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HomeMy WebLinkAbout19870302_regular354 MINUTES OF THE REGULAR FEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 2, 1987 Answering rollcall were Members Kelly, Richards, Smith, Turner, and Mayor Courtney. FLAG CEREMONY CONDUCTED BY GIRL SCOUTS; GIRL SCOUT WEEK PROCLAIMED. The meeting was opened by the presentation of the colors and the Pledge of Allegiance by the Girl' Scouts from various troops. following proclamation: 75TH ANNIVERSARY PROCLAMATION WHEREAS, the 75th Anniversary of Girl Scouting is a celebration of the vitality of the woyld's largest voluntary organization for girls; and, WHEREAS, it is a celebration of a 75-year commitment to meeting the changing needs of girls; and, WHEREAS, it is a celebration of a spirit of adventure that challenges Girl Scouts to learn new skills, to try new activities and to explore other cultures; and, WHEREAS, it is a celebration of Girl Scouts' gifts of service and good citizen- ship to our communities and neighborhoods; and, WHEREAS, it is a celebration of a bright future for young women and for Girl Scouting; and WHEREAS, our community has been the direct beneficiary of this 75-year tradition; and , WHEREAS, the 30,000 girl members in the Greater Minneapolis Girl Scout Council and the Girl Scout Council of St. Croix Valley will be the leaders of our future; NOW, THEREFORE, I, C. Wayne Courtney, by virture of the authority vested in me as Mayor, do urge the citizens of Edina to support the Girl Scouts in their celebration; I now proclaim this week, March 7-14, 1987, as Mayor Courtney welcomed them and read the GIRL SCOUT WEEK IN EDINA CONSENT AGENDA ITEMS ADOPTED. Member Turner to adopt the consent agenda, with the exception of the removal of iten V.A. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion was made by Member Smith, seconded by Motion carried. PUBLIC HEXRING CONDUCTED ON IMPROVEMENT NO. EA-265 TJEST 50TH STREET FROM EDINA COUiZT TO HALIFAX AVENUE; CONTINUED TO 3/16/87. by Clerk, approved and ordered placed on file. Affidavits of Notice were presented Engineer Hoffman recalled that - -- the Council gave concept approvil to the construction of West 50th Street in March of 1985 and that the portion from Highway 100 to Edina Court was ordered and was constructed in 1986. the section from Edina Court to Halifax Avenue on which the Council gave concept approval to rebuild the street to the existing width. estimated as follows: Street Surfacing at $258,157.76, Watermain at $49,396.40, Sanitary Sewer at $6,455.68,'Storm Sewer at $66,408.72 and NSP Overhead Wire Removal at $130,000.00 for a total cost of $510,418.56. The project is proposed to be funded through utility and state aid funds with no assessment to property owners. Mr. Hoffman presented the following specific engineering recommendations: A) Bury NSP power lines, E) Move North sidewalk to provide better boulevard, C) Construct retaining walls of similar materials, and D) Reforest North boulevard - or plant-new trees in boulevard in between existing trees with ultimate removal of existing trees. lines it would be necessary to have ground mounted transformers in certain locations. the 9 existing elm trees and then to reforest. the following: Alternate A - 1987 construction to start June 8 with completion by mid-July with postponement of the France Avenue project. after completion of the France Avenue project - probably 1989. the Engineering staff would work with each property owner as the work progresses. Since notices of the public hearing were mailed, a number of phone calls have been received asking what we are proposing to do. project has been proposed the residents living along Nest 50th Street have asked that the trees be retained if possible. Council regarding the France Avenue project, Mr. Hoffman explained that Minneapolis did submit the plans to the State two weeks ago. In talking with William Crawford, District 5 Engineer,'he explained that it would take 17 weeks from submission of the plans until the contract is let. mid-July. The project would be segmented with the portion from West 44th Street north to Excelsior Boulevard being completed in 1987 and the segment south from West 44th Street would be completed in 1988. flexible and would work with Edina so that the West 50th Street construction and the France Avenue project would not be scheduled at the same time. 4919 Arden Avenue, said he has a privacy fence along tworthirds of the length of This hearing is for the purpose of discussing the design of Construction costs are He explained that in connection with burying the NSP power It is recommended that serious consideration be given to removal of As to timing, Mr. Hoffman presented Alternate B - Construction I Mr. Hoffman said Over the past two years that this In response to questions raised by the That would mean the job would not start before Nr. Crawford indicated that they are Charles Roberts, I i - .._ CITY OF EDINA In the Matter of the Application of Ken Monroe for a Subdivision of Lots 16 and 17, Auditor's Subdivision No. 319, and Lot 9, White Oaks 2nd Addition (S-86-9) Council Meeting of 3/2/87 FINDINGS , DECISION , AND REASONS The above entitled matter was heard before the City Council, City of Edina, on December 15, 1986, and February 2, 1987. Mr. Ken Monroe ("Proponent") was present. The City Council, having heard and reviewed all of the facts and arguments presented by the Proponent, his representative, property owners in the vicinity of the subject subdivision and their representatives, and having heard and reviewed the evidence and law adduced by the Proponent, his representative, City staff, and property owners and their representatives and being fully advised, after due consideration, hereby makes the following - .- FINDINGS OF FACT: 1. The Proponent, on November 20, 1986, submitted an application for subdivision of a 35,580 square foot parcel of land located west of Tomes Road and south of Sunnyside Road. This tract of land (the "Subject Property") contains two platted parcels, described as Lot 16 and Lot 17, Auditor's Subdivision No. 319. An existing single dwelling unit building is located on the southerly portion of the Subject Property. According to City records, the Subject Property and two adjacent parcels, Lot 9, White Oaks 2nd Addition and Lot 1, White Oaks 3rd Addition, are owned by the Proponent. 2. The subdivision (the "Proposed Subdivision") , as submitted with the application for subdivision on November 20, 1986, delineated two, R-1 single dwelling unit lots. Lot 1 of the proposed subdivision measured 16,800 square feet in area and Lot 2 measured 19,100 square feet. A portion of the area within Lot 2 is located within a marshy area. The existing dwelling located on the proposed Lot 1 would remain. is of unusual shape with a narrow frontage and a portion (said Lot 16) being a 50 foot square seemingly stuck onto the north line of the lot. 50 feet back from the front property line. Therefore, a 15 foot lot width variance is requested. Also, the existing dwelling on the proposed Lot 1 and a new dwelling on the proposed Lot 2 The proposed Lot 2 Also, the proposed Lot 2 is only 60 feet wide - -- would share a common driveway due to the marshy area on Lot 2. The encroachment of the marsh area on Lot 2 restricts the 'I buildable area to the rear portion of the property which, together with the shared common driveway, results in the visual appearance and practical use as a "neck lot" contrary to the policies of the Comprehensive Plan (as stated in paragraph 9 of these findings) and would impair the symmetry of the White-Oaks neighborhood. 3. Lot 2 of the Proposed Subdivision exhibits steep slopes exceeding thirty percent. Development of Lot 2 would result in substantial cuts in the existing slopes. I 4. The Edina Community Development and Planning Commission (the "Commission") reviewed the Proposed Subdivision at its December 3, 1986, meeting. Several property owners residing in the vicinity of the Subject Property were present and spoke in opposition to the Proposed Subdivision citing issues concerning the visual alteration of the terrain, the storm water storage capacity of the marsh, damage to the character of the White Oaks neighborhood, and the establishment of a precedent for further subdivision in the neighborhood. After consideration of recommendations by City Staff, comments of the Proponent, and property owners in the vicinity, the Commission recommended approval of the Proposed Subdivision with one change: that Lot 9 White Oaks 2nd Addition be included in Lot 2 of the Proposed Subdivision to eliminate the requested lot width variance. -- Said Lot 9 is an existing platted lot conforming to the lot size requirements of the Edina Ordinance No. 825 (the !'Zoning Ordinance"). 5. Following the meeting of the Commission and prior to the scheduled hearing before the City Council, the Proponent submitted a modified proposal for the Proposed Subdivision. modified proposal ("Modified Proposed Subdivision") includes Lot 9 White Oaks 2nd Addition, as recommended by the Commission. The effect of the addition of the additional property was to increase the size of Lot 2 of the Proposed Subdivision to 23,000 square feet and to make Lot 2 conform to the lot width requirement of the Zoning Ordinance. However, the useable area on Lot 2 was not increased by the additional area because the additional area is This all marshy area. Thus, the unusual shape and "neck lot" aspects of this modified Lot 2 continue to exist, and the shared driveway with Lot 1 continues to be necessary. Also the need to make substantial cuts in the steep slopes of the proposed Lot 2, in order to develop the lot, continues to exist. 6. On December 15, 1987, the Edina City Council conducted a public hearing and received the report and recommendation of the Commission regarding the Proposed Subdivision. The Council also considered the Modified Proposed Subdivision. Pursuant to applicable City Ordinances, notice of the December 15, meeting was published in the Edina Sun Current and mailed to property owners within 350 feet of the Subject 1 Property. At said meeting the Proponent indicated his willingness to modify the Proposed Subdivision to conform to recommendations of the Commission. Also at said hearing, surrounding property owners and their representatives testified in opposition to the Proposed Subdivision and Modified Proposed Subdivision. A petition opposing the Proposed Subdivision and Modified Proposed Subdivision signed by approximately 98 individuals who reside in the White Oaks neighborhood was submitted. Among the issues submitted in their oral and written testimony including a letter to the Council from the White Oaks Improvement Association dated December 12, 1986, were: A. The character and symmetry of the neighborhood would be adversely affected; B. The subdivision is contrary to the intent of the original developer to limit further subdivision within the neighborhood as evidenced by the existing platting which preserves topography and wooded areas, and . the specific dedication land for parks, open space and ponding purposes; C. The aesthetic value of the marsh area, neighboring lots, and the neighborhood in general would be adversely impacted by the Proposed Subdivision; D. An undesireable precedent would be established which would lead to other subdivisions in the neighborhood; .. .. E. The marsh area is a valuable water ' and natural habitat resource and should be protected by a 100 foot easement around its perimeter similar to larger, less transitory pond areas. F. The shared driveway of the Proposed Subdivision is contrary to the character of the neighborhood. 7. The Zoning Ordinance imposes the following minimum standards for single dwelling unit lots: Minimum Lot Area Minimum Lot Width 75 feet Minimum Lot Depth 120 feet 9,000 square feet A. The dimensions and areas of Lots 1 and 2 of the Modified Proposed Subdivision comply with the above standards. a follows: B. The Zoning Ordinance defines I! lot area" as "the area within the lot lines exclusive of land located below the ordinary highwater elevation of lakes, ponds and streams .'I 8. Edina Ordinance No. 801 (the "Platting Ordinance") states that the City in approving plats, shall consider, among other things, the suitability of plats from the standpoint of community planning. 9. The Edina Comprehensive Plan, adopted by the City Council in December 12, 1981,. states the following general policies : - Allow further subdivision of developed single family lots only if neighborhood character and symmetry are preserved. - Prohibit "neck lot" subdivisions whereby access to public streets is gained through narrow strips of land adjacent to other lots. - Require increased minimum lot sizes for single family and two family lots on steep slopes. THEREFORE, based on the foregoing findings, the City Council does hereby make the following Decision : The application for the Proposed Subdivision and the Modified Proposed Subdivision entitled White Oaks 8th Addition is hereby denied. The above decision is made for the following Reasons : A. The policies of the Comprehensive Plan must be considered in deciding whether or not to approve subdivisions. The Proposed Subdivision and Modified Proposed Subdivision are contrary to the policies of the Comprehensive Plan concerning the further subdivision of developed single family lots because the White Oaks neighborhood character and symmetry are not preserved, because a "neck lot" effectively results from the subdivision and because a substantial portion of steep slopes on Lot 2 would be altered by development. I t B.. Property owners in the vicinity of the Subject Property have the right to rely upon the filed plats for the area and may rightly presume that any modification.or replatting of said plats will be in a manner suitable and compatible with surrounding properties and that the character of the White Oaks neighborhood will be preserved. C. Although the lots in the Proposed Subdivision and Modified Proposed Subdivision are similar in size to some lots in the vicinity, other factors, including the unusual shape of Lot 2, the presence of steep slopes., the encroachment of the marsh into the buildable area of the lot, and the location of the proposed, shared driveway prevent the development of Lot 2 without adversely impacting the character and symmetry of the White Oaks neighborhood. D Approval of the Proposed Subdivision and Modified Proposed Subdivision could establish a precedent encouraging the replatting of lots with similar circumstances which would adversely alter the character and symmetry of the White Oaks neighborhood contrary to the policies of the Comprehensive Plan. E. Denial of the Proposed Subdivision and Modified Proposed Subdivision is not harmful to the Proponent because Lot 17, Auditor's Subdivision No. 319 can continue to be used for a single family dwelling as it is now platted and used, and Lot 9, White Oaks 2nd Addition meets the requirements for a single family dwelling lot as it is presently platted. Subdivision and the Modified Proposed Subdivision is an attempt to manipulate lot lines for the sole benefit of the Proponent contrary to the Edina Comprehensive Plan and without regard for the White Oaks neighborhood character and symmetry. The Proposed I 3/2/87 355 his lot. design. storm water seems to drain into only one of the storm sewers. replied that the fence would be left as is, the hedge would be saved, there would be a one foot limestone retaining wall installed on the outer face of the hedge, and the corner landscaping would be left as is. storm sewer system will be replaced. Paul Pearson, Pearson's Restaurant, said that last year's road construction devasted many of the businesses at 50th and France. Professional Association members and the majority wanted to postpone the project as long as possible. and the majority said they needed a year off without construction for their businesses to recover. Peter Meyers, Americana Bank, said last year's con- struction had a negative financial impact on the businesses at 50th and France and asked that the project be postponed for a year or two so that the seasonal businesses especially could recoup their customers. Marilyn Curtis, 4400 West 50th Street, said that consideration should be given to the residents living on West 50th Street who were literally unable to get out last summer and who would like to see this project finished as soon as possible. She also mentioned the ' 1988 Centennial and that events were planned for 50th & France and asked how much cost would be added if the project was delayed for two years. 4920 Arden Avenue, asked what would happen to his driveway if the sidewalk were moved back. bank on his property would be graded back or a small retaining wall could be put in. Mr. Orr added that the street has been neglected until recently, that the. buses disturb the houses and that he would like to see the project done soon. Marcia Pincus, Hagen-Daz store, said their profits were cut 50% by last year's construction, that they have a seasonal business and if West 50th Street is. closed again this year they will be out of business. start in September so it would not cut into the summer season. recalled that last September it rained on 16 of the 21 work days in September and had we been in the middle of the construction it would have been difficult to finish it in the construction season. Peter Griffin, owner of photo store, said they opened the store last year and barely made it through the summer. He said that if West 50th Street were to be closed again this year some businesses will not survive. Solvie West, The Bookhouse, said that as a new business Owner last summer the closure was devasting to them and they would like another year t6 get back on their feet. John Olson, 5000 Arden Avenue, said that he was in favor of getting the project done as soon as possible and that delaying it for a year or two will only incur more expense. merchants but that he felt people would find their way to the 50th and France area. Nancy Perlman, S. Michael, said she sympathized with the residents, that the area will survive another summer of construction but asked if it would survive with the same retailers there, or will some of the newer business not survive. Perry Anderson, Belleson's, said he was the president of the 50th and. France Business and Professional Association and a resident of Edina. On behalf of the association he said this is a difficult decision for the Council, but that as evidenced by the merchants who have spoken the closing of West 50th Street last year for 10 weeks was a severe problem for many merchants; that closing a second year in a row is a very ser-iuus problem and that they are asking for one year of no construction. The Council then asked for more information on the following: 1) cost of delay of the project, 2) detours for the project, 3) possibility of keeping one lane of traffic open during construction, 4) what road projects scheduled for 1989 would get bumped, and 5) reforesting on the north side of West 50th Street. Mr. Hoffman responded that the cost of delay could involve another overlay if there was a severe winter next year estimated at $5,000. As to construction costs, there is no way to predict the oil market and costs could go up if oil goes up. official detour for the project would be Wooddale to West 54th Street to France Avenue and would be signed as such. during construction, this is not a recommended alternative by staff, but if one lane were kept open it would slow down' the project considerably and would increase the cost. As to state aid funds, Mr. Hoffman explained that if the funds are not used in 1987 for this project they are not lost. An additional project could be accommodated in 1989 with state aid funds. In regard to the trees, because those on the north side have been severely pruned to accommodate the power lines and will likely never fill in completely, staff feels they should be removed and replaced with trees as large as can be transplanted. Member Kelly commented that she has considered the issue for a long time, and is in charge of the Centennial events in that area and would like to see the project done before then. merchants and that the City has been trying to keep that area vital and that the merchants have responded every time they have been approached for volunteer support. Street from Edina Court to Halifax Avenue for two years until 1989. Motion was On the west tip of the fence there is a hedge and a corner landscape He asked what would be done along his lot. He also pointed out that Mr. Hoffman He added that the A poll was taken in January among the 50th and France Business and Last week a telephone poll was taken of 30 of the businesses William Orr, Mr. Hoffman said the driveway apron would be changed and that the She suggested the project Mr. Hoffman He said he sympathized with the Labor costs could go up 3 to 4%. The As to keeping one lane of traffic open She added that she is sympathetic with the concerns of the Member Kelly then made a motion to delay the construction of West 50th 3/2/87 356 seconded by Member Smith. the issue a lot, that the Council carefully went through many hearings two years ago to try to make the right decisions for this area. vote no on the motion because the additional cost of doing the project in 1989 is significant and that she felt the City should go ahead as originally planned, do it as quickly as possible and get the job done. that the project should not be postponed for two years as there may be some carry- over from the France Avenue project and we may be looking at 3 to 4 years of continuous construction, He said he felt the trees on the north side will not survive and should be replaced. He added that to maintain the street for two more years by patch work, the cost of which would come from the general fund, did not seem to be a fair expenditure of money. He said that he thought we could respond to the concerns of all by extending the project several weeks and doing it in phases to keep the road open and that this would be a better solution than delaying the project for two years. Mr. Hoffman commented that if the trees on the north side are under consideration for removal he recommended that the matter be brought back to the Council at the next meeting as to the possibility of doing the work with some traffic being kept on the street. a compromise would really be workable. offered an amendment to the motion to continue the matter and direct the engineer- to bring back at the next meeting alternatives for keeping the street open during construction. Member Turner commented that she too has thought about She said she intended to Member Richards concurred I . . Member Kelly questioned if Following lengthy discussion, Member Richards Motion for amendment was seconded by Member Smith. Ayes: Richards, Smith, Turner, Courtney Nays: Kelly Ayes: Richards, Smith, Turner, Courtney Nays: Kelly Mayor Courtney then called for a vote on the motion as amended. .PRELIMINARY PLAT APPROVk FOR WHITE OAKS 8TH ADDITION DENIED UPON ADOPTION OF FINDINGS'OF FACT. approval for White Oaks 8th Addition had.been heard before the Council on December 15, 1986 and that the Council had directed staff to prepare Findings for denial. The matter was placed on the.February 2, 1987 Council Agenda at which time it was continued at the request of the proponent, Kenneth Monroe. advised that Findings, Decision and Reasons have been prepared in support of a decision to deny preliminary plat approval. adopt the Findings and deny preliminary plat approval. Member Richards questioned if Mr. Monroe had received a copy of the Findings. Mr. Dommer stated that a copy of the Findings were mailed to Mr:Monroe on January 29, 1987 but that he did not know if Mr. Monroe had responded. Findings, Decision and Reasons and to deny the proposed subdivision for White Oaks 8th Addition based on the Findings as presented by staff (copy attached). was seconded by Member Turner. Planner Phil Dommer recalled that the issue of preliminary plat Mr. Dommer I Staff would recommend that Council Motion was made by Member Kelly to adopt the Motion Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. PUBLiC HEARING ON PRELIMINARY PLAT APPROVAL FOR LOT 5, MUIR TJOODS (ROBERT GRIFFITH) CONTINUED TO 3/16/87. property owner are investigating the impact of private deed restrictions at the site and it is requested that this matter be continued until March 16, 1987. Motion of Member Smith was seconded by Member Turner to continue the public hearing for preliminary plat approval for Lot 5, Muir Woods, to the meeting of March 16, 1987. Council was advised that the proponent and an adjoining Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. *LOT DIVISION APPROVED FOR 6938-694O.MALONEY AVENUE. Smith and seconded by Member Turner to adopt the following 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 : Motion was made by Member . RE SOLUTION Lots 14 and 15, Block 9, WEST MINNEAPOLIS HEIGHTS; and Parcel A: The East 62.83 feet of Lot 14 and the East 62.83 feet of the South 24.00 feet of Lot 15, Block 9, "WEST MINNEAPOLIS HEIGHTS", City of Edina, Minnesota, and reserving easements of record, if any. and Parcel B: That part of the South 24.00 feet of Lot 15, lying west of the East 62.83 feet thereof, and, That part of Lot 14 lying west of the East 62.83 feet thereof, except that part lying southwesterly of a line drawn from a point on the west line of said Lot 14 distant 5.00 feet north of the southwest corner . .. 3/2/87 357 *HEARING DATE SET FOR VARIOUS PLANNING MATTERS. Motion was made by Member Smith and seconded by Member Turner.setting March 16, 1987 as hearing date for the following Planning matters: 1) 2) 3) 4) Final Rezoning and Final Plat Approval - Shadow Hill Townhomes - Generally located north of Crosstown Highway and east of Vernon Court Final Development Plan - Midwest Federal Building Expansion - 3100 West 66th Street Preliminary Plat Approval - John Laurent and Associates - Generally located north of West 78th Street and east of Marth Road Preliminary Plat Approval - DCI Second Addition - Generally located south of Waterman Avenue and east of Blake Road Motion carried on rollcall vote, five ayes. , I thereof to a point on the south line of said Lot 14 distant 5.00 feet east of the southwest corner thereof, All in Block 9,."WEST MINNEAPOLIS HEIGHTS", City of Edina, Minnesota, and reserving easements of records, if any. WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote, five ayes. *LOT DIVISION APPROVED FOR 6119-6121 HABITAT COURT. Smith and seconded by Member Turner to adopt the following 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: Motion was made by Member RESOLUTION Lot 14, Block 1, THE HABITAT; and Parcel A: That part of Lot 14, Block 1, THE HABITAT, according to the record plat thereof, City of Edina, Hennepin County, Minnesota, - lying northeasterly of a line, and its extensions, drawn from a point on the westerly line of said Lot 14 distant 45.62 feet south of the most northerly corner thereof, as measured-along said westerly line, to a point on the south line of said Lot 14 distant 64.75 feet westerly of the most easterly corner thereof, as measured along said southerly line, and reserving easements of record. and Parcel B:. That part of Lot 14, Block 1, THE HABITAT, according to the record plat thereof, City of Edina, Hennepin County, Minnesota, lying southwesterly of a line, and its extensions, drawn from a point on the westerly line of said Lot 14 distant 45.62 feet south of the most northerly corner thereof, as measured along said westerly line, to a point on the south line of said Lot 14, distant 64.75 feet westerly of the most easterly corner thereof, as measured along said southerly line, and reserving easements of record, WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. . Motion carried on rollcall vote, five ayes. 3/2/87 358 BIDS AWARDED FOR VEHICLE PURCHASES. Mr. Rosland advised that the low bidder for the 3/4 ton Van did not meet specifications and staff would recommend that the bid be rejected and that the vehicle be rebid. Motion of Member Kelly was seconded by Member Turner to reject all bids for one (1) 3/4 ton Van and to rebid the vehicle. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. Bids were presented for various vehicles as follows: Bid Type/Quantity of Vehicle Bidder - Three 4-dOOr Sedans Suburban Chevrolet $10,570.79 Thane Hawkins 10,578 .OO Two Rump Trucks North Star International 37,497.00 Superior Ford 37,497.00 Astleford.Internationa1 37,575 .OO Boyer Ford 37 , 650.00 Lakeland Ford 38 , 041.72 One 3/4 Ton Pick-up Thane Hawkins 10,897.00 Superior Ford 11 , 965.00 One 3/4 Ton'Pick-up with Thane Hawkins 12 , 867 .OO 4 x 4 box Superior Ford 14,489 .OO Two fire-engine red Suburban Chevrolet 10,570.79 4-dOOr Sedans Thane Hawkins 11 , 23 7.00 Superior Ford 10,999 .oo Superior Ford 11,091 .oo One 3/4 ton Pick-up 4 x 4 without box Thane Hawkins Superior Ford One medium duty Truck Suburban Chevrolet Superior Ford Astlef ord Boyer Ford Lakeland Ford 13 , 267.00 14,489.00 20 , 237.22 20 , 269.00 20 , 466.00 22,576.00 22,559.73 Motion of Member Kelly was seconded by Member Turner for award of bid to recom- mended low bidders for all vehicles as presented, with award of bid for one dump truck each to North Star International and Superior Ford, who were tied for low bid. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. *BID AWARDED FOR PUBLIC IMPROVEMENT NOS. BA-272, BA-273, BA-275, BA-276, BA-277, CONTRACT 1187-3 (ENG). Turner for award of bid for Public Improvements Nos. BA-272, BA-273, BA-275, BA-276 and BA-277 to recommended low bidder, Bituminous Roadways, at $155,329.00. Motion was made by Member Smith and seconded by Member Motion carried on rollcall vote, five ayes. *AWARD OF BID FOR REMODELING OF SANITARY SEWER LIFT STATIONS CONTINUED TO 3/16/87. MotiGn was made by Member Smith and seconded by Member Turner to continue the award of bid for remodeling of (2) Sanitary Sewer Lift Stations to the meeting of March 16, 1987. Motion carried on rollcall vote, five ayes. CONCEPT APPROVAL GIVEN TO ARNESON ACRES PARK MASTER PLAN. Manager Rosland recalled - that at the last meeting the Council had considered a master plan for the Arneson Acres Park and the Arneson home based upon an anticipated joint use of the facility by the Garden Council and the Edina Historical Society. During the discussion a number of issues and questions were raised and the matter was continued to this meeting so that staff could prepare additional information in response as to the feasibility of the plan. the Park, objectives of the Edina Garden Council, objectives of the Edina Historical Society, the phasing schedule for the Master Park Plan, the proposed Phase I and 11 improvements to the Arneson house, the joint use Operating Policies, a suggested Capital Improvement Schedule, a suggested Maintenance Operation Cost schedule for the greenhouse and gardens and Bstimated Operatiag Expenses for the Garden Center/ Historical Society Museum. for the property was also presented. the Arneson house is $35,000 which staff recommends be taken from the developer's fund. with the Conditional Use Permit process for a public hearing on April 20. If the Conditional Use Permit is granted it is assumed that the project would go forward. Member Kelly asked if the Permit is granted would the Council still have the chance to approve development of the gardens. opportunity to review the Capital Budget each year and to approve the capital.. expenditures for the park as it is developed. tional Use Permit and approval of the $35,000 expenditure for Phase I improvement to the Arneson house. Concept approval would give the 1988 Centennial Commission Mr. Rosland noted that the report included a history of I A time schedule to complete a Conditional Use Permit The est.imated.cost to complete Phase I for Mr. Rosland added that ifconcept approval is granted then staff would proceed I Mr. Rosland said that the Council has the The key issue would be the Condi- 3/2/87 359 a preliminary go-ahead to begin the raising of funds for Phase 11. Kelly them moved concept approval of the Arneson Acres Park Master Plan. The motion was seconded by Member Smith. Park Director to advise the Council how the Arneson Acres Park would fit into long range planning for the Park Department. Member Richards said that there is an issue that needs to be addressed. This is a dedication of land made by Morten Arneson and his wife in 1969 with certain goals and objectives that he envisioned for the future and which the Garden Council has done over the years. Now there is a second entity in the Edina Historical Society which has made a significant contribution to the City but is still a private institution. The proposal would give a private body significant control over public property. Mr. Rosland responded that he did not perceive the City giving control to either organization. Both groups are quasi-public and both function exactly the same but neither one are official wings of the City through any board or commission established by the City. What we are trying to do is find a home for two groups that have been very active and beneficial to the community. Council has full control of this piece of property including any buildings existing or built thereon in the future and would retain full rights to the property. 'Member Smith commented that he liked the proposal because it would get two active groups in a cooperative situation which would be positive for them. this also enables the Garden Council to move forward with the fulfillment of Morten Arneson's dream for the layout and development of the park. opportunity to get some organizations into the house who will be responsible and will want to keep it up. in working out a shared use of the facility and that in reviewing the data he understood that they would be using the facility subject to the City's control. Member Turner said she felt this was a wonderful partnership, a good addition to the City which neither group could have accomplished alone, and that she was supportive of the project. She said the only question is that as the Council looks at the Park Department budget each year that we make sure the operating policy agreement between the groups and the City is working. Council develops its programs in the future they may be in a position to contri- bute to the operating costs. Phyllis Kenaston, past president of the Garden Council, said that in 1976 when this property was dedicated it was to become a park and a garden in Edina. The Edina Garden Clubs have worked diligently towards this goal. been drawn for the Arneson Acres Park for the reason that it will contribute to fulfilling the purpose for which this property was dedicated. She urged the Council to give the plan their most positive consideration. Shirley Peterson said she had been a greenhouse volunteer for nine years and that the garden club members had spent alot of time working with Mr. Arneson and Mr. Kojetin, Park Director. and conducting their annual plant sale to earn money to support their p.rojects. The clubs also are responsible for planting the many flower beds located through- . out the City and prior to this being done by the clubs the Park Department had spent approximately $5,000 per year for this. In this way, she said the Edina Garden Council has been making a considerable contribution to the City for the past nine years. Many of the members also felt that it was Mr. Arneson's intent that his home would be available for their use. alot to learn and that he also wanted them to share their knowledge with others. Mrs. Peterson said that following the discussions with the Historical Society 70% of the Edina Garden Council membership voted to share the facility and worked with Mr. Dunwiddie on the master plan and the renovation of the house. concluded her remarks by saying she felt the house was in excellent condition and objected to spending the money for the renovation. of the Edina Historical Society, said he sympathized with what had just been spoken. He said the Historical Society is in accord with the documents that have been reviewed by the Council and that they are an expression of the needs of both groups. They are looking forward to the shared use of the facility and, hopefully, in expanding it into a museum in the next few years. There being no further discussion, Mayor Courtney called for vote on the motion. Member Member Kelly said she would expect the The The Historical Society has been looking for a home for some time and This is an He said they. are to be commended for their efforts' As the Garden She said she heartily endorsed the master plan that has The club volunteers spend some 500 hours each year in preparing for He had indicated that they had She Jim Fenlason, president Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. Manager Rosland said staff would proceed with the Conditional Use Permit process. In response to Member Smith's question as to timing for the Centennial Commission fund raising drive, Mr. Rosland said that April 20th would be the earliest date this could be addressed following the public hearing on the Conditional Use Permit. UPDATE GIVEN ON 1-494 CORRIDOR. Member Turner said that included in the Council packets was the Proposed Public Participation Plan for the 1-494 Corridor Study. The plan adds just one item to what was discussed before and that is the first step of individual City meetings. a briefing before they participated in a corridor-wide meeting. She explained that some of 'the cities wanted She asked if this 3/2/87 360 was the consensus of the Council. Member Smith that the Public Participation Plan for the 1-494 Corridor Study include individual City meetings as the first step. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. Motion of Member Kelly was seconded by Member Turner said the general time frame for public participation is between now and May, 1987 and that a newsletter will be issued soon to discribe the process so far on the 1-494 Corridor Study. which summarized the last 8 to 9 month's of effort for the study. Preliminary data showed 2010B forecasts which is the numbers the cities sent to the Netro- politan Council as to what they belive will happen by 2010 as to employment, trips, etc. the corridor by 2010. of the differences in these numbers. far apart. get to the trip forecast..dofcfhe estimated land use the numbers are significantly different. vehicles per day equates to approximately one lane of traffic on the freeway. Using the cities' forecasts for 2010 with build-out as allowed by existing ordi- nances, four lanes each way would be needed on 1-494 west of Highway 100 and. five lanes would be needed east of Highway 100 to make it work.. He emphasized that these are preliminary figures at this point in time. the study is the feasibility of improving 1-494 to accommodate the forecast + numbers. Following discussion, Member Turner .reiterated that land use is the key to these issues. APPOINTMENTS MADE TO ADVISORY BOARDS/COMMISSIONS. views with applicants for advisory boards and commissions held on February 23, 1987, appointments were made as follows. by Member Kelly for appointment of Lee Johnson to the Community Development and Planning Commission for a three year term to 2-1-90. Engineer Hoffman presented graphics I Figures for 2010C is the Council's forecast for what will occur in He said the Metropolitan.Counci1 now has to resolve some Basically, population forecasts are not In the employment forecasts there is some difference and when you As to the impact of these numbers, Mr. Hoffman said that 40,000 The issue now for Following the Council inter- Motion of Member Smith was seconded Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. Motion of Member,Kelly was seconded by Member Smith for appointment of Robert Christianson to the Edina Park Board for a three year term to 2-1-90. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. Motion of Member Smith was seconded by Member Kelly for appointment of Sally Tang to the Community Health Services Advisory Committee ~~~lL-aa..~~expi~~d~~~ ted-@odas) to 2-1-88, Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. As recommended by Mayor Courtney, Member Turner's motion was seconded by Member Kelly for re-appointment of individuals to the.various advisory boards and commissions as follows: Community Development and Planning Commission (term . to 2-1-90): Del M. Johnson, Jane Paulus and Virginia Shaw; Edina.Park Board (I-erm to 2-1-90): Andrew E. Montgomery, Jean Rydell and Donald E. Wineberg; Board of Appeals & Adjustments (term to 2-1-90): Rosemary Utne; Building Construction Appeals Board (term to 2-1-90): Arthur H. Dickey and Rudy Trones; Human Relations Commission (term to 2-1-90): Doris Barman, Otto Byhre, Thomas k, Edina Recycling Commission (term to 2-1-89): Virginia Bodine, Nancy Grimsby and C. Levering Wood; Edina Heritage Preservation Board (term to 2-1-89): John J. Metil, David Gepner, Thomas Martinson and Lois TJilder; Community Health Services Advisory Committee (term to 2-1-89) : Dr . Sharon Aadalen, Holly Branch, Virginia McCollister, Effie McKerson and Dr. Walter Wilder; Edina Art Center Committee (term to 2-1-90): Elizabeth Eisenbrey, Peter R. Spokes, Lee Heikens and Judy Smith; South Hennepin Human Services Council (term to 2-1-89) Leslie A. Olsen and Leslie Turner. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. m It was noted that there has been a resignation from the Edina Recycling Commissio Applications will be received through March 9 and interviews will be scheduled for March 16 with appointment in the Council meeting following. COUNCIL LIAISON ASSIGNMENTS CONFIRMED. . Member Turner for approval of the following Council liaison assignments with advisory boards and commissions: Advisory Committee.and Edina Art Center; Member Richards - Edina Park Board, Building Construction Appeals Board and Human Relations Commission; Member Smith - Edina Recycling Commission, Edina Heritage Preservation Board and Board of Appeals and Adjustments; Member Turner - Community Development and Planning Commission and South Hennepin Human Services Council. Motion of Member Kelly was seconded by Member Kelly - Community Health Services . - Ayes: Kelly, Richards, Smith, Turner, Courtney 3/2/87 361 TRAFFIC SAFETY COMMITTEE MEMBERSHIP DISCUSSED. Manager Rosland advised that Alison Fuhr was first appointed to the Traffic Safety Committee as a representa- I I tive of the Citizens' Safety Council. Council as a citizen-at-large representative. Meanwhile, Mrs. Fuhr was appointed to the Regional Transit Board (RTB) and up to last fall there had been no conflict. However, TRB activities have increased to a point where she now finds attendance at the Citizen's Safety Council difficult. and she is willing to have their respective roles reversed and that action is recommended to the Council. Motion of Member Kelly was seconded by Member Turner that Alison Fuhr be appointed as citizen-at-large representative to the Traffic Safety Committee and that Lois Coon be appointed as the representative of the Citizens' Safety Council. Subsequently Lois Coon was named by the This has been discussed with Lois Coon Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. *FEASIBILITY REPORT APPROVED FOR PUBLIC IMPROVEMENTS; HEARING DATE SET. Motion was made by Member Smith and seconded by Member Turner for adoption of the following resolution : RESOLUTION PROVIDING FOR PUBLIC HEARING ON PERMANENT STREET SURFACING & CURB AND GUTTER IMPROVEMENT NO. P-BA-278 SIDEWALK IMPROVEMENT NO. P-S-37 TRAFFIC SIGNAL IMPROVEMENT NO. 87-5 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, March 16, 1987, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING SIDEWALK IMPROVEMENT NO. P-S-47 PERMANENT STREET SURFACING & CURB AND GUTTER IMPROVEMENT NO. P-BA-278 TRAFFIC SIGNAL IMPROVEMENT NO. 87-5 The Edina City Council will meet at the Edina City Hall, on Monday, March 16, 1987 at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes., Chapter 429. The approximate cost of said improvements are estimated by the City as set forth below: SIDEWALK Improvement No. P-S-37 $ 53,673.98 Vernon Avenue from Villa Way to Interlachen Blvd. PERMANENT STREET SURFACING/CURB AND GUTTER Improvement No. P-BA-278 Link Road from Eden Avenue to Vernon Avenue TRAFFIC SIGNAL Improvement No. 87-5 170,047.24 65,000 .OO Link Road and Vernon Avenue The project is proposed to be funded by HRA funds. Marcella M. Daehn, City Clerk Motion carried on rollcall vote, five ayes. *RESOLUTION ADOPTED APPROVING FAU FUNDING FOR FRANCE AVENUE PROJECT. was made by Member Smith and seconded by Member Turner for adoption of the following resolution: Motion RESOLUTION SUPPORTING APPROVAL OF THE HENNEPIN COUNTY FEDERAL AID URBAN (F.A.U) PROJECT SUBMITTAL FOR A PROJECT WITHIN THE CITY OF EDINA FOR 1989 THROUGH 1991 WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina; and, WHEREAS, the City Council encourages and participates with improvements to obtain adequate transportation facilities in the metropolitan area; and, WHEREAS, the Hennepin County Department of Transportation application for F.A.U. funding during the time period shown above includes the following project within the City of Edina; and, I 3/2/87 362 WHEREAS, the City Council has determined that this project is warranted and desirable for improvement through the Federal Aid Urban Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA IN REGULAR BIEETING ASSEMBLED that the Transportation Advisory Board, the Metropolitan Council, and other boards and commissions associated there- with are hereby advised that the City of Edina concurs with and supports the Hennepin County F.A.U. project application for the following project within the City of Edina for time period 1989 through 1991: County Pro j ect 8110 ; CASH 17 (France Avenue) "Capacity Pro j ect" from W. 70th St. to W. 77th St. including grading, surfacing and traffic control signals. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to forward a certified copy of this resolution to Dennis L. Hansen, Chief, Transpor- tation Planning Division, Hennepin County Department of Transportation, 320 Washington Avenue South, Hopkins, Minnesota 55343. Motion carried on rollcall vote, five ayes. EDINAMITE '87 CO-CHAIRMEN COMMENDED. Member Smith moved that, on behalf of the Council, the Mayor issue a letter of commendation to Virginia Bodine and Kenneth Rosland for their efforts in co-chairing EDINAMITE '87. Motion was seconded by Member Turner. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. DEER IN BRAEMAR PARK DISCUSSED. Member Kelly recalled that a resident had stated her concern about the deer population in Braemar Park and of damage to her property adjacent to Braemar. what is being done as she had a deer in her yard recently that did damage. Manager Rosland said that Gordon Hughes has been working with the DNR on this matter and will update the Council at the next meeting. . She said she would like a report on REPORT REQUESTED ON SPEED CONTROL PROGRAM. be given the Council on the progress of the speed control program which the Police Department is conducting. NUMBER OF CITY VEHICLES REQUESTED. by March 15 with the number of vehicles which carry the City's emblem so that this number could be included in the Centennial budget for Centennial logos. Member Kelly asked that a report Mr. Rosland that report would be provided. . Member Kelly asked that she be provided JOINT KZETING OF.COUNCIL/SCHOOL BOARD DISCUSSED. a joint meeting of the Council and the Edina School Board be arranged soon. She referred to the plans for expansion of the Braemar Sports Complex-and that it probably will require some public effort if it is to come forth. month's reitort of the School Board announced that their long range planning forecast E. referendum a couple of years from now. This could mean that the tic; public bodies could perhaps be burdening the citizens at the same time with .a tax increase. that possibility and other issues that would be of mutual concern. Member Kelly requested that Last She said she felt it important to sit down together and discuss STRATEGIC PLANNING RETREAT ON MARCH 21 DISCUSSED. regard to the Strategic Planning retreat scheduled for the Council on March 21 prepare them for the discussions they will be holding. that the Strategic-Planning Calendar for 1987 which was given to the Council described the agenda for that meeting as: 1) Review of the 1986 work program, 2) Broad discussion of issues in relationship to the Mission Statement, 3) Identification of key issues, and 4) Adoption of goals for 1988. She said . that she and Gordon Hughes were asked to facilitate the meeting and would be appreciative of input from the Council Members. information would be sent to the Council promptly and the matter could be put c on the agenda for March 16 for discussion as to finalizing the agenda for March 21. Member Kelly asked that with __ that she would like the Council to receive materials in advance of that date to Member Turner explained- I- Mr. Rosland said that the LEGISLATIVE ISSUES DISCUSSED. issues being considered by the legislature that the AMM Board had voted to take a position of opposing the proposed 6% sales tax on governmental purchases. She asked for the Council members input and also what impact a sales tax would have on the City. She suggested legislative issues be discussed at the next Council meeting since there had not been a special meeting with legislators. Mr. Rosland commented that the MLC is studying that issue and each city has filled out a questionnaire and the information is being correlating and will be discussed at the next meeting. to the Council to see how the cities would be affected by the various proposed taxes. legislators through the MLC lobbyists. Member Turner reported that with regard to He said he would bring that information back The Council could then take a position which yould be conveyed to the P- ! i 01 m a 3/2/87 363 RESIGNATION FROM EAST EDINA HOUSING FOUNDATION NOTED:. the Council's attention to a letter from Jack Rice in which he tendered his resignation from the East Edina Housing Foundation because he has moved his principal residence from the City of Edina. sibility of appointing an individual to the foundation. Council give it some consideration, that the individual should be well founded in the background and history of Edina and should understand what Edinborough is about. He said he would be happy to suggest names of people who have been involved if the Council so desired.. No action was taken. PRELIMINARY REPORT GIVEN ON EDINAMITE '87 PROCEEDS GIVEN. Mr. Rosland reported that preliminary figures indicated that the proceeds from EDINAMITE '87 will be approximately $10,000. This figures includes the bid of $2,150 for the Council hosted party which was offered in the silent auction. *CLAIMS PAID. Motion was made by Member Smith and seconded by Member Turner for payment of the following claims as per pre-list dated 3/2/87: $81,381.01, Park Fund $85.47, Art Center $6,630.25, Capital Fund $2,660.12, Golf Course Fund $245.76, Recreation Center Fund $4,838.17, Utility Fund $229,377.48, Liquor Dispensary Fund $6,606.71, Construction Fund $2,800.15, Total $334,625.22. Motion carried on rollcall vote, five ayes. Manager Rosland called He said the Council has the respon- He asked that the General Fund There being no further business on the Council Agenda, Mayor Courtney declared the meeting adjourned at 10:22 p.m. City Clerk