Mr. Hughes, Council- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. METROPOLITAN TRANSIT COMPIISSION CANDIDATES HEARD. Council, Metropolitan Transit Commission candidates Clyde Allen, Jr., Loring . Staples, Jr., and Mrs. Veown Victorson presented resumes in support.of their application for Council's endorsement of their nomination to the Metropolitan Transit.Commission. Mrs. Alison Fuhr spoke in favor of Mrs. Victorson. The candidates were thanked by the Council for their appearances. was taken. Upon the invitation of the No formal action IaS. MARY T. FARR DRIVEWAY APRON COMPLAINT NOTED. Council's attention was called to a letter from Mrs. Mary T. Farr, 4211 Scott Terrace, objecting that the apron of her driveway had not been properly replaced after it had been damaged by the City. man Courtney, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. The matter was referred to the Engineering Departnient by motion of Council- EDINA REALTY BUILDING .USE OF EASEMENT DISCUSSED. Mr. David Shea, represgnting- Baker Associates Architects, requested permission for F S; .W.Bank-to.construct a drive-up teller facility over:an utility easement at the former site of Edina Realty, 6500 France Ave. S. Mr. Hof€man pointed out that when it is necessary to reach underground utilities,.the time factor is very important and that the City could not wait for the bank to make arrangements for the City to reach the underground pipes. property for any purpose not contrary to the purpose of the easements and that the owner would be allowed to put in landscaping, driveways, fences or parking lots, but not buildings or any other structure that would prevent the City from reaching the utility under the easement. wished to grant this right over the City's easement, an agreement would have to be prepared and placed of record by which the City would be indemnified from any additional cost incurred in getting at the utilities and which would hold the City harmless from any damage caused by the City in getting at the utilities. Mr. Hoffman raised the question of who would decide if it was really necessary for the City to rip up the blacktop to reach the utilities. Mr. Rosland sug- gested the possibility that pneumatic tubes be installed overhead, rather than in the ground. bank as to installation of its .facilities and that an agreement be drawn for Council's consideration. No formal action was taken. Mr. Erickson opined that the owner of the surface can use the He recommended that, if the Council It was generally agreed that additional study would be made by the TRAFFIC SAFETY COMMITTEE MINUTES OF APRIL 11, 1978, REVIEWED. Residents living on Danens Drive appeared in opposition to the Traffic Safety Committee's denial to install a 3-way STOP sign at the intersection of Danens Drive and Naomi Drive in lieu of the YIELD sign and continued enforcement by the Police Department as recommended by the Committee. Appealing for the sign on the grounds that there, are many children in the neighborhood, that traffic volumes have increased, that visibility is poor at that intersection and that speed is often excessive were Mr. John Keegan, 6617 Naomi Drive, Mmes. Mary Ann Torgerson, Sandra Nelson and Kathy Schoffman all of Danens Drive. concern that STOP signs are often dangerous in that people often do not stop for them. as requested by neighbors was seconded by Councilman Courtney. Mayor Van Valkenburg expressed the City's Councilwoman Schmidt's motioE that the 3-way STOP sign be installed Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Councilman Courtney then moved that that Sections B and C of the Traffic Safety 4/17/78 148Committee Minutes of April 11, 1978, be accepted and that the following actions of the Cornittee be approved: 1. That a fourth STOP sign be installed for Westbound Benton Avenue at Tingdale. 2. That a STOP sign or an advisory sign be installed at the end of the bicycle path, where it meets. West Shor? ".- -2rivg.. war@ng biqc<ists -,to stoP -- before . . - enter- __. ing on to West Shore-Drive. 3. That the Traffic Safety Committee recommend installation of traffic signals at the intersection of Gallagher Drive and France Avenue. 4. That a letter be sent to the Minnesota Department of Transportation request- ing that a barrier be built between the exit ramp off Northbound Highway I00 at Eden Avenue and the entrance ramp to Northbound Highway 100 of€ Southbound- ' Grange Road. --. I Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None Motion carried. HEARING DATE SET FOR VACATION OF OLD COUNTY ROAD 39 BETWEEN COUNTY ROAD 18 AND the following resolution and moved its adoption: . WASHINGTON AVE. As recommended by Mr. Hoffman, Councilwoman Schmidt offered RESOLUTION CALLING PUBLIC HEARING ON STREET VACATION . BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: . 1.- It is hereby found and determined that the following described street should be considered for vacation, in accordance with the provisions of Minnesota ' Statutes, Sections 412.851 and 160.29: That portion of Valley View Road, formerly.Hennepin County Road 39, located in the North 1/2 of Section 7, Township 116, Range 21, and 66 feet in width, lying between the Southerly extension of the East line of Vashington Ave. and the Nest right-of-way line of Hennepin County Road No. 18, except for utility easements therein - 2. included in paragraph 3 hereof for the purpose of holding 8 public hearing on whether such street 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 Edica Sun, being the official newspaper of the City, the first publication at .least 14 days prior to the date of such hearing and to post such notice at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. form: This Council shall meet at the time and place specified in the form of notice I 7uch notice shall be in substantially the following (Official Publication) CITY OF EDINA 4801 iJ. 5OTH STREET - EDINA, MINNESOTA 55424 XOTICE OF PUBLIC HEARING ON STREET VACATION IN THE CITY OF EDINA HENNEPIN COUNTY , MINNESOTA That portion of Valley View Road, formerly Hennepin County Road 39 located in the North 1/2 of Section 7, Township 116, Range 21, and 66 feet in width, lying between the Southerly extension of the East line of Washington Avenue and the West right-of-way line of Hennepin County Road No. 18, except for utility easements therein NOTICE IS HEREBY GIVEN that the City Ccuncil of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street, Edina, Minnesota, on May 15, 1978, at 7:OO p.m. for the purpose of holding a public hearing on the proposed vacatibn of the following street: That portion of Valley View Road, formerly Hennepin County Road 39 located in the North 1/2 of Section 7, Township 116, Range 21, and 66 feet in width, lying between the Southerly extension of the East line of Washington Ave. and the West right-of-way line of Hennepin County Road No. 18, except forr utility easements therein : All persons who desire to be heard with respect to the-question of whether or not the above proposed street.vacation is in the public interest and should be made shall be'heard at said time and place. extent'to which such proposed street vacation affects existing easements within the area of the proposed yacation and the-extent to which the vacation affects the authority of any person, corpocation, or municipality owning or con- trolling electric 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 or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which The Council shall consider the 41 17 1 78 P 5 any or all of any such easements, and such authority to maintain, rind to ente upon the area of the proposed vacation shall continue .' BY ORDER OF THE CITY COUNCIL Florence B. Hallberg, City Clerk Motion for adoption of the resnlnt-inn was seconded by Cour?cilmm RLchards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. PORTION OF VERNON AVENUE VACATION HEARING DATE SET. man, Councilwoman Schmidt offered the following resolution and moved its adoption: As recommended by Mr. Hoff- RESOLUTION CALLING PUBLIC HEARING ON STREET VACATION BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: 1. It is hereby found and determined that the following described street should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: That part of public street as platted in Victorsen's Addition to Edina Highlands, Hennepin County,.Minnesota, lying South of Lot 12, Block 1, said additon, lying East of the Southerly extension of the tangent portion of the West line of said Lot 12, and lying North of a line parallel with and 40 feet * Northerly of the centerline of Hennepin County Road No. 158, also known as Vernon Avenue,. and formerly known as U. S. Highway No. 169 and 212 2.. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such street 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, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City; as provided in Minnesota Statutes, Section 412.851. notice shall be in substantially the- following form: This Council shall meet at the time and place specified in the form of notice Such (Official Publication) CITY OF EDINA 4801'W. 50TH STREET EDINA, MINNESOTA 55424 . NOTICE OF PUBLIC HEARING ON STREET VACATION IN THE CITY OF h3INA HENNEPiN COUNTY, MINNESOTA That part of public street as platted in Victorsen's Addition to Edina Highlands, Hennepin County, AYinnesota, lying South of Lot 12, Block 1, said addition, lying East of the Southerly extension of the tangent portion of the West line of said Lot 12, and lying North of a line parallel with and 40 feet Northerly of the centerline of Hennepin County Road No. 158, also known as Vernon Avenue, and formerly known as U. S. Highway No. 169 and 212 NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street, Edina, Minnesota, on May 15, 1978, at 7:OO p.m. for the purpose of holding a public hearing on the proposed vacation of the following street: That part of public street as platted in Victorsen's Addition to Edina Highlands, Hennepin County, Minnesota, lying South of Lot 12, Block 1, said addition, lying East of the Southerly extension of the tangent portion of the West line of said Lot 12, and lying North of a line parallel with and 40 feet. Northerly of the cencerline of Hennepin County Road No. 158, also known as Vernon Avenue and formerly kno-wn as U. S. Highway No. 169 and 212. All persons who desire to be heard with respect to the question of whether or not the above proposed street vacation is in the public interest and should be made shall be heard at said time and place. extent to which such proposed street vacatia affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of'any person, corporation, or municipality owning or cont- rolling electric or telephone poles and lines, gas and sewer lines, or wzter pipes, mains and hydrants on pr under the area of the proposed vacation, to continue maintaining the same or to enter upon sucb street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying in any such vacation resolution, the extent to which any or all of any such easements and such authority to maintain, and to enter upon the area of the proposed vacation shall continue. The Council shall consider the ~ BY ORDER OF THE CITY COUNCIL Florence B. Hallberg, City Clerk Motion €or adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney Nays: None 4/17/78 Rich"ar ds ** $esplution ad-opted. . I/ Schmidt , Shaw, Van Valkenburg LONDO1JDE.RRY ROAD EASEMENTS ACCEPTED. Mr. Hoffman presented Quit Claim Deeds from Fzbri-Tek and Union America Mortgage and Equity Trust granting perpetual roadway and utility easements to the City for Londonderry Road described as * follows and recommended the acceptance of said easements: That part of Tract A, Registered Land Survey No. 1145, files of Registrar of Titles, County of Hennepin lying North of a line drawn parallel with and 30 feet South of the North line of said Registered Land Survey No. 1145 and East of Tract Cy Registered Land Survey No. 1378. , Motion of Councilman Shaw was seconded by Councilman Courntey that the roadway and ueility easements be accepted as recommended by Mr. Hoffman. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. DR. HAROLD KATKOV SUIT NOTED. Council's attention was called.to a sui't filed in Conciliation Court relative to damage to property of Dr. Harold Katkof during the August'30, 1977, storm. The matter has been referred to the insurance company and to the City Attorney. EMERGENCY SERVICES RESOLUTION ADOPTED. ing resolution and moved its adoption: No action was taken. Councilman Courtney offered the follow- RESOLUTION AUTHORIZING DISPATCH AND USE OF CITY FIRE AND AiuIGULANCE SERVICES BY FIRE CHIEF OR ASSISTANT FIRE CHIEF IN EBIERGENCY SITUATION BE IT RESCLVED by the Council of the City of Edina, Minnesota, as follows: 1. That the Council finds that instances have occurred in the past and can . . be .anticipated to occur in the future wherein there is danger by fire, haz- ard, casualty, or other similar occurrence taking place or occurring out- side the territorial limits of the City of Edina; and that by the suddenness thereof it is impossible or impractical for the Council of the City of Edina to meet and authorize the dispatch and use of City Fire Department equipment and personnel to combat such fire, hazard, casualty or other similar occur- rence. 2. The Council finds it is desirable and necessary, therefore, to authorize :he City Manager or any person or persons designated.by him, to exercise his otm discretion, considering at all times and in each case the internal needs of the City of Edina and its inhabitants, to dispatch and use Fire Depart- ment equipment 2nd personnel of the City of Edina in such place and for such time as he deems necessary to combat such fire, hazard, casualty or other similar occurrence whether such fire, hazard, casualty or other similar occur- rence takes place within or without the territorial limits of the City of *Edina; and it is hereby provided that such dispatch and use as directed by the City Manager or his designee shall be fully authorized as an act of the City of Edina, and all provisions for compensation of personnel, rental of equipment, liability insurance coverage, workmerbs " -compensation insurance of the City of Edina and all other safeguards and matters pertaining to the Fire Department, its equipment and personnel shall apply in each and every such case as if specifically authorized and directed by this Council at such time, whether or not the governing body or authority of the Place in which such fire, hazard, casualty or other similar occurrence exists, has pre- viously requested and provided for fire protection and the use of the Fire Department equipment and personnel of the City of Edina under a mutual protection agreement or other type fire protection agreement with the City of Edina. Further, the City Manager, or his designee, shall recall, order and terminate the use of such equipment and personnel from such place and at such time, when the need for their use shall no longer exist, or earlier, when it shall, in his discretion, appear in the best interest of the City of Edina that he do so. Hotion for adoption of the resolution was seconded by Councilman Shaw. ! . Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. - SETTLEMENT OF FOUNTAINWOODS APARTMENT LAWSUIT DISCUSSED. that Fomtainwoods Apartment has agreed to remove the model apartment building from its premises on or before December 31, 1982, and to restore all landscap- Council was advised 4/ 17/78 151 ing. the Mayor for approval by the Council and that the result of the lawsuit was that the sanctity of the City's ordinances had been upheld. Court had suggested that some amelioration of the difficulty imposed on the land- c7JZcr be ccnsidcrzd l.n-....?- -1 cL-..-l. ,. c --.. uLbCruuL, u~LL~vu6~i AL wus 2 right d~~fsi~fi tiIldSf the o~dffi- ances of the City it seemed to be somewhat of a harmless situation. He suggested that it would give the City the position to the Court of being "reasonable people'' which might be useful in future instances. Fountainwoods Apartment owners had refused the City's offer to work out a settle- ment before the matter went to Court and suggested that Fountainwoods reimburse the City for the expense which the City had incurred. Concern was expressed that Fountainwoods might appeal the Court decision before April 25, 1978, thus incurring additional costs for the City. Councilman Richards' motion was sec-. onded by Councilwoman Schmidt that the Council authorize the Mayor and Manager to execute the stipulation to dismiss the action, provided that the City receive payment from Fountainwoods in an amount equal to attorney fees and other out of pocket expenses from the time of the instigation of the suit in District Court up to the present time. Mr. Erickson clarified that the extension of time had been worked out with He said that the Mr. Richards recalled that the Ayes : Richards, Schmidt, Nays: Courtney, Shaw, Van Valkenburg. Motion lost. Mr. Rosland recommended that Council reconsider Councilman Richards' motion'and . that, if Fountainwoods rejects the settlement, Council can then make another offer. was seconded by Councilwoman Schmidt. Councilman Richards again offered his motion as stated above, which notion Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CITY MILEAGE INCREASED T0.17~. of mileage for those using their personal c'ars for City business. Richards' motion increasing mileage to 17c was seconded by Councilwoman Schmidt. Mr. Rosland recommended an increase in the amount Councilman Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CONFLICT OF INTEREST DISCUSSED. Mayor Van Valkenburg advised Council that Council- man Richards' firm is involved in a case in which one of their clients is consider- ing suing the City of Edina because of an injury in one of the City's parks. Mr. Richards indicated that he would have nothing to do with the matter in connection with action taken by his law firm and Council generally agreed that any decision would be made by the insurance company, rather than by the Council, and that Councilman Richards wourd not be--involved. No formal action was taken. METRO BRA. - FAMILY PUBLIC HOUSING DISCUSSED. Housing and Redevelopment Authority Minutes of March 7, 1978, as they pertain to Metro HRA Family Public Housing. favor such a housing project in the City. Mayor Van Valkenburg referred to the Council generally agreed that they would not BOARD OF APPEALS AND ADJUSTMENTS MEMBERSHIP DISCUSSED. reminded Council that each Council member and each member of the Planning Commis- Mayor Van Valkenburg sion is automatically an alternate on the Board of Appeals and Adjustments, whether a member of the Council or a member of the Planning Commission is the absent member. No formal action was taken. SPECIAL CO-Ul?CIL/PLANNINC COMMISSION MEETING SET. As recommended by Mayor Van Valkenburg, it was generally agreed that a special joint meeting of the Council and the Planning Commission would be held on April 24, 1978, at 4:30 p.m. in the Conference Room. PLANRING COMMISSION AND HUMAN RELATIONS COMMISSION BOARD MEMBERS NAMED. Council- woman Schmidt's motion was seconded by Councilman Courtney, confirming the recommendation of Mayor Van Valkenburg for &e appointment of Mrs. Helen McClel- land to the Community Development and Planning-Commission and the appointment of Mr. John Carlstrom as a member of the Human Relations Commission. , Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. I - SOUTH HUMAN SERVICES COUNCIL FUNDING DISCUSSED. Councilwoman Schmidt called Council's attention to an account of a meeting regarding 1979 funding of the Human Services Council at which South Hennepin Human Services were criticized by Commissioner Ticen on the funding issue and because the "South Hennepin 4/17/78 Human Services Council had never asked the County Commissioners for Board action the Hennepin County Commissioners at which it was made very obvious that members of each Euinan Services Council in Hennepin County would be responsible for a total of $5,000, and-therefore, the Cities of Zdina, Eloomingtoii and RiclifiKLd would be'liable for approximately $1,667 each. AMERICAN-LA FRANCE PUMPER SALE APPROVED. Mr. Rosland recalled that sale of the 1947 American LaFrance Fire Department Pumper had been continued from April 3,' 1978, to see if better bids could be obt'ained. which had been received from David Napier at $750. Councilman Courtney's motion was seconded by Council- man Shaw for award to high bidder, Carsonville Fire Department at $4,100. - Y2 regarding a given issue". Mr..Rosland advised that he had attended a meeting of No formal action was taken. He advised that the only bids were fro! Carsonville Fire Department at $4,100 and Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. \ SETJER PUMP FOR CODE AVE. LIFT STATION PURCHASE APPROVED. Mr. Rosland presented tabulation of two bids for a 4", 5 H.P. sewage pump for the sanitary sewer lift station pump at the Code Avenue Station. Tabulation showed Tri State Drilling & Equipment Co. at $1,450.00 and Fadden Pump Company at $1,992.00. man Shaw's motion for award to low bidder, Tri State Drilling & Equipment Co. as recommended by the City Manager was seconded by Councilwoman Schmidt. Council- Ayes: Courtney, Schmidt, Shaw, Van Valkenburg Nays: None Abstaining: Richards Motion carried. STEAM CLEANER PURCHASE APPROVED. received for purchase of a steam cleaner - combination washer (shop equipment for cleanir'g and removal of ice in roof drains and storm sewers). Tabulation showed Hotsy Equipneat Company low bidder at $3,090.00, Zeco Company at $3,092-.00, and R & H Enterprise Co., Inc., at $3,154.00. purchase from recommeaded low bidder, Hotsy Equipment Company, was seconded by Councilwoman Schmidt. Mr. Rosland presented tabulation of three bids . Motion of Councilman Richards for . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. -_. ELECTRIC GOLF CAR PURCH4SE APPROVED: brds for 4 electric club golf cars, showing Cushman Motors, Inc., at $6,000.00 and Industrial Supplies at $6,350.00 (both including trade in). motion for award to recQmmended low bidder, Cushman Motors, Inc., was seconded by Councilman Courtney. Mr. Rosland presented tabulation of two Councilman Shaw's Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PUBLIC OFFICIALS' LIABILITY INSURANCE BID AWARDED. Mr. Rosland presented tabu- lation of bids for liability insurance for public officials. Tabulation sliowed Forum low bidder at $5,739 for both City and public officials, International Sarplus Lines at $6,530 for both City and public officials and Unimark-McDonald at $4,652 for individual public officials only. €or award to recommended low bidder, Forum, at $5,739 was seconded by Council- woman Schmidt. Councilman Courtney's notion Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays': None Motion carried. I FIRE HOSE PURCHASE APPROVED BY COUNCIL. bids for 500 feet of fire hose showing C. F. Coyer & Associates Fire & Safety, both bids being for $1,750. As recommended by Mr. Rosland, Councilman Courtney's motion for award to C. F. Coyer & Associates was seconded by Councilwoman Schmidt, inasmuch as Coyer & Associates have consistently pro- vided excellent follow-up service in other purchases that the Fire Department has lnlade -from them over the years. Mr. Rosland presented tabulation of two and Mid Central Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. VOTING MACHINES PURCHASE AUTHORIZED. Mr. Rosland advised Council that St. Louis Park has just purchased Computer Election System's Votomatic Voting System, leav- ing 20 Automatic Voting Machines available for Edina to purchase at a cost of 4/17/78 $250 per machine. Councilman Shawls motion approving purchase of the voting 153 , machines was seconded by Councilwoman Schmidt. I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 1- ART CENTER FUND as of December' 31, 1977, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. WILLIAM WARDWELL LEWIS P!ARK ADDITION IMPROVEMENTS TO BE. PAID BY CITY. Kr. Ros-- land recalled that the City had not been assessed for lots which it owned which were considered benefited by Street Improvement BA-191, Sanitary Sewer No. SS- 308 and Watermain No. WM-282 which had been constructed in Tara Road. As recom- mended by Mr. Dalen, Councilman Richards offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that assessments for Street Improve- ment No. BA-191, Sanitary Sewer No. SS-308 and Watermain No. WM-282 be assessed against the City of Edina in the amount of $8,232.51 for the following lots: Lots 1, 2, 3, Block 2, Kemrich Knolls, and Lots 7 and 8, Block 2, M. P. John- . son's Prospect Hills 2nd Addition. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. RESOLUTION Rollcall : Ayes : Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg CLAIMS PAID. Motion of Councilwoman Schm-Lait was seconded by Couacihan Courtney for payment of the following claims per Pre-List: Park Fund, $4,222.29; Art Center, $1,026.52; Park Construction, ($26.64); Pool Fund, $67.05; Golf Fund, $691.45; Arena, $8,435.45; Gun Range, $446.71; Water Fund, $39,320.77; Sewer Fund, $97,855.89; Liquor Fund, $1348224.16; Construction Fund, $286.00; S. S. 1/53, $577.15; I.B.R., $58,356.00; Total, $514,402.23; and for confirmation of payment of the following claims: Fund, $36,138.97; Park Fund, $36.84; Golf Course, $850.00; Liquor Fund, $156,339.21; Total, $193,365.02. General Fund, $168,919.43; General No.further business appearing, the Mayor declared the meeting adjourned at 11:55 p.m.. 4 -w