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HomeMy WebLinkAbout19870223_regular346 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 23, 1987 Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney. RESERVE POLICE OFFICERS AND EXPLORER POST 925 COMMENDED. Chief Craig Swanson introduced the Edina Police Explorer Post 925 members, noting that 14 of the 22 Explorers were in attendance. pated in a community crime prevention project by checking every house in the City for properly displayed house numbers. Approximately 150 residents were contacted concerning their need for numbers. on the houses of those requesting assistance. Clearly visible house numbers are extremely important during an emergency situation. the Edina Police Explorers for their outstanding contribution in the area of crime prevention and community service. 15 Edina Police Reserve Officers who were present and commended all of the Reserves for their outstanding and dedicated community service. tion was gLven to: Loren Hallonquist for 10 years of service and Scott ;Johnson for 13 years of service. Robert Moreland was recognized for distinguished and meri- torious service on November 3, 1986. On that date while at his place of employ- ment at Hennepin County Medical Center he responded to a female employee's cries for help who had been assaulted with a knife. he gave chase and apprehended,the suspect. thanks and appreciation to the Explorers and Reserve Officers. During the fall of 1986, the Explorers partici- I The Explorers also installed numbers The City of Edina commends Chief Swanson also introduced 7 of the Special recogni- After giving assistance, The Council Members expressed their CONSENT AGENDA ITEMS ADOPTED. Member Turner to adopt the consent agenda as presented. Motion was made by Member Kelly, seconded by Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney. Motion carried. *COUNCIL MINUTES OF JANUARY 26 AND FEBRUARY 2, 1987 AND SPECIAL MEETINGS OF JANUARY 12 AND FEBRUARY 2, 1987 APPROVED. Motion was made by Member Kelly, seconded by Member Turner to approve the minutes of the regular meetings of January 26 and February 2 and the Special Meetings of January 12 and February 2, 1987. Motion carried on rollcall vote, five ayes. PUBLIC HEARING ON FINAL DEVELOPMENT PLAN FOR FAIRVIEW SOUTHDALE HOSPITAL TABLED. Manager Rosland stated that Fairview Southdale Hospital staff are planning on taking their Final Development Plan back to the Community Development and Plan- ning Commission for hearing and tabling of the hearing is recommended. Motion of Member Kelly was seconded by Member Turner to table the matter of the Final Development Plan for Fairview Southdale Hospital. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. CONDITIONAL USE PERMIT GRANTED FOR COLONIAL CHURCH OF EDINA. (Member' Turner stated that because she -and her husband were active members of Colonial Church and have been involved in the church's expansion planning that she would not participate in the hearing on the Conditional Use Permit and left the meeting.) Affidavits of Notice were presented by Clerk, approved and ordered place on file. Phil Dommer, Planner, presented the request of Colonial Church of Edina, generally located north of the Crosstown Highway and west of Tracy Avenue, for a Conditional Use Permit. educational activities, a multi-purpose gymnasium area and a media center. The church requests permission to add approximately 37,000 square feet of building to the site and an additional 146 parking stalls. the most part lie to the south of the existing building with a small addition to the west. of the site. be the addition of a southerly entrance. make the new parking area more accessible to the members of the church and that on-street parking will be decreased. lopment and Planning Commission on January 7, 1987 and the item was continued to allow time for a traffic analysis and parking study to be done as well review by the Nine Mile Creek Watershed District and the Hinnesota Department of Natural Resources (DNR). permit. At that time, Colonial Church retained Benshoof and Associates to conduct the traffic study. distances, additional signage and traffic control for special events. ing satisfactory evidence that the appropriate permits were to be granted by the Watershed District and the DNR, the Planning Commission again reviewed the pro- The permit would allow a major expansion of the church facility for I The proposed addition will for Additional parking will be located primarily on the southeasterly portion Mr. Dommer pointed out that one of the most favorable features will It is hoped that the new entrance will The request was heard by the Community Deve- The large pond located on the church site is subject to a DNR The project is also subject to a permit by the Nine Mile Watershed District. Some of the recommendations of the study involved sight line Upon receiv- 2/23/87 ' 347 posal on January 28, 1987. tional Use Permit subject to the following: 1) That the church enter into a proof of parking agreement consisting of a fixed annual review, and 2) Receipt of the DNR permit. Since that time, a revised site plan has been submitted which the Commission did not review. Mr. Dommer presented graphics of the new site plan pointing out that the basic change has been the combination of parking areas with some alteration of the ponding area. The site plan was changed in response to recommendations and conditions imposed by the DNR. Mr. Dommer said that parking for the site meets Ordinance standards. Colonial Church estimates a maximum seating capacity in the largest area of 950 people. By the Ordinance standards that would require 317 parking stalls and the site plan provides approximately 675 parking stalls. Larry Laukka, chairman of the Colonial Church building committee, was present to represent the church. Also present were James Benshoof of Benshoof and Associates, Inc. and James Goulet, civil engineer, who worked on the original development of Colonial Church as well as the expansion plan. for expanding the facility was to meet the needs that the church examined and identified back in the 1970's when the church was located on Wooddale Avenue. It was anticipated then that to answer the long term needs the church would need in excess of 80,000 square feet of space. accommodate all of those future uses but because of lack of funds the plan was scaled back to the existing facility of approximately 43,000 square feet. said the church is now expanding into counseling services which exceeds the present capacity of the facility and there is also a need for additional space for educational purposes and storage area. Seating in the santuary will be increased to a maximum of 1170 people if a ratio of 18 inches per person is used. Mr. Laukka said they have also addressed the question of traffic and need for additional parking.' The expansion plan revises the north parking lot to increase the parking capacity there and essentially doubles the size of the south parking lot. the church has been oriented towards the north. Traffic has come from the north and from the south and some overflow parking on Olinger has resulted. Mr. Laukka said that to address that problem, a south entrance to the building is proposed and the way the building will be used in its expansion mode will encourage parking on the southerly lot. have to be modified and a bridge will be constructed so that people can access the facility from the south parking lot. slide presentation illustrating the proposed expansion in scale.mode1 form from all sides of the site, pointing out the expansion details. He noted that concerns have been raised as to: 1) the ability to retain storm water on the site, and 2) parking and traffic management. In working with both the Nine Mile Creek Watershed District and the DNR, the ponding area has been reworked so that the site will retain the same amount of storm water as . it was required to retain in 1976 when the church was built and the island will remain as a habitat for ducks and geese. traffic has been addressed. last Fall using typical Sundays and Thursdays when the church has peak activity. has been developed for annual reviewal. Parking will be retained as best the church can on the site and on Colonial Way, refraining from parking on Olinger Boulevard or Tracy Avenue, and attempting to relieve traffic con- gestion on the ramp at Tracy coming from the Crosstown. Parking could be expanded on the site if needed at some future time. Olinger Boulevard, presented a document signed by residents of the area. He said the issue of the residents was not the validity, need, extent or nature of the church expansion but the issue is parking and traffic manage- ment, proper procedure in filing for permits, and whether the Planning Commission followed legal procedure in the hearing process. Erickson said that this had been brought to his attention and it was his understanding that the Planning Commission did have two conditions for further consideration of the matter; that subsequently the Planner did bring the matter back to the Commission with the statement that he had been advised that a DNR permit was ready to be issued and that the traffic con- sultant had made their report. voted to rehear the matter. Mr. Erickson opined that, based on these facts, They imposed the conditions and by subsequent vote after report of the Planner they decided to hear the matter. document as follows: 1) communications, 2) validity of traffic studies, 3) plans to improve traffic and flow control, 4) neighborhood relations between the church and residents, 5) traffic control in case of emergency, The Commission recommended approval of the Condi- Mr. Laukka explained that the primary purpose' The facility was designed to He 1 The key to the development plan is that essentially To accomplish this the pond will Mr. Laukka then gave a brief The issue of parking and Parking has been analyzed on a number of occasions Management of parking on the site was evaluated and a draft proposal Bill Johnson, 5816 Attorney Tom On the basis of that statement the Commission . that the Planning Commission did properly hear the matter. Mr. Johnson then presented the issues raised in the 6) watershed district issues, 7) damage to property because of pile driving and 8) future expansion of church. Response by representatives of Colonial Church was as follows. Skip Goodmundson, Administrator, said that the invitation to the first meeting held by the church was sent to the same mailing list as the City sent notice of public hearing, which list was up- 2-23-87 348 dated by the secretary of Nine Mile Village Association. to attend, they were invited to stop at the church for information on the proposed expansion. ing and traffic analysis to address the questions raised and that although traffic counts were taken on only two Sundays, they did not rely solely on'those counts but reviewed attendance data for the church for a full year to see how it fluctuated and adjusted the results of the parking counts to represent the 85th percentile highest event day and concluded the maximun need for parking is 494 parking stalls. driveways for residents on Olinger Boulevard, Mr. Benshoof said a suggest- ion was made at the Planning Commission meeting that the City consider the installation of guide sign on Tracy Avenue to direct church traffic to use Colonial Way. are indeed some traffic delays but that they generally are within normal limits and not excessive. church at peak times. The study made two suggestions: 1) that the sight distance be improved at the northwest corner of the intersection of Tracy/Crosstown, and 2) that additional street lighting be added to the intersection to improve nighttime visibility. Mr. Goulet stated that the changes in the site plan were in response to conditions imposed by the Nine Mile Creek Watershed District for issuance of the DNR permit. be re-submitted to the Watershed District for final review. ment is storage of storm water, i.e. volume and afea. of damage from pile driving, Mr. Goulet said .the process has certain limitations imposed on it in terms of acceleration and frequency and those standards were developed by the U.S. Bureau of Mines and represent threshold values of cosmetic damage. might be affected prior to start of construction (visual observation and photos) and seismic data that would occur during construction would be recorded. construction is completed those same structures would be viewed once again to see if there is any damage. Mr. Laukka said that the residents of Nine Mile Village have been told by the church that pile driving is noisy, it does shake the earth and that to protect the church and the neighbors their properties will be photo- graphed prior to construction and then following construction and that the church will respond if there are any problems. Noise will be regulated in terms of starting and stopping each day and by specifications in the contract. future expansion of the church facility, Mr. Laukka said they are essentially prepared to sign off at this point on the main structure; that they.have maximized the impact the facility can make on the site and the impact it can make within the Watershed District. for further additions to the site if that is proposed at some future time. -Stroud, resident and board member of Nine Mile Village, stated they have had good cooperation from the church representatives at various meetings; are not concerned but have asked for a letter concerning liability; and are generally supportive of the project. Carol Rothe, 6105 Arbour Lane, said she was more concerned about traffic resulting from activities at Countryside Park than that generated by the church and that there was much positive attitude in the area regarding the church. . building closest to the church and that the building has constructural problems. His mother bought the property in November of 1985 and it has a history of ground water and foundation problems dating back to when the church was first built. Footings and the foundation are in a state of constant movement. were concerned that the pilings for the church will affect expansion of the sub- soil and ground water. to cover structural losses that may occur and she also requested that the church provide funds for her to hire a consulting engineer to protect her. requests that the church provide insurance to cover any physical losses of possessions within the interior of her townhouse as a result of the driving of pilings for construction. She also requested that pilings be driven only during normal daylight hours. Mr. Botten concluded that they have no problem with the church expansion, that the church is a good neighbor and they are only concerned about the short and long time effect to their building and the damage that may occur as a result of the construction. the church's position is that they want to be sure that the construction activity does not do any damage. If it does, it is the church's responsibility. He reiterated that the church would be sure the contractors and subcontractors would have the necessary specifications and standards, that seismic monitoring points will be placed between the church and Nine EEle Village, and that the church has been advised that there will be no damage to any property, but if it should occur the church will take care of it. Ruth Miller, 6330 Red Fox Lane and Walt Miller, 6201 Tracy Avenue. Mr. Miller ~ suggested that a.traffic light at Tracy and the\Crosstown would alleviate some of the traffic problems. agreement. that the intent is that, though we recognize that they have exceeded Ordinance requirements for parking, should there be a problem based on residents' concerP-, For those not able Mr. Benshoof stated that they performed a detailed park- With regard to the difficulty of getting out of the -_ About traffic delays at Tracy/Crosstown, the study found there Special off-duty police patrol is provided by the Prior to actual construction, the plan will The basic require- With regard to the concern % . For this project that will include an inventory of the structures that After , As to He pointed out that there is a process Dale . Y' Bruce Botten, 6248 Sandpiper Court, said he and his mother live in the He said they His mother has requested that the church provide insurance She also I In response Mr. Laukka said that basically Speaking in support of the project were Member Richards asked for a clarification of the parking Mr. Dommer explained that this is unusual for church property and 2/23/87 349 by entering into the agreement the church would provide additional parking or additional measures to control traffic. Mr. Laukka commented that the church offered to enter into the agreement as they feel it is in their best interests to manage the traffic on the site. Member Richards then. asked about the recommendation to improve ingress and egress from Colonial Way. Mr. Laukka explained that the traffic consultant has suggested that the three mature pine trees which block the vision to the north for west- bound vehicles on the Crosstown which are exiting onto Tracy be removed. trees are located on City property and should be considered for removal. other issue is installation of a guide sign on the corner of Colonial Way and Tracy which. would be located on park property to identify the route to Coloni7l Church. Traffic Safety Committee and'that the church be responsible for any costs incurred in carrying out the recommendations to which Mr. Laukka agreed. Member Smith commented that a traffic signal at Tracy and the Crosstown would come under the jurisdiction of Hennepin County. Engineer Hoffman pointed out that presently there are no warrants for a traffic signal. response to Member Smith, Mr. Hoffman said that there is no precedent for posting of a private sign on public lands. in support of the project that when the church acquired the property we recognized the size of the site and that it is an appropriate use of the site; that there are no variances requested; that the parking agreement will address future concerns as to parking and traffic control; that the appropriate permit must be in place before construction can begin; and the concerns expressed regarding structural damage will be a private matter between the church and property owners. Member Richards then introduced the following resolution and moved its adoption, subject to execution of the proof of parking agreement by Colonial Church and receipt of the DNR permit : The The Member Richards suggested this be handled through the In Member Richards then commented RESOLUTION GRANTING CONDITIONAL USE PERMIT WHEREAS, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance) have been met; and WHEREAS, it has been determined that the Findings as required by Ordinance No. 825 have been satisfied; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a Conditional Use Permit to Colonial Church of Edina for building expansion. Motion for adoption of the resolution was seconded by Member Smith. Rollcall : Ayes: Kelly, Richards, Smith, Courtney Resolution adopted. (Member Turner returned to the meeting at this point on the agenda.) PRELIMINARY PLAT APPROVED FOR WARDEN ACRES DAHLE REPLAT. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Mr. Dommer presented the petition for preliminary plat approval for Warden Acres Dahle Replat generally located south of Grove Street and west of Garden Avenue. The property is currently developed with two single family lots containing approx- imately 52,000 square feet. were heard by the Council on May 19 and September 15, 1986. two single family lots were proposed with lot widths of 72.8 feet each. Zoning Ordinance requires a minimum lot width of 75 feet so both were sub- standard lots. parcel as outlots. new, modified proposal for the property. Lot 1, Warden Acres, Peterson Replat (Lot 3, directly to the east) has been added to the plat. mately 101 feet of frontage on Garden Avenue and 120 feet of depth along Grove Street. The proposed plat takes 4.4 feet of the depth of this lot and adds it to the width of Lots 1 and 2 of the proposed plat. Lot 3 then becomes non- conforming since it no longer provides the required depth of 120 feet. All three lots conform to all other Ordinance requirements. The southerly portion of the property would be platted an an unbuildable outlot as in previous proposals. This matter was heard by the Community Development 'and Planning Commission on January 28, 1987, and noting the elimination of setting an undesirable precedent by granting approval to two substandard lots, Lots 1 and 2 would now be conforming, and noting that there would be additional spacing between dwellings they recommended approval of the preliminary plat with these conditions: 1) Sub- division dedication fee and 2) payment of utility connection charges. Member Kelly asked if approval would allow Oak Lane to be extended at some time in the future. extention of Oak Lane, except that the extention would permit development of two additional lots. Member Richards raised the question of the one year restriction before this matter could be brought back for hearing. Erickson explained that the one year restriction following denial applies only to rezoning requests and does not apply to platting. Member Turner asked if there are any existing lots in this neighborhood which are substandard as to He recalled that similar proposals for the property On those occasions The Both of those proposals identified the southerly area of the Mr. Dommer advised that the proponent has returned with a This lot has approxi- . Mr. Dommer replied that it does not prohibit or encourage the Attorney 2/ 23/ 87 350 depth. . standard lots. Tory Dahle, the proponent, commented that at the previous meet- ing it was suggested that perhaps a neighbor would be willing to sell some land to be added to the proposed plat to bring the lot widths up to Ordinance requirements. Mr. Dahle said that he has contacted the owner of Lot 3 and he has agreed to sell approximately 4 feet which would address the concern raised by the Council with regard to setting a precedent by approving substandard lots. James Peterson, owner of the subject Lot 3, said he has agreed to sell 4 feet of his property to Mr. Dahle. Mr. Peterson recalled that about six years ago he had addressed the Council with regard to a subdivision he was proposing in con- junction with his neighbor across the street which is now Garden Avenue. The neighborhood at that time was composed of four older homes which were deteriorat- ing, manyLacres of land and a dirt street. Unfortunately, Mr. Peterson said they could not develop the entire neighborhood and developed only those parcels they owned. There are now ten new homes and a new street and three of the four older homes have been rehabilitated. the means for rehabilitating the remaining older home. lot sizes originally laid out are too big, and yet when subdivided are too small and it has created a conflict as how to properly use the land. stated that the proposed plat is the proper use of the land and will afford proper use for the third section of development in due course along the proposed Oak Lane. With regard to the reduced lot depth of his lot, Mr. Peterson said it is a large lot and the four feet to be sold is excessive driveway width and he felt it would not have a negative effect on the neighborhood. further com.aent, Member Kelly introduced the following resolution and moved adoption, subject to 1) payment of a subdivision fee and 2) payment of utility connection charges: Mr. Dommer responded that within the general area there are no sub- I . He said that the plat proposed by Mr. Dahle is The problem is that the Mr. Peterson There being no RESOLUTION APPROVING PRELIMINARY PLAT FOR WARDEN ACRES DAHLE REPLAT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Warden Acres Dahle Replat", platted by Dahle Brothers, Inc., and presented at the regular meeting of the City Council of February 23, 1987, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Mayor Courtney. Member Turner commented that she could not support the request because a sub- standard lot will be created, there is no hardship which would justify approval, and that denial of the plat here will not prevent ultimate replatting of the lots north of Benton Avenue. Following further discussion, Mayor Courtney called for the rollcall vote on the motion. Rollcall : Ayes: Kelly, Smith, Courtney Nays : Richards , Turner Resolution adopted. I PRFLIMINARY PLAT APPROVAL FOR LOT 5,. MUIR WOODS (ROBERT GRIFFITH) CONTINUED TO 3/2/87. contriiue the public hearing on the preliminary plat for Lot 5, Muir Woods to the meeting of March 2, 1987. As recommended, motion of Member Kelly was seconded by Member Smith to Ayes: Kelly, Smith, Richards, Turner, Courtney Motion carried. *APPOINTMENT OF ASSISTANT WEED INSPECTOR APPROVED. Kelly, seconded by Member Turner to approve the appointment of Eugene Davis as Assistant Weed Inspector for the year 1987. Motion was made by Member Motion carried on rollcall vote, five ayes. APPOINTMENTS TO ADVISORY BOARDS/COMMISSIONS AND COUNCIL LIAISON ASSIGNMENTS CONTINUED TO 3/2/87. Council for openings on advisory boards and commissions, the Council Members informally agreed to continue the matter of appointments as well as Council liaison assignments to the meeting of March 2, 1987. REPORT GIVEN ON ARNESON ACRES PARK AGREEMENT. Edina Park Board had made.a study as to a permanent home for the Edina Historical Society. considered which led to conversations with the Edina Garden Council which presently is working out of the Park. Over the past months a master plan has been developed for Arneson Acres Park and the Arneson home based upon an anticipated joint use of the facility by the Garden Council and the Historical Society. The Park Board has approved .the Arneson Acres Park Master Plan in concept, the preliminary agreement between the Garden Council and the Historical Society and the.Arneson Acres Museum Plans in concept and are recommending approval by the Council. Park Director, advised that Jim Robin, architect, was hired to develop the master plan design for Arneson Acres Park. the Park and pointed out the main areas including the Arneson home, the lake area, Because of the large number of candidates interviewed by the I Manager Rosland recalled that the That study recommended that the Arneson home in Arneson Acres Park be - Robert Kojetin, He then showed graphics of the master plan for 2/23/87 351 7z m a the formal garden area (which had been designed in concept by Mr. Arneson), the forested area, the parking area and the path system through the Park. He noted that these areas are designed in concept only now and the plan.wil1 need to be refined as the Park is developed. Mr. Kojetin said that the mainte- nance building needs repair and that the City's capital budget has scheduled money two years from now to upgrade the building. Dunwiddie of Miller Dunwiddie Associates who has prepared plans for the renova- tion of the Arneson home. Mr. Dunwiddie said that he has been meeting with the Garden Council and the Historical Society over several months to reflect in the design of the house the needs of both groups. He presented graphics showing the orientation of the house to the immediate grounds surrounding it and then showed floor plans for the terrace level to be used by the Garden Council and the first floor level to be used by the Historical Society. expansion of the Arneson House is proposed to be done in two phases. Phase I improvements to the house would make a number of changes on both the terrace level and the first floor level which were explained in detail. project provides for an expansion of the house to the northeast. The first floor of the expansion would include an office/reception area, exhibit space, and an entry lobby. Mr. Dunwiddie concluded his presentation by stating that it is felt this would be an appropriate use of the facility. Mr. Rosland said that the Garden Council and the Historical Society have drafted an agreement to be executed with the City which defines usage by each group under the Phase I construction, user fees and building operations. joint use of the living room/library on the first floor level. The agreement also provides for a scheduling plan for the facility. As to funding, Mr. Rosland submitted that Phase I is estimated at $35,000 and staff would recommend that money come from the Developer's Fund. the 1988 Edina Centennial to raise $250,000 and the Centennial Commission is ready to proceed with that challange upon Council'approval. out that Phase I would also require the approval of a Conditional Use Permit which would have to go through the normal hearing process of the Council. In summary, Mr. Rosland recommended for Council approval: 1) concept approval of the Ameson Acres Park Master Plan and the Historical Society/Garden Council building renovation and expansion, 2) expenditure of $35,000 for Phase I, and 3) Conditional Use Permit process. Member Smith then made a motion for concept approval of the Arneson Acres Park Master Plan and the Historical Society/Garden Council building and to proceed with th+ Conditional Use Permit .process. Motion was seconded by Member Turner. should be discussed first. He said at the Park Board meeting a question was raised about using money from the Developer's Fund for the Arneson house renovation and how much should be spent. This. is the first time the Council has seen the park master plan and the renovations plans and he felt the Council should fully understand all the issues and how the two organizations would be impacted by these decisions. Jim Fenlason, president of the Historical Society, said that they have had many meetings with the Garden Council on the shared use of the building and the format for the usage considerations have been basically agreed on by both groups. He said that the Society is excited about the prospect of a permanent home and hope to get back in business this summer to prepare for the 1988 Edina Centennial. Then they would hope to move on with Phase I1 with the funds raised during the Centennial. Mr. Fenlason said the Society has some limited funds they could use for Phase I but nothing close to the total cost. Bev Harris, president of the Garden Council, said they were very excited about the plan and had no disagreement with Phase I. garden clubs have agreed to work with the Historical Society. Phase I calls for the removal of the stairs between the two levels and the clubs like that separation of the two areas. In response to Member Smith, Mr. Rosland explained the Conditional Use Permit process and timetable which indicated that the public hearing on the permit could be on the Council's agenda on April 20. before looking at funding. costs for the Park and if the City can afford this within the annual budget for the Park Department. for the utilities and would maintain the interior of the building. would maintain the exterior as in the past. would be making some major decisions and that they needed the full opportunity to digest and discuss this and to understand all the financial obligations. Member Kelly said she supported the plan concent; that it was developed out of a philosophical condition of the Park Board who approved the plan, and that the two organizations have worked very hard on this. After further discussion, Mr. Rosland said he would have staff prepare additional information to answer the questions and issues that have been raised and would bring that back to the Council on March 2, 1987. Member Smith then withdrew his motion and Member Turner withdrew her second. No formal action was taken. He introduced Foster The renovation and Phase 2 of the The lower level would include collection storage and restrooms. When Phase I1 is completed the agreement provides for Phase I1 has been targeted as a goal of Mr. Rosland pointed Member Richards commented that all the issues All nine Member Smith said that the intent of his motion was to go that far Member Turner raised the question of the operating Mr. Rosland clarified that the two groups would pay Member Richards said the Council The City 2/23/87 352 TEMPORARY CLOSING OF WEST 50TH STREET FOR EDINA ART FAIR APPROVED. advised that a request has been received from the 50th and France Business and Professional Association to close West 50th Street to vehicular traffic from Halifax Avenue to France Avenue during the Edina Art Fair. Mark Zierden, repre- sentative for the 50th and France Business & Professional Association, said that the request would be for Saturday, June 6 from 10 a.m. to 6 p.m. and Sunday, June 7 from noon to 5 p.m. The purpose is two-fold: 1) to create overall safety for the Art Fair by means of a controlled area for pedestrians free of the hazards of motorized traffic, and 2) to create a more festive atmosphere enchancing the overall appearance of the Art Fair. Mr. Zierden said their main concern is safety for pedestrians and that no stands or permanent objects would be placed in the street itself for any performers. said the Association would be responsible for making these arrangements and that he had contacted the MT.C and they indicated they could re-route for those times. Mr. Rosland pointed out that if approved the Police Department recommended the following restrictions: 1) Closure be permitted only on Saturday, June 6 from 10 a.m. to 6 p.m. and Sunday, June 7 from noon to 5 p.m., 2) that artists be required to set up on sidewalks, leaving the street to pedestrian traffic and that no staging or structure be placed in the street, and 3) that the Association would be responsible for making arrangements with the NTC. Member Smith to approve the temporary closing of West 50th Street during the Edina Art Fair as requested and subject to the restrictions recommended by the Police Department. Manager Rosland I As to re-routing MTC buses, Mr. Zierden Motion was made by Motion was seconded by Member Turner. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. *HEARING DATE SET FOR VACATION OF STREET RIGHT OF WAY (BRAEMAR HILLS llTH ADDITION). Motion was made by Member Kelly, seconded by Member Turner for adoption of the following resolution: RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEMENTS FOR STREET, DRAINAGE AND UTILITY PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: 1. of land affected thereby that the following described easements' for street, drainage ahd utility purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: Right of way and drainage and utility easements on and adjacent to Lots 4 and 5, Block 1, Braemar Hills 11th Addition. That part of Marth Court lying West of the northerly extension of the East line of said Lot 4, Also that part of the adjacent drainage and utility easement lying West of a line 10 feet West of and parallel with the East line of said Lot 4, and its northerly extensions. Subject to proposed drainage and utility easements over; The East 10 feet of the above described vacated Marth Court, Also that part lying 5 feet on either side of the South line of said Lot 5 and its easterly extension. It is hereby found and determined, after receipt of the petition of the owners I 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. purpose of said hearing to be published once a week for two weeks, in the Edina Sun-Current,*being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, as least 14 days prior to the date of such hearing, in at least three (3) public and con- spicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: This Council shall meet at the time and place specified in the form of notice c The Clerk is authorized and directed to cause notice of the time, place and (Official Publication) CITY OF EDINA 4801 14. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ONVACATION EASEMENTS FOR STREET, DRAINAGE AND UTILITY PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on'April 6, 1987, at 7 o'clock p.m. for the purpose of holding a public hearing on the proposed vacation of the following easements for street, drainage and utility purposes: All persons who desire to be heard with respect to the question of.whether or not the above proposed vacation is in the public interest and should be made shall be heard at said time and place. such proposed vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, (Legal description as included in paragraph 1. of this resolution) The Council shall consider the extent to which 2/23/87 353 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 easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk Motion carried on rollcall vote, five ayes. BOARD/COMMISSION APPOINTMENT PROCESS DISCUSSED. board and commission appointments would be handled at the next meeting. discussion it was informally agreed that the Council members would submit their nominations to the Clerk for inclusion in.next week's packets. Member Smith asked how the After 1-494 CORRIDOR STUDY REPORT NOTED. Member Turner advised that an interim report has been placed in the Council packets on the 1-494 Corridor'Study in response to Member Smith's request for more background information. that the matter of the study be placed on the Council Agenda for March 2. She asked c/) Lo I a a AMM FISCAL DISPARITIES STUDY DISCUSSED. Member Turner recalled that at the AMM membership meeting last Fall, that the membership voted to send the issue of Fiscal Disparities back to the committee for re-study. The committee has developed a compromise position on Fiscal Disparities which has been approved by the Board and is coming back to the membership at a special meeting on March 12. . She thanked Member Kelly and John Wallin for their work on the committee. BRAEMAR SPORTS COMPLEX EXPANSION DISCUSSED. Member Richards said that at the Edina Park Board meeting on February 17, 1987, a presentation was made by Ed Howat who is.coordinating the efforts to expand the Braemar Sports Complex. The suggestion was made and the Park Board concurred to form a committee comprised of individuals from the Sports Committee, the Park Board, City staff and the Council to meet and discuss the options and alternatives for funding if the project is to go forward. One of the suggestions made is that the City consider selling general obligation bonds to finance the cost of the improve- ment which is estimated at $4 Million. Member Richards said he was asked to bring this to the Council to see if they would like to participate in such a committee. Following some discussion, Member Smith made a motion that Member Richards and one other Council Member, to be appointed by the Mayor, be Council representatives on the committee to be formed to discuss the Braemar Sports Complex. Motion was seconded by Member Turner. Ayes: Richards, Smith, Turner Nays: Kelly, Courtney Motion carried. COUNCIL REMINDED OF EDINAMITE SCHEDULED FOR FEBRUARY 28. Manager Rosland reminded the Council of EDINAMITE '87 which is scheduled for Saturday, February 28 and said that tickets were still available and urged their support. MANAGER EXPRESSES THANKS FOR VACATION. Manager Rosland expressed his thanks and appreciation for his recent vacation. WLAIMS PAID. approve payment of the following claims as per pre-list dated 2/23/87: Fund $196,653.60, Art Center $3,305.92, Capital. Fund $3,366.16, Swimming Pool Fund $49.94 , Golf Center Fund $6,807.47 , Recreation Center Fund $18,562.77 , Gun Range Fund. $181.04 , Utility Fund $25 , 382.80 , Liquor Dispensary FuAd $90,091.78, Construction Fund $393.35, Total $344,794.83; and for confirmation of payment of claims dated 1/31/87: General Fund $613,784.70, Art Center $140.77, Swimming Pool Fund $49.80, Golf Course Fund $715.39, Recreation Center Fund $346.60, Gun Range Fund $40.12, Utility Fund $378.09, Liquor Dispensary Fund $185,180.03, Total $800,635.50. Motion was made by Member Kelly, seconded by Member Turner to General There being no further business on the Council Agenda Mayor'Courtney adjourned the meeting at 10:20 p.m. City Clerk