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HomeMy WebLinkAbout19840521_regularI 14a Q eo (b 5 m. I I MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 21, 1984 Answering rollcall were Members Bredesen, Schmidt, Turner and Mayor Courtney. JERI MARTY COMMENDED. Mr. Rosland introduced Mrs. Jeri Marty advising that she and her husband will be leaving the state. He commended her for her conscientious and outstanding work as Administrative Secretary in the year's time that she has been employed for the City and presented her with a silver pen bearing the City logo in appreciation. Members of the Council also expressed their thanks and appreciation and joined in wishing her well. PUBLIC HEARING CONDUCTED ON STREET IBPROVEBENT NO. P-BA-262 (W. 44TH STREET); HEARING CONTINUED TO JUNE 18, 1984. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, &a public hearing was conducted and action taken as hereinafter set forth: A. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER, SIDEWALK AND MINNEHAHA BRIDGE REPLACEMENT IMPROVEMENT NO. P-BA-262 IN THE FOLLOWING: West 44th Street from Brookside Terrace to T.H.. 100 Mr. Rosland presented total estimated cost of construction for P-BA-262, West 44th Street from Brookside Terrace to T.H. 100, at $356,063.23, with estimated cost to be paid by State Aid funds of $338,753.23, and estimated cost to be assessed at $17,310.00 proposed to be assessed against 865.50 asseszable feet at $20.00/per foot. Engineer Hoffman advised that the proposed project corkists of constructing a *new bituminous surface with concrete curb and gutter the entire distance from the So0 Line Railroad to T.H. 100. Additionally', a concrete sidewalk adjacent to the curb would be con- structed on the north side of the roadway.which would be maintained by the City. The proposed street would be 36 feet wide from Brookside Avenue to T.H. 100 with parking restricted on the north side; an alternate would be 32 feet wide with no parking either side. He noted that these dimensions are minimum widths required for use of Municipal State Aid Funds. replacement of the current structure at Minnehaha Crzek. could be accomplished in 1984 or early 1985. 1985 with the initial installment due in 1986. assessed over a ten year period, with an annual rate of interest not to exceed the amount allowed by law. width in feet of West 44th Street and advised that a copy had been mailed together with a letter to the residents who had presented a petition to the Council at its meeting of April 16, 1984, and who had asked-to be notified of the public hearing. West 44th Street is a collector street with approximately 2500 vehicles per day and thus is eligible for use of gas tax funds. Staff feels that no significant changes will occur as to traffic volume and speeds and that the area around the bridge will be a safety improvement over existing conditions. that the main issue of concern appears to be the width of the existing street versus proposed widths. each direction with parking on one side, or to ban parking along the street in the project area. ing standards applied to development of a city street system. Mr. Hoffman then presented the following alternatives: 1) 36 feet wide with parking allowed on the south side, fundable through use. of gas tax monies and standard assessment to adjacent property owners,'2). 32 feet wide with no parking allowed'either side, owners, 3) less than 32 feet wide with no 8arking allowed or parking with desig- nated hours, funding unknown as to whether 'a variance could be obtained for use of gas tax funds or by general assessment, and 4) no construction on the roadway. 14r. Hoffman then explained how alternatives one through three would be constructed and also how the bridge structure could be positioned. Member Bredesen asked what the logic was for building the roadway to the 32 foot standard. Mr. Hoffman explained that studies have shown that on collector streets the safest configuration is one. that has 12 foot-traffic lanes and that on a narrower street there is less of a safety margin because there is no setback for the sidewalk. Member Bredesen then asked when the portion of the roadway from Mackey Avenue to Wooddale would be improved and if 44th Street would lose its eligibility for gas tax funds if the proposed improvement were funded by other means. Mackey Avenue to Wooddale is not presently in-the City's five year reconstruction plan. Also, that 44th Street would remain on the State Aid system regardless of the funding for the proposed improvement. proposed improvement were the following: Kelsey Smith, 4801 W. 44th Street, Bob Larson of Morningside, Walter Schulz, no address given, Jim Welna, 5139 W. 44th Street, E. Dudley Parsons, 4437 Brookside Terrace, Terry Morrison representing the Bonn family at 4383 Thielen Avenue, Bob Mazeiner, 5101 W. 44th Street, Dennis Coyne, 4601 W. 44th Street, Cathy Steim, 4520 W. 44th Street, Robert Drake 4164 W. 44th Street and Marsha Jones, 4709 W. 44th Street. Concerns voiced were that widening the roadway would change the character of the neighborhood, trees would be removed, The major portion of the project would include Assessments would then be levied in The improvement is proposed to be If approved, construction Mr. Hoffman presented a graphic showing the average current Mr. Hoffman noted The project proposes to continue to have one lane of traffic in This type of project is in character with normal modern day engineer- . fundable through use of gas tax monies andstandard assessment to adjacent property Mr. Hoffman responded that the portion from Appearing and speaking in opposition to 5 121184 traffic speeds would increase together will traffic volume, that property values would be affected, and that the width established would set a precedent for the remainder of 44th Street when future improvements are proposed. Member Bredesen commented that many questions have been raised regarding the proposed improvement and that the residents have voiced opposition to widening the roadway to 32 feet or 36 feet to meet State Aid standards for gas tax funding. the Council to make a decision the questions would have to be addressed. advised that, based on the comments from the residents, staff could bring a revised proposal back for Council's consideration. hearing be continued to June 18 to allow staff to prepare a proposal which would address the concerns of the residents. He added that in order for Mr. Hoffman Member Bredesen then moved that the I Motion was secbnded by Member Schmidt. Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. PUBLIC HEARING HELD ON AQUATIC MEED IMPROVEMENT P-AQ-84-3; IMPROVEMENT ORDERED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, a public hearing was conducted and action taken as hereinafter set forth: A. AQUATIC IJEED IMPROVEMENT P-AQ-84-3 IN THE FOLLOTJING: Indianhead Lake Mr. Hughes presented total.estimated cost of Aquatic Weed Improvement P-AQ-84-3 as follows: Weed Harvesting $5,200 and Aeration and Treatments at $5,200, totaling $10,400.00, proposed to be assessed at $315.15 per dwelling for properties abutting Indianhead Lake in southwest Edina. 1984. Assessments would be levied later this year and would be due and payable in full in 1985. Mr. Hughes added that letters have been received from omers of the properties at 6613 Dakota Trail and 6409 Indian Hills Road, objecting to being included in the assessment area. He noted that these properties front on a small lagoon connected to the north end of Indianhead Lake and because they do not front on the lake they do not consider their properties benefitted by this improvement. In response to question of Member Schmidt as to erosion of soil into the lagoon, Mr. Hughes stated that this is a problem, and that it is hoped that a smaller weed cutter could be utilized in that area. Algae is also 'a- problem on the north end and it is anticipated that a permit can be obtained to use copper sulphate on the lagoon which is very effective in removing algae. stated he was speaking both as a resident on the lake and as a representative of the Board of Directors of Indianhead Lake Association. He noted that about four years ago a lake restoration project was undertaken by the association on a voluntary contribution basis.. The Board would therefore recommend that the project be approved and that the cost be assessed to benefitted property owners. the Board would like the Council to consider in the future a ban on phosphates as lawn fertilizer . resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: If approved, this project will be undertaken in Robert Perkins, 6909 Dakota Trail, I Mr. Perkins added that No further comment 'being heard , Member Turner offered the following RESOLUTION ORDERING AQUATIC WEED IMPROVEMENT AQ-84-3 AQUATIC WEED IMPROVEMENT NO. AQ-84-3 IN TJ3E FOLLOWING: Indianhead Lake and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fulPy advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance for such improvement ; that said improvement is hereby designated and shall be ref erred to in all subsequent proceedings as AQUATIC WEED IMPROVEMENT NO. AQ-84-3 and the area to be specially assessed therefor shall include Lots 2-6, Block 5, Indian Hills; Lots 12-19, Block 5, Indian Hills; Lots 1-5, Block 1, Indianhead Crest; Lots 1 and 2, Block 1, Indianhead Lake View Addition; Lot 35, Auditors Subdivision No. 196; Tract A, . R.L.S. No. 86; Lots 1-3, Block 1, Claudia Ridge; Lots 1-3, Block 2, Sally Addition; and Lots 1-5, Block 1, Overholt Hills James Addition. Motion for adoption of the resolution was seconded by Member Bredesen. - Rollcall: # I Ayes: Bredesen, Schmidt, Turner, Courtney Resolution adopted. PRELIMNARY PLAT FOR GUSTAFSON REPLAT OF LOT 5, BLOCK 1, INDIAN HILLS CONTINUED TO JUNE 4, 1984; FINDINGS, REASONS AND DECISION TO BE PREPARED. that the public hearing on preliminary plat approval for the Gustafson Replat of Lot 5, Block I, Indian Hills, had been continued from the Council meeting of May 7, 1984. The subject property involves a single family lot developed with one home, located on the west side of Indian Hills Road. At the May 7 meeting, the Council asked staff to analyze various lot sizes in the vicinity, to review setback of houses from Arrowhead Lake particularly as it relates to the' platting ordinance requirement for a 100 foot protective easement around the lake, and to provide some clarification of what exactly the Planning Commission considered when they recommended denial of the subdivision. Mr. Hughes advised that staff analyzed lot areas within a 1,000 foot Planner Hughes advised , *_ 5 /21/84 (P 5 51 radius of the subject property. lot size within this radius is approximately 40,500 square feet. lot area is skewed upward somewhat due to the presence of some very large lots. The graphic also showed areas of platted lots which border on Arrowhead Lake. The average area of these lots is about 42,000 square feet. The median area is about 32,000 square feet which likewise shows the skewing effect of some very large lots. Mr. Hughes noted that due to the sophistication of the equipment used, that the accuracy of these measurements is in the range of plus or minus five percent. explained that the applicant’s surveyor has reshot the elevation of Arrowhead Lake and has recomputed the lot sizes to be now 38,700 square feet for the large lot and 34,500 square feet for the smaller lot. of the center lot line. of water area. on which staff had highlighted the locations of existing homes on Arrowhead Lake and on which was drawn a line depicting a 100 foot setback from the shoreline. He elaborated that very few properties on the lake have been replatted since the sub- division ordinance was amended to require a 100 foot wide conservatioi restriction. Some of the homes on the westerly side only maintain a setback in the 40 to 50 foot range, while some of the southerly homes exceed the 100 foot setback. noted that although the applicant in the recent Peterson Replat was advised of the 100 foot requirement, a conservation restriction was not received prior to final plat approval. restriction to the City, it is apparent that a restriction of 100 feet in width would not be possible unless the existing house on the property was affected, and would perhaps cause the new home on the site;to be constructed slightly closer to Indian Hills Road, Mr. Hughes indicated that he had spoken with Johri Palmer and Helen McClelland of the Planning Commission. for denial was that the lot under consideration was more closely akin to the large lots on the east side of Indian Hills Road, whereas the Peterson property to the west was more closely akin to the line of smaller lots which come up from the south. They also cited factors involving the topography of the lot under consideration and that more trees would be involved. consideration was much more visible as one entered Indian Hills and therefore, given the topography a second house would be more noticeable. questioned if the conservation restriction of 100 feet would apply to the lagoon. Resources (DNR) they presented conflicting evidence. The old geological survey maps indicate it to be one water body, but the recently completed wetlands map shows two separate basins and a field investigation would be required to make a determination. Speaking in opposition to the proposed subdivision were the following: Richard Smith, 6600 Mohawk Trail; Don Buck, 6509 Indian Hills Road; Bob Gardner, 6620 Indian Hills Road; Monica Flynn, 5312 Post Lane, President of Indian Hills Homeowners Association; Joe Buchan, 6616 Indian Hills Circle; and Katie Lund, 6308 Indian Hills Road. Greg Gustafson, representing the proponents, pointed out the following regarding the proposed subdivision: 1) the smaller of the proposed lots is 50% larger than the smaller of the Peterson lots recently subdivided, 2) the site is buildable and is perfect for a walkout home, 3) the pond is totally separate from the lake as recently surveyed, 4) a 75 foot conser- vation restriction from the lake is proposed, 5) the existing house on the property will be destroyed, and 6) many of the lots-in Indian Hills are too small.in size to be subdivided. Mr. Gustafson noted that the law provides for equal treatment of equal situations and that’the proponents are asking to be treated.in a fair and equal way consistent with the Peterson subdivision. Also speaking in support of the proposed subdivision were: Ginger Kauppi, 4948 Poppy Lane, a former resident of Indian Hills; and Pat Lewis, 6821 Cheyenne Trail. Ron Krueger, surveyor for the proponents, stated that the proposed subdivision was recently surveyed by him and he confirmed the fact that the pond is separate from the lake, having some 80 feet of land between the pond and the lake. both of the proposed new lots would have to comply with the 100 foot conservation restriction setback, and if a judgement were made that the pond is part of the lake, whether.there would be a building site on both lots that would comply with the setback requirements. but the southerly house could not if the setback was measured from both the main part of Arrowhead Lake as well as from the pond. requirement in that area is greater than 30 feet. Jeff Gustafson, proponent, noted that with regard to conservation easeme,nts from public bodies of water, the State of Minnesota has accepted a 75 foot setback as being reasonable. Member Turner askedif a variance could be requested for the100 foot conservation restriction. Attorney Erickson stated that there is a proc’ess in the platting ordinance for a variance, but that apparently this has not been followed. stated she did not support the subdivision as requested although lot sizes are consistent. a variance from the shoreline conservation restriction, that the pond should be He presented a graphic showing that the median The median lot ’ area was determined to be about 34,500 square feet. This indicates that the average He Also included is some minor realignment He explained that all the lot measurements are exclusive Mr. Hughes then showed a second graphic of an aerial photograph . I Mr. Hughes If the applicant in that case would now grant a conservation They both felt that the rationale Mr. Palmer also mentioned that the lot under Member Turner ‘ Mr. Hughes replied that in consulting the Department of Natural I - Member Turner questioned whether , Mr. Hughes responded that the northerly house could comply, Also, the front yard setback I Member Turner then However, she added that she felt strongly that the Council not grant 5 1211 84 considered a part of the lake and that the setback should follow along that part, and therefore there are not two buildable lots. Mr. Erickson advised that the est- blished proecdure in matters like this is to authorize staff to prepare Findings of Fact for Council's review in making a decision. staff be directed to prepare Findings, Reasons and Decision for review by the Council at its meeting of June 18, 1984. Motion was seconded by Member Bredesen, who stated that he had heard nothing from the public comments to indicate that a wrong decision had been made by the Planning Commission. Member Turner then moved that the Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. I Mr. Erickson noted that the statutory period of 120 days from date of application would expire and asked the proponents if they would agree to an extension. Gustafson stated they would agree to an extention. Mr. Greg - PRELIMINARY PLAT APPROVAL FOR 3fILLER ADDITION CdNTINUED TO JUNE 4, 1984. of Notice were presented by Clerk, approved as to form and ordered placed on file. Affidavits Planner Hughes presented the request for preliminary plat approval for the Miller Addition,.generally located west of Dearborn Street and north of Belmore Lane. noted that the subject property has a long and complicated history and measures approximately 67,500 square feet in area and is zoned R-1 Single Dwelling Unit District. The property is comprised of nine, pre-existing R-1 lots as well as a portion of a vacated street. All of the R-1 lots measure 46 feet in width and are therefore non- conforming. One of the nine lots is owned by the City (the center lot) due to a tax The remaining eight lots are owned by the proponent. is access. The property lies at the junction of two major plats of northwest Edina. Mendelssohn Addition is the easterly plat that includes much of the portion from Tyler Avenue to the east and West Minneapolis Heights starts at Tyler Avenue and goes west. When originally platted, the west one-half of the Tyler Avenue right of way was dedicated by West Minneapolis Heights. dedicated by Mendelssohn. In 1965, the City vacated the west one-half of Tyler Avenue in response to a petition. As a result, the loks composing the subject pro- perty lost their frontage on a public street right of w:~. via a 12 foot wide alley from Belmore Lane. The southerly six lots of the property subsequently forfeited for non-payment of taxes and were acquired by the proponent, with the exception of the City lot. The northerly three lots were developed with a dwelling which received access via a long driveway from Harrison to the west. This dwelling was destroyed by fire several years ago and was not rebuilt due in part to its lack of frontage on a public street. these lots. property is afforded by the Spruce Street right of way located at the north of Dear- born Street. length between Belmore and Spruce Street. as well as all of Spruce is unimproved. to occur to get to the property. bnly to the northerly portion of the property. locked. the property due to insufficient lot depth. properties to the east or west being bordered on three sides by a public street. A public street could perhaps be extended from Harrison. Although no right of way -exists for such a street, it. appears that some parcels presently owned by the public could be used as right of way for a street. To remedy this problem,'the proponent has suggested that a new cul de sac be extended'westerly from the present terminus of Dearborn Street. to the requirements of the Zoning Ordinance. owned lot be returned to the State in that its use for drainage purposes will no longer be necessary after the street and storm sewer afe extended into the area. hoped that this lot could be acquired and incorporated into lots 2 and 3 of the pro- posed plat. Mendelssohn Addition. that he has unsuccessfully attempted to acquire land for the proposed right of way. The proponent has therefore asked that the City approve the proposed subdivision and acquire the necessary right of way by eminent domain if necessary. that this plat was reviewed by the Community Development and Planning Commission on a couple of occasions. The Commission encouraged the property owners to attempt to work out the access issue. recommended approval of the subdivision, subject to the resolution of the access problem and passed it on to the Council to see if the use of the City's power of eminent domain is possible in this case to resolve the access issue. Northwest Associated Consultants, was present representing the proponent. that Len Kraemer of Barr Engineering Company was also present who has worked on the storm drainage for the plat. for vacation of Tyler Street that there was a subsequent request that the alley which exists between Harrison and what was Tyler Street be changed into a street so that He . .forfeiture and is used for drainage purposes. Mr. Hughes noted that the principal problem with the subject property For unknown reasons, the east half was not The only lawful access was I . The present proponent subsequently acquired Mr. Hughes pointed out that the on&y readily available access to the However, Dearborn Street is improved for only about one half of its . The remainder of the Dearborn right of way Therefore, a major road extention would have In extending that street, access would be.:-provided The southerly lots would remain land- Also, such a road would result in some . A public road could not be extended southerly from Spruce Street to serve The property would then 'Ije replatted into four lots which conform It is likewise proposed that the City It is ~ I The proposed access from Dearborn Street crosses Lot 2, Block 1, of This lot is not controlled by the proponent who has..-stafed . Mr. Hughes advised That apparently did*not occur. The Commission thereupon .L David Licht, He indicated He explained that when the request was made in 1957 Q: 5 / 21/ 84 53 there would be access to the subject property. looked at every possible access to the property and there did not seem to be a reasonable alternative that would allow for single family detached homes. of townhomes had been explored but was considered not compatible with the area. Four single family lots would be compatible and can be done in terms of acceptable standards. east that would cul de sac at the same point as the property under consideration, thereby making Dearborn Street a no longer needed right of way. This would result in an advantage to the Kuenzli family, 6528 Belmore Lane, who own the lots on Dearborn Street and from who the proponent has been unsuccessful in acquiring land for the proposed right of way. be provided for the Kuenzli lots by the subdivision under consideration as well as by the development to the east. easterly side of the proposed plat which would bring the Kuenzli lots into con- formance as buildable parcels and would resolve a-lot of the issues. Mr. Licht pointed out that a very real concern is topography and drainage on the site. He advised that a drainage area has been calculated by Barr Engineering to hold storm water and that an easement would be given to the City for that purpose, the area to be maintained by the property owners. From a design standpoint the drainage area offers a protection to the neighborhood as does the cul de sac design, traffic impact. adjacent to the property is unhappy about the way this project has been handled, indicating that for years they had been told the property was not buildable due to lack of facilities and no access, that a public meeting should haye been held advising the adjacent owners of such change of policy and he also voiced concern about drainage of the site. 1) drainage of water from the site into their backyard, and 2) loss of the open space. Greg Postier, 311 Harrison Avenue, also was concerned over loss of the green area and that water would drain into his flat yard. 307 Harrison Avenue, stated that her property was flooded in 1965 being the lowest parcel, and asked that the proponent be made responsible if flooding occurred on her property. Robert Baker, 6600 Belmore Lane, stated when they recently bought their property they were told the vacant property would remain just as it is and asked that the record showed their objection to the subdivision. Mr. Miller has not taken care of the property. Bernie Kuenzli stated he was the owner of the.land proposed to be condemned and reiterated that the City had assured the previous owner of the subject property that a building permit would never be issued for the site. Phoebe Carlson, 6600 Belmore Lane, stated her objection to the proposed subdivision and reviewed the history of ownership of the land by the Carlsons and confirmed that there had been water drainage problems before the pond was dug for water storage. come in and condemn their property for private use and benefit.. Attorney Erickson opined that the condemnation would be.for-the purpose of providing a public street to serve a subdivision of four lots. to the proposed subdivision. a storm water analysis of the subject site, stating that all the development that would occur in the area was also considered. storage volume would-'be added .than presently exists in the depression area now' to take care of the drainage problem. James W. Miller, the proponent, made a presentation in support of the proposed subdivision, stating it is in the City's interests to develop that land. and reasonable conclusion for the prqperty and urged plat approval. In response to a question of Member Schmidt, Mr.:Kraemar stated that storm water plan proposed for the site will be better than what is there now. would like more information on the proposed subdivision before making a decision and so moved, asking that Council be provided with copies of past Council Minutes regarding the issue of the property being unbuildable. Motion failed for lack of a second. subdivision makes sense, but that the issue is finding a reason for condemning one person's property to benefit one property owner. would like to research the..issue of entitlement to access by condemnation before action is taken on the subdivision. With reference to the plat filed by the owner of property to the east, Mr. Hughes indicated it could be interrelated with the Miller subdivision. Mr. Erickson also commented that questions remain as to site drainage and should be resolved. Member Schmidt thereupon moved that preliminary plat approval on the Miller Addition be continued to June 4, 1984, so that the issues of access by condemnation, site drainage and relationship of the two plats could be researched. Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. Mr. Licht explained that they had Clustering He indicated that a plat has been filed by the property owner to the . Lot 1 would be a standard lot and utilities would Also, an outlot would be designated on the I Houses are moved away from basically the back lot lines and minimizes any C. M. Simonson, 305 Harrison Avenue, stated that the neighborhood Nancy Abbott,, 315 Harrison Avenue, had two concerns: Maxine Woodstrom, He added that D Betty Kuenzli asked if someone could Beauford Carlson also stated his objection Len Kraemar of Barr Engineering Company presented He pointed out that more water He submitted that the subdivision is a practical Member Schmidt stated she Member Turner stated that from a planning point of view the proposed Mr. Erickson stated that he ' I Motion was seconded by Member Turner. 5/21/84 54 FINAL PLAT APPROVED FOR DEWEY HILL FOURTH ADDITION (FORMERLY DEWEY HILL THIRD ADDN.) Mr. Hughes presented the petition for final plat approval for Dewey Hill Fourth Addition generally located north of W. 78th Street and east of Shaughnessy Road, recalling that the property has been the subject of numerous Council zoning hearings. At the meeting of November 21, 1983, Council approved a revised overall development plan for the PRD-3 zoned site from a 114 unit condominium plan to allow construct- ion of a 34-unit townhouse development. Laukka and Associates, the proponent, has now r.eturned with a final plat for the westerly portion of the site, that portion that fronts on Shaughnessy Road and are requesting final plat approval for town- house type lots in keeping with the final rezoning that they received. this initial phase of the project, it is presumed they would return with subsequent final plats (Dewey Hill Fifth Addition, Sixth Addition, etc.) until the project is complete. Mayor Courtney asked what the density was for the plat. Mr. Hughes recalled that the density was 35 units on about.13 acres of property, or less than 3 units per acre. In response to Member Turner, Mr. Hughes indicated there are no changes since last reviewed by Council. Turner offered the following resolution and moved its adoption: After No further comment being heard, ;Member RESOLUTION APPROVING FINAL PLAT FOR DEWEY HILL FOURTH ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled “Dewey Hill Fourth Addition”, platted by Laukka and Associates, Inc. a Minnesota corporation, and First Edina National Bank, a national banking association, and presented at the Regular Meeting of May 21, 1984, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconced by Member Bredesen. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Resolution adopted. Robert Clark, 7701 Glasgow Drive, asked what happened to Dewey Hill Third Addition. Mr. Hughes explained that Dewey Hill Third Addition was a single lot plat of this property for construction of a 114 unit condominium building. in the plan with new zoning for a different development type which then necessitates a further platting of the property. The proponent has elected to entitle the replat Dewey Hill Fourth Addition. There was then a change HEARING DATES SET FOR VARIOUS PLANNING MATTERS. Member Bredesen was seconded by Nember Schmidt setting the following hearing dates for planning matters: 1) 2) 3) As recommended by staff, motion of Appeal from Board of Appeals and Adjustments Decision - Robert Bossman, 4609 Moorland Avenue - June 18, 1984, Appeal from Board of Appeals and Adjustments Decision - Roger A. Christgau, Variance at 6417 Timber Ridge - June 4, 1984, Grandview Area Redevelopment Plan and Redevelopment Project - June 4, 1984. Ayes: Bredesen, Schmidt, Turner, Courtney Notion carried. PORTION OF LINCOLN DRIVE VACATED SUBJECT TO CONDITION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Hughes presented a petition for vacation of a portion of Lincoln Drive, explaining that the request is made in connection with the agreement the City entered into with Wallace Kenneth with regard to the rezoning of his property along County Road 18. As part of the agreement the.City agrees to vacate the unimproved Liacoln Drive right of way adjoining Block 1, Outlot A, and Lot 2, Block 2, all in Interlachen Hills 3rd Addition which lies southerly and eqsterly of a prescribed line as defined in the Notice of Public Hearing on Vacation 06 Portion of Lincoln Drive. Mr. Kenneth then agrees to dedicate or convey to the City Lots 6 thru 12 and 28 thru 35, Block 1, which lots would.be combined-into the‘ City’s park which is Outlot A. explained that the vacation should be made effective only upon receipt of the deeds to the lots from Mr. Kenneth on the closing date. vacation should be made gffective as of June 6, 1984. -Member Bredesen moved adoption of the following resolution: WHEREAS, a resolution of the City Council, adopted the 16th day of April, 1984, fixed a date for a public hearing on a proposed vacation of a portion of Lincoln Drive; and WHEREAS two weeks’ published and posted notice of said hearing was given and the hearing was held on the 21st day of May, 1984, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water Mr. Hughes Mr. Erickson indicated the No objections being heard, RESOLUTION VACATING PORTION OF LINCOLN DRIVE 5 / 211 84 .. m Tr c6 c9 m a 55 pipes, mains, and hydrants an or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of Lincoln Drive be and is hereby vacated effective as of June 6, 1984, unless rescinded, amended, or modified by the City Council on or before said date: . . All that part of Lincoln Drive adjoining Block 1, Outlot A, and Lat 2, Block 2, all in INTERLACHEN HILLS 3RD ADDITION, which lies southerly and easterly of the following described line: f Commencing at the northeast corner of Lot 1, in said Block 1; thence South 77 degrees 07 minutes 56 seconds West, assumed bearing, along the northerly line of said Lot 1, a distance of 227.31 feet to the northwest corner of said Lot 1, being the point of beginning of the line being described; thence South 0 degrees 11 minutes 19 seconds East, a distance of 92.00 feet; thence South 52 degrees 25 minutes 51 seconds West, a distance of 14.04 feet to the westerly line of said Lincoln Drive and there terminating. No easements were involved in said vacation; and the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Resolution adopted. PAIRING PROJECT PRESENTED AND DISCUSSED. Jones gave a presentation on the Pairing Project, stating that its long-run objective is to match U.S. and U.S.S.R. cities to form a framework for citizens of the two countries to learn more about each other. 1,052 U.S. cities with Soviet counterparts using thc,criteria of comparable (1) size, (2) physical setting and environment, and (3) economic base. The project provides suggestions for a community portrait to be put together by U.S. citizens and sent to their paired city in the Soviet Union. of greeting from the mayor of Edina to the Soviet mayor of Gubakha, U.S.S.R., the city paired with Edina. Mayor to the Mayor.of Gubakha, it was agreed that the Council would be uncomfort- able in directing the Mayor to send such a letter. No formal action was taken. Dr. Kristofer Hagen and Mrs. Marilyn The project has paired This would include a letter After discussion of the request for a letter from the BID AWARDED FOR AQUATIC WEED HARVESTING IN INDIANHEAD LAKE. Mr. Rosland presented tabluation of bids for Aquatic Weed Harvesting in Indianhead Lake, showing Midwest Aqua Care at $4,200.00 and Freshwater Restoration System at $4,886.00. Member Turner was seconded by Member Schmidt for award of bid to low bidder, Midwest Aqua Care at $4,200.00. Motion of Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. BIDS AWARDED FOR PUBLIC SAFETY VEHICLES. for public safety vehicles advising that these are the low bids received through the Hennepin County Joint Purchasing Contracts-and are replacements: Mr. Rosland presented tabulation of bids (1) 1984 Ford LTD Crown Victoria (Police Emergency Response Vehicle) - Brookdale Ford at $10,765.00 (3) 1983 General Motors Used Cars iPolice Detective Vehicles): - Avis Rent-a-Car System, Inc. at $24,597.00 (1) Full sized Emergency Response Vehicle (Fire Department) - Brookdale Ford at $10,415.00. Motion of Member Schmidt was seconded by Member Turner for award of bids to low bidders through Hennepin County Joint Purchasing Contracts for the five vehicles. Ayes: Bredesen, Schmidt., Turner, Courtney Motion carried. BID AWARDED FOR GUN RANGE BULLET TRAP. range bullet trap, advising that the bidder is the only supplier available. The bid of $9,164.00 was made by Caswell Equipment Company, Inc. was seconded by Member Schmidt for award of bid to Caswell Equipment Company, Inc. at $9,164.00. Mr. Rosland presented a bid for the gun Motion of Member Bredesen Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. AMM ANNUAL MEETING NOTED. Association of Metropolitan Municipalities 'is scheduled for Wednesday, May 30, 1984, at 5:30 p.m. at the Brooklyn Park Community Activity Center. He noted that Mayor Courtney and he will be attending and suggested that any Council Member wishing to attend should contact him so that reservations can be made. Mr. Rosland advised that the Annual Meeting of the 5/ 21/ 84 .._ .. 56 APPOINTEIENT TO REGIONAL TRANSIT BOARD DISCUSSED. Mr. Rosland advised that the State Legislature in its 1984 session passed legislation for the establishment of a Regional Transit Board, who would assume the responsibility for the planning aspects of the metropolitan transit system. Alison Fuhr, who is a member of the Metropolitan Transit Commission, advising that she is interested and eager to serve on the Regional Transit Board to represent Edina, St. Louis Park, Golden Valiey and Robbinsdale.. Member Schmidt moved that the Council support Alison Fuhr's nomination as a member of the Regional Transit Board. Motion was seconded by Member Turner. He noted that Mayor Courtney has received a letter from Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. I C. WAYNE COURTNEY RECOMMENDED FOR NOMINATION AS CHAIRMAN OF MWCC. Mr. Rosland noted that he had received a letter from Sandra Gardebring, Chairman of the Metropolitan Council, advising that nominations are open for Chairman of the Metropolitan Waste Control Commission. a period of eight years and requested that his name be submitted for chairman. Member Schmidt's motion was seconded by Member Turner to submit the name of C. Wayne Courtney as chairman of the MWCC. Mayor Courtney stated that he had served on the Commission for . Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. ORDINANCE NO. 171-A15 (FEE FOR CONDITIONAL USE PERMIT) ADOPTED; SECOND READING WAIVED. a procedure for Conditional Use Permits to be issued upon application and payment of a fee. expended and the City's direct costs incurred in processing the application. A sum of $500.00 shall be deposited with the City when the application is submitted, with additional deposits of $500.00 required as prior deposits are expended, and with any deposits not expended being refunded to applicant. the proposed ordinance simply renumbers various ordinances and sections therein, with no change in the amount of fees. Member Turner myed adoption of Ordinance No. 171-Al5, with waiver of Second Reading as follows: Mr. Rosland recalled that the Zoning Ordinance recently adopted outlines Staff would recommend that a fee be established equal to City staff time He noted that Section 2 of ORDINANCE NO. 171-A15 AN ORDINANCE &ENDING SCHEDULE A TO ORDINANCE NO. 171 TO ADD THERETO THE FEE FOR CONDITIONAL USE PERMIT AND TO AMEND CERTAIN ORDINANCE AND SECTION NUMBERS I THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Schedule A to Ordinance No. 171 is hereby amended by adding thereto the following: ORD. SEC. -- NO. NO. PURPOSE OF FEE/CHARGE AMOUNT FEE NO. 825 4(e) Conditional Use Permit The fee shall be equal to City staff 29f time expended and City's direct costs incurred in processing the application. be deposited with City with the application submission. If the deposit is expended prior to com- pletion of processing the application, and upon request of the City Planner, the applicant shall deposit an additional $500 .OO . of $500.00 shall continue to be so made as prior deposits are expended. Any deposits not expended shall be refunded to the applicant, but no other refunds will be made. A sum of $500.00 shall Additional deposits I Sec. 2. The Ordinance Numbers and Section Numbers for Fee Nos. 29a, 29b, 29c, 29d and 29e to Schedule A of Ordinance No. 171 are hereby amended to read as follows: ORD SEC. -- NO. NO. PURPOSE OF FEE/CHARGE AMOUNT ..FEE NO. 825 4(e) Variance $50.00 29a Transfer of land to $300.00 for (1) R-2 lot 29b another district $450.00 for (2) R-2 lots and 29c $600.00 for all other transfers 29d 825 17(d), Temporary retail sales $300.00 for first permit, $200.00 29e 3(a), in PID for subsequent permits (iii) . 5/21/84 57 Sec. 3. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Ordinance adopted. ATTEST : *&%.U City Clerk ORDINANCE NO. 1031-A2 (WEEDS AND GRASSES) AND ORDINANCE NO. 1211-A1 (CUTTING OF WEEDS AND GRASS ALONG PUBLIC STREETS) DISCUSSED; FIRST READING NOT GRANTED. Mr. Rosland presented Ordinance No. 1031-A2 - To Declare Poisonous Plants and Weeds, and Grass or Grass-Like Vegetation over Six Inches'High, A Nuisance, and Ordinance No. 1211-Al - To Require Cutting of Grass and Weeds Over Six Inches High Along Public Streets, for review by the Council. the proposed amendments was that of reducing the allowed height of grass and weeds from 12 inches to 6 inches. He recalled that part of the problem was that: 1) there are many areas in the City that are left in a wild state, 2) there exist three or four privately owned properties where the grass is not cut, and 3) how to control dandelions. According to direction from the Council, the City sprays for dandelion control on a limited basis and'with a diluted solution. pointed out that he has met with Gene Davis, Weed Inspector, and that now notice is given to the owner of the premises in violation requiring compliance within 7 days and that the fee for removal by the City has been increased to $75.00 per hour, which cost is then assessed to the owner. Speaking in support of the ordinance amendments were Me1 Olson, 7124 Heatherton Trail and Harry Weingartner, 7137 Glou- Chester Avenue, who urged adoption, Mr. Weingartner pointed out that municipalities surroundingBdina all have more strict ordinances and. only al1ow.a maximum height 4917 Lantana Lane, with regard to dandelions and weeds on public property along the Hwy. 100 east frontage road from 70th Street to Hibiscus Avenue. Mr. Rosland reiterated that in order to be effective, weeds and.dandelions should be sprayed twice a year, and that a spraying program is susceptible to weather conditions and use of a less effective chemical application; Member Schmidt stated that the six inch maximum height would help resolve some of the resident's problems, as proved by the ordinances in other cities. Ordinance No. 1031-A2 and Ordinance No. 12114U.. seconded by Mayor Courtney. concern was, in addition to the fact that City owned land would not be in compliance, whether or not the ordinances would be enforceable and if it would really solve the problem of the private properties which continue to be in violation. pointed out that in Ordinance No. 1031-A2 the City's exclusion applies to land maintained by the City as a natural open space area, and that the ordinance provides that the nuisance shall be removed within the time and in,the manner specified in the notice. Mr. Rosland commented that, by requiring compliance withn 7 days- with a follow-up by the Weed Inspector, it is hoped that the individual violations can be eliminated. Member Turner stated she felt those changes are an appropriate way to enforce the present ordinance, and that the proposed Ordinance No. 1031-A2 goes beyond the necessary role of government.and could not support it. There being no further discussion, Mayor Courtney called for the rollcall vote. I He explained that the major change in Mr. Rosland . of 6 inches. Member Schmidt called-attention to a lgtter from Larry R. Mozis, Member Schmidt then offered First Reading of Motion for First Reading was I Member Bredesen called for discussion. He stated his Mr. Erickson , Rollcall: Ayes: Schmidt, Courtney Naye: Bredesen, Turner First Reading not granted. RESOLUTION ADOPTED REGARDING HANSEN ROAD RAILROAD CROSSING. Mr. Rosland recalled that recently the Council approved and authorized reconstruction of Hansen Road between Vernon Avenue and West 60th Street and that the improvement involved the So0 Line Railroad crossing and signals. Because the estimated costs for the improvement of the railroad crossing to meet state standards was considered to be too high, staff has requested that Federal Safety Funds be made available for the project. Mr. Hoffman has advised that MNDOT has indicated that funds could be allocated for 1985, with construction by the So0 Line Railroad and with MNDOT handling the contract administration. that the City will contribute to the cost of the project in an amount not to exceed 10% of the actual cost, which will reduce the City's participation as originally estimated. RESOLUTION BE IT RESOLVED by the Edina City Council that the City will contribute to the cost of installing a controlled railroad crossing signal system at an amount not to Staff would recommend adoption of a resolution Member Bredesen offered the following resolution and moved its adoption: 5 /21/ 84 exceed ten percent of the actual cost at the intersection of Hansen Road and the So0 Line Railroad. t Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Resolution adopted. CLAIMS PAID. Motion of Member Turner was seconded by Member Schmidt, for payment of the following claims as per Pre-List of 5/21/84: Fund $34,867.42, Art Center $5,842.95, Swimming Pool Fund $70,270.62, Golf Course Fund $13,481.85, Recreation Center Fund $4,754;37, Gun Range Fund $326.95, Waterwork Fund $23,547.29, Sewer Rental Fund $163,609.16, Liquor Dispensary Fund $85,203.75, Construction Fund $50,Q43.34, Total $665,141.69; and for confirmation of payment of the following claims dated 4/30/84: General Fund $233,275.99, Revenue Sharing Fund $12.60, Park Fund $9,391.48, Art Center $764.99, Swimming Pool Fund $1,205.29, Golf Course Fund $2,622.16, Recreation Center Fund $11,134.10, Gun Range Fund $428.73, Waterwork Fund $17,387.91, Sewer Rental Fund $2,737.58, Liquor Dispensary Fund $325,774.77, Total $604,735.60. . There being no further business on the Agenda, Mayor Courtney declared the meeting adjourned at 12:15 a.m. . General Fund $212,593.99, Park I Ayes: Bredesen, Schmidt, Turner, Courtney. Motion carried- . 1 .- City Clerk ,