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HomeMy WebLinkAbout19790618_regularMINUTES OF THE REGULAR PIEETING OF TJ33 JUNE 18, 1979 EDINA CITY COUNCIL HELD AT CITY HALL Answering rollcall were members Bredesen, Courtney, Richards, Schmidt, and Mayor . Vzn ValkenSurg, Relat Tons Comis sion -9. Present also was Xrs. Zeslie Turner, representing the lluman MINUTES of Xay 21, -1979, were approved as submitted by motion of Councilman Courtney, seconded by Councilwoman Schmidt. . Ayes: Bredesen, Courtney, Richards, Sckmidt, Van Valkenburg Nays: None Motion carried. .‘ RAUENHORST CORPORATION VARIANCE FOR LOT I, E’LOCK 1, EDINA OFFICE CENTER APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. two story or 20 foot building height variance and a 10 foot side yard variance for Lot 1, Block 1, Edina Office Center (7600 France Ave. S.), advising that this variance has been approved by the Board of ApFeals and Adjustments but is being brought to Council as He explained the,configuration of the Natfonal Car Rental Building and that the Planned Ind-. ustrial District zoning permits a maxinum height of three stories or 40 feet, . wiiichever is less, along with an interior side yard setback that is equal to 1.5 times the buildhg height. Mr. Ilughes added that the National Car Rental 3uilding currently uF-der construction was granted a one story height variance to permit a four story building and a side yard setback variance (that was not used ir, the final design). variance wa5:that a four story building is consistent with the 0-1 Office District requirements and the existing and potential office development along Prance Avenue. fsct that additional intensity of development was not permitted by the variance, Hr. Eughes explained further that the other three quadrants at the street intersection are undeveloped and have been designated in the South Edina Land Use Plan for similar office and industrial developments and that, therefor, an I a5ditional height varianc2 in this case may establish an undesirable tlrecedent that dght all077 +increased intewity for the remainbg developnzzlt is the area. Wth ,the aid of the overhead p.rojector, Mr. Robert Worthingtoo, D.Irector of Plaming znd Gmernmental Affairs for Rauenhorst Corporation, reviewed plans for the project and explained that the revised five story concept pian does not exceed the originally aFproved square footage, Corporation were Messrs. David Strand ar\.d TJilliam Tobin. Being advised by the City Attorney that, in granting variances, the Council has the right to impose ccnditions, Councilman Courtney offered the following resolution and mvsd its. Mr. Hughes presented the petition of Rauenhorst Corporatipn for administrative appeal to that decision. He explained that the rationale for the on2 story height Other important consideratiolzs were the topogrzphy and the Present also from Rmenhorst - ac%ption:. . * RESOLUTION RE IT PZSOLVED tht the Edina City Council does hereby deny the administrative - appeal of the PlannZng Department an6 that the height and side yard be zpproved, with the condition that 445,000 square: feet be the ma:cimum gross : floor xes for all of the’plat entitled “Edfna Office Center”; and EE IT FliRZBER.RZSOLVED that thls restriction be placed of record before it - ! Secmes eifective. I Notisn far adoption of the resolution was seconded by Councilmar, Richards. .-. RolEcall : Ayes: Sredesen, Courtney, Richards, Van Valkenburg Nays: Schmidt Resolrrt ion adopted I RADISSON SGUTH PLAN AXENDMEW REQUEST COXTINUED. TO JULY Z5 1979. Kotice were presented by Clerk, approved as to form and ordered placed 02 file.. Mr. Hughes presented the proposal to amend t&e PC-2 Planned Comnercial Plan as requested 3y Radisson Soilth to permit the hotel to construct a five story addi- complex, which addition ,would result iq a three story height variance. >Ira EQgkes advised thzt parKing is one of the primary concerns in granting the - , pian amendment and explained that the 3arking Ordinance assunes that each use?. within the hotel complex has its OWE parking requirements 2nd that all of tke convention facilities in the hotel complex are ocsupied to their capacity by (I persons who are not residents of the hotel. -He said that Radisson South has :% supplied dnca which shows that tl?e,higli percentage of tfie accessory users Pn the hotel are occupants cf l-,??e?. .morns cs well, and added that :ha Edha Police Dqartment has indicated that there a;t~ g.xvraliy nc, parlrhzg problem except, for tvo &r three tims a year whd *Lhexe are lag6 cauantfons at the hotel. Affiiavits of - cion EO the existing two story shopping mall located on the Edina side of the ;. . ’ 129 I ... .CC Mr. .E&ghes kkcorrn??ended approv3i'"oy:t1ie plg6*&&nc?mat tj tlie Goth on &ha condi- t'lon'that 290 additional parking spaces be constructed for the site, for a total of 2,000 parking spaces. site plan and agreed to add 290 parking spaces, either on the site, or else by acquiring additional land. Mr. John R. Heini, Vice President ctr Carlson Companies, Inc., in which it was agreed that within one year after the completion of construction of the pro- posed five story addition to the existing Radisson Village, either "(i) the existing parking lot will be altered in a manner satisfactory to the planiiing staff of the City in order to provide 290 additional parking spaces or (ii) the additional parking spaces will be provided in an alternate manner which satisfies the City Planning Staff of the City of Edina". Concerns were ex- agreement which would bc used .in the event the additional parking spaces were not provided by the hotel, so that the City could construct the parking lot and assess the cost against Radisson South. cern that the year time period was too long. Mr. Robert Berkwitz of the Radis- son So:rth agreed that the hotel will revamp its present parking lot and provide an alternate plan. Cocncilman Courtney's motion was then seconded by Council- man Bredesen that the plan amendnent be approved in concept and that the hear- ing be continued until July 2, 1979, for further clarification of the parking lot plans. . Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried, with the proponents being warned $0 proceed at their own risk. Mr. David Constable from Contract Services showed a Council's attention was called to a letter from <pressed by Councilman Richards and Mr. Erickson that there should be a written Councilman Richards also expressed con- REGENCY 1ST ADDITION GRANTED PRELII.IINARY APPROVED ; ORDINANCE NO. 8 11-A12 7 GRANTED FIRST XEADING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. for a zoning change from R-1 Single Family District to Pm-4 Planned Residezltial District and for preliminary plat approval of Regency 1st Addicion for property located on the. Southwest. corner of France and W. 51st St. He recalled that the subject property is located within the 50th and France Redevelopment Area and designated for 13 to 15 multiple residential mits based on the lot area of 29,000 square feet. Nr. Hughes recalled also that in 1976 Rainbow Management had Fetitioned to cocstruct i! 40 wit senior citizen a?artmmt building, but had not pursu2d the request after the Board of Appeals and Adjustments denied the variance end requested that a maximum of 32 units be proposed. Xr. Eughes said that the proposed building compared to other apartments 5n the 50th and France area and $s consistent with the concepts contained in the 50th and France Redevelopment Plan. He advised also that the proposed building would maintain setbacks of 20 feet, 25 feet and 29 feet from the East, South and West property lines respectively and that, inasmuch as the Zoning Ordinance requires a 35 foot setback, a vzriance com- pairable to the variance granted The Lanterns will be required. In respoilse to a concern of Councilmm Courtney, Mayor Van VdkenSurg recalled the atteapt that had been m2de to develop the property for low and moderate income housing. In response to the concern of Mrs. Ruth Kron, who said that she was speaking for neighbors in the area, Nr* Peter Jarvis of Bather, Ringrose & Wolsfeld said that it would be impossible to change the height of the building without starting 211 over. Xr. Hughes pointed out that this is Plarzied Residential DFstrict zoniag and that aay change would have to be approved by the Council. will be required because of the density and that that zoning can'be approred at . the tine the overall development plan is brought to Council. Nr* Hughes said that new notices will be sent out and published at that time. In response to a quest- ion of Mr. Jarvis, Mr. Erickson suggested that the variance request be worded "not greater than" and that the Boerd of Appeals and Adjustments be apprised of the develoFer's concern over the leeway of a few inches. the Comiunity Development aild Planning Commission 's recomaendation for approval was based on plax modifications site must be relocated either to the Southern extrer;e of the site on France Ave. or to the Western extreme of the site on 51st St., arid that the amount of lands- caping should be increased on the West side of tile buii35-ng. of underground parking spaces was also requested. heard, Councilwoman Schl;zj.dt Gffered tile following resoiv:tion and mosb-d its adoption : Mr. Hughes presented the request of Metro Consultants It was brought out PRD-rS zoning Mr, Hughes advised that under which the YropGsed driveway entrance to the A= increased number No f-irther objections being RES OLUT ION BE IT RESOLVED by the Edina City Council that that certain plat entitled Regency 1st Addition, presented for prelimirtsry approval at the. Edina City Cour_cil Xeeting of June 18; 1979;- by Xetro Consultants, be and is hereby granted preliminary plat ap p roviz 1. Motion for adoption of tlie rel;olution vms seconded 3y Councilmm Richards. a 130 t r4 f . d I!$ Rdlczll: , Nays: None Resolution adopted. Ayes : Bredesen, Courtney, Richards Schmldt, Van Vnllcenburg .If I Councilwoman Schmidt lrhen offered Ordinance Np .I 81 l-AJ27 for First Reading as ORDINANCE NO. 8.h.4127 P follows: . 4 I 1- AF! ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) t BY ADDING TO THE PLANNED - P’SIDENTIAL DISTRICT (PRI)-4) - , I - % ; THE CITf CO-UNCIT, OF EDINA, MINNESOTA ORDAINS: enlarged by adding the following thereto : enlarged by the addition of the following property: Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is “The extent of the Planned Residential District (Sub-District PRD-4) is That part of Lot 58, Auditor’s Subdi.vision 172 and that part of the Northeast Quarter of the Southeast Quarter, Sec.18, T. 28, R. 24 described as beginning at the ir,tersection of the East line of said Northeast Quarter of the Southeast Quarter with the extension East of the South line of said Lot 58; thence Vest . along the extension of the South line of said Lot 58 and along the South line of said Lot 58 to a point distant 165 feet West of the Esst line of said North- east Quarter of the Southeast Quarter thence North parallel to the East’line of said Sortheast Quarter of the Southeast Quarter a distarice cf 66 feet thence East parallel to the South line’of said Lot 58 and its extension 165 feet to the Eastt line of said Northeast’ Quarter of the Southeast QuErter; thence South recorded plat thereof; and That part of the Xast 135 feet of Lot 58, lying North of the South 66 feet thereof, Auditor’s Subdivision Number 172; and The South 60 feet of East one-half of Lot 56, Auditor’s Subdiv5sion Nuinbcr 172, except the West 155 feet thereof, except that part thereof cozveyed to Edina by 69 E.C.R. 3786923; and Tine North 72 feet of the East 143 feet of Lot 56, Auditor’s Subdivision Eumber 172, except that part thereof conveyed to Edina by 69 H.C.R. 3786923, which is in Sub-District PRD-4. Sec. 2. This ordinance shall be in full force and effect Gpon its passage and . * along said East line 66 feet to the point of beginning, according to the I < i ? I pablication. WBDEX ACRES, PETERSON PaPLAT REFERRED BACK TO COMHUKITY DEVELOPNEBT AND PLAhTNIXG -- CCN&lISSION. -.Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Hughes presented Warden Acres, Peterscn Replat, for preliminary plat approval, advising that the property is located South of Grove Streee and West of the Minzl-eapolis, Northfield and Southern Railroad tracks. ne furtker advised-that the fact that the property abutts the >ll?&S Railroad tracks aid has a 50 foot wide power line easement abutting the railroad right-of-wtty ~eihces ehe anomt of buiidable area. comprised of two developed s‘ingle family lots which hsve a total area of 2% acres a26 which Zront on Grove Std The proponents are requesting a seva lot subdivi- sisi, v5th two lots being retained for the esisting dyellings and one .lot. which froilts on’Gro17.e St. and abutts the railroad tracks is proposed to 3e rezoned ,t,o R-2 Residentiil District. to sexe all ok the lots in the subdivision with the exception of the E-2 lot,and rkmld -zoimect with the on the West with the screet dedicated by Warden -4crcs, AusE3n Replat. He clarified that a telcporary cul-de-sac would be constructed on the new street (similar to the Oak Lane cul-de-sac) pending the further extension of the street. Couilcil was also .advised that the otmer of the existing dwelling on the! East side of the new street has stated his intent to remodel his dwelljag by adding an attached garage to the North side of the house and re-or+entLng the ezltrance eo the house to the new streat and that the owner of the eirjSt5ng dmlx- .~-g on the West side oE the nFw street is contemplating a.siilli1a.r remodeling. - Mr. Hughes advised that, while the Cornunity Developmznt and Planning Commission hac! recornended denial of the R-2 zoning, it had recommended approval of the plat, s123ject to the receipt of an executed developers agreement, subdivision dedication, arid with the condition that the owner of the existing dv2lling’on the East side of the Iiev screet conmiit tc the removal oE the existing Cetschcd garage on Tat 3 and that a new garage be constructed on Lot 1. Mr. Evans >kineke said that it is proposed to ‘construct a 54 widz double buqalow 03 Lot 2, whkh would hzve iiccess to Grove St., and that the immediate neighbors hive not objec’ied to the plat or to the proposed 8-2 zoning, and’rurged the Corincil to approve the zonlng change as requested. Mr. Jeffrey Stevenson, 5500 Grove St., said that he .represents neigh- bors who believo, that the R-2. zvning will destroy the character of the ncighbyr- hood and pointed orrt that there is 3 tr;c acre lot across the street for which Mr. Hughes said that the subject property is Mr. Ihghes explained that a new street vould be platted 131 similar zoning xigiit be requested if this zoning change is approved. Mr. Stev- 9. ens~ii added. that. h? has a,,tapc, jcctiops of all neighboxq, except those.whos'e property abuts the p on. Mr. C. K. Ncber, 5505 Crova St., objected to the proposal as did Mr. Mark Felderman, 5515 Grove St., who also objected that he was not nottfied of the hearing. Nr. Hughes pointed out that the lot in question 5s 15,000 or 16,090 square feet of which the Easterly 50 feet lies within the N.S.P. power line easement and that, whi1.e no building could be constructed on Lhe easement, it could be used as side or rear yard area. He added that it would reduce the size of the building that could be constructed Oc the loto Nr. James Peterson, one of the proponents, contended that eight dwellings on a three acre plat is realistic and that the double bungalow would not result in any particular impact in the area and agreed to give the City a roadway easement over Lot 23. Councilman Richards suggested that fivs lots would be more appropriate for the plat. R-2 lot should not be approved and moved that the matter be referred Sack to the Community Development and Plannhg Commission to address the question of fewer lots for the plat. * Ayes : Rredesen , Courtney , Richards, Schmidt , Van Valkenburg He then commented that, in his opihion, the Motion was seconded by Councilman Courtney. Nays: Ncne Notion carried. Mr. Felderman then requested that an environmental impact study be made of the area. Mr. Felderman was assured that his name would be added to the mailing list. LOT 2, BLOCK 3, SCHEY'S P;li.?I( VIEW THIRD ADIfITION EASEMENT VACATION CONTINUED. Affidavits of net7 Notice of Hearing were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoffmanxecalled that the hearing on the easement vacation for Lot 2, Block 3, Schey's Park View Thicd Addition had been continued from May 21, 1979, so that residents in the area could be advised that vacation of the easement in question would create a new buildable lot, and that a request had been received for continuance of the hearing from Mr. Ronald Krank, 7201 Schey Drive. Councilman Courtney's motion that the hearing be continued to July 2, 1979, was then seconded by Councilnan Richards. Ayes : Bredesen, Courtney, Richards , Schmidt, Van Valkenburg Nays: None Motion carried. STREET NUPiCERS ON CUR3S DISCUSSED: Mr. William Horn, 4511 Browndale Ave., expressed 115s 03jectio~s to the paicting of house nunbers on curbs in the City and presented petitions signed by residents of Browndale and Noorland Avenues who also objected to the street numbers. that 15 out of 30 residents contacted oppose any nunbers, with 28 stating that no numbers should be painted without receipt of advance permission. had declired to sign the 'petition. the painthg of the house numbers were Messrs. Douglas Freeman, 4705 Dunberry Lane, George Vells, 4608 Edgebrook Place, Jack Ziegler,, ChalrmaE of the Tqestern Edina Homeowners Pssn. , Gene Gaddis, 5112 Gorgas Ave. and Mrs. Adelle Peterson, 4412 Grimes Are. An Gnidentified gentleman who said that he iived on Gorgas Ave. , asked that the white block be removed from his curb. Mr. Rosland advised that he had instructed Mr. Rice, operator of the White Rzbbit, to be sure to obtain approval from property owners before he did nis patnting. Comcilmm PSchards said that the CoLxuxid should not have to spend its Cixe worrying abour, He presented a tabulation which showec! Two residents CGncurring with Mr. Horn in his objection to - ' this sitmation and that he thought that the entire matter is out, of prospective. * Mr. Robert DeBray, 4502 Browndale Ave., objected to the numbers -from an aesthetic standpoint. Following lengthy discussion, Councilman Courtney's motion that per- mission should be obtained from residents before any painting is done was see- ' onded by Councilman Bredesen. Ayes : Bredesen Courtney , Schmidt, Van Valkenburg Nays : Richards Motion carried. BID AIJARDED FOR PUBLIC IMFROVEMENTS. Xr. Rosland presented tabulation 02 bids for Sanitary Sewer Improvement No. SS-342A, Katermain Improvement No. WM-326AY Storm Sewer Improvement. No. ST.S-161 , Concrete Sidewalk and Concrete Replacement Improvement Nos. S-23 , S-24 and Concrete Replacement 979-3, Permanent Street Sur- facing ~75th Concrete Curb and Gutter Improvement No, BA-239 and Parking Improve- ment No. P-12. Tabulation showed G.L. Coctractirrg, Inc. low bidder for Proposal A (SS-%2A, WM-32GA and St.S-161) at $345,099.25, with Q.R.S. Construction bid- ding $345,764.00.. Replacement No. S-23, S-24 and Concrete Replacement 79-3) showed Victor Carlson, the only bidder at $288,150.80. * showed Buq & Carlson, Inc., 301~ bidder at $260,255.64 and Hardrives, Inc., $315,171.85. Tsbulatior. for Proposal B (Concrete Sidewalk and Concrete Tabulation for Proposal C (BA-239 an6 P-12) ' Engineer's estimates had been $357,747.50 for Proposal A, + $234,229.25 for Proposal B and $239,421.55 for Proposal C. motion for award to recommended low bidder in all cases was seconded by Council- Comcilman Bredesen’s <. man Richards. - .f J Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Mot ion carried. “L 1 ** IRRIGATION FOR FOOTBALL/BASEBALL COMPLEX B1D’”AWARDED. tabulation of two bids for Phase I of the Braemar Complex Football Field and sur- rounding area irrigation system showing Green Acres Sprinkler Co., low bidder at $6,720.00, with Albrecht Landscape bidding $6,921.00. Motion of Councilman PSchards was seconded by Councilwoman Sclimidt for award to recommended low bidder, Green Acres Sprinkler Co. . Mr . Rosland presented I Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays:. None $10 t ion carried. GLASS’ DOORS AND FXANES FOR B&MAR ARENA BID AWARDED. Mr. Rosland presented tabu- lation of two bids received for replacement of doors and frames at the front e2t- rance door to Braemar Arena (and vandal-proof hardware) showing Keho Construction Co. low bidder at $4,545.00 with Gateway Glass bidding $4,949.00. esFn’s motion for award to recommsnded low bidder, Keho Construction Co., was, Councilman Bred- &- seconded by Copncilmii Courtney. ~ Ayes: Nays: None Motion carried. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg IXSURANCE CARRIERS AND PREMIUMS APPROVED. ksurance policies had been continued from June 4, 1979, Mr. Rosland presented the folLowing tabulation: 1978 1979 . . ‘Home Insurance $ 90,481 $ 98,062n 2S,428* General Liability Auto . Home Insurance 20.085 141,535 151,4223; ihrker ’ s Compensation Home Insurance Property , INA 19,266 2 1,004 . kiey 6: Securities Hartford Insurance 1,644 I, 440 Recalling that award of bids for City CARRIER PREHIUM PRWUBf TYPE Nalpractice Western World . *r 1,205 1,900, , Uinbrella Liability Interstate Fire 46,920 43,775 *Rates a function of salary (aufo7number of vehicles) subject to audit. Motion of Councilpan Courtney for award to rccomendsd low bidders in all cases ) rras seconded by Councilwomari Schmidt. Ayes : .Nays: None EG~~XI carried. 3 , i Bredesen, Courtney, Richards, Schmidt, Van Valkenburg KATHY DRESOI~/JUANITP_ LYNN ~EBJNERN S~IMOXS AND COEPLAIBTS ROTED. tion was called to the fact that the Clerk hsd been served with Smns and ,. Council’s atten- Conplaiats relative to an gccident involving Kathy Dresotq and Juznita Lynn Feynern. The matter has been referred to the City Attorney 2nd to the iiisurazce company. i “ 4. . No action was taken, r ,. f 1 f* ,; *F SOUTH HENXEPIW HU” SERVICES STUDY AUTHORIZED. Mr. Roslznd recalled that, at the last Eeeting, the Council had discussed the South He=ne;>2n Zuman Services request for $4,000 to assist in doing .the Human Services Inventory, with Rich- fFeld paying $4,00G, Eden Prairie, $3,000 cash, plus $5,000 staff time and Bloomington Faying $6,000, +and advised that South Eennepin has agreed to his. I proposal that Edina contribute $3,300 in cash and $!.,000 for in-kid services, (principally staff plus some xeroxing). . Councilman Richards’ motion authorizing the expenditure of $3,000 in cash and $l,OGO for. in-kind services, was seconded by Councilwoman Scbmidt. As recommended by the City $Imager, Ayes: Nays: None Motion carried, I Bredesen, Courtney; Richards, Schmidt, Van Valkenburg 1 STATE SUR-PLVS PRGPERZY -- BID KdTHORIZED. sgrplus property caring out oil June. 19, 1979, will contain four craffic controller cabinets ad coatrollers chat a;e the sitme type used at 53th and Eal.if~:c and will Foui~cll was advised +,hat a listing of stace be used at 50th and 5Jooddal.e and that the City XnI;iiit?cr had recommnded thar: the City “submit a bid of at least $4,500. the submission of a bid in the zzmount of $4,500 was seconded by Council~an ’Cqyrtney. Councilman Brsdesen’s motion authorizing . ,$yes : Bredesen, Courtney, Richards, Sch&.dt, Van Pa?.kenburg Nzys: None , :.:: -Mot icn car-rled 133 LEAGUE OF MINNESOTA CITIES CONVENTION DISCUSSED. Councilman Courtney reviewed -\>o;n;s of special interest from the League *of ti7nnesota Cities Fonvention,, not- .izi&.-that 22 rccoamiepdation~~Q~~t~ Leag<&-&f@rg- adop ted'by the State Leg%-sla-ture. No action was taken. ( 7500 YORK AVENUE DEDICATION NOTED. Councilwoman Schmidt advised that she had attended the dedication oE 7500 York Ave. and that Mr. Thomzs Feeney from H.U.D. had praised the Edina Council and staff for their cooperation. No action was taken. METROPOLITAN HEALTH BOARD MEETING NOTED. Councilwoman Schmidt called Council's attention to a Pietropolitan Health Board meeting which will be held on July 31, 1979, at 7:OO p.m. at the Crystal City Hall. Council and staff were urged to attend. No action was taken. BOARD AND COMMISSION MEMBERS APPOINTED. Councilman Courtney's motion was seconded by Councilwoman Schmidt for confirma- tion of appointment of the followirtg-board and commission members : Edina Founda- tion: Robert J. Sherman and Henry T. Rutledge for a term of office to run until As recommended by Mayor Van Valkenburg, June , 1982 ; Housing and Redevelopment Authority: Councilman Richards to replace Mr. William F. Greer for a term of office which will run until April 1, 1984; Housing Needs -- Committee: William Greer, Willis F. Shaw and Leonard Fernelius (subject to their acceptance). Mrs. Donna Scudder and Messrs. Jeffrey Workinger, Ayes : Bredesen , Courtney , Richards , Schmidt , Van Valkenburg Nays: None Motion carried. .. BOARD OF REVIEW MEETING NOTED. Council was reminded of the continued meeting of the Board of Review which will be held on June 19, 1979, at 4:OO p.m. No action was taken. CITY MANAGER'S VACATION NOTED. Council was advised by Mr. Rosland that he will be on vacation the week of June.25, 1979. No action was taken. ORDINANCE NO. 434-A4 ADOPTED ON SECOND READING. Councilman Richards offered Ordinance No. 434-A4 for Second Reading as follows: OXDINAXE GO. 434-A4 AN ORDINANCE AMENDING ORDINANCE NO. 434 TO PROHIBIT ABOVEGROUND SWIMNING POOLS THE CITY CO~JCIL OF THE c1n7 OF EDINA, MINNESOTA, ORDAINS: Section 1. For the promotion of- the health, safety and general welfare of the citizens of Edina, the Council does hereby determine 2nd ordain thae above- ground swimning pools shall be prohibited. following amendments are hereby made to Ordinance No. 434: See. 2. For the purpose of implementing the foregoing determinetion, the (a) Sec. 6 (b) is hereby amended to read as follows: The top elevation of the. pool wslls shall not exceed by more than eight inches the highest ground'-elevaticn a3utting the pool walls at any point. In determining such highest ground elevation, no elevation increases shall be considered that are due to fill placed or grzding dcne in violation of Sec. 6 (j) of this ordinance. To a depth of three feet fron the water level, the walls shall 3e vertical. No right angle projection shall be perniitted with exception of steps at the shallow end." I. "(b) Wall Design. (b) Sec. G (g) is hereby amended to read as follows: "(E) Pool Deck. Unobstructed deck areas not less than 48 iEches wide shall be provided to extend entirely around the pool. Pool decks shall be constructed above, but not more than 9 inches above, the normal water line. area shall be constructed of impervlous material, and the surface shall be such as to be smooth and easily cleaned and of non-slip construction. The deck shall have a pitch of at least one-fourth inch to the foot, designed so as to prevent back drainage iako the pool. Ir' deck drains arc provided, drain pipe lines shall be at least two Tnches in diameter; drain openings shall have an open area of at least: four times the crcss-sectional area of the drain pipe. The deck drain system stiall have indirect connection t3 the sanitary sewer. deck 6rains shell not Se cmnecred 'to the recirculat ;.on system piping." (cj Sec. G (j) is hereby added, to read as follows: The deck The I 'I( j) Abovegroud Swimniing Pools ; Fill. Swininini; pools that &re con- structed or erected wholly above ground are arid shall 3e prohibited. No fill ' shall be placed or grading done on the property to riase the ground elevation for the purpose of raising the top ,elevatPon of the pool walls." publication. Sec. 3. This ordinance shall b'e iri full force and effect upon its passage and 6/18/,79 134 Motion for adoption of the ordinance'was seconded by Couiicilman Cburtrley. - .. -- I .;-* i I^. . Xollczll : Ayes : Nays: Bredesen, Scliuiidt Ordhance adopted. . ~.I. Courtney , Xicharcls, Van Valkenburg _* . ,I *. I .- ORDINANCE NO. 311-Al2 GRANTED FIRST READING. Councilman Courtney offered the fol- lo~-?ing ordinance for First Reading: I" OIiDINANCE NO. 3 11-A12 AN ORDINANCE AMENDING ORDINANCE NO. 311 TO ALLO'N CITY COUNCIL TO GRANT APPROVAL FOR HARBORING MORE TK4N Ti40 DOGS OVER SIX MONTHS OF AGE AT ANY PLACE I TIlE CITY COUNCIL OF THE CITY OF EDINA, $113JX?SOTA, ORDAINS: i Section'l, Section 17- (d) of Ordinance No. 311 is hereby amended to read as follows : harbored at any place, except in a licensed pet shop or licensed animal hospital, unless perrnission hr?s been granted'by the Board of Health irr zccordance with Crdin- This ordinance shali be in full force and effect &pori its passage "(d) No more than two animals over six months of age shall be kept or . vance Fo. 302. Sec. 2. .I and publication. Ayes: Bredesen, Courtney, Schmidt, Ven Valkenburg ', ?Jays*: Riclizrds L .? OXDIWCE NO. 106-A2 ADOPTED. SECOND READING WAIVED. As recommendcd by Xayor Van Valkenburg, Councilman Courtney offered Ordinance No. 106-A2 fer First Reading xirith Tcaiver of Second Beading and moved its adoption: .I 1 ORDINANCE 30. 1OG-A2 ~ . ORDINAWE AMENDING OmINANCE NO. 1-06 ELINIX4TING e THE P;EQUIRENENT THAT A SCHOOL BOARD M3MBER BE A I?ENBER -* * f CF THE HUbilAN l?tELATIONS COXMISSION . TEE'CITY COUNCIL OF TEE CITY OF EDIXB, MINNESOTA, ORDAINS : . Section 1. Section 3 of Ordinance No. 106 is hereby amended to read as follcws : ti , "Sec. 3. Nembership of the Commission. twelve regular members, all appointed by the Mayor with the approval of the Council, but 6 shall be from a lisc presented to the Council by the School Board. T'ne Comzission shall be authorized-to apporint an ex officio youth nem3er toiehs Comaission, but who would not have the power to vote. pstzh of .the r'unctions, povers and duties vested in and imposed ~pon the Cbds- siai. except for the youth =ember who shdl be appointed for a term of on@ year;- I Tpon che expiration of a member's term of o€fice, that member shall continue to serve gntil a successor shall have been appointed. Upon terminztion for ahy cause'bf .a neaber's term of office, that member's successor shall be appointed for the. reminder of such term. the School Board expires, that member's successor shall likewise be chosen froin a list OF cznlidzkes presented by the School Eoard. oPfice by majority vote of the Council.I" its passage and pu3licarion. Xot6on for adoptiorr cf the ordinance wa; seconded by Councilwoxiar, Schmidt.' The Commission shall consist of i .I CoaxnTssioa.l-fro wodd participate in all discussions and deliberations of the Nembers of the Connuis- ksion shzll be zppoiiited with due regard to their fitness for the efficient dis- Neabers of the Ccmmiss ion shall be appointed for terns of three. years;*& Whenever a term of a member originally proposed by ' . Plembers of the Couimiss'ion , -shall serve without compensation and may resign volun'carily or be reinoved frohr - 3 ri h Sec. 2. This ordhance shall be in full force and effect immediately upon %* ' Rollcall : .gays: l?or,e Ayes : Brcdesen, Conrtney, Rlchards, I4t .. *7 ' 9rdinance adopted. A" ST: ' 1 City Clertc . .4,+ / .* 4 2- , Pwr 73972 PARCEL 4wo . (PMT OF. L& .~7, (RUDITORS --- SL~D~ISIOS 196) WZNDED ~PLL- - 4 k. Q. 7!k -" > CATIOM FDR TAX FORFE1'PED -71- LANDS ADOPTED. Bchg 'advised by ~IC. EricksOn that. an 6" I ..', : 6/18/79 .. 135 incorrect legal. description had been used for the following described property in gtie ijqnnspin Cod sio? Manager'$" List 02. Tax Fmfeiked Land-dated September 14 , 1 lutgon and nioved its adoption: RESOLUTION BE IT RESOLVED by the City Councilof the City of Edina that the City Attorney be authorized and directed to file "Amended Application for Governmental Sub- division for Conveyance of Tax Forfeited Lands", for the following described property contained in Hennepin County Finance Division Manager's List dated September 14, 1977, said property to be used by the City of Edina as hereinafter set forth : 'Schmidt offered the Eollow5rig reso- -" Plat 73972, Parcel 4020 (1954) -- that part of Lot 17, Auditor's Subdivision 196 in the land and lying North of the North line of Lot 4, Block 1, Indian Hills -- for Water Storage. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall: Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Resolution adopted. Nays: None . LOCAL PUNNING ASSISTANCE FUNDS REQUESTED. As recommended.by Mr. Hughes, Council- man Bredesen offered the following resclution and moved its adoption: GRANT FUNDS FROB1 THE METROPOLITAX COUNCIL RESOLUTION REQUESTING 1978-79 LOCAL PTANNING ASSISTANCE WHEREAS, the Metropolitan Larid Planning Act, Minnesota Statutes, Section 473.851- 473.872, requires that the City of Edina prepare and submit a comprehensive plan to the Metropolitan Council; and WHEWS, the Metropolitan Council and the City of Edina entered into a contract numbered 7834 and dated March 3, 1978, for a Local Planning Assistance Grant for 1976-77 grant funds in the amount of $10,701.00 to assist the City of Edina in carrying out the required planning; afid WHEREAS, the Metropolitan Council has allocated $5,074.00 to the City 04 Edina ;in additional grant funds for 1978-79; and WHEREAS, the total grants from the Eetropolitan Council will not exceed 75% of the total cost or 100% of the remabing cost of carrying out the required plan- ning which is dccumented In Appendix A of the above referenced contract; NOW, THEREFORE, BE IT RESOLVED that the City of Edina rEquests the additional 1978-79 grant funds and authorlzes the City Mmager to execute the AgrceEent Aiiendment to the above-referenced contract OP, behalf of the City of Edina. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. (, Rollcall: a Nays: Eone i Ayes: Bredesen, Courtney , Richards, Schmidt, Van Val-kenburg Resolution adopted. TAX FORFEITED LANDS DECL4RE "NGN-CONSERVATION A?lD FOR SALE"; - BY CITY. Forfeited Lands, together with the recommend2tion that the City acquire certain properties listed thereon. SOME TO BE 'ACQUIRED Xr. Rosland presented Hennepin County Auditor's List "656-NC" of Tax Councilman Richards then offered the Eollowing ., resolutions and moved their adoption: PAS OLUT ION r WHEREAS, the City Council of the City of Edina hils received fromthe Comty of Bennepin a list of lands in said municipality which became the property of the State of Ninnesota for non-payment of the 1970 real estate taxes, which said list has been designated as Classification List Eo. 656-NC; and I&IEREAS, each parcel of land described in said list has heretofore been classified by the Board of County Coinmissioners of Hennepin County, Minnesota, as non-con- servation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; NOW, THEIIEFORE, IT IS RESOLVED by said City Council, acting pursuant to Hinnesota Statutes 282, that the said classification by said Board of CouQty Comissioners, of each parcel of Sand be and the same is hereby approved, and that the sale of each such parcel of land be and the same is hereby approved. Motion for adcption of the resolution was seconded by Councilinan Courtney. Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, VZI Valkenburg Nzys: None Resolutioil adopted. .. BES OLUT IOH BE IT RESOLVED by the City Council of the City of Edina that the City Attorney be authorized and directed to Eile "Application for Governmental Subdivision far 1. Cqnveyance of Tax Forfeited Lands", for the following described property contained in Hznnepin County Auditorrs LFst "65G-iJC1', said property to be used by the City - ': 6/18/79 of Edina as hereinafter set forth: I*:. ' 1. Outlot 1, Tndianhead Lalceview Addition (Plat 75875, Parcel 9000) - For'Storm Drainage Purposes; 2. That part of the East 1/2 of phe Northwest 1/4 lying Eorth of Creek Vdley, Addition and South of Highway, Sec. 5, T. 116, R. 21 (Plat 7.3605, Parcel ,1125 I- For Open Space Purposes; 3. The Northerly 10 feet of Lot 10, Block 8, Brookview Heights 1st Mdition('(P1at 74280, Parcel 8120) - for Storm Drainage Purpbses. Motion for adGption of the resolution was seconded by Councilman Courtney. 1 r 'r k li . ' ir Rollcall: -- I ._ Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: Kone Resolution adopted. POSSIBLE ELOOMINGTON/EDINA LAND EXCH-ANGE DISCUSSED. Mr. Rosland advised Council that plans are being considered for development of a hotel complex, with some sup- portive commercial uses, for the property in the Xortheast quadrant of France Ave. 2nd Interstate Highway 1-494 and that Mr. Hughes had suggested that this may be the time to discuss any possible land exchange between the City of Edina and the City of Bloomington inasmuch as the project would be somewhat similar to the Radisson South situation. Mr. Rosland said that, while he is sure that Bioomington xiohi readily accept Edina's land at 1-494 and some part of the Radisson South complex for ex- change of land South of Braemar Park, he felt that Edina would become a loser tax- wise and also expressed concern that such a transfer might appear that action was taken by the Council to make the sale of liquor convenient. Mr. Rosland suggested that the Council resolve the issue prior to any 1-494 and France Avenue develop-. ment plans so that it would be reacting to a principle, rather than to an indivi- dual case. No formal action was taken. ML'INICIPAL STATE AID FENDS REQUESTED. As recommended by Mr. Hoffpan, Councilwoman Schmidt offered the following resolutions requesting Municipal State Aid Funds for York Ave. and France Ave. sidewalks and moved their-adoption: RESOLUTION REQUESTING APPROPRIATION OF MUNICIPAL STATE-AID FUNDS I TO S .A.P. PROJECT NO. -120-020-07 IEZREAS., it has been deemed zdvisable and necessary for the City of Edka to partici- pate in the cost of 8 construction project located on C.S.B.H. ?IC. 31 within the lipits of said municipality; and IvZEREAS, said constmction project has beeii approved by the Departnent of Highways and identified in its records as S.A.P. Xo. 120-020-07; EOW, THE3&FORE,-BE IT RESOLVED that the Edina City Council does hereby appropriate from its llunicipal State-Aid Street Funds the sum of $20,000 to apply toward the construction of said project and requests the Co&ssi_oner of Highways to approve this authorization. RESOLUTION KEQUZSTING APPROPRIATION OF MJTJICIPAL STATE-AID PL.S TO S.A.P. PROJECT NO. 120-020-05 T4KEF;EAS, it has been deeined advisable and necessary for the City of Edina to parti- cipaze in the cost of a construction project iocated on C.S.A.B. 30. 17 vithin the iiinits of said mmicipdity; and %GIEUAS, said construction project has beeii approved by the Department of Highways and identified in its records 2s S.A.P. No. 120-020-05; XOX, THEREFORE, BE IT RESOLVED that the Ediiia Cicy Corincil does iierebp appropriate from its Hunicipal State-Aid Funds the sum of $30,000 to apply toward the construc- tion of said project and requests the Commissioner of Highways io approve this authorization. Xotion for adoption of the resolutions was seconded by Councilman Courtney. Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkcnburg Nays: None Resolution adopted. I LIQTJOK FUND AS OF 3L4RCH 31, 1979, TJES preseated by I&-. IIai.cn, reviewed and ordered pl.aczd on file by notion of Ccur,cil.woman Sclmidt, secondea By Counclimm Richards, Ayes: Bredesen, Courtney, Richards, SchnrLdt .. Van Valkenburg ' Nays: None Resolutions adopted. CLAIMS PAID. for payncnt of the following claim as per Pre-List: Park Fund, $21,033.94; Art Center, 9997.23; Park Constructim, $1,935.29; Swim- ning Pool, $270,993.99; Gclf Course, $12,600.73; Recreational Fund, $5,506.27; Gm F-age, $1,072.24; Water Works, $141,593.20; Sewer Bcntal, $135,982.19; Liquor Motion oE Councilman Courtney was seconded by Councilwom2n Schmidt General Punci, $352,903.97; 6/ 18/79 137 Fu@, $320,934.47; Construc,tio 10,431.42'; LBR, $$276.09; ,, r .I I '% .* *.. ._ .-- . .-**.-. 'mal, $i,527,m 3. ~a. rlYC- No further business appearing, Councilinan Richards ' motion for adjournment was seconded by Couricilman Bredesen and unanimously carried. P . M . Adjournment at 9 : 45 t 4L- City d. Clerk . .- I.