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HomeMy WebLinkAbout19810518_regular114 MINUTES OF TIIE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 18, 1981 Answering rollcall were members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. OAK POND OF INTERLACHEN GRANTED PRELIMINARY PLAT APPROVAL. that Oak Pond of Interlachen was considered at the meeting of May 4, 1981, and at that time Council asked the proponent to consider reducing the number of lots in the twelve lot subdivision plan then presented, one of the lots being served off the end of Evanswood Lane. It also made allowances for the con- struction of a cul-de-sac at the end of Evanswood and a storm water ponding area along the rear portion of Lots 10 and 11. revised 11 lot plat has been submitted which proposes that the cul-de-sac at the terminus of Evanswood would not be constructed; the previous Lot 12 has been eliminated and Lots 10 and 11 (now renumbered.Lots 8 and 9 have been elong- ated. rear yards of Lots 10 and 11 has been deleted from the plan and the low area on the end of Evanswood would be maintained as an inundation area. Mr. Francis Hagen, Westwood Planning and Engineering Company, advised that the revised plan would consist of 11 lots with an average lot size of 20,170 square feet with the only access being off Blake Road. high water line of the pond on the northerly portion of the parcel and a . 100 foot setback will be maintained for any buildings; that the plan now presented is in response to the suggestions of the Council and to comments from the neighborhood, and that disruption to the existing neighborhood has been minimized. Mr. Dean Bailey, landscape architect with Areteka, Inc., presented landscape plans which feature an entry island into the development, a low berm to provide a buffer and to afford the planting of trees and shrubs along the north edge of the new road and retentionof existing oak trees. 5124 South Blake Road, speaking for the people represented by the petition pre- viously presented, stated they do not consider the 11 lot proposal to be signi- ficantly different'aesthetically from the previous proposal. that the distance between houses would be minimal and that he personally would favor a 9 or 10 lot approach. Mr. Loren Spande, building contractor, indicates the clients he has waiting to build in this subdivision have no opposition as to lot sizes. Mr. Robert McCollum, attorney representing Brian Gensmer of 5216 Blake Road South, referred to three letters sent to Council members and requested they be part of the record, the last of which included letters from various real estate peophilho gave their opinions with respect to the effect this develop- ment would have on Mr. Gensmer's property. He argued that the proposal as now presented disproportionately burdens Ifr. Gensmer's property, expecially the '. proximity of the roadway to his house and property line, in that it will cause a diminution of value of his property. Dr.Franz Metzger, 5021 Schaefer Road, asked that Council postpone action until the neighborhood had a chance to examine the revised plat being submitted. The question of adequate drainage for surface water was raised by Mr. William Gearhard, 5224 Blake Road. Mr. James Nystrom, 5225 Evanswood Lane and Mr. Gary Gray, 5221 Evanswood Lane, stated that if a storm sewer pipe will be installed to provide adequate drainage and the area is ieft in a natural state they would have no objections to the plan presented. Mr. Brian Gensmer reiterated that the development plan would.greatly devaluate his property. Mr. Alvin >IcQuinn, 4900 Bywood Nest, indicated he is interested in buying a lot and building a home in this development an2 would like to see it approved. Mr. Nick Strenglis, 5228 Evanswood Lane, stated he would prefer a 10 lot plan, but if adequate drainage will be provided out to Blake Rgad, he would support approval of the 11 lot plat submitted. . Reavill, 5224 Evanswood Lane, stated he has been impressed with the way the Planning Commission and Council have been concerneibwith the interests of the neighborhood, and that he feels a reasonable compromise has been reached and would urge the Council approve the new plat. Road, observed that a transition zone would be desirable, especially for the residents on the north and west side of the proposed development. Mr. Victor Bloomfield, 5217 Schaefer Road, felt a transition zone should be provided and that animal life and vegetation would be severely harmed with the plan proposed. Mr. Nichael Halley, proponent, recalled that in January, 1981, when the design stage was begun, the initial objective was to create.approximately 15 lots that had an average size of one-third acre or approximately 15,000 square feet which were targeted toward an affordable home package of aiproximately $250,000 similar to other homes prelevant in the area. He pointed out that even though- the proposed lot size vascly exceeded City ordinance requirements, many of the. surrounding neighbors favored larger and fewer lots. Accordingly, the plat . a has been reduced several times and they are now presenting a compromise plat - He further observed- Mr.. Hughes recalled I Mr. Hughes stated that a In- addition, the ponding area which was originally proposed for the - He indicated that they had surveyed the . Mr. Roy Jenson, He expressed concern I . Mr. Richard I . Mr. John Kyllo, 5201 Schaefer 'of 11 lots, the average size being 20,000 square feet. 5/18/81 that because of the reduction from 15 to 11 lots, the objective of the develop- ment has changed radically and Oak Ponds will probably become the most expensive family residential development in Edina. has been referred to as an "outsider" several times by neighbors and found that extremely offensive in that he has lived his entire life in Minneapolis and has offices within four miles of the subject site, and that even more outrageous was the implication that if an Edina developer were purporting this he might get preferred treatment. last meeting regarding Lot 12, that lot has been eliminated and he asked Council to approve the revised plat of 11 lots as presented. Mr. Earl Winget, 5112 Scriver Road, expressed concern with regard to the precedent that is set for the develop- ment that eventually is bound to come to the area, and that the one thing that should be preserved is the quality of life in the area made possible by low density development. Mr. Vincent Nierste, 6108 Fox Meadow.Lane, raised a question regarding the easements which would extend 100 feet from the pond and which would severely restrict the useable land on those lots, thus he did not feel the homes would be compatible to what is in the area. In response to Member Schmidt's question regarding easement restrictions, Mr. Hughes indicated it would be a conservation restriction which generally prohibits improvements. buildings, changing of grade elevation, cutting of trees and construction of docks or shore- line improvements but would allow cutting of grass, the intent being to keep the area as natural as possible. Be added that there are similar situations in the City where easements back up to the lot; that it limits rear yard area but many of the buyers of those lots enjoy keeping the back yard natural. that the easements would be placed of record so prospective purchasers of the lots would be aware of the restrictions. mental impact had been taken into consideration. members from the Environmental Quality Commission who were very concerned with the environment and still are, are now on the Community Development and Planning Commission and in their evaluation of the plat they considered that factor, but that no formal evaluation has been made. Member Bredesen commented that a number of issues have been raised but that he felt the real issue is whether the sub- division plan as'now presented is a reasonable proposal. it reasonable and referred to the fact that the Community Development and Planning Commission had approved a density of 12 lots and that the proponent has now' reduced the plan to 13 lots. resolution and moved its adoption, subject to the conditions as recommended by staff: Mr. Halley commented further that he He concluded that because of Council's concern at the He advised Member Turner questioned if the environ- Mr. Hughes responded that He stated he considers Member Bredesen then offered the following RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO OAK POND OF INTERLACHEN BE IT RESOLVED by the Edina City Council that that certain plat known as.0ak Pond of Interlachen, platted by Halley Lane Corporation, and presented for'pre- liminary plat approval at the Edina City Council Meeting of May 18, 1981, be and is hereby granted preliminary plat approval, subject to the following condi- tions: 1) The proponents report concerning storm wster ponding must be approved by the Engineering Department, 2) A storm water ponding easement xust be dedi- cated over the new ponding area, 3) Storm sewer and other utility easements must be provided, 4) The traffic island shown at the intersection of the new road and Blake Road must be shown as an outlot, 5) A developer's agreement must be executed, and 6) Subdivision dedication. Motion was seconded by Member Turner with the. comments that she wa; supporting the motion because the proposed plan is comistent with City ordinances and Comprehensive Plan and further, because the scenic easement would not be com- promised. Members Richards stated he could not support the motion because he felt the plan was not in keeping with the characteristics of this neighborhood and that he would like to see 9 lots as a maximum for this subdivision. Member Schmidt indicated she would support the motion reluctantly as the precedent of this dsvelopment would effect what is to come ill. the area. Rollcall: Ayes: Bredesen, Courtney, Schmidt, Turner Nays : Richards Resolution adopted. AL JOHNSON ADDITION GRANTED PRELIMINARY AND FINAL PLAT APPROVAL. Affadavits of Notice were presented by Acting Clerk, approved 2s to form and ordered placed on file. Plr. Hughes advised that this is a subdivision for the N Johnson Con- struction Company and that Council had recently approved a rezoning request to 0-1 Office District for this property generally located south of West 76th Street and east of York Avenue. He stated that in accordance with the requirement at the time of rezoning, AI Johnsoa Construction Ccnpasy has new returned wltb a plat of the property which is simply a one lot, one 31ock plat. Staff would recommend both preliminary and final plat approval be granted conditioned on subdivision dedication. In response to Mzyor Courtney's question, Mr Hughes 5/18/81 .- confirmed that at the rezoning hearing on'April 20, 1981, A1 Johnson Construc- - -. tion Company had committed to constructing the building according to plans then presented. following resolution for first and second reading subject to receipt of sub- No further discussion being heard, Member Richards offered the . division dedication fee of $11,200.00: RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR AL JOHNSON ADDITION BE IT RESOLVED by the Edina City Council that that certain plat known as A1 John- son Addition, platted by Al Johnson Construction Company, and presented at the . Edina City Council Meeting of May 18, 1981, be and is hereby granted preliminary and final plat approval, subject to payment to the City of $11,200.00 as sub- division dedication fee. I Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Turner Nays: None Resolution adopted, CENTEX HOMES KtDWEST/MA"OR HONES OF EDINA GRANTED APPROVAL OF PRELIMINARY PLAT AND REZONING TO PRD-3 CONDITIONALLY. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. llr. Hughes re- viewed the history of this 16-acre property, generally located east of Lincoln Drive and north of Edina West Condominiums, recalling that in 1972 it was rezoned to PRD-3. Following this rezoning, the developer did not proceed with the project for eight condominium buildings containing a total of 180 units, and a new owner acquired the property. In 1975, the new owner requested and received -a rezoning of the property back to R-1. Condor Corporation requested a rezoning to PRD-3 and presented a plan which proposed three condominium buildings containing 150 units. final rezoning; however, the zoning was conditioned upon the platting of the property. Mr. Hughes advised that the present proponent, Centex Homes Nidwest, is again requesting a rezoning to PRD-3 Plapned Residential District and has submitted preliminary site plans for twenty condomimium buildings containing 144 units; fifteen buildings will contain eight units each and four buildings will contain four units each, with the proposed overall density being 8.95 units per acre. The condominium buildings are characterized by sloping, shingled roofs and tuck- under garages, resembling large single family dwellings or doubie bungalows. Mr. Hughes indicated that staff had had some concerns regarding public road rights-of-way, topography, exposed parking and proof of parking plans, but that new plans presented at the Community Development and Planning Commission meeting had addressed many of these issues. permission to construct one enclosed parkhg stall per unit, rather than one and one quarter as required by the zoning ordinance, and that a proof-of-parking variance plan be granted showing how additional garage spaces could be accommodated on the site, but that he not be required to build those stalls at this time and that they be built ir, the future if the City so required. Staff believes this project addresses the need for modest cost housing, with the units approaching the $80,000 range; that the site plan is excellent; and would recommend prelimi- nary rezoning and plat approval with the following conditions: 1) Final zoning is conditioned'on final platting, 2) Final zoning is conditioned on an acceptable overall development plan, 3) A grading permit from the Nine Mile Creek Watershed District, 4) An executed Developer's kgreeinent, 5) Subdivision Dedication, and - 6) A conservation restriction covering the undevelopable portion of the floodplain. Mr. Dick Krier, Westwood Planning and Engineering Company, 'representing the pro- ponent advised thae their objective was to create a plan for the site that was unique and would fit the area; that would comply-with the Western Edina Plan and Draft Comprehensive Plan regarding density; that would preserve the natural amenities of ths area and that would provide a marketable unit. that after meetings with residents from Edina'Vest Condominiums and City staff, some changes were made to address a number of concerns and to overcome problems created by the site. natural areas, protects the vistas and retains existing trees for the enjoyment . of the. people who live in the area now and those who will live there in the future. normal width and would accept garages in the future if required, but that they did not feel additional covered parking was necessary. Richards, Nr. Kier explained that they did not feel the 1.25 covered parking ratio is applicable to this type of development because: 1) there are two major bus mas on Lincoln Drive so the need to use cars is decreased, and 2) it has been found that in moderate range housing there is less likelihood of two cars being a necessity. Mr. Timothy Eller, representing the developer, elaborated Approximately one and one-half years ago, This plan received The platting was never completed and the property remains R-1. -I He pointed out that the question of variances .needs to be addressed at the time of rezoning. The proponent is requesting I He indicated Mr. Krier explained that the modified plan preserves the He pointed out that the parking stalls are designed with a larger than In response to Member 5/18/81 117 that each unit will have one garage and driveway space so that two cars can park at each unit; the plan also provides for 48 guest parking spaces making a total of two and one-third parking spaces for the whole project, whereas the zoning ordinance requires only two spaces for the entire project. He added that their experience has shown that of the people buying these units approxi- mately 30% will be single; the rest will be couples having two cars except for approximately ten to fifteen percent of those; also, recreational vehicles will be prohibited. Mr. Hughes observed that although the ordinance require- ment of 1.25 spaces per unit is close to what staff feels is the actual parking demand, a variance should not be granted because of reduced automobile owner- ship but should be.based on the developer attempting to provide modest housing units and is a garage in this case a luxury; a variance could be granted on the basis of economics, the economics being a hardship. Mr. Eller indicated that the garages would cost approximately $2,000 each to build and would add approx- imately $500 to the cost of each unit to be sold separately. Member Bredesen indicated that he supported the project but did not feel the request for a parking variance was justified. approve the plan but that the proponent should be required to provide the 1.25 covered parking space as required by ordinance. In response to Member Turner, Mr. Rosland reviewed procedures stating that this hearing is for pre- liminary approval oE rezoning and plat; that a request for parking variance would normally be made to the Board of Appeals who would or would not grant the variance; the decision could then be appealed to Council by staff or pro- ponent. the time of final hearing. After further discussion Member Schmidt made a motion to approve preliminary rezoning and preliminary plat with the under- standing that the proponent meet the parking requirement provided by ordinance and offered the following resolution for adoption: Member Richards stated he concurred and would .. Council would make the decision to approve the rezoning and plat at RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR MANOR HOMES OF EDINA BE IT RESOLVED by the Edina City Council that that certain plat known as Manor Homes of Edina, platted by Centex Homes Midwest, and presented for preliminary plat approval at the Edina City Council Meeting of May 18, 1981, be and'is hereby granted prel2minary plat approval, subject to the following conditions: 1) A grading permit from the Nine Mile Creek Watershed District, 2) An executed Developer's Agreement, 3) Subdivision Dedication, and 4) A conservation restriction covering the undevelopable portion of the floodplain. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : .Ayes: Bredesen, Courtney, Richards, Schmidt, Turne? Nays: None Resolution adopted. Member Schmidt then offered the following ordinance for First Reading subject-to the following conditions: 1) Final zoning is conditioned on final platting, and 2) Final zoning is conditioned on an acceptable overall development plan: AN ORDINANCE ANENDING THE ZONING ORDINANCE pu'O.-811 ORDINANCE NO. 811-Al45 ' BY ADDIMG TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE CITY COUNCIL OF EDINA, MINF'ESOTA ORDAINS: Section 1. enlarged by adding the following thereto:- "The extent of the Planned Residential District (Sub-District PRD-3) is enlarged by the addition of the following property: That certain parcel of real property situated in the County of Hennepin, State of Minnesota, and described as follows: That part of the Southwest Quarter of Section 31, Township 117, Range 21, . described as beginning at a point on the,West line of said section 1589.04 feet North of the Southwest corner of said Southwest Quarter; thence East to a point 1629.21 feet North of the South line of said Section as measured along a line drawn parallel to the East line of said Southwest Quarter of Section 31 from a point on the North line of said Southwest Quarter 990 feet West of the Northeast corner of said Southwest Quarter, the said South line of said section being a straight line between the Southwest corner 2nd the South Quarter corner of said Section 31; thence South along said pzrallel line 536.43 feet, more or less, to a point in said parallel line distant 1086.14 feet North of the South line of said Southwest Quarter, said South line being a straight line between the closing corner for che Korthwest corner of Section 6, Township 116, Range 21, and the South Quarter corner of said Section 31; thence West to a point on the West line of said Southwest Quar-ier distant 1059.35 Ceet North of the Southwest corner of said Southwest Quarter; thence North along satd West line 529.68 feet to the point of beginning; except that part of the above Paragraph 4 of Section 5 of Ordinance No. 811 of the City is . 5/18/81 . described tract lying Westerly of a line parallel with and 40 feet f- Easterly of the following described line: comer for the Northwest corner of Section 6, Township 116, Range 21; , thence South 87 degrees, 24 minutes and 02 seconds East (assuming the West line of the Northwest Quarter of said Section 6 as bearing North 4 degrees,l9 minutes and 05 seconds West) a distance of 693.43 feet; thence North 46 degrees, 21minutes and 27 seconds West a distance of 854.85 feet to the actual point of beginning of the line to be described; thence North 21 degrees, 55 minutes and 42 seconds 'West a distance of 617.2 feet; thence along a tangetial curve to the right with a radius of 1819.86 feet and a central angle of 16 degrees, 16 minutes and 40 seconds, a distance of 517.02 feet; thence .Northerly, tangent to'the above described curve, a distance of 200 feet and there terminating, according to the Government Survey thereof. Sec. 2. and publication. Hayor Courtney advised the proponent that, based on the facts and information now before Council, the Council has concurred it would be reluctant to approve a parking variance if appealed, but stated that the proponent was welcome to submit additional facts for the consideration of the Council when appropriate. FINAL PLAT APPROVAL OF LOIS 7TH ADDITION CONTINUED TO JUNE 15, 1981. Mr. Hughes recalled that the subject property, generally located west of.County Road 18 and south of Valley View Road, was granted preliminary plat approval in January, 1981. It is currently zoned PID Planned Exdustrial District and the proponent is requesting a one lot, one block plat of the property to clarify cumbersome legal descriptions. He pointed out that much of this property was purchased as surplus road right of way from the County several years ago. At the time of preliminary plat the County wanted to take a large portion of the subject property for additional right of way and at that time the Council decided the County should acquire that property through the normal condemnation proceedings and not by way of subdivision procedure; The proponent has-now . returned and is requesting final plat approval. Staff would recommend approval and that a subdivision dedication not be required as this plat is simply to clarify legal descriptions. Member Richards raised the question of when a subdivision dedication would be required if not at the time of final plat. Mr. Edghes clarified that the subdivision dedication policy as it is written now states that notwithstanding whether or not a piece of property had dedi- cated for subdivision purposes in the past, a dedication will now be based only on new lots created, and further that plats that are provided simply to clarify legal descriptions and do not result in an increased intensity of development should not be subject to a dedication. Following further dis- cussion regarding the subdivision dedication policy now in effect, suggested the Council review the policy and address the matter of a policy change if Council so desires. his reason for platting was to clear up the legal description of the property, that he was not changing it in any way, and that this was the first he had heard of a subdivision dedication requirement. Member Schmidt made a motion to continue the hearing on final plat approval for Lois 7th Addition to June 15, 1981, and that Council review the subdivision dedication guidelines at its meeting of June 1, 1981. Motion was seconded by Member Bredesen. , Commencing at the closing I This ordinance shall be in full force and effect upon its passage Mr. Rosland Mr. John R. Paulsen, proponent, confirmed that Ayes: Bredesen, Courtney, Richards, Schmidt, Turner Nays: None Notion carried. EDINA FEST SCHEDULED FOR JULY 4, 1951, AT CORNELIA PARK. Mr. Rosland recalled .that the Edina Fest was discussed at the Council meeting of May 4, 1981, and that a nder of questions were raised. He stated that the Fest as now requested by John Wernecke and the service clubs will be scheduled for one' day only on Saturday, July 4, at Cornelia Park and Pool, with all events taking place in the park itself; that the evening would conclude with the traditional City sponsored band concer and firesworks, and that the concess- ions ~211 be handled by the Edina Jaycee Vomen and the Edina Federated Women's Club. He advised that the Park Board has approved this revised plan for the Edina Fest, since the Friday evening concert has been eliminated. In response to question of MemSer Bredesen as to why Council was involved, Nr. Rosland explained that the matter of the Edina Fest had been brought to Council because of the magnitude of the original proposal. He reiterated that the City was in no way a sponsoring agency for the event and that this would be comeyed to Elr. Wernecke. action on the matter. Notion failed for lack of a second. Msmber Ricfiards then suggested that approval be handled through norinal channels to obtain approval. to use Cornelia Park. Member Bredesen made a motion chat Coimcil take no No formal action was taken. 5/18/81 GOLF CAR RENTAL FEE FOR SENIOR CITIZENS CONFIRMED. Mr. Rosland recalled that the matter of golf car rental for senior citizens had been continued from the Council meeting of Nay 4, 1981, in order for Council to receive the Park Board's recommen- dation, He advised that at its recent meeting the Edina Park Board had passed a motion that seniors receive reduced golf car rental rates only at those times when the reduced greens fees are in effect for seniors and that the Golf Course Manager, at his discretion, may reduce the golf car fees in cases of medical necessity. Motion of Member Turner to confirm the Park Board action authorizing reduced golf car rental rates for seniors only at those times when reduced greens fees are in effect in and in cases of medical necessity at the discretion of the Golf Course Manager was seconded by Member Schmidt. Ayes: Bredesen, Courtney, Richards, Schmidt, Turner Nays: None Motion carried. TELECOMMUNICATION SYSTEM FOR CITY HALL TO BE REBID. Mr. Rosland recalled that the telecommunication system for City Hall had been continued from the meeting of May 4, 1981, and that after much consideration and a careful analysis of the bids, staff would recommend all bids be rejected and the system be rebid. He added that specifications for the rebid will again allow a range of systems and vendors to bid but will clarify those issues that currently seem to be troublesome as to interpretation. a reputation for rejecting bids so that responsible companies would not want to enter the bidding process with the City. motion to reject all bids for the telecommunication system for City Hall and rebid was seconded by Membep Schmidt. Member Bredesen expressed concern that the City could develop After further discussion, Member Turner's Ayes: Courtney, Richards, Schmidt, Turner Nays: Bredesen Motion carried. ARDEN PARK PLAYGROUND EQUIPMENT BID AWARDED. Mr. Rosland presented tabulation of two bids for two wooden creative playcenter (playground equipment) showing Earl F. Anderson & Associates low bidder at $4,524.00 and Sob Klein & Associates at $4,660.00. Earl F. Anderson & Associates at $4,524.00 was seconded by Member Schmidt. Nember Bredesen's motion for award to recommended low bidder, Ayes: Bredesen, Courtney, Richards, Schmidt, Turner Nays: None Motion carried. POLICE PROFESSIONAL LIABILITY INSURANCE BID AWARDED. Mr. Rosland presented tabulation of two bids for police professional liability insurance showing Bayly, Martin for $500/500,00 per year at $9,575.00 and Market for $500/500/ 1Million per year at $10,000.00. Schidt for award to recommended low bidder Bayly, Martin for $500/500,000 per year at $9,575.00. Member Turner's motion was seconded by Member Ayes: Bredesen, Courtney, Richards, Schmidt, Turner Nays: None Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF MAY 13, 1981, REVIEWED. Member Bredesen's motion was seconded by Member Schmidt to approve the following: 1) Installation ' of STOP signs at: a) Peacedale Avenue at West 62nd Street, northbound b) Halifax Avenue at West 62nd Street, northbound c) Habitat Court at Lincoln Drive, southbound d) Roushar Court at Lincoln Drive, southbound e) St. Alban's Circle at Gleason Road, eastbound 2) Re-installation of NO PARKING ANYTTXE signs on West 65th Street between Drew Avenue and Barrie Road, and 3) Installation of NO PARKING ANYTIME signs on west side of Brookside Avenue from the north Cit,y limits to north driveway of 4350 Brookside Court; and also for acceptance of Section B and acknowledgement of Section C. Ayes: Bredesen, Courtney, Richards, Schmidt, Turner Nays: None Motion carried. EDINA FIREMEN'S RELIEF ASSOCIATION AMENDMENTS APPROVED. Mr. Rosland recalled that the Edina Firemen's Relief Association amendments had been continued from the Nay Lr, 1981, meeting so that the Association could bring their actuary to review the proposed benefit changes. introduced MY. Thomas bhlman, actuary, who explained that Minnesota Statutes require review once every four years dhen the Associaeion seeks to improve benefits; that there. are three sources of contributions to meet finsucial Mr. LeRoy Lisk, treasurer of the fund, 5/18/81 .=- I20 requirements: 1) fire state aid (fire insuraiice premium tax) , 2) members' contributions, and 3) remainder, if any, has to be met by the City. the governing body of the City has to ratify any benefit changes. He added that as of 1/1/80 the present value of prospective benefits was $841,811 and assets totaled $979,890, the obvious conclusion being there is room for the proposed increase from $180/month to $280/month for retirement benefit after age 50 and 20 years of service. Based on the proposed benefit levels and 15 ncw members the normal cost (level annual cost from the year the member enters plan . to retirement date to provide benefit levels) would be $38,776 which amount would be covered by allocation of State Fire Aid funds, with no contribution required by the City as assets would exceed liabilities for future benefits. In response: to a question of Member Richards, Nr. Kuhlman explained that any future. change in allocation of State Fire Aid funds would have to be by action of the State Legislature; that State Statute requires the 2% tax on fire insurance premiums which generates the State Fire Aid fund. Member Richards offered the following resolution and moved its adoption: Therefore, . After further discussion, RESOLUTION ADOPTING AMEMDPIENTS TO EDINA FIRQIEE'S RELIEF ASSOCIATION WHEREAS, the Edina Firemen's Relief Association is a Legally constftuted relref association under Ninnesota State Statutes and has been in existence since 1942, and WHEREAS, the Relief Association passed amendments to their Bylaws regarding the monthly pension benefit, prorating vesting at 10 years and pension adjustments for retired members, and WHEREAS, the Edina City Council feels that the changes promote further the City's objectives in the area of compensation in the fire service, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Edina hereby approves the following amendments to the Bylaws of the Edina Firemen's Relief Association effective when ratified by the Association membership: ARTICLE VI1 Section 7.01 Section 7.02 Section 7.05 SERVICE PENSIONS The association shall pay out of the Special Fund a service pension of $280.00 monthly to each active member who shall hereafter retire' from the Edina Fire Department having attained the age of 50, having performed active duty as a member of the Edina Fire Department for 20 years or more and having been a member of this association at least ten years prior to such retirement. month for each year of active duty over 20 years, but such total monthly pension shall not exceed $420.00 per month. When a retiring member meets the minimum age and service re- quirements set forth in Article VII, Section 7.01, but has not completed 20 years of service; the Association shall pay the portion of the service pension amount earned to date as specified in the Bylaws, but not to exceed the percentage applicable for each full.year of service completed as follows: ConDleted Years of Service Non-forfeitable Portion of Annual The monthly pension shall be increased $14.00 per or Prorata Service Pension Amount 10 60 Percent 11 64 Percent 12 68 Percent 13 72 Percent 14 76 Percent 15 80 Percent 16 84 Percent 17 88 Percent . 18 92 Percent 19 96 Percent 20 and thereafter 100 Percent The Association shall provide a post retirement increase to retired members and other retirement benefit recipients of the Relief Association. The post retirement increase shall be applicable only to retired members and other retirement benefit recipients receiving a service pension or retirement benefit as'of the effective date of the bylaw amendment, except those benefits provided by statute. I Motion for adoption of the resoluti,on was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Courtney, Richards, Schmidt, Turner Nays: None Resolution adopted. 14em3er Bredesen stated that the members of the Relief Association should coqsider the value of this increase in bznefits as a compensafion increase. 5/18/81 121 EDINA/BLOOMINGTON LAND TRADE DISCUSSED. Mr. Rosland advised that the land trade agreement with the City of Bloomington should be ready for presentation to Council by June 1, 1981; that a $25,000 park dedication fee has been negotiated with the Radisson Corporation payable to the City of Edina over 4 years at 9% interest and the City will also receive dedicated lands above and beyond that. advised that there has been a last minute change, again to the City's benefit, whereby instead of an office/warehouse development there is a proposal to build office buildings on the land to be traded. regarding the status of the lawsuit brought against the City of Bloomington, Mr. Rosland stated that Hennepin County is pursuing the purchase of all the zoned land in the Northeast quadrant of Interstate 494 and County Road.18 and that this . is not a part of this project. this time. He further In answer to Mayor Courtney's question He stated further.that no action was required at CITY TO RETAIN MEMBERSHIP IN LEAGUE OF MINESOTA CITIES. Mr. Rosland commented that the subject of membership in the League of Minnesota Cities had been of con- cern to both staff and members of the Council, but would recommend that the City of Edina retain meinbership in the League and mzke a concentrated effort to effect some of the changes which would favorably affect the City. Member Bredesen stated his objection is not to the League itself, but to the disproportionate greater share of dues paid by the City with no greater voice in decisions. Mr. Rosland agreed that the City should strive to be represented on the Board of Directors. Member Turner submitted that the purpose of the League has great validity for Edina and is there to support local government through lobbying efforts, as a link with other cities in the metropolitan area and as a research source. offered the following resolution and moved its adoption: WHEREAS, the City Council of the City of Edina has reaffirmed its support of the League of Minnesota City's programs to strengthen local government in.Minneso.ta, and WHEREAS, the City desires to have their interests and ideas represented on an ongoing basis in the development and oversight of the League's programs, and WHEREAS, C. Wayne Courtney, Mayor of the City of Edina, has been an act'ive supporter of and participant in the League and its companion organization, the Association of Metropolitan Municipalities, programs and policies, and WHEREAS, Mayor Courtney has expressed the desire to serve and is willing to make the needed comitment to properly discharge the associated responsibiiities; NOW, TJEREFORE, BE IT RESOLVED that the City Council of the City of Edina submits in nomination the name of its Mayor, C. Wayne Courtney, for a position on the Board of Directors for the League of Minnesota Cities and that his nomination be considered at the League's Annual Meeting on June 11,.1981. Motion for adoption of the resolution was seconded by Member Richards. Member Turner RESOLUTION Rollcall: Ayes: Courtney, Richards, Schmidt, Turner. Nays: Motion carried. .. Bredesen, who reiterated his objection to the disproportionate share of dues paid by Edina. HEARING DATE SET FOR JUNE 15, 1981, FOR PUBLIC IMPROVEMENTS. As recommended by Mr. Rosland, Member Richards offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CITY STREET SURFACING AND SIDEWALK 1. to the feasibility of the proposed permanent street surfacing and sidewalk des- cribed in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, June 15, 1981, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less that three days from the date of said meeting, and to nail notice to all affected properties in substantially the following form: . The City Engineer, hzving submitted to the Council a preliminary report as ' The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) 4801 W. 50TH STREET CITY OF EDINA EDINA, KINRESOT'A 55424 ' NOTICE OF PUBLTC HEARING t PEPUUFIENT STREET SIJRFACING WITH CONCRETE CURE AID GUTTER AND SIDEFALK S .A. P . T20-338-02 II@RO'L'EMEMT NO. P-EA-249 5/18/81 122 , IMPROVEMENT NO. P-BA-250 S.A.P. 120-138-03 IMPROVENENT NO. P-BA-248 IElPROVIlMENT NO. P-S-28 S.A.P. 120-020-10 IMPROVEMENT NO. P-S-29 S.A.P. 120-020-11 THE EDINA CITY COUNCIL will meet at the Edina City Hall, on Monday, June 15,1981, at 7:OO P.M., to consider the following proposed improvements to be constructed ur,der the authority granted by Minnesota Statutes, Chapter 429. cost of said imDrovements are estimated by the City as set forth below: I. The approximate I. 11. 111. A. Improvement No. BA-249 $199,590. S.A.P. 120-138-02 Dewey Hill Road from Delaney Boulevard to Gleason Road B. Improvement No. BA-250 173,231.38 S.A.P. 120-138-03 Dewey Hill Road from Delaney Boulevard to Cahill Road PEF3MNENT STREET SURFACING WITH CONCRETE CURB AND GUTTER Improvement No. BA-248 66,383.77 Grove Street from Johnson Drive to Cul-de-sac SIDEI?ALK A. Improvement No. S-28 29,493.18 S .A. P, 120-020-10 Xerxes Avenue from Heritage Drive to I?. 66th Street B. Improvement No. S-29 64,966.20 S.A.P. 120-020-11 W. 66th Street from Xerxes Avenue to France Avenue The areas proposed to be assessed for a portion of the cost of proposed improvements under I.A. includes: Lots 9 & 10, Block 2, Schey's Parkview Third Add'n; Lot 7, Block 3, Schey's Parkview Third Add'n; Lots 1, 5, 6, 19, Block 1, Holands 1st Add'n; Lots 1 thru 3, Block I, Lots 16 2, Block 2, Fjeldheim Add'n; Lots 9 thru 15, Block 3, Kemrich Knolls Add'n; Lot 2,~ Block 2, William Nardwell Lewis Park Add'n; The Easterly 90.0' of the westerly 280.0' of the southerly 163.0' of the easterly 792.54' of the S4 of SEk of the N?k, except road, Sec. 8 TIE. 116, Range 21; Lots 3. thru 4, Block 1, Hyde Park Add'n; Lots 1 tliru 4, Block 1, Hyde Park 2nd Add'n; Lots 1 thru 3, 18, 19, 26, and Outlot E. Block 1, Dewey Hill Add'n; Lots I, 14, Block 1, Lyle Buchanan Add'n; Oritlot A, Dewey Hill'Estates Add'n. The areas proposed to be assessed for a portion of the cost of the'proposed improvements under I.B. includes: Outlot B, William Wardwell Park Add'n; Lots 1 thru 3, Block 1, Dewey Hill Estates Add'n. The areas proposed to be assessed for the cost of proposed improvements under 11. includes: Lot I, Block 1, Warden Acres Scheflo Replat Add'n; Lot 1, Block I, Lot 1 thru 3, Block 2, Warden Acres Austin Replat Add'n; Lot 38, Warden Acres Add'n; Lot 1, Block 1, Lots 1 and 2, Block 2, Narden Acres Peterson Replat Add'n; Lot 15, Block 1, Edina Parklands Add'n; Part of Lot 5 and Lot 6, Garden Park Add'n. The areas under Improvement S-28 and S-29 are not. proposed to- be assessed. . ' . Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Co.urtney Nays: None - Resolution adopted. I FOX HMDOW PARK DISCUSSED. Mr. Rosland recalled that there has been discussion over the past several years about what to do with Fox Neadow Park adjacent to Blake Road, which land had been purchased for park space after the Park Bond Referendum in 1975. The City has not been successful in purchasing additional property from Mr. Leonard for this park, and the Council in the past has never wanted to condemn the property. Therefore, the Park Board was asked to consider a land/cash exchange whereby the City owned lakeshore property would be ex- changed for property owned by Mr. Leonard along Blake Road, and the City would ask for a substantial cash payment in zddition to cornpensate-for the difference in size of the parcels to be exchanged. the park and as easeinent would be retained'for access to the lake for mainten- ance purposes. should not be given up without careful consideration. Member Richards suggested The money could be used to develop . 3fr. Rosland advised that the Park. Board felt this lakeshore 5/18/81 that the Park Board thoroughly explore all the issues involved before recommend- ing any action regarding Meadow Fox Park. MK. Rosland responded that this was brought to Council merely as an update on the park; no action was requested at this time, and fie would ask the Park Board to give the proposal careful consid- eration before recommending any action. RESIDENT'S CONCERN REGARDING USE OF CHEMICALS DISCUSSED. Member Richards advised ' that he had received a telephone call from Mr. Wally 01~011, 5002 Bruce Avenue, expressing concern over the use of certain chemicals in the City. to Mr. Olson that he address his concern to the Council and request the matter be placed on Council's agenda at a future meeting. EDINA/RICHFIELD COUNCIL GOLF GAME ANNOUNCED. Mr. Rosland informed Council that June 23, 1981, is the date set for the Edina/Richfield Councils' golf game at Braemar Golf Course. He suggested No action was' taken. INFORMATIONAL MEETING DATE SET ON MIXED USE DEVELOPMENT PROJECT. Mr. Rosland recalled that the proposed informational meeting on the Mixed Use Gevelopment project had been postponed but has now been rescheduled for Thursday, May 21, 1981, 4 PM, in the Council chzmbers. the Edina HRA, Community Development arid Planning Commission and the Edina Park. Board. well as other interested parties. At this meeting the proposed Mixed Use Development project to be built south of 76th Street on York Avenue will be presented and discussed in some detail. FIRST EDINA NATIONAL BANK SUIT NOTED (SANDPIPER CONSTRUCTION). Mr. Rosland advised Council that a Summons and Complaint was served on the City Clerk with First Edina National Bank, plaintiff vs. Sandpiper Construction, Inc. and the City and that the matter has been referred to the City Attorney. No action was taken. This will be a joint meeting with the Council, Notices will also be sent to the cities of Richfield and Bloomington as 03 0 aa -3 No action was taken. a AMM ANNUAL MEETING TO BE HELD MAY 28, 1981. Mr. Rosland announced that May 28, 1981, is the date of the annual meeting of the Association of Metropolitan Municipalities and if Council members wished to attend they should advise so . reservations can be made. CITY KUAGER VACATION NOTED. Mr. P,osland advised that he will be on vacation from May 22 to June 1, 1981, and that he will be attending the National Cable Convention at his own expense 'during that week. BRAEMAR INSPECTION TOUR DATE SET. Mr. Kojetin confirmed that July 8, 1981, has been set as the date for the Council/Staff Braemar inspection tour. No action was taken. SOUTHWEST SUBURBAN CABLE COMMISSION TO MEET JUNE 20, 1981. that the Southwest Suburban Cable Commission will meet on May 20, 1981, 7:30 p.m. at Edina City Hall and invited Council to atterid. Mayor Courtney advised REVIEW OF DRAFT COMPREHENSIVE PLANS FOR'EDINA/RICHFIELD DISCUSSED. Mr. Rosland informed Council that the staffs of the cities of Edina and Richfield have recently reviewed each other's draft Comprehensive Plans and have found them essentially to be consistent with the goals of both Edina and Richfield. As Council has requested, Mr. Rosland pointed out that only major inconsistencies would be brought to Council's attention. ' No formal action was taken. CITY lLNAGER PURCHASING LIMITS DISCUSSED. suggested the City seek legislation which would permit the City of Edina to grant its manager the authority to approve purchases up to $10,000.00 wiLhout Council Mr, Rosland recalled that Council had approval; the limit to be set by Council resolution. the State Legislature has passed this legislation and it has been signed into law. In order to implement this law Council should pass a resolution to adopt the special legislation and also to set the manager's authority above $2,099.00 if it so desires. Nember Bredesen's motion to authorize the City Manager to spend up to $10,000.00 without Council review assuming that expenditure did not exceed any particular line item or aggregate amount in the budget failed €or lack of a second. Member Richards commented that the purchase procedure as presently esta- blished is a good way for Council to be mare of how taxpayers' mocey is spent. Member Richards then moved to confinxic? matter of purchases authorization to October 5, 1981, when the 1952 budget is approved. Member Bredesen. Ayes : Bredesen, Courtnsy, Richards, ScliI:ifc!t, Turner Nays: None Notion carried. Mr. Rosland advised that Xotion vas seconded Sy 5/18/81 .- 124 CLAIMS PAID. Notion of Member Richards was seconded by Member Bredesen for pay- ment of the following claims as per Pre-List: Fund, $12,660:68; Art Fund, ‘$5,546.50; Park Construction, $99.64; Swimming .Pool, $1,044.91; Golf Course, $19,661.37; Arena, $9,865.90; Gun Range, $1,342.48; Water Fund, $19,340.63; Sewer Fund, $5,432.95; Liquor Fund, $135,683.29; Con- struction Fund, $201,972.98, IBR, $41,295.00; Total, $633,225.62; and for confirmation of payment of the following claims: Park Fund, $1,705.00; Edina Art Center, $4,840.31; Golf Course, $1,698.32; Arena, $77.44; Gun Range, $48.65; \&iter Fund, $514.49; Liquor Fund, $332,408.45; Construction Fund, $7,747.00; Total, $420.354.29. General Fund, $176,258.29; Park General Fund, $71,334.58; .- Ayes: Bredesen, Courtney, Richards, Schmidt, Turner Nays: None Motion carried. Council’s agenda having been covered, Member Bredesen’s motion for adjournment was seconded by Member Richards. Adjournment at 10:50 p.m. Acting City Clerk I