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HomeMy WebLinkAbout19810803_regularMINUTES OF REGULAR COUNCIL MEETING AUGUST 3, 1981 OF EDINA CITY COUNCIL HELD AT.CITY HALL . Answering rollcall were members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. MINUTES of July 20, 1981, were approved as submitted by motion of Member Schmidt, seconded by Member Richards. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. LORRIE WERNESS HONORED AS 1982 AQUATENNIAL QUEEN OF THE TAGS. present to accept the Resolution of Congratulations as read by Mayor Courtney as follows : WHEREAS, as a student at Edina West Upper Division, Lorrie Lee Werness deservedly earned the designation of an Edina West Scholar, an award presented to students of marked Scholastic ability; and WHEREAS, during her college years, Lorrie Werness received numerous athletic and scholastic honors, among which are Outstanding Young Women of America, Mortar Board, and Who's Who among College Students; and WHEREAS, Lorrie Werness not only excelled scholastically, but was well known for her golfing ability, musical talent and beauty as well; and WHEREAS, as the Svenskarnas Dag Queen, Lorrie Werness was a participant in the ' 1982 Aquatennial Queen of the Lakes competition; and WHEREAS, Lorrie Wemess was crowned Queen of the Lakes in the 1981 Minneapolis Aquatennial, competing in a field of forty young women throughout Minnesota who vied for the title; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council express sincere con- gratulations, on behalf of the citizenry as a.whole, to for her many past accomplishments and honors, and particularly at this time for the honor of being chosen 1982 Aquatennial Queen of the Lakes; and BE IT FURTHER RESOLVED that all good wishes go with h2r as she represents the Minneapolis Aquatemial as a resident of the City of Edina in her trzvels through- out the United States. Lorrie Werness was RESOLUTION OF CONGRATULATIONS m < ffl a ZORRIE LEE WERNESS WINFIELD DEVELOPMENT MIXED USE ZONING HEARING CONTINUED INDEFINITELY. 'Mr. Rosland recalled that Ficst Reading of the 'zoning change request of Winfield Developments, Inc., from July 6, 1981, and recommended that it now be continued indefinitely. Member Bredesen's motion was then seconded by Member Richards continuing indefinitely the First Reading for-the property which is generally located South of W. 76th St. and West of York Ave. Srom R-I, Residential District to Mixed Use Development had been continued . Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. 3RfYkDT ADDITION PRELIMINARY PIAT DENIED. ing on preliminary plat for Brandt Addition had been conthued from July 20, 1981. Mr. 'Hughes recalle.6 that the public hear- He explained that the subject property, generally located East of Olinger Road and South of Amy Drive, is a developed single family lot measuring 24,985 square feet in area, with the proponent's home being located on the Westerly portion of the lot and fronting on Olinger Road. Mr..Hughesadvised that the property is a long, narrow corner lot measuring 95.5 feet in width and approximately 240 in depth and that the proposed subdivision would create one new buildable lot which would be '140 feet in width and 95.5 feet in depth. 12,860 square feet and that the proposed dwelling meets setback and lot coverage requirements, and that the staff and Community Development and Planning Commission have recommended denial of the plat in that the lot is oriented the wrong way since the Zoning Ordinance specifies that the minimtrm lot depth must be 120 feet. He added that Council approval must be conditioned on the proponent,seeking a lot depth variance. Mr. Jon Brandt, 5829 Olinger Road, owner of the subject property, showed slides indicating relative configuration of the existing and proposed Louses as they would sit on the plat and. said that the proposed lot would exceed ninimum lot size by'40% and is larger than almost all of the lots on Amy'Drive. He saic! that he is not requesting a varlance in lot depth, merely for a definition so that the width and depth can be reversed; ectly across the street was granted a variance for the same situation and showed examples of five lots within six blocks of his property which he said were situ- He explained that the lot area is I He advised also that the house dir- 8/3/81 ated on lots with problems which were similar to his:. Mr. Brandt said that- he believed that his property should be given the same consideration as a corner lot. Mrs. Jean Upson, 5809 Amy Drive, objected to Mr. Brandt's comparison af his lot to a corner lot. She objected that Mr. Brandt's pictures were mislead-: ing, and sarid that neighbors should be able to assume that the property would not be subdivided. Ms. Upson said that there is no precedent for change. In response to a question of Nrs. Upson, Mr. Hughes said that the only similar . situations as to lot depth are in the Norningside area. Mr. Hughes referred also to the fact that a similar.situation in McCauley Heights 7th Addition had been denied and said that the house across the street to which Mr. Brandt had referred was on a comer lot on which the house could face either direction. Objecting also to the proposed plat were Mr. Ward Wheeler, 5901 Olinger Road, Mr. William Leadens, 5917 Amy DrivGand a lady who identified herself as living across the street from the subject property. -They all objected that the -value of their property would depreciate with the loss of privacy. Speaking in favor of the plat was Mr. Gerald Fingerman, 5914 Olinger Road. Mr. James Whalen, a real estate broker for Harvey Hansen Realotors, said that, if the subdivision is approved, the resulting lot would sell for $40,000 or $45,000 and a house on a lot of that cost would cost a minimum of $150,000. He said that the lot-is now only a breeding ground for mosquitoes and does nothing to enhance the neigh- borhood- . plat as recommended by the Planning Commission, was seconded by Member Schmidt. . Rollcall: No further comments being-made, Ifember Bredesen's motion to deny the -. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays:. None Motion carried. YORK CONDO APPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS DECISION CONTINUED. lfr. Hughes recalled that the appeal of residents living at 7200 York from a Board of __ Appeals and Adjustments decision had been continued from the Council Meeting of July 6, 1981. He recalled further that the Board of Appeals and Adjustments had, on June 18, 1981, after considering'the matter for the past two years, ordered construction of 20 of the 26 parking spaces required for 7200 York Ave., with the need for the remaining six required parking spaces to be continued for: 1- approximately one year, and recommended that the decision of the Board of Appeals and Adjustments be upheld. Mr. Hughes referred to the Proof of Parking Agreement between the City and York Condo Association, Inc., under which the City could order additional parking spaces if a need for additional parking spaces be required. Mr. Gregory L. Rothnem, attorney for York Condo Association, kc., ~ questioned how the City could impose a 60% open space restriction and then order parking spaces which would reduce that open space, new residents of the building were not aware that these additional parking spaces would be necessary. the City leave the Proof of Parking Agreement in force, and emphasized that he does not believe that there is a shortage of parking spaces and that residents want green open space and not more parking lots. Mr. Loren Law said that he is the owner-of units in both 7200 and 7220 .Pork Ave. and that he represents residents living in 7220 York. Mr. Law said that he had taken surveys every day for the past ssven months and that he had found no evidence of a parking shortage. point in time. occupants at 7220 York Ave. S..urging that the parking variance be'granted on a permanent basis. back-up on to .York Ave. when cars try to get in and out of the first parking spaces inside the driveway. Mr. Theodore Hyder, 7200 York Ave., objected that Mr. Law's claims are not true. apartments in 7200 York Ave., with 7220 York Ave. having some 80 to 85 unoc- cupied units, and that the difficulty in finding parking spaces increases whenever there are parties in.the party room. forced to park his car two blocks away from the front entrance of the.building. >k..Heider objected that Mr. Law is an investor who does not live in the build- ings. that her guests have had trouble parking, , . their cars in the evening and said that the Council should order'the building to be brought up to code as .far as parking is concerned. It was also brought out that the existing stalls are too narrow. spaces also was Mr. Lawrence Evert, who said that his guests have had to park at Yorktown Fashion Mall. manent variance wsre Messrs. *H. B. Gilman, Donald Fridell, Vernon Larson and times. S:le Taylor, Mary Fran Nelson and -Irma Parson. bringhg the parking la,t up to code, is only postponing the inevitable and that. future buyers will be faced with paying higher costs. He pointed out that Mr. Rothnem requested a permanent parking variance or that- He said that it is unfair to require additional parking at this E.x. Law presented a petition signed by 42 out of 50 owner He noted a hazardous condition that exists because of the He pointed out that there are still vacant - He claimed that he has been Mrs. Janet Halpern advised Requesting- additional parking . Those speaking.at the meeting and requesting a per- Cliff Carlson, Wallace Knutson, Virgil Duneer, . Bfember Richards said that the City, in postponing Member Turner suggested 8/3/81 .. 193 cr) that the need for multiple car families will gradually lessen and that she would not support the Board of Appeals and Adjustments at this time. The Mayor said that he found no problem parking for a party on a Saturday night, but objected to the way the parking stalls are presently designed. In response.to the ques- tion in regard,to the 60% lot coverage limitation, Mr. Ericlcson advised that the City Council has the power to amend, revise, revoke or terminate any such restric- tion and said that he would review the agreement with the York Condo Association further. of proving that its ordinances are valid. Following lengthy discussion, Member Richards' motion was seconded by Member Bredesen, affirming the decision of the Board of Appeals and Adjustments to deny the variance and that options for safety be investigated. Mr. Erickson emphasized that the City should not have to be in a position Rollcall : Ayes: Bredesen, Richards, Nays: Schmidt, Turner, Courtney Motion failed. . Member Schmidt explained that she had voted against the motion because she could not vote in favor of the existing dangerous parking design, but that she firmly believed that there should be no variance to the number of parking stalls. She then moved that the Council oppose the decision of the Board of Appeals and Adjustments and that the variance be extended until February 1, 1982, at which time the Association must bring a new site plan for 27 additional parking spaces which has been worked out with the Traffic Safety Committee (because of'congestion on York Ave.) and approved by the staff. Rollcall: Ayes: Bredesen, Richards, Schmidt, Courtney Nays: Turner Motion carried. Motion was seconded by Member Bredesen. ORDINANCE NO. 811-A147 GRANTED SECOND READING. Mr. Hughes presented Ordinance No. 811-9147 for Second Reading, recalling that this zoning request changes pro- perty located on the West side of France Ave. South of Morningside Road from C-4 District to PRD-5 Planned Residential District as recommended by the Commdity Development and Planning Commission. a broader look at the entire 44th and France area. Member Bredesen offered the following ordinance for Second Reading and moved its adoption : Member Bredesen asked that the City take No objections being heard, ORDINANCE NO. 811-A147 AN ORDIXYNCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-5) THE CITY COUZKIL OF THE CITY OF EDINA, NINNESOTA, ORDAINS: Paragraph 4 of Se'ction 5 of Ordinance No. 811 of the City is enlarged by adding the following thereto: enlarged by adding the following thereto: Section 1. "The extent of the Planned Residential District (Sub-District PRD-5) is The North 149.7 feet of Lot 79, Morningside (which is in Sub-District Sec. 2. This ordinance shall be in full force and effect upon its passage PRD-5) . and publication. Motion for adoption of the ordinance was seconded by Member Schmidt. Rollcall : Ayes : Bredesen, PLchards , Schmidt, Turner, Courtney Nays: None . Ordinance adopted . ATTEST : 4LL-u . d.4h City Clerk LOT' 1, BLOCK 1, PAUL KLO2T FIRST ADDITION DIVISION APPROVED. sented the petition for division of Lot 1, Block I, Paul Klodt First Addition., generally located South of W. 76th Street and East of York Ave., recalling that it is proposed to construct a one story office building on the Southerly portion of the site, and noted that a setback and parking variance will be necessary be- for the proposed building is constructed. MI-. Hughes further emphasized that the 50 foot conservation restriction must be landscaped and -that the land West of the A1 Johnson property must be sodded or seeded. division ncjt become eEfective unless the strip of land along the Weste.rly side of the A1 Lbhnson building is either combined with Lot 1, Block 1, Al Johnson Addition or remains an undivided part of Lot 1, Block 1, Paul Kloclt Addition. Mr. Joseph Zwack, represenking Klodt & Sons, advised that: they are maintaining the Mr. Hughes pre- Me also recommended that the lot f 8/3/81 berm on the East and West sides of their property. comments on the special assessments levied against the property, Mr. Erickson recalled that the City had been in court on the assessments and that they had been settled by a written agreement and that the total assessment was against. the entire parcels and not only on the 40 foot strip. He clarified that the 1: court case resulted in a situation where the assessments were no longer subject to attack. Following considerable discussion, Member Bredesen offered the fol- lowing resolution and moved its adoption: RESOLUTION WHEREAS, the following described tracts of land constitute various separate parcels : In response to Mr. Zwack's . Lot 1, Block 1, Paul Klodt First Addition; and Lot 1, Block 1, Al Johnson Addition; and WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels") : That part of Lot 1, Block 1, Paul Klodt First Addition, lying Northerly of a line drawn Westerly perpendicular from a point on the East line of said Lot 1 distant 177.36 feet Southerly of the Northeast comer thereof, said line terminating 193.87 feet Westerly of the East line of said Lot 1; and Tne Westerly 37.73 feet of the Northerly 297 feet of Lot 1, Block 1, Paul Klodt First Addition, and Lot 1, Block 1, Al Johnson Addition; and That part of Lot 1, Block 1, Paul Klodt.First Addition, except that part lying Northerly of a line drawn Westerly perpendicular from a point on the East line of said Lot 1, distant 177.36 feet Southerly of the Northeast comer thereof, said line terminating 193.87 feet Westerly of the East line of said Lot 1; and except the Westerly 37.73 feet of the Northerly 297 feet of said Lot 1, Block 1; and WEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of saia Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances; and BE IT FURTHER RESOLVED that this lot division shall not become effective unless the strip of laah along the Westerly side of the Al Johnson building is either combined with Lot 1, Block 1, Al Johnson Addition or remains an undivided part of Lot 1, Block 1, Paul Klodt Addition. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted .- HEARING DATES SET FOR VARIOUS PLANNING MATTERS. Member Bredesen's motion was seconded by Member Turner, setting August 17, 1981, for the following hearing dates: 1. Michael-Northwestern Partnership - Appeal from Board of Appeals and Adjust- ments Decision; 2. Cecere Addition - Preliminary Plat Approval - Generally located East of Ryan Ave., West of Parnell Ave. and South of TJ. 65th Street extended; 3. Penalty Provision of Zoning Ordinance As recommended by Mr. Hughes, I Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. CREEK VALLEY TENNIS COURT BID AWARDED. bids received for repair of the tennis court fence at Creek Valley Pkk which --:: Nr. Rosland presented tabulation of two damage was caused by the tornado showing Tennis West Ltd. low bidder at $3,965.00 and Crown of Minnesota at $4,755.00, recomnended low bidder, Tennis blest Ltd., was seconded by Member Schmidt. Member Bredesen's motion for award to - Ayes: Bredesen, =chards, Schmidt, Turner, Courtney Nays: None fition carried. SEPTEMBZR COuhCIL MEETING DATE CHANGED. kill be four weeks between the August 17, 1981, meeting and the September 14, 1981, Being advised by Mr. Rosland that there 8/3/81 meeting, member Bredesen's motion was seconded by Member Schmidt, setting the meet- ing date which would normally fall on September 14, 1981, for August 31, 1981, Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. COMMUNITY TASK FORCE REPORT ON CHEMICAL ABUSE CONTINUED. As recommended by Mr. Rosland, Member Turner's motion was seconded by Member Richards, continuing the Community Task Force Report on Chemical Abuse until August 17, 1981. Ayes : Bredesen, Richards , Schmidt, Turner, 'Courtney Nays: None Motion carried. MEMBER RICHARDS PROPOSED FOR A.M.M. BOARD MEMBERSHIP. land that there is a vacancy on the Association of Metropolitan Municipalities Board of Directors, Member Bredesen's motion was seconded by Member Schmidt and unanimously carried, that the Mayor and Manager be authorized to sign a letter to be sent to the Executive Director of the A.M.M., submitting the name of Member Rich- ards as a new board member. Being advised by Mr. Ros- SANITARY SEWER CONNECTION APPEALS FROM BOARD OF (BUILDING) APPEALS DECISIONS HEARING DATES SET. of (Building) Appeals decision regarding sanitary sewer connections for Mrs . Carl 0. Rice, 5113 Schaefer Road, and Mrs. B. A. Dvorak, 5400 Akers Lane, Member the Board of (Building) Appeals decision, was seconded by Member Bredesen. Being advised that appeals had been received from the Board Richards' motion setting August 17, 1981, for hearing date on these appeals from .. Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. BEARD COURT STRXET SURFACING PETITION REFERRED TO ENGINEERING DEPARTMENT. 'AS recommended by Mr. Rosland, the petition of Ms. Wilma Aufderheide, 5505 Beard Ct., for resurfacing of Beard Court was referred to the Engiceering Department by motion of Member Bredesen, seconded by Member Schmidt. Ayes : Bredesen, Richards, Schmidt , Turner, Courtney Nays: None Motion carried. , HOUSING CONCERNS DISCUSSED. been appointed to the Association of Metropolitan Mmicipalities Iiousing Cominittee and invited Council's input on the proposed A.M.M. Housing Poli.cy which will be discussed. She said that a confer'ence would be held on September 16 on Afford- able Housing and that complete details would be mailed to Council in a few weeks. No action was taken. Meinber Turner advised Council that she has 'recently "CONGRATTJLATIONS BOOR" DISCUSSED. The Mayor ref erred to the "Congratulations Book" which has been circulated to Council, which book contains letters of congratula- tions and appreciation written to staff members. The book will be maintained, with copies of each letter furnished to Council. No formal action was taken. DATA PRIVACY DISCUSSED. Mayor Courtney spoke of hezring an attorney talk to the Mayors on Data Privscy and suggested that it would be worth while for Council to be-made aware or' the perti-nent-laws. able to make such a presentation. No forinal action was taken. MINNEHAHA CREEK DREDGING EXPENDITURE APPROVED. Mr. Rosland advised that the MMe- haha Watershed District has agreed to do additional dredging of the Creek aro~nd'. 44th and Brookside Ave., provided the City would share the additional cost of the work. Mr. Hughes had recommended that this additional work be done. motion authorizing expenditure of $5,000 for the City's share of the dredghg cost was seconded by Member Schmidt. Mr. Rosland said that Mr. Erickson would be I He advised that tge City's share of the cost would be $5,000, and chat Member Schmidt's Ayes : Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion canied. . ORDINANCE NO. 1032-A1 ADOPTED; SECOND READING WAIVED. .Member Bredesen offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDINAETCE NO. 1032-A1 AIJ ORDINANCE AMENDING OPJ3INANCE 30. 1032 TO AUTHORIZE THE CITY MANAGER OR IiIS DESIG%TEE TO --- ISSUE PERPIITS FOR LOUDSPEAKERS THE CITY COUNCIL OF THE CITY OF EDINA, XIHNESOTA, OEDAINS: 8/3/81 196 Section 1. the following section: Sec. 3. Permit Necessary for Loudspeakers. No person shall use or operate, or cause to be used or operated in any public street cJr place, or from any aircraft, or in front of or outside of any'building, place, or premises, or in or through any window, doorway or opening of such building, place ot pre- nises, abutting on or adjacent to any public street or place, any device, appara- tus or instrument for the amplification of the human voice or any sound or noise, or other sound-making or sound reproducing devices, without a written permit issued by the City Nanager or his designee. Motion for adoption of the ordinance was seconded by Member Schmidt. Ordinance No. 1032 is hereby amended by replacing Section 3 with I Rollcall: Ayes : Bredesen, Richards , Schmidt , Turner, Courtney . Nays: None Ordinance adopted. e-=& Yo= ATTEST: -cL--ce. &-fh City Clerk ORDINANCE NO. 1111-A8 ADOPTED; SECOND WDINGWAIVED. Member Bredesen offered Ordinance No. llll-A8 for First Reading, with waiver of Second .Reading and moved its adoption: ORDINANCE NO. 1111-A8 AN ORDINANCE AMENDING ORDINANCE NO. 1111 TO SET A WATERING BAN DURING HIGH USAGE PERIODS 1 AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, lIINNESOTA, ORDAINS: Section 1. Ordinance No. 1111 of the City is hereby amended by adding. thereto the following section: "Sec. 9. Water Ban. In addition to the limitation of water usage dur- ing emergencies, there is imposed an odd/even watering ban from May 1, through September 1 annually. All addresses ending in an even digit may water on even numbered days and addresses ending in an odd digit may water on odd numbered days. This ban does not apply to private wells. The penalty provisions of . Ssc. 8 (b) of this ordinance shall apply to violations of this section." age and publication, Motion for adoption of tlre ordinance was seconded by Member Schmidt. . Rollcall: . Ayes: Bredesen, Schmidt, Turner, Courtney I *- Sec. 2. This ordinance shall be in full force and effect upon its pass- gays: Richards, who said that he believes that t lation is mnecessary. Ordinance adopted . ATTEST : L.L.73- -fru lL City Clerk CLAIMS PAID. ment of the following Claims as per Pre-List: General Fund, $102,275.69; Park Fund, $6,109.61; Art Center, $1,319.98; Park Construction, $96.90; Swhtining . Pool, $6,798.23; Golf Course, $7,524.46; Arena, $8,152.00; Gun Range, $1,459.94; Water Fund, $22,977.86; Sewer Fund, $4,623.83; Liquor Fund, $4,614.73; Con- I struction, $2,743.44; Total, $168,696.67. Motion of Xember Schmidt was seconded by Ifember Richards for pay- Ayes: Bredesen, Richards , Schmidt, Turner, Courtney Nays: None Hotion carried. No further business appearing, the Nayor declared the meeting adjourned. Adjournment at 10:20 p.m. .I- d.7d44.uL. City Clerk