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HomeMy WebLinkAbout19840917_regular148 NI"TES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 17, 1984 .. Answering rollcall were Nembers Bredesen, Richards, Schmidt, Turner and Mayor Courtney. PUBLIC HEARINGS CONDUCTED ON "EROUS ASSESSMENTS. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as hereinafter recorded on the following proposed assessments: 1. ALLEY IMPROVEMENT NO. E-31 I Location: Alley between Abbott Av/Beard Av and West 59th St/West 60th St Assistant Manager Bernhardson presented Analysis of Assessment for Alley Improvement No. E-31 showing total construction cost of $21,056.28 proposed to be assessed against 21 assessable lots at $1,002.68 each, against estimated assessment of $1,164.45 per lot. 'No objections were heard and no written objections to the pro- posed assessment were received prior hereto. later in Minutes.) 2. WATERMAIN lMPROVEMENT NO. 1-349 3. SANITARY SEWER IMPROVEMENT NO. SS-364 4. GRADING AND GRAVELING IMPROVEMENT NO. C-140 5. STREET IMPROVEMENT NO. BA-254 (Assessments levied by Resolution Location: Marth Court from West 78th Street North to-cuz-de-sac , Location: Marth Court from West 78th Street North to cul-de-sac Location: Marth Court from West 78th Street- North to cul-de-sac Location: Marth Court from West 78th Street North to cul-de-sac Improvements listed under 2, 3, 4 and 5 above affecting the same properties, public hearing was conducted concurrently. Mr. Bernhardson presented Analysis of Assessment for Watermain Improvement No. WM-349 showing total construction cost of $15,323.36 proposed to.be assessed against 8 assessable lots at $1,915.42 each, against estimated assessment of $1,547.00 per lot; the West side assessment to be spread over 3 years and the East side assessment to be spread over 10 years. Sanitary Sewer Improvement No. SS-364 was given as total construction cost of $13,828.44 proposed to be assessed against 8 assessable lots at $1,365.21 each for the East side to be spread over 10 years, and at $2,091.90 each for the West side to be spread over 3 years. The estimated assessment was given as $2,099.05 per lot for the East side (10 years) and $3,215.90 per lot for the West side (3 years). Analysis of Assessment for Grading and Graveling Improvement No. C-140 was presented showing total construction cost of $13,426.30 proposed to be assessed against 922.77 assessable feet at $14.55 per assessable foot, against estimated assessment of $16.78 per assess- able foot. total construction cost of $23,973.56 proposed to be assessed against 922.77 assessable feet at $25.98 per assessable foot, against estimated assessment of $31.10 per assess- able foot. No objections were heard and no written objections to the proposed assess- ~ ments were received prior hereto. Analysis of Assessment for i Anaylsis of Assessment for Street Improvement No. BA-254 was given as (Assessments levied by Resolution later in Minutes.) 6. STREET IMPROVI&ENT NO. BA-256 Location: Gleason Court from Gleason Road to cul-de-sac Mr. Bernhardson presented Analysis of Assessment for Street Improvement No. BA-256 showing total construction cost of $42,572.88 proposed to be assessed against 14 assessable lots at $3,040.92 each, against estimated assessment of -$4,908.28 per lot. No objections were heard and no written objections to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) 7. STREET IMPROVEMENT NO. BA-257 Location: Nob Hill Drive in Oak Ridge of Edina Mr. Bernhardson presented Analysis of Assessment for Street Improvement No. BA-257 showing total construction cost of $23,604.60 proposed to be assessed against 10 assessable lots at $2,360.46 each, against estimated assessment of $2,900.94 per lot. No objections were heard and no written objections to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) I 8. STREET IMPROVEMENT NO. BA-258 Location: Browndale Avenue, Coolidge Avenue, Brook Avenue, Mackey Avenue, from West 44th Street to North Edina City Limits Mr. Bernhardson presented Analysis of Assessment for Street Improvement No. BA-258, noting that street replacement only was constructed on Browndale Avenue and that street and concrete sidewalk replacement was constructed on Mackey, Brook and Collidge Avenues. Total construction cost for street replacement portion was $42,130.56, less one-half paid by General Fund, with the balance, plus capitalized interest, of $24,078.48 proposed to be assessed against 2,118.23 assessable feet at $11.37 per foot, against estimated assessment of $14.44 per foot. Total construction cost for 5 concrete sidewalk replacement portion was $17,721.23, including capitalized interest, proposed to be assessed against 1,831 assessable feet at $9;68 per foot. proposed assessment for street replacement only for Browndale Avenue is $11.37 per assessable foot against estimated assessment of $14.44 per foot. proposed assessment for street and sidewalk replacement on Mackey, Brook and Collidge Avenues is $21.05 per assessable foot, against estimated assessment of. $22.25 per foot. The total. . The total 'I I 9/17/84 149 Noted was a letter of objection to the proposed assessment from Peter J. and Kathy Stiehm, 4520 West 44th Street. assessments. No further objections were heard to the proposed (Assessments levied by Resolution later in Minutes.) Location: Vernon Avenue from Gleason Road to Lincoln Drive; Lincoln Drive from Vernon Avenue to Londonderry Drive Analysis of Assessment was presented for Street Improvement No. BA-259 showing total construction cost of $220,027.00, proposed to be assessed against 3,743.85 assessable feet (single family), 629.00 units (multi-family) and 1,270.00 feet (commercial) as follows : 9. STREET IMPROVEMENT NO. BA-259 . Proposed Assessment - $ 20 .OO per assessable foot (single family) 150.00 per assessable unit (multi-family) 40.00 per assessable foot (commercial) against Estimated Assessment showing above same rates. the proposed assessment was Christine Hill, 6914 Langford Drive. presented the objection of the developers of The Habitat to the proposed assessment bdsed on the following: 1) the irregular shape of Lots 1, 5, 6 and 1.4, and 2) that. the wetland on Lots 5 and 6 encompass 50% of these lots. No further objections being heard, Member Richards moved that the hearing on Street Improvement No. BA-259 be continued to October 1, 1984, with the understanding that the developers of The Habitat would present a specific proposal as to assessment .for the lots involved. Motion for continuation was seconded by Member Turner and unanimously carried. Appearing and objecting to Engineer Hoffman 10. STREET IMPROVEMENT NO. BA-260 Location: Golf Terrace from Wooddale Avenue Westerly 2100 feet & Mr. Bernhardson presented Analysis of Assessment for Street Improvement No. BA-260 showing total construction cost of $54,956.29 proposed to be assessed against 3,848.48 assessable feet at $14.28 per foot, against estimated assessment of $15.87 per foot. was constructed on Part 9, Block 2, Golf Terrace Heights - staff would recommend the 15 assessable feet be removed from the project', reducing total assessable feet to 3,833.48 for a proposed assessment of $14.33 per foot; and 2) with regard to the right of way for Concord Avenue which has never been constructed, abutting 4610 and 4700 Golf Terrace, the 50 foot right of way is included in.the proposed assessment, one-half to each abutting property owner inasmuch as the right of way is being used as part of their yards. John and Sue Burrl'tt, 4706 Lake View Drive, and owners of Part 8, Block 2, Golf Terrace Heights, asked what their proposed assessment would be in view of the fact that the concrete curb was only constructed along ayortion of their rear yard which faces Golf Terrace. assessment would one-third of the footage (46.85') as has been the City's policy when assessing projects abutting rear yards. He also pointed out that the proposed assessment would preclude any further assessment for concrete curb if at some future point in time concrete curb is extended West along the balance of their rear yard. No further comments were heard and no written objections 'to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) Member Richards stated that he felt staff should initiate a petition to formally vacate the right of way for Concord Avenue, abutting 4610 and 4700 Golf Terrace, inasmuch as Concord Avenue has never been constructed. Engineer Hoffman noted the following wfth regard to the project: 1) no curb Mr. Hoffman responded that it 1s proposed that their 11. STORM SEWER IMPROVEMENT NO. ST.S.-172 Location: McCauley Trail from Gleason Road to West line of Lot 1, The Timbers Mr. Bernhardson presented Analysis of Assessment for Storm Sewer Improvement No. St.S.-172 showing total construction cost of $21,139.1.8 proposed to be assessed against 179,400 square feet at $0.1016-per assessable square foot (storm sewer only) for the City Park and at $0.1687 per assessable square foot (with curb and gutter) for Lots 22 and 23, Block 1, The Timbers. Mr. Hoffman advised that the project was petitioned for by the owners of Lots 22 and 23, The Timbers, to eliminate an existing drainage ditch which ran along these two properties and that they had also asked for curb and gutter to be constructed. assessment because Creek Valley Park water flowed into the drainage ditch. ions were heard and no written objections to the proposed assessments were received prior hereto. He noted that the City is included in the proposed No object- (Assessments levied by Resolution later in Minutes.) 12. WATERMAIN IMPROVEMENT NO. WM-351 Location: York Avenue, West 54th Street to 200 feet South to serve 5400, 5406 and 5408 York Avenue Mr. Bernhardson presented Anaylsis of Assessment for Watermain Improvement No. WM-351 showing total construction cost of $5,173.08 proposed to be assessed against 3 lots at $1,724.36 per assessable lot against estimated assessment of $1,510.94 per lot. Mr. Hoffman advised that the project was petitioned for by the owner of the 3 lots. No objections were heard and no written objections to the proposed assessments were received prior hereto. 13. WATERMAIN IMPROVEMENT NO. WM-350 14. SANITARY SEWER IMPROWMENT NO. SS-367 (Assessments levied by Resolution later in Minutes.) Location: Evanswood Lane to service 6219 and 6221 Evanswood Lane Improvements listed under 13 and 14 above affecting the same properties, public hear- ing was conducted concurrently. Mr. Bernhardson presented Anaylsis of Assessment for Watermain Improvement No. WM-350 and Sanitary Sewer Improvement No. SS-367 showing total construction cost of $12,739.20 proposed to be assessed against 2 lots at 9/17/84 150 $6,369.60 per assessable lot, against estimated assessment of $5,116.70 per lot. Mr. Hoffman advised that the project was petitioned for by the developer of Zuppkewood Addition to provide water and sewer service for Lots 1 and 2, and that additional work had been requested. posed assessments were received prior hereto. later in Minutes.) \ No objections were heard and no written objections to the pro- (Assessments levied by Resolution 15. STREET LIGHTING IMPROVEMENT NO. L-24 Mr. Bernhardson presented Analysis of Assessment showing total construction cost of $329.04, proposed to be assessed against 8 assessable lots at $41.13 per assessable lot, against estimated assessment of $53.89 per lot. written objections to the proposed assessments were received prior hereto. ments levied by Resolution later in Minutes.) Location: Between 7142 Valley View Road and 7005 Comanche Court No objections were heard and no I (Assess- 16. MAINTENANCE IMPROVEMENT NO. 31-84 Location: 50th Street and France Avenue Business District Mr. Bernhardson presented Anaylsis of Assessment showing total construction cost of $42,776.44, proposed to be assessed against 289,030 square feet at $0.148 per assess- able square foot, against estimated assessment of $0.135 per square foot. No object- ions were heard and no written objections to the proposed assessments were received prior hereto. (Assessments levied by Resolution later in Minutes.) 17. AQUATIC WEED IMPROVEMENT NO. AQ-84-3 Location: Indianhead Lake Mr. Bernhardson presented Anaylsis of Assessment showing total construction cost of $4,753.98, proposed to be assessed against 33 lots at $144.06 per assessable lot, against estimated assessment of $315.15 per lot. mental factors there was no aquatic weed cutting this year. noted from the owner of Lot 6, Block 5, Indian Hills Addition, located at the North end of the bay off Indianhead Lake. A1 Orchard, 6613 Dakota Trail, was present and explained his objection to the proposed assessment. heavy foliage, the lake was not visiable from his home and therefore he did not feel his property should be included in the assessment district. Dakato Trail and president of Indianhead Lake Homeowners Association, expressed the association's appreciation of the City's support of this program. He pointed out that this is the fourth year that the lake has been treated, but that this was the first year the cost will be specially assessed to benefited properties. No further comments were heard. (Assessments levied by Resolution later in Minutes.) Following presentation of Analysis of Assessments, Member Bredesen introduced the following resolution and moved its adoption: It was noted that because of environ-' One letter of protest was He stated that because of the Robert Perkins, 6909 ,r RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF 7 VARIOUS PUBLIC l3PROVEMENTS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearings as required by law on the proposed assess- ment rolls for the improvements hereinafter referred to, and at such hearings held on September 17, 1984, has considered all oral and written objections presented against the levy of such assessments. 2. ments as set forth in the assessment rolls on file in the office of the City Clerk for the following improvements: Subject to the amendment made in paragraph 3 of this resolution, each of the assess- Alley Improvement No. E-31 Watermain Improvement Nos. TJM-349, WET-350 and WE€-351 Sanitary Sewer Improvement Nos. SS-364 and SS-367 Grading Improvement No. C-140 Street Improvement Nos. BA-254, BA-256, BA-257, BA-258 and BA-260 Storm Sewer Improvement No. St.S-172 Street Lighting Improvement No. L-24 Maintenance Improvement No. 11-84 Aquatic Weed Improvement No. AQ-84-3 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. Said assessments are hereby amended as follows: Street Improvement No. BA-260 - Part 9, Block 2, Golf Terrace Heights is excluded from the assessment district, reducing total assessable feet to 3,833.48 to be assessed at $14.33 per foot. 4. The assessments shall be payable in equal annual installments, the first of said installments, together with interest at a rate of 11.5% per annum on the entire assess- ment from the date hereof to December 31, 1985, to be payable with the general taxes for the year 1985. The number of such annual installments shall be as follows: I Name of Improvement ALLEY II!PROVENENT NO. E-31 Number of Installments 10 years WATERWIN IMPROVEMENT NO. WET-349 3 Gears (Vest Side) 10 years (East Side) SANITARY SEWR IMPROVEMENT NO. SS-364 3 years (West Side) 10 years (East Side) GRADING AND GRAVELING IMPROVEMENT NO. C-140 10 years 9/17/84 Name of Improvement STREET IMPROVEMENT NO. BA-254 3151 - Number of Installments 10 years STREET IMPROVEMENT NO. BA-256 10 years STREET IMPROVEMENT NO. BA-257 10 years STREET IMPROVEMENT NO. BA-258 10 years STREET IMPROVEMENT NO. BA-260 10 years STORM SEWER IMPROVEMENT NO. ST.S-172 10 years WATERMAIN IMPROVEMENT NO. WM-351 10 years WATERMAIN IMPROVEMENT NO. WM-350 3 years SANITARY SEWER IMPROVEMENT NO. SS-367 3 years STREET LIGHTING IMPROVEMENT NO. L-24 1 year MAINTENANCE IMPROVEMENT NO. M-84 1 year AQUATIC WEED IMPROVEMENT NO. AQ-84-3 1 year 5. this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 6. The Clerk shall also mail notice of any special assessment which may be payable by a county, by a political subdivision, or by the owner of any right of way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assess- ment is not paid in a single installment, the City Treasurer shall arrange for collect- tion thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Member Schmidt. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. _-_ FINAL PLAT CONCEPT APPROVED FOR MILLER ADDITION. during consideration of the Miller Addition.) approval for the Miller Addition had been continued for one week to allow for further negotiations between the Millers and the Kuenzlis on the right of way issue to provide access to the proposed subdivision. compromise on the right of way. plat with an overlay illustrating the plat as now proposed noting that the Kuenzlis property would be included within the plat for the purpose of land exchanges as part of the settlement. The land to be conveyed from Millers to the Kuenzlis would provide them with three buildable lots, plus the lot for their existing home. The cul-de-sac would be shifted slightly to the north and the area designed for storm water would be conveyed to the City. Mr. Hughes pointed out that the terms of a developer's agreement need to be defined and recommended that the Council give concept approval of the plat at this time. The final plat would then be brought back for Council approval within several weeks. He noted that the Kuenzlis desire to move an existing garage which would be on the pro- posed roadway to the lot adjacent to the existing home. In order to make the garage fit on that lot, the lot line would have to be relocated northerly about 10 feet causing a substandard lot depth and therefore a subdivision variance would be required. would include: 1) the lot depth variance, 2) a developer's agreement, 3) a 10-foot outlot along the southerly portion of the site that would be conveyed to the property owner to the south to provide more rear yard area, 4) the Kuenzli property in the plat and 5) the vacations of portions of Dearborn Street, Spruce Road and the related alley. Mr. Hughes advised that the vacations could be approved with the release not issued until the final plat of the Miller Addition is approved. whether the drainage area is adequate to meet the concerns of the neighbors. Engineer Hoffman responded that the area is the same size as was shown earlier and which design had been approved-.as..adequate by-the consulting engineer. With regard to the question of whether granting concept approval would be binding on the Council, Attorney Erickson opined that it would essentially be final plat approval with conditions, and the conditions once met would result in final plat approval. There was+a discussion as to the lot depth variance which would be required in connection with the relocation of the garage. Mr. Hughes explained that the exact location of the existing home is not known at this time and thus the variance is not known but the garage would be required to be sited three feet from the new lot line. Member Schmidt then moved concept approval of the Miller plat, subject to the following conditions: 1) subdi- vision dedication, 2) executed developer's agreement, 3) granting of a lot depth variance situated three feet from the garage, 4) inclusion of Kuenzli property in the plat, 5) vacations of streets right of way (Dearborn, Spruce and alley) be sub- ject to approval of final plat, and 6) suitable public access to ponding area. Motion was seconded by Member Turner. (Member Richards left the meeting Mr. Hughes recalled that final plat The two parties have now reached a Mr. Hughes presented a graphic of the original The Miller property is proposed to be platted with four lots. He summarized that the plat which would come back for Council approval Member Bredesen asked Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Motion carried. (Member Richards returned to the meeting at this point.) 9/17/84 152 PRELIHINARY FLAT FOR KIDD ADDITION DENIED. clerk, approved as to form and ordere&placed on fi.le. preliminary plat approval of the Kidd Addition was heard by the Council at the August 20, 1984, meeting at which time it was continued to the September 17 Council meeting so that a joint development with adjoining owners could be further pursued. The request is to subdivide property fronting on West 62nd Street to the north and which also has access to Valley View Road to the south, into two lots which would each measure about 14,000 square feet in area. the existing dwelling and Lot 2 would be a new building site. at that time that the lot in question could potentially be better developed by including the rear portions of other lots on West 62nd Street. that he is not aware of any joint development proposal. Member Turner commented that the Council's concern is that a subdivision approvaLfor a new single family home would not be consistent with the character and symmetry of the neighborhoad and that it could more appropriately be rezoned R-2 Double Dwelling Unit District. Member Turner then moved that preliminary plat for the Kidd Addition be denied for the reasons stated. Affidavits of Notice were presented by Mr. Hughes recalled that Lot 1 would be retained for It was pointed out Mr. Hughes advised I Motion was seconded by Mayor Courtney. Rollcall : Ayes: Richards, Turner, Courtney Nays: Bredesen, Schmidt Preliminary plat denied. FINAL DEVELOPMENT PLAN APPROVED FOR ERICKSO?? PETROLEUM CORPORATION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes advised that the subject property is zoned PC-4, Planned Commercial District and is generally located on the northeast quadrant of W. 50th Street and Interlachen Boulevard. An automobile service station with three service bays is presently located on the property. Tlie pplicant (Erickson Petroleum Corporation) proposes to acquire the property and convert the full service station to a self- service gas station with accessory convenience retail uses. bays would be eliminated and converted to sales area and a 1,200 square foot addition would be constructed, thus increasing the building's floor area by about fifty percent. and the general arrangement of parking areas and drive aisles. The existing canopy and pump islands will be removed and replaced with a new canopy and islands. shown on the site plan, the existing right of way line for W. 50th Street encroaches substantially into the southerly portion of the site. posed parking spaces and drcze aisles are located on this right of way which is controlled by Hennepin County. release of this excess right of way and the deliniation of a new right of way line which would eliminate the encroachment of parking spaces into the right of way. The County has also requested that the existing driveway from West 50th Street be closed. fically worked out, it is staff's understanding that both the applicant and the County agree on the particulars and it is expected that the release of the right of way to the applicant will be forthcoming. the Planning Commission concurs, that the City should go on record with the County asking them to allow the curb cut from West 50th Street to remain in place until an improvement to West 50th Street is undertaken. the final development plans illustrate 16 off-street parking spaces for the pro- posed use. According to the Zoning Ordinance, 24 spaces are required based upon notes that most retail customers are those also purchasing gasoline. Eight cars can be parked at the pump islands which in the applicant's view, should be included in the count of parking spaces. be provided as required. Staff would recommend that the eight spaces be so included. The applicant has also submitted elevation drawings, grading and landscaping plans and other information required by ordinance. The Planning Commission considered the request at its August 29, 1984, meeting and recommended approval, subject to to the resolution of the access right of way issue with Hennepin County; requesting to the County that a one-way ingress from West 50th Street be kept open until further improvements are made to West 50th Street; and limited to the building plans presented which show the same exterior materials used for all sides of the building. The proponent has asked the City to accept as evidence of the release of the right of way a letter of understanding between them and the County. Mt. Hughes noted that Dave Hoeschen of Erickson Petroleum was present to answer questions. Member Bredesen raised the question of safety for traffic pulling out of the southerly curb cut to travel south on Interlachen. Mr. Hughes responded that the Planniag Commission had discussed this at length, including the possibility of a one-way traffic flow through the station. Commission had concluded that the best solution was to keep the access on West 50th Street open for as long as possible and to allow two-way flow at all other driveways. Jerry Jensen, manager of the Holiday real estate department, stated that they concurred with the staff report; that they have made every effort to resolve the right of way questfon but cannot do so until they own the property. The three service The applicant proposes to maintain the existing access to the site As I Portions of some of the pro- The applicant and the County have discuss'ed a Although at this time an agreement on the release has not been speci- The applicant has requested, and Mr. Hughes pointed out that U the floor area of retail uses and the proposed number of employees. The applicant If so included, 24 parking spaces would I The -_. 9 /17 / 84 153 No further comment being heard, Member Turner moved adoption of the following reso- lution : BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Erickson Petroleum Corporation, 5200 Interlachen Boulevard, presented at the regular meeting of the City Council of September 17, 1984, be and is hereby approved, subject to resolution of the access right of way issue with the County; requesting to the County that a one-way ingress from West 50th Street be kept open until final improvement of West 50th Street occurs; limited to the building plans presented; and that issuance of a building permit be conditioned on a signed letter of agreement between the applicant and Hennepin County. Motion for adoption of the resolution was seconded by Member Schmidt. RESOLUTION Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. NEIGHBORHOOD FOR EAST EDINA HOUSING FOUNDATION DESIGNATED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes recommended that the designation of the neighborhood for the East Edina Foundation include that part of Edina located east of Hansen Road and north of Interlachen Boulevard extended. Edinborough project. A large area of the City is included in order to appoint members to the Foundation who are required to live in the area that the Foundation serves. It was noted that presently the area of the City which lies east of Highway 100 is included. Member Schmidt then introduced the following resolution, moving adoption: WHEREAS, the City Council of the City of Edina conducted a Public Hearing pursuant to published notice duly given; and WHEREAS, the City of Edina desires to provide assistance to renters, home buyers, and homeowners of modest incomes; and WHEREAS, such assistance can most appropriately be provided on a neighborhood basis; and WHEREAS, that portion of Edina located easterly of Hansen Road and northerly of Interlachen Boulevard extended is characterized by housing stock and housing opportu- nities which are more available to individuals and families of modest incomes than other parts of the City;. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Edina hereby designates and establishes that part of the City of Edina, Hennepin County, Minnesota, lying northerly and easterly of the following described line: The designation is requested in connection with the proposed RESOLUTION Beginning at the West Quarter corner of Section 30, Township 117, Range 21; thence qasterly along the East-West center lines of Sections 30 and 29, Township 117, Range 21, to the East Quarter corner of said Section 29; thence south along the East line of said Section 29 and the East line of Section 32, Township 117, Range 21 to the Southeast corner of said Section 32; thence easterly along the North line of Section 5, Township 116, Range 21, to the Northeast corner of said Section 5; thence south along the east line of said Section 5 and the east line of Section 8, Township .116, Range 21, to the Southeast corner of said Section 8, as a Neighborhood for purposes of promoting housing opportunities for individuals and families of modest incomes. Motion for adoption of the resolution was seconded by Member Turner. . Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. VACATION OF PORTIONS OF DEARBORN STREET, SPRUCE ROAD AND ALLEY GRANTED CONDITIONALLY. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petitions of P.K.R. Development Company for vacation of public right of way of portions of Dearborn Street, Spruce Road and the alley between Dearborn Street/Arthur Street and between Spruce Road/Belmore Lane,'all as identified within the proposed plat of Blake Woods, generally located east of Dearborn Street and north of Belmore Lane. Mr. Hughes recommended that the vacations be granted, subject to the signing of the final plat of the Miller Addition. No comment or ob j ections being heard , Member Turner introduced the following resolution and moved its adoption, subject to final approval by Council of the PIiller Addition plat: RESOLUTION VACATING PUBLIC RIGHT OF WAY FOR PORTION OF DEARBORN STREET, SPRUCE ROAD AND ALLEY WHEREAS, a resolution of the City Council, adopted the 2nd day of July, 1984, fixed a date for a public hearing on a proposed vacation of portions of Dearborn Street, Spruce Road and alley between Dearborn St/Arthur St and between Spruce Rd/Belmore Ln; WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was continued to and held on the 17th day of September, 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 vacations be made; and WHEREAS, the Council has considered the extent to which the vacations affect existing I . .. 9/17/84 easements within the area of the vacations and the extent to which the vacations affect the authority of any person, corporation, or municipality owning or con- trolling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on 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 portions of Dearborn Street, Spruce Road and the alley between Dearborn St/Arthur St and between Spruce Rd/Belmore Lane be and is hereby vacated effective upon final approval by Council of the Miller Addition plat: That part of Dearborn Street lying south of the westerly extension of the north line of Lot 1, Block 2, MENDELSSOHN, Hennepin County, Minnesota, and north of a line distant 5.00 feet south of, measured at right angles to, the westerly extension of the south line of said Lot 1. That part of Spruce Road lying east of the northerly extension of the west line of Lot 1, Block 1, MENDELSSOHN, Hennepin County, Minnesota, and west of the northerly exterksion of the west line of Lot 10, Block 2, MENDELSSOHN, Hennepin County, Minnesota. That part of the Alley which lies adjacent to the east line of Lots 1, 2, 3, 4 and 5, Block 2, IIENDELSSOHN, Hennepin County, Minnesota, lying south of the easterly extension of the north line of said Lot 1 and north of the north line of Belmore Lane. 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 trans- fer 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 Schmidt. Rollcall : .. Ayes: Bredesen, Schmidt, Turner, Courtney Abstained : Richards Resolution adopted. I CONCERNS OF AREA RESIDENTS REGARDING 70TH STREET/CORNELIA DRIVE INTERSECTION HEARD. Assistant Manager Bernhardson recalled that the Council in its meeting of July 16, 1984, adopted the Traffic Safety Committee's recommendations of July 10 regarding the intersection at 70th Street and Cornelia Drive. In its reconsideration on . September 11 of the 70th and West Shore stop sign which has been referred by Council for further study, the Traffic Safety Committee was again presented with the 70th and Cornelia issue by some area residents. Committee recommended that those individuals address the Council regarding this issue. --The 70th and Cornelia issue was originally presented to the Traffic Safety Committee at its February meeting following letter requests from both the Cornelia PTA and a committee that had been formed regarding safety problems. At the February meeting the Committee received testimoney and moved to consider the action again at its April meeting. In April, following a study in the area, the following observations were made: a) there was excellent compliance with the existing stop sign, b) the inter- section did not meet warrants for signalization, c) pedestrian traffic at that inter- section occured for a very short period of time during the day, and d) the existing 20 mph zone in the area received minimal compliance. Following discussion by the Committee, it was recommended that additional information be gathered, including An extensive study was done and the following findings were made and forwarded to the Council as a recommendation on July 10, 1984. Several -1 area residents and PTA members were present. Council approved the recommendations on July 16: a) that the four-way stops be maintained, b) that 70th and Cornelia be striped to indicate the "through" and ltturn'l lanes, c) that "No Parking - Anytime" zones be established near the intersection, d) that snow removal at-the intersection be improved by the City, e) that steps be initiated to relocate the mailbox, f) that attempts be made to relocate the existing MTC shelter, and g) that the adult school crossing guards should be maintained. Committee that signalization in addition to not being warranted would cause additional problems including an overall increase in traffic speed and that it would change the character and nature of the street from a collector street to something akin to a four-lane major arterial. enhance pedestrian safety. September 11 meeting indicated that there were two major issues: 1) that the lane striping has not helped alleviate the problem but in their estimation has exacerbated the problem, and 2) that they feel signalization is the only remedy that will increase After considerable discussion the . traffic gap studies. It was the feeling of the Traffic Safety The Committee also concluded that a semaphone would not Those persons who were in attendance at the Committee's safety at and there situation Committee regarding that corner. is some indication that they feel that an independent traffic study of the would be appropriate at this time. was established as a technical advisory committee to the City Council matters of traffic safety and that its action must always be reviewed and Additional issues were identified by the neighborhood group It was noted that the Traffic Safety . -. 9/17/84 155 ratified by the Council. president of Cornelia PTA; Donna Montgomery, 6824 Oaklawn Av.; Joy Bartlett, 7029 Lanham Lane, Phyllis Kohler, 4512 W. 70th Street; Terri Sweatman, Dunberry Lane; Richard Foley, 4804 Dunberry Lane, Gary Chiebowski, 7004 Bristol Boulevard; and Steve Davies, 4720 Dunberry Lane. to children and residents attempting to cross W. 70th Street, need for a semaphore at the intersection, that no right turns be allowed during certain hours and objection to the striping at the intersection for four lanes of traffic. Engineer Hoffman presented graphics illustrating the role of W. 70th Street as a collector street in the overall roadway system in the southeast quadrant of the City and explained how the Traffic Safety Committee had arrived at the recommenda- tions made to the Council regarding the intersection. recommended approval of a four-way "Stop" at West 70th Street and'West Shore Drive at its August 14 meeting and the Council moved to continue the recommendation until the next Committee meeting in September so that the views of the area residents could be heard and directed that the issue come back to the City Council on ._ September 17, 1984. "Stop" at West 70th Street and West Shore Drive is a highly disputed issue. In view of the concerns expressed by residents of the area concerning the traffic problems of West 70th Street, the Committee feels it may be advisable to authorize an independent traffic study to resolve the issue. Members Turner and Schmidt stated they would like to see an, independent traffic study made of W. 70th Street from Highway 100 to France Avenue. Member Richards concurred and said if a study is to be made, testimony should also be heard at this time regarding .the West 70th Street and West Shore Drive intersection. He also raised questions regarding who should work with a traffic consultant, representation from the area, estimated cost and time frame for a study. Mr. Hoffman indicated he could obtain proposals from several traffic consultants and bring those back for consideration by the Council at the next meeting. and W. 70th Street were: James Coppock, 7024 West Shore.. Drive; Ronald Rich, 7008 West Shore Drive; and Jess Cohen, 4405 Dunham Drive. Harold Babb, 4701 W, 70th Street; Donald Barck, 4807 W. 70th Street and Carl Horsch, 4705 W. 70th Street. Donna Hamilton, 4805 W. 70th Street, asked that the speed limit \ on W. 70th Street be strictly enforced and that it remain a two lane street. Member Richards then moved that the,City Engineer be instructed to bring hack to the Council on October 1, 1984, proposals from several traffic consultants for a study of the entire area of W. 70th Street from Highway 100 to France Avenue, including the residential neighborhoods on either side of W. 70th Street, and that no action be taken at the present time on the four-way "Stop" sign issue. Member Turner. 1. . .. Appearing and addressing the Council were: Cindy Heim, Concerns voiced were the potential danger The Committee had also . PIr. Hoffman pointed out that the recommendation of a four-way I - 00 b$ Speaking in favor of four-way "Stop" signs at West Shore Drive Speaking in opposition were: Motion was seconded by Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. I - (I - , -_ -__ - TRABFIC SAFETY COMMITTEE MINUTES TF 9/11/84 REVIEWED. The Council reviewed the minutes of the Traffic Safety Committee for the meeting held September 11, 1984. In view of the previous motion of Member Richards, no action was taken on the request regarding the four-way "Stop" at West 70th Streetl and West Shore Drive. was seconded by Member Schmidt for approval of the Committee's recommendation in Section A that "No Parking Anytime" signs be erected along West 66th Street from Normandale Road eastward to Valley View Road, and for acknowledgement of Sections B and C. Member Turner's motion Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. ADVISORY POLL ON ISSUE OF WINE LICENSING APPROVED. Mr. Bernhardson recalled that at the September 10, 1984, council Meeting the City Manager and City Attorney were directed to research alternative wording of the question regarding issuing of wine licenses were the Council to approve placing the question on the ballot at the General Election on November 6, 1984. which he had drafted for consideration by the Council and advised that staff would recommend the Question No. 1 format as follows: Attorney Erickson then reviewed the four formats 'of the question ADVISORY POLL RESULTS NOT BINDING ON, ONLY ADVISORY TO, EDINA CITY COUNCIL ON-SALE WINE LICENSES "Shall the City of Edina issue on-sale licenses to qualifying sit-down . restaurants to sell wine, in conjunction with the sale of food?" Mr. Erickson also raised the issue for Council consideration of the wine license fee itself, noting that the statute relative to on-sale wine licenses states that the fee for on-sale wine licenses shall be set by the issuing.authority, which will not exceed one-half of the license fee charged by the issuing authority for an on-sale license, or $2,000, whichever is less. City can presently charge for an on-sale wine license is $100 and that the only present manner of increasing that fee will be to increase the fee for on-sale licenses to the Therefore pursuant to the statute, the most that the - -- ~ 9 117184 156 country clubs. Member Turner moved that the issue of on-sale wine licenses be placed on the ballot for the General Election on.November 6, 1984, in the format as recommended by staff. Motion was seconded by Member Richards. Following discussion as to the.preferred wording of the question, Ayes: Richards, Schmidt, Turner, Courtney Nays : Bredesen Motion carried. PARclMDIC PROGRAM DISCUSSED; PUBLIC COMMENT HEARD. requested by the Council, the paramedic program was placed on the agenda for this meeting so that input from the public could be gathered regarding the current para- medic services to the citizens of the City. It was the Council intent that this would be used as part of their information gathering process to determine action regarding the staff proposed addition of one additional career personnel to the Fire Department staff as a paramedic. is whether to accept or reject the staff recommendation regarding the personnel addition as part of the 1985 budget recommendation, the overall issue is not whether the community at large will receive paramedic services, but who will be the provider of those services. itself in Hennepin County. had been contacted regarding the possible provision of service, and subsequent to the last Council discussion on this, Methodist Hospital was also contacted. was the indication from their Assistant Administrator that at this time Methodist Hospital was not interested. prior to the final adoption of the budget for 1985. invited. Council approval of the staff proposal of one additional paramedic were: Roger Buxton, 6349 Wilryan Avenue; Bob Solberg, 5205 Tifton Drive; Everett Erickson, 5713 St. John's Avenue; Doug Erickson, 5020 Richmond Drive; Alison Fuhr, 6609 Brittany Road; Pam Keating, 6901 Dawson Lane; Glydewell Burdick, 5529 Vernon Avenue; Winston Granger, 5533 Vernon Avenue, and Peggy Buxton. Following the comments, Member Turner stated that the ultimate decision will be made upon final adoption of the budget and.that the next budget discussion meeting will be September 24, at 3:30 p.m. for anyone interested in attending. No formal action was taken. METROPOLITAN LEGISLATIVE COMMISSION JOINT POWERS AGREEMENT DISCUSSED. Mr. Bernhardson advised that the Metropolitan Legislative Commission has requested that each City Council ratify an amendment to the Joint Powers Agreement whereby the financial contri- bution of each party would be increased not to exceed $0.35 per capita, no individual municipality would contribute more than $14,000 per year. pay all legal and consultant costs and expenses and other expenses as approved by the Board. After a brief discussion of the proposed increase in contribution, it was informally agreed to delay any action until after final adoption of the 1985 Budget. Mr. Bernhardson stated that as I He noted that while the Council's immediate decision Edina is the only municipality which provides this service for Mr. Bernhardson recalled that Fairview Southdale Hospital It A decision on the staff recommendation must be reached Comment from the public was then Speaking in strong support of the paramedic service as now provided and urging I The contribution is used to The 1985 budget proposal contains funds to cover the increase. EDINA COPDIUNITY LIBRARY COMMENDED ON 20TH ANNIVERSARY. Mr. Bernhardson advised that the Edina Community Library, 4701 W. 50th Street, is observing their 20th Anniversary at present location. its adoption: Member Bredesen introduced the following resolution and moved RESOLUTION WHEREAS, the Edina Community Library has been in its present location at 50th and Eden Avenur for twenty years; and WEEREAS, the City was the initial constructor of the building; and WHEREAS, this facility provides excellent service to the residents of Edina; and WHEREAS, the excellent staff that serves in the Library has made the Library both accessible and enjoyable to Edina residents; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that in honor of the 20th Anniversary of the Library.at its present location, that the staff be commended for its excellent work over these many years; and BE IT RESOLVED FURTHER that the week of September 24 through September 29 be declared here in the City of Edina. Motion for adoption of the resolution was seconded by MemberRichards. D "EDINA LIBRARY WEEK" Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. WOODDALE SCHOOL PROPERTY TITLE OFFICIALLY TRANSFERRED TO CITY. Mr. Bernhardson advised that the property title for the Wooddale School has been officially transferred to the City of Edina from the Edina School District No. 273 as of September 4, 1984. consulting firm of BRW has advised that the report on their study of the area should be available by mid-October. The No action was taken. RICHFIELDIEDINA COUNCIL INFORMAL BEETING SCHEDULED. Council was advised that the date set for the informal meeting between the Richfield and Edina City Councils is Wednesday, September 9/17/ 84 157 RICHFIELD/EDINA COUNCILS INFORMAL MEETING SCHEDULED. Council was advised that the date set for the informal meeting between the Richfield and Edina City Councils is on Wednesday, September 26, 1984. Mr. Bernhardson asked that those Council Members who plan to attend should give him their names so that he could advise the City of Richfield. COUNCIL/LEGISLATORS BREAKFAST MEETING SET FOR SEPTEMBER 28. Mr. Bernhardson informed the Council Members that their meeting with State Legislators, County Commissioner and representative to Metropolitan Council is scheduled for Friday, September 28, 1984, at 7:30 a.m. in the Manager's Conference Room. NEXT 1985 BUDGET DISCUSSION MEETING TO BE HELD 9/24/84. next meeting for discussion of the 1985 Budget will be on Monday, September 24, at 3:30 p.m. in the Manager's Conference Room and is open to the public. CLAIMS PAID. of the following claims as per Pre-List dated 9/17/84: General Fund $976,078.98, Revenue Sharing Fund $225,000.00, Park Fund $39,259.23, Art Center $1,436.24, Swimming Pool Fund $6,188.34, Golf Course Fund $24,862.51, Recreation Center ~ Fund, $12,754.59, Gun Range Fund $624.02, Waterwork Fund $32,470.14, Sewer Rental Fund $400,408.85, Liquor Dispensary Fund $100,412.46, Construction Fund $377,280.32, Perm. IMP Revolving Fund $4,701.30, IMP Bond Redemption Fund $84,000.21, IMP Bond Redemption #2 $4,402,188.20, Total $6,687,665.19, and for confirmation of the following claims dated 8/31/84: General Fund $84,536.57, Park Fund $143.63, Art Center $62.74, Swimming Pool Fund $1,224.58, Golf Course Fund $8,666.83, Recreation Center Fund $173.03, Gun Range Fund $71.18, Waterwork Fund $437.32, Liquor Dispensary Fund $337,464.04, IMP Bond Redemption #2 $1,556.00, Total $434,335.92. There being no further business, the meeting was declared adjourned by Mayor Courtney at 11:20 p.m. Council was reminded that the Motion of Member Bredesen was seconded by Member Schmidt for payment 00 0 City Clerk I