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HomeMy WebLinkAbout19841203_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 3, 1984 t. f ' 31 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. BOY SCOUT TROOP NO. 68 WELCOPED. Troop No. 68, from Good Samaritan Church in West Edina. Mayor Courtney welcomed members of Boy Scout EARL MEICHSNER RECOGNIZED. Mr. Rosland introduced Earl Meichsner stating that he has been an employee of the City since 1968 working in the position as health lab technician. Mr. Meichsner was commended for his excellent and thorough work in protecting the community's health and was presented with a silver pen bearing the Edina Logo. dedication and efforts. Members of the Council joined in expressing their appreciation of his 1 MINUTES of the Regular Meetings of September 10, 1984 and October 15, 1984, were approved as submitted by motion of Member Schmidt, seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PUBLIC HEARING ON ZONING CHANGE FROM R-1 TO MD-5 FOR EDINBOROUGH CONTINUED TO 12/17/84. As recommended by staff, Member Schmidt's motion was seconded by Member Turner to continue the public hearing on the zoning change from R-1 Single Dwelling Unit Dist- rict to MD-5 Mixed Development District for Edinborough, generally located west of York Avenue and south of West 76th Street, to the meeting of December 17, 1984. i Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PRELIMINARY PLAT APPROVAL FOR VICTORSEN'S VALLEY VIEW 2ND ADDITION DENIED BASED ON FINDINGS, DECISIONS AND REASONS. Planner Hughes recalled that the public hearing on preliminary plat approval for Victorsen's Valley View 2nd Addition was held at the Council Meeting of December 3, 1984. vision of an existing parcel of property on Brookview Avenue into two lots. Parcel A is the new lot that would be created and would receive its access by way of a 20-foot wide strip to Brookview Avenue located to the east. The Council re- The request involves a proposed subdi- quested that staff prepare draft findings of facts concerning the proposed plat and subdivision variance. Mr. Hughes advised that Findings, Decisions and Reasons have been prepared and that copies had been delivered to Mr. h1r.s.. Folke Victorsen, their.attorney, and to two of the neighbors adjoining the subject property. No further comment being heard, Member Bredesen moved denial of the proposed Victorsen's Valley View 2nd Addition and the requested subdivision variance, based on the Findings, Decisions and Reasons prepared by staff (copy attached). Motion for denial was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. LOT DIVISION APPROVED FOR LOTS 11 AND 12, BLOCK 1, PARKWOOD KNOLLS 8TH ADDITION. Mr. Hughes presented a petition for division of Lots 11 and 12, Block 1, Parkwood Knolls 8th Addition, advising that the request is for party wall divisions of two existing double bungalows. would recommend approval. the following resolution and moved its adoption: RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 12, Block 1, PARKWOOD KNOLLS 8TH ADDITION, and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Individual utility connectons are provided and staff No objections being heard, Member Bredesen introduced Northerly Parcel - Lot 12, Block 1, PARKWOOD KNOLLS 8TH ADDITION, according to the map or plat on file in .the office of the Registrar of Titles, County of Hennepin and State of Minnesota. That part of Lot 9, lying Northeasterly of a line drawn from the most Northerly corner of said lot to a point in the Southeasterly line of said lot, distant 15 feet from the most Southeasterly corner thereof, Block 1, PARKWOOD KNOLLS 8TH ADDITION, according to the map or plat on file in the office of the Registrar of Titles, .County of Hennepin and State of Minnesota. Except that part thereof which lies southerly of a line drawn westerly at an angle of 79 degrees 30 minutes 49 seconds from the east line of said Lot 12, measured from south to west, from a point therein distant 15.02 feet south of the northeast corner of said Lot 12; Southerly Parcel - That part of the following described property: Lot 12, Block 1, PARKWOOD KNOLLS 8TH ADDITION, according to the map or plat and 12 1 3 184 -- 32 on file in the office of the Registrar of Titles, County of Hennepin and State of Minnesota. That part of Lot 9,.lying Northeasterly of a line drawn from the most Northerly comer of said lot to a point in the Southeasterly line of said lot, distant 15 feet from the most Southeasterly corner thereof, Block I, PARKWOOD KNOLLS 8TH ADDITION, accordfng to the map or plat on file in the office of Registrar of Titles, County of Hennepin and State of Minnesota. Which lies southerly of a line drawn westerly at an angle of 79 degrees 30 minutes 49 seconds from the east line of said Lot 12, measured from south to west, from a point therein distant 15.02 feet south of the northeast comer of said Lot 12; fi ' 1 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 Ordinance 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 Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. LOT DIVISION APPROVED FOR LOT 6, BLOCK 1, REPLAT OF PART OF GRANDVIEW PLATEAU. Mr. Hughes presented a petition for division of Lot 6, Block 1, Replat of Part of Grandview Plateau, advising that the applicant requests a party wall division of an existing double bungalow. Individual utility connections are not provided for each unit. The City Building Official reports that a waiver of the separate utility connection requirement is warranted in this case. Staff would therefore recommend approval, subject to the issuance of the waiver. No objections being heard, Member Bredesen offered the following resolution and moved its adoption, subject to the issuance of a waiver by the Building Official: RESOLUTION 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 6, Block 1, REPLAT OF PART OF GRANDVIEW PLATEAU, and North Parcel - That part of Lot 6 lying North of a line running from a point in the West line of.Lot 6, distant 53.98 feet South of the Northwest comer of Lot 6 to a point in the East line of Lot 6, distant 54.09 feet South of the Northeast comer thereof, all in Block 1, REPLAT OF PART OF GRANDVIEW PLATEAU South Parcel - That part of Lot 6 lying South of a line running from a point in the West line of Lot 6, distant 53.98 feet South of the North- west comer of Lot 6 to a point in the East line of Lot 6, distant 54.09 feet South of the Northeast comer thereof, all in Block 1, REPLAT OF PART OF GRANDVIEW PLATEAU: 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 interefere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance 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 Turner. and Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 12/3/84 33 LOT DIVISION APPROVED FOR LOTS 12 AND 13, AUDITOR'S SUBDIVISION NO. 161. Elr. Hughes presented the petition for division of Lots 12 and 13, Auditor's.Sub- division No. 161, located at 4412 Grimes Avenue South. The proposed lot division involves three existing parcels at 45th and Grimes. Parcel A is the applicant's homesite which fronts on Grimes. Parcel B, which is also owned by the applicant, fronts on 45th Street and is vacant except for a small garage which has recently been constructed. Parcel C is the developed single family lot fronting on 45th Street;. will be conveyed to and attached to Parcel C and the remainder of Parcel B will be retained by the applicant and attached to Parcel A. garage is proposed for that part of Parcel B owned by the applicant. posed subdivision will result in three non-conforming parcels being combined to make two parcels which more closely conform to ordinance requirements. would therefore recommend approval. No objections being heard, Member Bredesen introduced the following resolution and moved adoption: The applicant requests a division whereby the westerly 20 feet of Parcel B A detached accessory The pro- Staff I RESOLUTION WHEREAS, the following described tracts of land constitute various separate parcels: The east 1/2 of Lot 13 and the east 50 feet of the west 100 feet of that part of Lot 12 lying south of the north 50 feet thereof all in Auditor's Subdivision No. 161, and 4 0 "Parcels") : 00 0 WHEREAS, the owners of the above tracts of land desire to subdivide and combine said tracts into the following described new and separate parcels (herein called Lot 13, except the east 30 feet thereof; That part of Lot 12 lying south of the noreh 50 feet thereof, except that part thereof which lies east of a line drawn parallel with and 30 feet west of the east line of said Lot 13 and its extension; All in Auditor's Subdivision No. 161, Hennepin County, m a Minnesota and That part of Lots 12 and 13, Auditor's Subdivision No. 161, Hennepin County, Minnesota, which lies east of a line drawn parallel with and 30 feet west of the east line of said Lot 13 and its extension. Except'the north 50 feet of that part of said Lot 12. 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 Ordinance 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 Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. HEARING DATES SET FOR PLANNING MATTERS. motion was seconded by Member Turner, setting December 17, 1984, as hearing date €or the following planning matters: 1) As recommended by staff, Member Bredesen's Indian Hills 2nd Addition - R-1, Single Dwelling Unit District to R-2, Double Dwelling Unit District - Generally located west of Gleason and south of the Crosstown Highway Crossview Lutheran Church - Conditional Use Permit Ordinance No. 812-A2 - Regulating Construction and Maintenance of Radio and Television Antennas, Exterior Dish Antennas, and Supporting Towers. I Motion carried. 2) 3) Ayes: Bredesen, Richards, Schmidt, Turner, Courtney PORTION OF CONCORD AVENUE VACATED SUBJECT TO CONDITION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Engineer Hoffman advised that'the request is to vacate a small portion of Concord Avenue located north of Golf Terrace. Golf Terrace held on September 17, 1984, the 50 foot right of way for Concord Avenue which has never been constructed was included in the proposed assessment to the abutting properties at 4610 and 4700 Golf Terrace. time had indicated that staff should initiate a petition to formally vacate the subject right of way. Mr. Hoffman stated that this public hearing is being held to accomplish that objectiLve, that the abutting property owners would be glad to have the right of way vacated. He noted that Edwin C. Moore, 4610 Golf Terrace, He recalled that at the assessment hearing for The Council at that 121 31 84 . 34 had questioned whether there was any concern that the right of way be kept open for future golf course development. Staff's opinion is that if there ever were future development that access should be by way of Wooddale Avenue and would therefore recommend that the right of way be vacated. Mr. Hoffman pointed out that Northern States Power Company and Minnegasco Company haye no objection to the proposed vacation. No response has been received from Northwestern Bell Telephone Company and the vacation should be granted subject to their approval. No comment or objections being heard, Member Turner introduced the following resolution and moved adoption, subject to approval by Northwestern Bell Telephone Company : RESOLUTION VACATING PORTION OF RIGHT OF WAY I OF CONCORD AVENUE ?HEREAS, a resolution of the City Council, adopted the 15th day of October, 1984, fixed a date for a public hearing on a proposed vacation of portion of right of way of Concord Avenue; and WHEREAS, two week's published and posted notice of said hearing was given and the hearing was held on the 3rd day of December 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 ' TJHEREAS, 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 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 portion of Concord Avenue be and is hereby vacated effective as of December 3, 1984: . That portion of Concord Avenue as dedicated in Hansen and Parks 1st Addition Country Club District and in Golf Terrace Heights Addition lying between the North line of said Additions and the North line of Golf Terrace, a street dedicated in said additions. I 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, Seciton 412.851. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. BID ATJARDED FOR COLLECTION OF GARBAGE AND REFUSE/CITY PROPERTIES. presented tabulation of bids for collection of garbage and refuse for City properties, advising that the bid specifications asked the bidders to bid for both 1985 and an option for 1986. Mr. Rosland The bids were as follows: 1985 1986 Estimated Estimated BFI $2.29 $12,551.49 $2.47 $13,538.07 Quality Waste Control 2.73 13,202.50 2.95 14,258.70 G ti H Sanitation 2.85 15 , 000.00 3.10 16,100 .OO Member Turnerrmoved award of bid'.for collection Qf garbage ~nd__~efuse~~o~~Cit~1_. properties to recommended low bidder, Browning-Ferris Industries, at $12,551.49 for 1985 and $13,538.07 for 1986. $ Per Yd cost $ per yd cost Motion was seconded by Member Bredesen. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. YEAR-END COUNCIL MEETING SCHEDULED FOR 12/28/84. As recommended by staff, Member Schmidt's motion was seconded by Member Turner setting the year-end Council Meeting for December 28, 1984, at 5:OO p.m. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. HENNEPIN COUNTY COMMITTEE APPOINTMENTS DISCUSSED. Mr. Rosland called the Council's attention to the annual list of all Member-at-Large appointments to various Hennepin County committees with terms commencing at various times throughout the year. warding to the Clerk of the County Board. He suggested that names of persons for appointment be given him for for- No action taken. ABM LEGISLATIVE POLICIES FOR 1985 REVIEWED. Mr. Rosland advised that staff has reviewed the proposed Legislative Policies for 1985 of the Association of Metro- politan Municipalities (MM) and have no objections or significant alterations to recommend except as follows: 12/3/88 35 1) Taxi Cab Regulations - Recommend that licensing of drivers and vehicles together with vehicle inspection be done by the State. 2) Local Government Aids - Advocate an overall reduction in the level of state support to-all local units with a corresponding reduction in the levels of State taxation as an effort to improve the business climate. 3) Shade Tree Disease Control Program - Oppose County funding on the property tax, and recommend that funding should be a local community decision. After a brief discussion thereon, Mr. Rosland stated he would present these positions at the ANM's General Meeting on December 6, 1984. I.C.M.A. RETIREMENT PLAN TRUST TO BE CONSIDERED AT NEXT MEETING. Mr. Rosland advised that staff would like to continue consideration of the 1.C.M.A Retire- ment Plan Trust to the next Council Meeting. seconded by Member Turner to continue the matter to the meeting of December 17. Member Schmidt's motion was Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. COUNTY APPROVES RECOMMENDATION FOR TRAFFIC SIGNALS ON VERNON AVENUE. Member Turner commented that she was pleased to learn that Hennepin County had approved the City's recommendation for traffic signals on Vernon Avenue and Bren Road and Hwy. 18. SHHSC BOARD APPOINTMENT DISCUSSED. Member Turner advised that she had submitted one name for appointment to the South Hennepin Human Services Council to fill the vacancy following the resignation of Sally Tang. that if not filled sooner, board/commission appointments will be made as of February 1, 1985. Mayor Courtney commented LETTER FROM LINDA YOHN REGARDING WINE LICENSING NOTED. Member Schmidt noted that the Council Members had received a letter from Linda Yohn, 6612 Hillside Lane, stating her opposition to wine licensing for the City. E. BUSH LAKE ROAD/78TH STREET-'DISCUSSED. Member Schmidt inquired about the County's plan for traffic signals at E. Bush Lake Road/78th Street. Mr. Hoffman advised that the 78th Street corridor has become very busy as a result of all the development by Bloomington on the north side of 11494. to construct signals at E. Bush Lake Road and 78th Street as soon as funds are available. He added that the City staff has been working with the Bloomington staff to look at 78th Street with regard to traffic volumes and turning movements. No action was taken. Hennepin County intends DEAD-END SIGN FOR STREET INTO SOUTH HAVEN APARTMENTS DISCUSSED. stated that he had a request from residents living at the South Haven Apartments to make the "Dead End" sign more conspicuous in an effort to eliminate the entry and turning around of cars who do not see the sign. the signage would be checked by staff. Mayor Courtney Mr. Hoffman responded that EDINA CHAMBER OF COMMERCE TO SPONSOR EDINA DAY AT MINNESOTA TWINS GAME IN JUNE. Mr. Rosland advised that the Edina Chamber of Commerce is sponsoring an "Edina Day" at the Minnesota Twins game on June 25, 1985, and is hoping for a large delegation of residents of the community who will attend. ORDINANCE NO. 171-A18 (DOG LICENSE FEE) ADOPTED; SECOND READING WAIVED. Mr. Ros- land advised that staff would recommend the fee for dog license be increased to $20.00 per dog or $7.00 per neutered dog, noting that there has been no increase in these fees for a number of years. Chief Swanson pointed out that the City is converting to a permanent license number system for dogs and that renewal notices will be mailed out each year. No objections being heard, Member Bredesen intro- duced Ordinance No. 171-A18 and moved adoption with waiver of Second Reading as follows : ORDINANCE NO. 171-A18 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO INCREASE THE FEE FOR DOG LICENSE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The amount of the following described Fee Number of Schedule A to Ordinance No. 171 is hereby amended to read as follows: ORD. SEC. NO. - NO. PURPOSE OF FEE/CHARGE . AMOUNT FEE NO. 312 10 Dog license $20.00 per dog or 7f $7.00 per neutered dog Sec. 2. passage and publication for all dog licenses to be effective January 1, 1985, and thereafter. Motion for adoption of the ordinance was seconded by Member Turner. This ordinance shall be in full force and effect following its 121 31 84 Rollcall : Ayes: Bredesen, Schmidt, Turner, Courtney Nays: Richards Ordinance adopted. ATTEST : *A 7%. !&+A- City Clerk I CLAIMS PAID. payment of the following claims as per Pre-List dated 12/3/84: $102,106.22, Park Fund ~$118,451.21, Art Center $1,516.89, Golf Course Fund $2,869.86, Recreation Center Fund $1,461.29, Gun Range Fund $780.30, Waterwork Fund $35 , 938.92 , Sewer Rental Fund $20 , 952.22 , Liquor Dispensary Fund $2,034.9.5 , Construction Fund $1,440.77, Total $287,633.63. Motion of Member Turner was seconded by Member Bredesen for General Fund Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. There being no further business on the agenda, Nayor Courtney declared the meeting adjourned at 7:55 p.m. %A 7%. ad- * City Clerk