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HomeMy WebLinkAbout19840604_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 4, 1984 63 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. KIM HOLLAND AND KAREN KISER COMMENDED. Mr. Rosland introduced Kim Holland.and Karen Kiser, advising that both are leaving the employ of the City. has been custodian of City Hall since September of 1981, and has done a commendable job in maintaining the building. Police Department since October of 1979, and initiated the data entry system for that department. will be missed. bearing the City logo, in appreciation of their service to the City. the Council also extended their appreciation and thanks. Kim Holland Karen Kiser has worked as a secretary in the She has been a conscientious worker and her pleasant personality He commended both Kim and Karen and presented them with silver pens Members of OUTSTANDING ACHIEVEMENT AWARD FOR ACCIDENT PREVENTION PRESENTED. On behalf of the Minnesota Safety Council and the Edina Citizens Safety Council, Alison Fuhr presented the Outstanding Achievement Award in recognition of outstanding .accident prevention performance in traffic safety to the City of Edina for 1983. Courtney accepted the Award on behalf of the City. Mayor MINUTES of the Regular Meeting of May 7, 1984, and May 21, 1984, were approved as submitted by motion of Bember Turner, seconded by MEmber Schmidt. .- Ayes: 'Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PRELIMINARY PLAT APPROVAL FOR MILLER ADDITION CONTINUED TO JULY 2, 1984. Richards asked that he be excused from the meeting; so that there would be no Member appearance of possible conflict of interest with regard to the Miller Addition. Mr. Hughes recalled that at its meeting of May 21,..1984, the Council had taken action to continue the hearing for preliminary plat approval for the Miller Addition to this meeting so that the issues of access by condemnation, site drainage and .the relationship of the Miller plat to the proposed plat east of Dearborn Street could be researched. Mr. Hughes advised that the plat to the east is entitled Commission at its last meeting. He stated that the Blake Woods plat involves three existing lots on the east side-of Dearborn proposed to be replated into four lots. The plat relies on vacation of the unused portion of Dearborn to the north as well as vacation of Spruce Road-along the north property.line. four new lots would be arranged around a new cul-de-sac on Dearborn and would be located opposite the westerly extension of Dearborn Street as proposed by the plat of Miller Addition. extent, on access to the Miller Addition. Mr. Hughes recalled that the Miller Addition relies upon the acquisition of right of way across lots on the west side of Dearborn which are not oked by the proponent. is not acquired, some modifications to Blake Woods will be needed. view, the existing access to the Miller property via Dearborn Street and Spruce Road must then be-preserved. ._- from Harrison Avenue to the west my be possible. .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. David Licht, Northwest Associated Consultants, was present representing the proponent. He recalled that two concerns were voiced over other issues at the last meeting: 1) drainage and 2) benefit derived by condemnation, He then summarized his letter of June 4,-1984, addressed to the Council, that while the Millers would undoubtedly benefit, there are indeed advantages for the City as a whole, the spedfic area and notably, :The Ruenzlies. the lot layout which has been suggested for the Miller land represents a reasonable and good design and use of the property- reviewed the storm water drainage plan and presented graphics showing what would occur with a 100-year rain storm. all ultimate development in the area.-,:No.property to the south would be inundated and-no-property to the west would be inundated except for a little portion of the alley. He also pointed out options which may be considered. Member Bredesen c asked if any properties would be inundated with a 100-year event whose property now would not be inundated. now be inundated which would not be under the proposed plan and that no other properties would be inundated. outlot would be connected to the main inundation area. Member Bredesen asked for Engineer Hoffman's opinion as to the proposed drainage plan. that all possible options for drainage have been presented and if the properties to the east are developed a storm sewer system will be required which goes to the east towards the pond in the area east of Griffit Street and north'of Maloney Avenue. Blake Woods" and was reviewed by the Community Development and Planning It The The proposed Blake Wood plat depends,:to a certain If access to the Miller Addition In staff's As an alternative, .access-to the Miller property He pointed our again that Len Xraemar of Barr Engineering Company He stated that they had taken into consideration - Mr. Kraemar atated that there-are properties that would In response to Member Schmidt, he stated that an Mr. Hoffman responded 6/4/84 . ._ 64 James Miller, the proponent, reiterated that it is in the City's best interest to develop that land. area and asked that it be approved. concern about having 12 feet of fill directly behind his property. Dunkley and Bennett, stated he was appearing on behalf of Bernard and Beverly Kuenzli. He argued in opposition to the following issues: to provide access, 2) that there would be no drainage problems, and 3) that the area should be developed. Appearing and speaking in opposition to the proposed subdivision were: Craig and-Janet Postier, 311Harrison Avenue; C. M. Simonson, 305 Harrison Av.; . Beauford Carlson, former owner at 6600 Belmore Lane; and Robert Baker, 6600 Belmore Ln,. Council then discussed and considered the following with regard to the proposed plat: 1) change in topography, 2) lot sizes in neighborhood, 3) cul-de-sac, 4)landscaping and grading , 5) access by condemnation, 6) drainage, and 8) if the low lots were buildable. Member Schmidt commented that if the subject property ia going to be developed, she believed the prroposed plan is the best possihle,way:for..everyane. Member Schmidt then made a motion to grant preliminary plat approval based upon acceptable landscape plans and grading plans that would meet the concerns of the neighborhood. Motion was seconded by Member Turner, giving these reasons that she felt the drainage questions would be resolved so that property owners on Harrison would not be adversely impacted and that from a planning point of view it is the best way to access the area and therefore the plat and the condemnation is appro- priate. Mayor Courtney commented that he has not been sold on the idea that any of the methods of access that have been presented are helping anyone except 'one He stated that the proposed plat is a reasonable lay-out of the Greg Abbott, 315 Harrison Avenue, expressed John Harper, 1) taking of the Kuenzli property ._ pmpe~-avner, 3kmb~lr Bredesmstated-zhaz &E fdt .thz=-propased .@an-rwas a good sse-d* property, that he Zelt '.the drainage questions would not-be major, but -tu he felt the main problem is the effect of this particular condemnation in that it cuts the Kuenzli property in half and alters that property. Mr. Licht submitted that if the access to the Miller property has to be created by way of Dearborn, then there would be more disruption of topography to the Kuenzli property. Mrs. Kuenzli advised that she has just heard that Blake School is planning some construction and may.need access for their buses into their parking lot from Harrison, which access would abutt the Kuenzli property. Member Turner stated this would be a factor to consider. Bernard Kuenzli noted that the major problem is the southern four lots and asked if the lots could be condemned, and left as open property. stated that there was a motion before the Council.. Attorney Erickson pointed out .that preliminary plat approval should be conditioned upon 1) conveyance of the out- lot by the proponent to the Kuenzlis, and 2) that all costs of condemnation would be the responsibility of the proponent. He advised that if the proponent meets the conditions which are imposed by preliminary plat approval then the proponent is entitled to final approval. If conditions are imposed at time of final approval and those conditions are met then he is entitled to delivery of the plat and appropriate resolution. wise to have the landscape and grading plans presented to the Council before preli- minary plat approval, and that preliminary and final plat approval could be granted at the same time. Member Schmidt then stated she would retract the motion for preli- minary plat approval as-she felt there were too many things to consider. Turner then withdrew the second to the motion. Member Schmidt thereupon moved that preliminary plat approval be continued to July 2, 1984, so that the questions of the Council concerning landscaping, topography, condemnation and the Blake School plans could be addressed.- Notion was seconded by Member Turner. Mayor Courtney I As.suggested by Mayor Courtney, Mr. Erickson explained that it may be Member Ayes: . Bredesen, SMt, Turner- Courtney Motion carried. . ,; h.''; ~c.3 t;aL ;*AGW+LIC~* Member Bredesen'then addressed Mr. Miller and Mr. Kuenzli and asked-tfiat they try to work out -a solution 20- ihe problem. of4.:access -for fie plat .prim -to _rhe next meeting when Council pesmbly will take formal action. (Member Richards returned to the meeting at this point.) TlpiRIBNCE GlW!€ED TOR LOT 18, BIB% 1, TfIE Tmm; APPEAL DENIED =OM BOAED DECISION. - * - C:& placed on file. a decision of the Board of Appeals and Adjustments on.May 17, 1984.. The.issue was a five foot rear yard setback variance involving Lot 18, Block 1, The Timbers (6417 Timber Ridge). is one of those. topography and shape of the lot. requirements with the exception of one corner that encroaches five feet into the required 25 foot rear yard. 32 square feet of building to encroach on the rear yard. undez the new Zoning Ordinance there is a provision for "pie-shaped" lots which creates zhypothetical lot. line and if the subject lot would be so classified a rear yard variance would not be required. However, given the shape of the property staff - Wt-3 variance was appropriate and recommended approval to the Board'of Appeals and Adjustments. line measurement and accept the plans presented without a variance. . I- : .Affidavit of Mailing was presented .by .Clerk, approzed as to form and ordered Mr. Hughes presented'the appeal of Roger Christgau with regard to 1 In the platting of the Timbers, several lots were platted with rather difficult lot shapes and lot depths for the construction of homes. The subject lot - The request was to construct a home designed to accommodate the The proposed building would conform to all setback ~ The proponent requested a variance to permit approximately Mr. Hughes pointed out that At its May 17 meeting the Board moved to accept the hypothetical rear The decision - -. 'a- *- 6'/4 9 84 i ' 85 was later appealed by Dr. Christgau for consideration by Council. Ann Fallon, owner of the subject lot, advised that the proposed house was staked last week and is now positioned on the lot to only require a 1.5 foot variance. ing neighbors had no objections to the plan, that the house would be an attractive addition to the area and would create a good revenue base for the City. sized that the plan for the house was revised a number of times to conform as closely as possible to the lot shape. Folke Victorsen, 6440 Indian Hills Pass, spoke in support of the Fallon's plan. Dr. Roger Christgau, 6500 Indian Hills Pass, presented the following arguments in objection: 1) that the Zoning Ordinance defines setback requirements which should be adhered to, 2) that the subject lot is not a "pie-shaped" lot as believed by the Board, and 3) that the Board's decision would set a precedent with regard to other lots having difficult shapes. He noted that he was particularly concerned that Lot 15, Block 1, would also request a variance. Lee Kopp, 6504 Indian Hills Road, stated that Lot 15 has very few trees remaining and that he was concerned that a precedence would be set for further variances of this kind. asked if Lot 15 could be interpreted as a "pie-shaped" lot with establishment of a imaginery rear lot: line. Mr. Hughes responded that it has the same characteristics of Lot 18 as to shape and if the Board's opinion on Lot 18 is upheld, that logic would be likely be followed for Lot 15. In response to question of Member Schmidt, Attorney Erickson clarified that the application was for a variance, based on staff interpretation that a variance was needed for the four-sided lot, and that it was the question before the Board and should have been decided. On that basis, Council should grant the variance or deny it. She stated that the abutt- She empha- Member Turner . Member Bredesen commented that this is an 1 unusual piece of property and, that -the -3oard had used -considerable logic in coming / ro the conclnsion ~ey reached. Mern3er Breaesen then moved f nz denial of the %aTyeal and far granting of the variance requested for Lot 18, Block 1, The Timbers. Motion was seconded by Member Turner. motion as he felt it would set a precedent for Lot.15, and that he felt the concerns expressed by the neighbors objecting to the variance were valid ones. Member Bredesen clarified that his motion was based on his conclusion that: the proposal required a variance and that such a-variance should be granted. Mayor Courtney then called for a vote on the motion. Member Richards stated he could not support the -I Rollcall : -* 6 Ayes: Bredesen, Turner, Courtney Nay%: Richards, Schmidt Motion carried. PUBLIC HEARING ON GRANDVIEW AREA REDEVELOPMENT PLAN AND REDEVELOPMENT PROJECT CONTINUED TO JUNE 18, 1984. As recommended by staff, Member Turner's motion was seconded by Member Richards to continue the public hearing on the Grandview Area Redevelopment Plan and Redevelopment Project to June 18, 1984. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. LOT DIVISION FOR LOT 4, BLOCK 1, MC CAULEY HEIGHTS 8TH ADDITION APPROVED. Mr. Hughes presented the petition for division of Lot 4, Block 1, McCauley Heights 8th Addition; generally located east of County Road No. 18 and north of Indian Hills Road. existing two-family dwelling. He noted that individual utilities are provided and staff would recommend approval. offered the following resolutionand moved its adoption: WHEREAS, the following described property is at present a single tract of land: He advised that the request is for a party wall division of an No objections being heard, Member Richards RESOLUTION Lot 4, Block 1, McCauley Heights 8th Addition, and WHEREAS, the owners have requested the subdix7ision of said-tract into 'separate parcels (herein called "Parcels") described as follows : That parz sf Lor 4, Blo.ck:l, %IcCauley Heights 8th Addition, which lies northerly of a line herein called "Line A") drawn from a point on the west linemf saidlLat 4, distant 77-20 feet southerly of the northwest corner of said Lot 4 to a point on the east line of said Lot 4, distant 72.64 feet southerly of the northeast corner of said Lot 4, and All of Lot 4, Block 1, McCauley Heights 8th Addition except that part which lies northerly of said Line A; WHEREAS, 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 Subdivision and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No, 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or I- C .. .. . . .. -' . - . -. 6/4/84 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. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney ' Resolution adopted. LOT DIVISION FOR LOT 30, COLONIAL GROVE 2ND ADDITION APPROVED. sented the petition for division of Lot 30, Colonial Grove Addition, generally east of Brookview Avenue and south of 56th Street. who resides at 5615 Brookview Avenue, proposes to acquire a three foot wide strip of property from his neighbor to the south to facilitate construction of an addition which will conform with serback requirements. to the south will continue to conform with zoning requirements and staff would recommend approval. following resolution and moved its adoption: Mr. Hughes pre- I He advised that the applicant, The lot and dwelling No objections being heard, Member Turner offered the RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 30, "Colonial Grove 2nd Addition, Edina, Minn."; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : I LDX 30 !~colordal--Grmre- 2nd .JklrB.+irm,-. Edixta, .Emm; ">-- -th-derly .--fhref? 43) fe 33lEreOf , - and Lot 32, "Colonial Grove 2nd Addition, Edina, Minn." and the northerly three (3) feet of Lot 30, "Colonial Grove 2nd Addition, Edina, Minn."; -- WHEREAS, 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 Subdivision and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by 'the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 825 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. Motion for adoption of the resolution was seconded by Member Bredesen. . I Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. LOT DIVISION FOR LOT 11, BLOCK 5, PARKWOOD KNOLLS APPROVED. Mr. Hughes presented the petition for division of Lot 11, Block 5, Parkwood Knolls, generally located west of Schaefer Road and south of Knoll Drive. dwellings on Knoll--Drive are involved .and ithat the .proponent is requesting the division of Lot 11, Block 5, Parkwood Knolls for the purpose of conveying a portion of his lot-to the owner of Lot 12. on Lot 12 was apparently constructed across the common lot line with Lot 11 several -years ago, The propod division repreisms the iesolution of an adverse possess- - ion claim by the owner of Lot 12. .- t-irnne to %e met afzer the division, - encraachenz qxohhm ,caused. by -.*he swimming pool and staff : fierefore recmtmends He advised that two single family A portion of the swimming pool and dog kennel Setback requirements for the home on Lot 11 con:. The proposed division appears to remedy the approval. It should be noted that the ordinances-require a 20 foot setback for the dog kennel. The proposed division provides a 6 foot setback. Thus, if total com- pliance with all ordinances is desired, the relocation of the kennel may be desirable- and the owner of Lot 12 has been so advised. No objections being heard, Member Turner offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Lot 11, Block 5, "Parkwood Knolls1' except that part which lies easterly and southeasEerly of the following described line (herein called "Line A"): - , RESOLUTION v Lot 11, Block 5, "Parkwood Knolls"; and Beginning at the northeast corner of said Lot 11; thence southwesterly 130.70 feet along a line, if extended, would intersect the south line -of saidLot 11 at a point tfierein distant 58-05 feet westerly from the southeast corner of said Lot 11; thence southerly to the southeast l , I .._ -a . .~ 6/4/84 corner of said Lot 11 and there terminating, according to the recorded plat thereof, and Lot 12, Block 5, "Parkwood Knolls" and that part of Lot 11, Block 5, Parkwood Knolls" which lies easterly and southeasterly of said Line A. I1 WHEREAS, 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 Subdivision and,Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordi- nance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other prupose or as to any other provision thereof, and subject, however, to the provision that no further sub- division 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. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. HEARII?G DATES 5F;T FOR VARTOUS PLANNING UTTERSs, Bredesen's motion was seconded by Member Schmidt , setting the 'Zollowing hearing dates for planning matters: 1) Indian Hills 2nd Addition - R-1 SingleDwelling Unit District to R-2 Double Dwelling Unit District - June 18, 1984; 2) Blake Woods - Preliminary Plat Approval - Generally located east of Dearborn Street and north of Belmore Lane - July 2, 1984; 3) Southdale Hennepin County Library - Conditional Use Permit - Parking Lot Expansion - June 18, 1984. As recommended by * szaff, Member Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PUBLIC HEARING HELD ON VACATION OF WATER STORAGE EASEMENTILOT 2, BLOCK 3, SCHEY"S PARK VIEW THIRD ADDITION; VACATION NOT GRANTED. Affidavits of Notice were presen- ted by Clerk, approved as to form and ordered placed on file. Engineer Hoffman presented the request for vacation of water storage easement on Lot 2, Block 3, Schey's Park View Third Addition. He recalled that when the property was platted an easement was placed of record for water storage on the entire lot. In July of 1979 a petition was presented to vacate the water storage easement on the high ground at the rear of the lot to allow construction of a dwelling. Council granted vacation of that portion of the easement upon staff recommendation that the area was not needed for water storage. the new owner has requested vacation of the remaining water storage easement over which the driveway is located because of a concern that the City may at some future point in time dig up his driveway. Staff would recommend approval of the easement vacation subject to the following conditions: 1) that the utility ease- ment be retained on the north side for Northwestern Bell and Northern States Power Company, and 2) that a drainage-easement of 10 foot in width also be retained. Mr. Hoffman advised that he has talked to the abutting property owners to the north .and south and they have no objections. Member Richards raised the question that if the easement vacation was granted, tfiat arsnme future date a petition for subdivi- sion. could be presented. Tom KeLley, siated he was representing the owner Wvey Golub, and that Mr, Gold had requested the easement vacation so that if he were 20 sell the property fie could advise the potential buyer That the roadway is free and clear. 'Following discussion, Member Schmidt moved that the petition for vacation of s2orage:of-water.easement ofiht 2, Block 3, Schey's Park View Third Addition be denied, based on the reason that the City >has-,assured the..owner,it--hasL no intent to dig up the roadway. Subsequently, -the property has been sold and Motion was seconded by Member Richards. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. f ANIMAL CONTROL ORDINANCE DISCUSSED; CONCERN OF RESIDENT NOTED. Mr. Rosland referred to a letter received from E. Dudley Parsons, 4437 Brookside Terrace, in which several amendments to Ordinance No. 312 (Animal Control) are proposed, following an incident wherein Mrs. Parsons was severely bitten by a dog. Staff has also been reviewing the ordinance and will be recommending changes for consideration by the Council at a later date. Mr. Parsons was present and explained his reasons for.remmmending more strict regulation of dogs. ' changes reconnnended by Mr, Parsons, together with staff recommendations, be brought back to the Council at the July 2, 1984 meeting. Mr. Rosland suggested that the No formal action was taken. 6/4/84 BID AWARDED FOR PLAYGROUND E-QUIPMEBT. Mr. Rosland presented tabulation of bids for playground equipment showing Hamele Sales, Inc. at $40,478.00 and Earl F. Anderson and Associates, Inc. at $44,857.68. Member Turner for award of bid for playground equipment to low bidder Hamele Sales, Inc. at $40,478.00. Ayes: Motion carried. Member Schmidt's motion was seconded by Bredesen, Richards, Schmidt, Turner, Courtney BID AWARDED FOR IMPROVEMENTS BA-137, BA-261 AM) MISCELLANEOUS PARK WORK (f84-3 ENG). Mr. Rosland presented tabulation of bids for Improvement No. BA-137 Hansen Road- Section I, Ihpxokement No. BA-261 Westridge Court-Section 11, Garden Park Improve- - ments-Section 111, Playground Concrete Rings-Section IVY Arneson Park Curb and Gutter, Section V as follows: 15 Staff would recommend award of bids for Section I, I1 and I11 to the low bidder and to reject the bids for Section IV and V pending review of of the park improve- ment budget. Motion of Member Richards was seconded'by Member Turner for award of bids for Section I, I1 and I1 to the recommended low bidder Midwest Asphalt Corpor- ation at a total of $473,720.59 and to reject the bids for Section IV and V. 4 * i Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. BID AWARDED FOR HP l5O/SOFTWARE/PRINTER. Software and Printer for the Police Department from Dodd. Electronics, adTising :that this was the low bid submitted to LOGIS. Member Schmidt for award of bid for HP 150 Software and Printer to recommended low bidder to LOGIS, Dodd Electronics, at $6,185.00. Mr. Rosland presented bid for HP 150 Motion of Member Turner was seconded by Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. GARDEN PARK/NSP LAND DONATION APPROVED; SUBJECT TO GRANTING OF EASEMENT. Mr. Rosland explained that the east boundary of Garden Park encroaches on property owned by Northern States Power Company on which is located their high transmission lines. For years NSP has offered to sell that property to the City and the offer has been rejected. Now NSP has offered to donate the land to the City, subject to retaining an easement for-maintenance of their utility lines. Staff would recommend approval of the land donation inasmuch as park activities are held on their property. Mr. Rosland pointed out that if Council approves the land transfer, that NSP would then Prepare an agreement, which wauld be brought back to Council for approval, to effect the land donation to the QLty. accept the donation of land from Northern States Power Company, which is generally located on the easterly boundary of Garden Park, abutting HansgnBoad. &tion was seconded by Memher Turner, f Member Schmidt moved to -approve and - Ayes.: .Bredeses, Richards, Schmidt, Turner, Courtney - Motion carried. . "E MILE CREEK AND ?BXNEWU CREEK WATERSHED SURFACE WATER MANAGEMENT PLAN Engineer Hoffman advised that the Metropolitan Council proposed DISCUSSED. legislation during 1981 and 1982 which became law in 1982 regarding surface water management. further development of existing plans. shed districts in developing potential new policy and projects that would involve watershed participation. haha.Creek Watershed District for stormwater runoff, flood plain, dredging and soil loss/sedimentation control policies, Nine Mile Creek Watershed projects, and to a map showing existing DNR public waters and wetlands in Edina. that Council advise staff of any comments regarding surface water management which they would like to have conveyed to either watershed district as to the feasibility of providing greater or less watershed district and City control over existing ponds and wetlands. No formal action was taken. Chapter 509 of the 1982 State Statute now requires updating and Staff has been working with both water- Mr. Hoffman referred to a preliminary draft,by.Minne- He asked - EDINA FOUNDATION BOW APPOINTMENTS DISCUSSED. Mayor Courtney advised that the term of James Van Valkenburg terminates in June, 1984, and recommended that he be reappointed for a three-yeqr term to end in June, 1987. The unexpired term of Richard Wyatt to June, 1985, will-also be open for appointment by the Mayor. I c 6/4/84 69 Mayor Courtney asked for recommendations from the Council to fill Mr. Wyatt's term so that action could be taken at the June 18, 1984, meeting. Bredesen then moved approval of reappointment of James Van Valkenburg to The Edina Founation Board for a term to June, 1987. Turner. .Ayes: Motion carried. Member Motion was seconded by Member Bredesen, Richards, Schmidt, Turner, Courtney VACATION OF PORTION OF LINCOLN DRIVE NOTED. Attorney Erickson advised that the City has closed with Wallace Kenneth regarding the conveyance to the City of Lots 6 thru 12 and 28 thru 35, Block 1, Interlachen Hills 3rd Addition, and that the proceedings for vacation of a portion of Lincoln Drive can now be completed. No formal action required. LEAGUE OF MINNESOTA CITIES ANNUAL MEETING NOTED. Member Turner reminded the Council that the League of Minnesota Cities Annual Meeting is scheduled for June 12, 1984, and asked if there are any policy issues on the agenda which may affect Edina. directly affect the City and that members of the Council would be attending so they could give input on any agenda items. worth would be discussed which may impact the City. REPORT TO BE GIVEN ON MUNICIPAL LEGISLATIVE COMMISSION. In response to inquiry of Member Turner, Member Richards stated he would bring to the Council a report on legislative issues which are 3ei.g -addressed by lLhe Mdcipa? Legislative crmmrissio-n. XD formal action taken. Mr. Rosland responded that he was not aware of any that would He noted that the issue of comparable No formal action was taken. APPOINTMENT OF DOTTIE RIETOW TO METROPOLITAN COUNCIL DISCUSSED. Mr. Rosland advised that Dottie Rietow, recently appointed to the Metropolitan Council as recommended by the Edina City Council, had called to update him on recent actions of the Metropolitan Council. sentative to the Council from this area. No action was taken. He commented that she will be an excellent repre- ,PURCHASE AGREEMENT FOR CONVEYANCE OF WOODDALE SCHOOL SITE TO CITY APPROVED. Mr. Rosland advised that the revised Purchase Agreement between the City and the School District for the conveyance of the Wooddale School Site has now been reviewed by both-the City Attorney and the School District Attorney with.regard to changes desired by the School District and is now ready for signature. Turner offered the following resolution and moved adoption: BE IT RESOLVED by the Edina City Council that the Mayor and City Manager are hereby authorized and directed to sign on behalf of the City the Purchase Agreement between the City and the School District for the Wooddale School Site. Motion for adoption of the resolution was seconded by Member Richards. Member RESOLUTION Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. MINNESOTA CABLESYSTEMS SOUTHWEST NEWSPAPER ARTICLE DISCUSSED. Member Bredesen referred to an article in the newspaper regarding reported financial difficulties of Minnesota Cablesystems Southwest and noted there was no mention of charging for local access. meeting with the company and then would bring recommendations to the Southwest Cable Commission. of the five Cities who make up the.Commission, -2fember Bredesen.statedhe would like to have this matter discussed by the Council in order to be part of .the process that leads up to recommendations by the Commission. Mr. Rosland advised that the Operating Committee will be Any cable ordinance changes would have to be approved by each No action was taken. ANNUAL'XTNE NILE CREEK WAmSEIED DISTRICT TOUR NOTED. Mr, Rosland noted that the Annual Nine Nile Creek Watershed District Tour will be conducted on Tuesday, June 12, 1984, from 2 p.m. to 5 p.m. and areas to be reviewed include Bredesen Park, Mount Normandale Lake and Opus I1 Development. No action was taken. RESOLUTION IN SUPPORT OF EXPO '85 ADOPTED. Mr. Rosland advised that Expo '85 is scheduled for April 20 and 21, 1985, and recommended that the Council adopt a resolution in support of the event. community event. Member Schmidt then offered the following resolution and moved its adoption : RESOLUTION WHEREAS, Edina Expo '85 is scheduled for Saturday, April 20 and Sunday, April 21, WHEREAS, the purpose of this event will be to foster a strong sense of community, and WHEREAS, Edina 3xpo '85 will acquaint fie citizens of Edina with the many business Member Turner stated that it is an important . 1985, and 6/4/84 ~. 70 and civic organizations and services available in the City; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby supports the concept of Expo '85. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. AMENDNENT TO ORDINANCE NO. 434 (SWIMMING POOLS) DISCUSSED. Mr. Rosland advised that an amendment to Ordinance No. 434 regulating swimming pools is recommended to address two issues: 1) deck requirements for special purpose pools (whirlpool/hot tub), and 2) fencing requirements. Member Bredesen raised questions regarding requirements . for a deck for a special purpose pool and location of the pool. Mr. Rosland suggested that staff revise the wording of the amendment to clarify the meaning of the sections in question and to bring Ordinance No. 434-A8 back to Council at a Special Meeting on June 7, 1984, for consideration by the Council. No action was taken. I After discussion, LIQUOR FUND REPORTS as of January 31,.1984, February.29, 1984, and March 31, 1984, - were presented, reviewed and ordered placed on file by motion of Member Schmidt, seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. 1 . ..CLAIMS2AID.. .~onafLMembex~ ,,~~~~secanded byMP.mher Turner for payment .of xbe 5itl-g Ciahis as per 'PreLL5st 'dated 6 /4/84t Xkneral Tuqd .'$46,454- 60 , 3arkZFund $7,083.62, Art Center $609.13, Swimming Pool Fund $4,556.66, Golf Course Tad $7,504.24 , Recreation Center Fund $13 , 288.94 , Waterwork Fund $12 , 787.39 , Sewer Rental Fund $3,158.99, Liquor Dispensary Fund $1,050.63, Construction Fund $15,106.19, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. : Total $111,600.39. J 1 There being no further business on the agenda, Mayor Courtney declared the meeting adjourned at 10:12 p.m. , I - li ! -,