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HomeMy WebLinkAbout19830307_regular235 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY'COUNCIL HELD AT CITY HALL MARCH 7, 1983 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner an' Courtney. ayor Following presentation of the colors by the Moki Camp Fire Group, the Mayor read the following Proclamation: WHEREAS, the National Council of Camp Fire has provided a program responding to the diverse needs and interests of young people for 73 years; and WHEREAS, Camp Fire is an organization open to all youth, regardless of race, creed, sex, economic status or national background; and WHEREAS, the National Council of Camp Fire shall set aside the week of March 13 thru March 20, 1983, as a celebration and shall by various public displays and recognitions share this celebration with their communities; and WHEREAS, Camp Fire provides "opportunities for youth to realize their potential and to function effectively as caring, self-disciplined individuals responsible to themselves and to others, and as an organization to seek to improve those conditions in society which affect youth"; and WHEREAS, Camp Fire is celebrating their 73rd Anniversary since their founding-- the first national organization for girls In the country; and WHEREAS, the Law of Camp Fire states, "Worship God, Seek Beauty, Give Service, Pursue Knowledge, Be Trustworthy, Hold on to Health, Glorify Work, Be Happy"; and WHEREAS, the Watchword of Camp Fire is "Wohelo", Work, Health, Love; NOW, THEREFORE, I, C. Wayne Courtney, Mayor of the City of Edina, do hereby proclaim the week of March 13 through 20, 1983, to be in Edina, Minnesota. CAMP FIRE WEEK PROCLAMATION CAMP FIRE WEEK DARRELL BENZ COMMENDED FOR SERVICE TO CITY. Mr. Rosland commended Mr. Darrell Benz for his service to the City of Edina. He pointed out that Mr. Benz began working for the City in 1958, and has progressed "through the ranks" to his current position as foreman for the street department. As a token of apprecia- tion, Mr. Rosland presented him with a silver pen bearing the Edina Logo. Mr. Benz expressed his appreciation to the Council. MINUTES of October 18, 1982, were approved as submitted by motion of Member Turner, seconded by Member Richards. BRAEMAR HILLS llTH ADDITION (FORMERLY MARTH COURT) FINAL PLAT APPROVED. Mr. Hughes presented. Braemar Hills llth Addition (formerly Marth.Court) for final plat approval, advising that this five lot single family dwelling subdivision is generally located North of W. 78th Street and East of Gleason Road, and that Lot 1 would be retained for the existing dwelling on the site. that preliminary plat approval had been granted subject to recommendations of the Community Development and Planning Commission which included acquiring additional right-of-way for Marth Court located in the proximity of Lots 3 and 4, and which.includes a five foot wide strip presently separating the subject pro- perty from Marth Court and a 10 foot wide strip abutting the East side of Marth Court. Mr. Hughes stated that the proponent has now returned with a final plat for the property but noted that staff had not received an executed easement for the necessary right-of-way, Mr. Hughes advised that if the Council wished to grant final plat approval, it 'should be conditioned upon receipt of the easement by the City together with a parkland dedication fee. James Van Valken- gurg, representing the proponent, advised that an agreement had been reached with Roger C. Evanson, 7717 Marth Court, for acquisition of the necessary right- of-way and the easement grant is ready to be signed and sent to the City Attorney for approval. Mr. Evanson was present and confirmed that he had the agreement and will execute same. In response to Member Richards, Mr. Van Valkenburg clarified that the proponent would pay a parkland dedication fee, but that the developer's payment for the easements should be taken into consideration. Member Richards suggested that a dedication fee of $7,000.be required. There being no further discussion, Member Schmidt offered the following resolution and moved its adoption: He recalled RESOLUTION GRANTING FINAL PLAT APPROVAL FOR BRAEMAR HILLS llTH ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Braemar Hills llth Addition", platted by Anthony G. Santrizos and Georgia H. Santrizos and Northwestern National Bank of Minneapolis 3/7/83 236 City Council and presented at the regular meeting of th f March 7, 1983, be and is hereby granted final plat approval subject to receipt by the City of an executed easement for right-of-way and a parkland dedication fee in the amount of $7,000.00. Motion for adoption of the resolution was seconded by Member Turner. .. -_ Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. .. I HEDBERG AND SONS REZONING AND PRELIMINARY PLAT HEARING CONTINUED TO 3-21-83 As recommended by Mr. Hughes, Member Richards' motion was seconded by Member Schmidt, continuing the public hearing on the Hedberg and Sons property for rezoning and preliminary plat approval to March 21,".1983. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None . Motion carried. HEARING DATE SET FOR VARIOUS PLANNING MATTERS. As recommended by Mr. Hughes, Member Bredesen's motion was seconded by Member Turner setting March 21, 1983, as hearing date for the following Planning matters : 1. Pearson/Elmer Townhouses - Generally located South of Vernon Ave. and a. R-2 Residential District to PRD-2 Planned Residential District b. Westridge Estate - Preliminary Plat Approval - Generally located North of Crosstown Highway and West of MN&S Railroad Residential District Overall Development Plan .** * *.>e I East of Vernon Court -4 Pearson/Elmer Addition - Preliminary Plat Approval 2. 3. Braemar Associates/Klodt Development Co. - Amendment to PRD-3 Planned Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. EAS-T VACATION FOR LOT 1, BLOCK 1, GRAYTOWER ESTATES DENIED. Mr. Hoffman recalled that the hearing for vacation of drainage and scenic easement for Lot 1, Block 1, Graytower Estates had been continued from the Council Meeting of February 28, 1983, so that the property owner could be contacted to determine if the proposed tennis court could be relocated so as not to encroach on the ease- I ment. Neal D. Erickson, 6616 Dovre Drive, stated he was the petitioner for the easement vacation and explained that this was a unique lot with substantial grade differences throughout; that a 40 foot grade drop existed from his house to the proposed tennis court area and that a further drop of 20 to 25 feet occurred from the easement line to the lake. Therefore, the only feasible location for the tennis court was as proposed. question, Mr. Hughes clarified that the Planning Ordinance requires 100 foot easements up fromaall lakes and streams for scenic purposes and open space, and basically speaks to environmental protection. Mayor Courtney asked if there had been any response from neighbors and Mr. Hoffman stated they had been notified but that no one had contacted him regarding the easement vacation. Attorney Erickson advised that changes in the ordinance had been considered about ten years ago and at that time at the insistence of Council the ordinance was retained with the required 100 foot setbacks to protect the areas around lakes and streams as open space by not allowing construction of buildings or other structures of any kind thereon. Member Turner expressed concern that by granting this easement vacation a precedent could be set for similar requests, resulting in over development of areas of lesser size. mitted that a private landowner should be allowed to use his property for recreational purposes such as the proposed tennis court and that it would not obstruct views such as a building would. that the easement Yacation be granted. In response to Member Turner's Member Richards sub- Member Richards then made a motion Motion was seconded by Mayor Courtney. Ayes : Richards, Courtney Nays: Bredesen, Schmidt, Turner Motion .failed. BID AWARDED FOR GUN RANGE FIRE REPAIRS. Mr. Rosland presented tabulation of bids for repair of the fire damage to the Brian Wipperman Memorial-Gun Range building showing Peak Construction Company lower bidder at $6,287.50, Lindstroms at $6,442.06 and Henry 0. Mikkelson Company at $9,745.00. Member Bredesen's motion was seconded by Member Schmidt for award of bid to recommended low '. - : . bidder, Peak Construction Company. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. *-. . 3/7/83 237 BLOOMINGTON/EDINA BOUNDARY STORM SEWER MANAGEMENT PLAN DISCUSSED. Mr. Hoffman presented graphics on the City's updated storm water management plan for South- east Edina, focusing on two aspects: 1) the affects of the plan as related to the development of the Hedberg property and 2) the improvement of the storm sewer on the Edina/Bloomington border. distinct areas: east of France Avenue subdistrict, Edina/Bloomington border subdistrict and the Lake Edina Park subdistrict. system needs improvement prior to or concurrent with any major development East of France Avenue. in developing a joint powers agreement with Edina on constructing the portion of the system on the Edina/Bloomington border, and that the method of financing this improvement is also a concern with the City of Bloomington. They are exploring using a storm sewer tax Improvement District Method (Chapter 444) vs. Special Assessment Method (Chapter 429). Mr. Hoffman requested authorization to negotiate with the Bloomington City Staff on a joint powers agreement. There being no discussion, Member Bredesen's motion was seconded by Member Turner directing the City Staff to negotiate with the Bloomington City Staff on a joint powers agreement for construction of the storm sewer improvement on the portion of the system on the Edina/Bloomington border. He explained that the plan covers three The Edina/Bloomington border Mr. Hoffman advised that the City of Bloomington is interested Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. VERNON AVENUE SPEED LIMITS DISCUSSED. had been received from the Minnesota Department of Transportation (MNDOT) regard- ing the resolution adopted by Council and sent to $hem requesting axeview of findings as to recommended speed limits for CSAH 158 (Vernon Avenue). Mr. Hoffman advised that he had been in contact with MNDOT regarding the speed study and that the State Central Office indicated they would concur with the speed limits as recommended initially by the:District #5 office. had reiterated to MNDOT the position of the Council as stated in the resolution. No formal action was taken. 4TH ANNUAL VOLUNTEERS RECOGNITION SCHEDULED FOR APRIL 26. Member Turner noted that the 4th Annual Volunteers Recognition is scheduled for April 26, 1983, from 5 to 7 p.m. and will be a wine and cheese reception at the Interlachen Country Club and reminded Members to reserve the date. Member Turner inquired if a response Mr. Hoffman added that he MEMBERS RICHARDS AND TURNER TO BE ABSENT FROM APRIL 4 MEETING. Council was advised that Members Richards and Turner will be absent from the Regular Council Meeting on April 4, 1983, but that:three members would constitute a quorum. ADDITIONAL BOARD APPOINTMENTS APPROVED. Mayor Courtney presented the following names of persons and recommended they be appointed as follows: Advisory Board of Health (2 yr term): Dr. Kristofer Hagen (1 yr only) and Mrs. Eff5e McKerson; Edina Heritage Preservation Board: (2 yr term) Mr. John Bailey. *Motion of Member Schmidt was seconded by Member Turner appointing Board members as recommended. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. REMOVAL OF RESTRICTION, LOT 3, BLOCK 1, EDINA OFFICE CENTER GRANTED. Mr. Rosland presented the petition of Northwestern Mutual Life Insurance Company, owners of Lot 3, Block 1, Edina Office Center, for the removal of a restriction as to allowable gross floor area for bGildings within the subdivision. Mr. Hughes ex- plained that the subject lot is located at Parklawn Avenue and West 77th Street and is part of a three lot subdivision that was approved several years ago. Lot 1 is developed with a five story office building; Lot 2 is the site of National Car Rental and Lot 3 is vacant consisting of approximately four acres. In conjunction with the subdivision of this property, the City imposed by a signed and recorded document a restriction which limited the gross floor area of the buildings. Lot 3 was limited to 15,000 square feet of gross floor area which is substantially less than the floor area which would normally be allowed according to the Zoning Ordinance. background information, Mr. Hughes recalled that the restriction was imposed due to concern regarding traffic congestion following an overall traffic study of the Southeast area of the City and in-accordance with the South Edina Plan. Subse- quently, trip generation limits were lifted elsewhere which were previously imposed by the South Edina Plan when it was concluded that the City of Edina was the only community paying attention to the traffic study recommendations. pointed out that if the restriction is removed, the property would be limited to In response to Member Turner's request for He 3/7/83 .- 238 a maximum floor area ratio of 0.5 times the lot area as imposed by the Zoning Ordinance for office buildings. ponent's request. he agreed with the staff report and hoped the Council would endorse it; that the proponent has no specific building plans in mind at present and if the release from the restriction is granted the proponent would then have to come back with site plans for development and follow the normal procedure for City approval. resolution and moved its adoption: Staff would recommend approval of the pro- Bob Worthington, of Opus Corporation, was present and stated With no further comments, Member Richards offered the following RESOLUTION BE IT RESOLVED by the Edina City Council that the Mayor and the City Manager are hereby authorized and directed to execute and deliver an Agreement to remove the gross floor area restriction for Lot 3, Block 1, Edina Office Center, imposed by a document entitled "Agreement (Conditions to Zoning Variance)" dated September 21, 1979, and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1353917, and BE IT FURTHER RESOLVED that in consideration of the release of such restrict- ion that the gross floor area of all buildings or structures now or hereafter located on said Lot 3 shall not exceed-0.5 times the lot area as defined by the City ordinances now in effect. by Member Bredesen. Motion for adoption of the resolution was seconded Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney I Nays: None -- -: Resolution adopted. -_ BIDS AU~ORIZED FOR STREET SURFACING, CURB AND GUTTER IMPROVEMENTS NOS. BA-256, BA-257, BA-258 AND ALLEY PAVING IMPROVEMENT NO. E-31. As recommended by Mr. Hoff- man, Member Richards offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PRDPOSED WROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS BITUMINOUS STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENTS NOS. BA-256, BA-257, BA-258 AND CONCRETE ALLEY .PAVING IMPROVEMENT. .NO, E-31 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice of bids for improvements: . (Official Publication) CITY OF EDINA 4801 TJ. 50TH STREET EDINA, MINNESOTA 55424 HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS BITUMINOUS STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENTS NOS. BA-256, BA4257, BA-258 ii ~ CONTRACT- #83-1 -(ENG) AND CONCRETE ALLEY PAVING IMPROVEMENT NO. E-31 CONTRACT #83-2 (ENG) . BIDS CLOSE APRIL 14, 1983 SEALED BIDS will be received.and op.ened in the Council Chambers in Edina City Hall, 4801 W. 50th Street at 11:OO a.m., Thursday, April 14, 1983. The Edina City Council will meet at 7:OO p.m,., Monday, April 18, 1983, to consider said bids. Contract #83-1: 700 C/Y, Excavation 400 Tons, CL. 2 Gravel 150 Tons, Bituminous and Seal Coat 6,100 L/F, Concrete Curb and Gutter 2,100 S/Y, Sod Contract 1183-2:. 1,200 S/Y, 6" Alley Paving 400 C/Y, Excavation Bids shall be in a sealed envelope with a statement thereon showing'the work covered by the bid. Edina, 4801 14. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. Bids should be addressed to the City Engineer, City of Bids received by the City Engineer Plans and specifications are available for a deposit of 3/7/83 239 (B m a $25.00 (by check). specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. Said deposit to be returned upon return of the plans and The City Council Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall ; .- Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. CLAIMS PAID. of the following Claims as per Pre-List: $10,106.62; Art Center, $5,864.29; Park Construction, $51.30; Golf Course, $609.99; Arena, $6,058.63; Gun Range, $6.36; Water Fund, $1,907.65; Sewer Fund, $149,484.55; Liquor Fund, $1,266.55; Construction, $4.74; Total, $253,110.06., Motion of Member Turner was seconded by Member Schmidt for payment General Fund, $77,299.38; Park Fund, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Mot ion carried. No further business appearing, Mayor Courtney declared the meeting adjourned at 7:50 p.m. -3?4%, LLL Acting City Clerk MINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 7, 1983 The Edina City Council held a closed meeting regarding current litigation at the close of the Regular Council Meeting of March 7, 1983. Present were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. Also present were the City Manager, Assistant City Manager, City Attorney, City Planner and Administrative Assistant. Following discussion on the merits and potentials of the Klein vs. City of Edina suit, it was moved by Member Schmidt and seconded by Member Turner to direct the City Attorney to explore avenues for possible settlement of the suit. Ayes : Nays: Richards Motion carried. Bredesen, Schmidt , Turner, Courtney There being no further business, the