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HomeMy WebLinkAbout19870420_regular386 I MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 20, 1987 Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney. EDINA HIGH SCHOOL BOYS' SWIMMING TEAM AND EDINA MIDGET A HOCKEY TEAM COMMENDED. Mayor Courtney presented resolutions commending the Edina High School Boys' Swimming Team and the Edina Midget A Hockey Team for their accomplishments in winning recent State championships. The resolutions were unanimously adopted. CONSENT AGENDA ITEMS ADOPTED. Turner to adopt the consent agenda as presented. Motion was made by Member Kelly, seconded by Member Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney a Motion carried. *MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 6, 1987 APPROVED. Motion was made by Member Kelly, seconded by Member Turner to approve the minutes of the regular meeting of April 6, 1987. Motion carried on rollcall vote, five ayes. PUBLIC HEARING ON STREET IMPROVEMENT NO. P-BA-278 CONTINUED TO 5/18/87. Manager Rosland advised that staff and representatives of Superamerica are continuing to negotiate types of alternatives for the proposed Link Road improvement that would be satisfactory to allow the continued operation of Superamerica. recommend continuation of the public hearing to May 18. was seconded by Member Kelly to continue the public hearing on Street Improvement No. P-BA-278 (Link Road) to the Council Meeting of May 18, 1987. Staff would Motion of Member Turner Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. PRELIMINARY PLAT APPROVED FOR LOT 5. MUIR WOODS (ROBERT GRIFFITH). Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Craig Larsen presented the request for preliminary plat approval for Lot 5, Muir Woods, generally located north of Braemar Boulevard and east and west of Valley View Road, noting that the public hearing was continued from March 16, 1987. The family dwelling in the central portion of the property. proposed to create one new buildable lot. feet in area and the lot for the existing dwelling would contain 40,073 square feet. Mr. Larsen pointed out that the topography of the new lot is quite severe. Grades of 40 percent or more occur adjacent to the street on both the east and west side. In order to provide a manageable grade for a driveway to the new lot, an easement over the easterly portion of the lot for the existing dwelling is proposed. This easement area will allow the construction of a driveway with a grade of approximately 15 percent. Development and Planning Commission at its meeting of January 28, 1987 and the Commission recommended approval for these reasons: a) the lots are very large and there will be adequate spacing between the existing homes to the north and south, b) the property driveways are steep but not unlike other driveways in the area, c) locating the new drive on the east side is preferred since the property across the street is park property. plat conditioned on: 1) final plat approval, 2) subdivision dedication, and 3) payment of utility connection charges. hearing by the Commission it was discovered that there were some existing deed restrictions on the property whereby other property owners in the Muir Woods plat had to sign off before any further subdivision could be made. The public hearing by the Council on the preliminary plat was continued to allow the proponent to negotiate the deed restrictions. reached an agreement with regard to negotiating an amendment to the deed restrictions between now and final plat approval. proponent, Robert Griffith, was present to answer questions. objections being heard, Member Turner introduced the following resolution and moved its adoption: Planner ' subject parcel is approximately two acres in size and is developed with a single The subdivision request B The new lot would measure 41,630 square The request was heard by the Community The Commission recommended approval of the preliminary Mr. Larsen advised that following the He reported that the parties involved have Mr. Larsen said that the No comment or RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR LOT 5, MUIR WOODS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "LOT 5, MUIR WOODS", platted by Robert T. Griffith and presented at the regular meeting of the City Council of April 20, 1987, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Smith. Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. REQUEST FOR FINAL REZONING TO PRD-4 AND FINAL PLAT APPROVAL FOR NAMJXON CORPORATION REFERRED BACK TO COMMUNITY DEVELOPMENT AND PLANNING COMMISSION. Notice were presented by Clerk, approved and ordered placed on file. Planner Larsen advised that the subject property is generally located north of Vernon Affidavits of 4120187 387 Avenue and West of Villa Way. He recalled that preliminary rezoning to PRD-4 and preliminary plat approval for the property had been granted by the Council at its meeting of September 8, 1986. The preliminary plat approved illustrated a three ' story, 135 unit apartment building with 169 underground parking spaces and 68 surface parking spaces, The proponent has now returned with overall development plans to support a request for final zoning and final plat approval. Mr. Larsen advised that the proposal continues to illustrate a three story, 135 unit building with the same parking spaces. will be brick with lap siding accents and will have a hip roof. been sited approximately 10 feet to the West but continues to meet or exceed all setbacks required by the Zoning Ordinance. Mr. Larsen reminded the Council that at preliminary rezoning and plat approval, the Council imposed several conditions to be addressed before final plat approval. First, construction of a sidewalk along Vernon Avenue adjacent to the property. The sidewalk is shown on the final development plan and is also included in the developer's agreement. Secondly, a storm water management plan to be approved by.the City Engineer. A plan has been submitted that was reviewed and approved by the Engineer and has also been reviewed by the staff of the Nine Mile Creek Watershed District. The result should reduce storm water following substantial rainfall in the area adjacent to Glen Brae Circle. Thirdly, a variance was requested to reduce the surface parking requirement of 101 spaces to 68 spaces thereby reducing the hard surface area. A proof of parking agreement has been signed by the developer which provides that the City may at its discretion require that 33 surface parking spaces be added to bring the parking up to Ordinance requirements if the need arises. signalization cost sharing by the City and the developer should a traffic signal be warranted in the immediate vicinity in the future. An assessment agreement has been signed by the developer, based on the amount of traffic generated by the project not to exceed 10 percent. With regard to landscaping, Mr. Larsen said the plan proposes to save significant amounts of existing vegetation along the perimeter of the site and the landscaping plan conforms to Ordinance requirements. Staff has requested that additional trees be added to the plan to provide additional year around color and screening on the Vernon Avenue and the westerly sides of the site. traffic on Vernon Avenue. the issue be referred to the Traffic Safety Committee to get their recommendations. meeting of April 14, 1987 and the Committee adopted the recommendations made by the traffic consultant, Benshoof and Associates, Inc., who was involved earlier in the development plan. Planning Commission heard the subject proposal at its meeting of April 1, 1987 and recommended final rezoning and plat approval for the following reasons: 1) Design development features of the proposal, including number of dwelling units, building design and materials, parking and building location are consistent with preliminary approval, 2) With the exception of surface parking, the plans meet or exceed Zoning Ordinance requirements; construction of the additional 33 spaces required by Ordinance is assured by a proof of parking agreement, 3) A Proof of Parking Agreement acceptable to the City Attorney has beep signed by the developer, 4) The proposed use is consistent with the Comprehensive Plan, 5) An acceptable storm water drainage plan has been submitted, 6) Avenue will be installed at the developer's expense, and 7) The developer has agreed to participate in the cost of signalization if warranted in the future. The Commission recommended approval subject to the following conditions: 1) Subdivision dedication based on a land value of $330,000, 2) Executed Developer's Agreement which has been executed, 3) Executed and recorded Proof of Parking Agreement; the Agreement has been executed but not recorded, and 4) Executed Assessment Agreement for cost of possible signalization. the proponent, Norman Bjornnes, was present to answer questions. Member Turner asked if there had been any change as to setbacks and height relative to surrounding properties. approximately 10 feet to the west and that the setback on that side is 40 feet to the property line. As to building height, Mr. Larsen said it is almost identical to the initial plan. 923 feet which compares to an elevation of 945 feet for the driveway of Edina Highland Villa apartments on Villa Way to the north and an elevation of about 950 feet for the homes on Duncraig Road to the west. Drive, asked why when land is zoned for single family dwellings is it considered for rezoning to multiple dwellings. He said it would jeopardize property values of single family homes in the area and asked how dense this area was going to get. He added that the comment was made that this project is consistent with the Comprehensive Plan but that he felt the residents should be asked how they felt about the use of this land. Comprehensive Plan this parcel has been suggested as multi-family development . since 1966. He said that at one time a request had been made for approval of a seven-story, 175 unit apartment complex for the property whieh did not receive final approval by the Council. 'Plan was adopted public hearings were held to solicit everyone's input as to how vacant land should be designated for use and that subsequently the Plan has been updated following public hearings. looked at the City as a whole or at various quadrants as to how they would develop. The exterior of the building remains unchanged and The building has I Fourth, rc cy) Lf) 1 m a An important side issue for the proposed development has been At the time of preliminary approval, the Council asked Traffic safety concerns were considered by the Committee at its Mr. Larsen stated that the Community Development and u Sidewalk along Vernon Mr. Larsen advised that Mr. Larsen responded that the building has been moved The first floor of the building will be at an elevation of Dave Getsch, 5233 Richwood - Member Richards explained that according to the 1- 1. \ He explained further that before the Comprehensive When the Plan was considered the Council ' Even though it appears that the last vacant parcels are being developed 4/20/87 388 with multiple units, the entire timeframe of the Comprehensive Plan should be kept in mind and the heavy concentration of single family detached residences that were built during the years of Edina's growth and development. Member Turner commented that in developing the Comprehensive Plan in 1980 we looked at small strip commercial areas like this and said it is important to the City to protect the single family homes near these commercial areas by limiting the expansion of these commercial areas. opportunity for redevelopment in any of these types of commercial areas that we ought to look at the redevelopment to be housing rather than additional commercial which was felt would have a greater impact on single family homes than multi-family housing. Comprehensive Plan process was unfolding comments where made that there was too much density. of the amendment to the Comprehensive Plan to bring the densities down from the 1966 plan. Mr. Getsch asked why the Comprehensive Plan shows the subject property zoned as R-1 District if that is not the intent for development. explained that all undeveloped land is held in the R-1 District and is not rezoned until the property is ready to be developed so that it forces the developer to come back to the Council and hold yet a second series of public hearings to give all the citizens a chance to give input once again. Dr. Robert Fielden, 5209 Duncraig Road, commented that this will affect everyone living the area in a detrimental way and will change the atmosphere of the area. has developed as single family homes and that is how it should stay. Mahoney, 5309 Ayrshire Boulevard, representing the Edina Highland Residents Association, presented a statement recommending that the Namron Corporation development be denied at this time and that an advisory referendum be held to get input from the community regarding the issue of higher density. Council should get a current reading from the people living in the area as to how they feel about the density. Member Smith commented that he looked on the Comprehensive Plan as a tool and not as a precise guideline that has to be followed. want to move to Edina are because of the excellent school system and the fact that it is a single family community. had talked with residents living in the neighborhood and that he was also aware of the traffic concerns of the neighborhood. is not the only contributing factor to. the traffic but that the whole Grandview area is involved according to the traffic study that was made. said that he was representing Wilma Smith, 5304 Glenbrae Circle and Mr./Mrs. L. J. Jonason, 5300 Glenbrae Circle, who are closest to the proposed development. Mr. Schmid said they feel they will be severely impacted by the loss of natural screening and natural topography, that the density of the project would be an abrupt change in the character of the neighborhood and that there will be increased traffic problems for the Highland residents exiting to Vernon from Ayrshire. Jack Forrest, 5228 Duncraig Road, stated he was opposed to the project. Robert Vaa, 5224 Duncraig Road, said that he was opposed to the high density development because of the traffic safety issue and said it would put additional demand on police and fire services. It was also noted that letters of objection had been received from C. S. McKissick, 5216 Duncraig Road and R. H. Rosch, 5248 Richwood Drive. Norman Bjornnes, the developer, explained that the planning process for the development began a long time ago and that they wanted to be as sensitzve to the site and the neighborhood as was possible. top o€ the building will not exceed the height of the existing trees. They have attempted to save every tree on the site that they possibly can and have trimmed all the trees outside of the construction zone. the site was a major concern for both the neighbors and the people who will be living in the project. trees if needed. develop. adjusting the entrance and by adding a turn-off lane. neighborhood storm water run-off problem, he said they will put in a pumping station to redirect some of the drainage in the area so that the storm water run-off problem will be less than it is now. percent of the cost of the traffic signal. called to get on the list for the project have been Edina residents who want to continue to live in the City and do not want to buy a condominium after they sell their homes. development will be one that they and the City can be proud of. tax revenues in excess of $160,000 per year. proposed development is a significant density down sizing from the Vernon Terrace project and is significantly below what the Zoning Ordinance allows. Mr. Bjornnes said they have not asked for any subsidies or tax increment from the City and that they are building this project to be owned for a long time. They feel it will be. an asset to the neighborhood and the City and that they have done everything that the Council has asked.as well as the staff and Planning Commission to fine tune the design for minimum impact. Member Richards asked why the building was moved westerly and what the landscaping agreement requires. the project, explained that when the plan was first proposed it was done on a conceptual basis and it was moved due to the nature of the dimensioning. It could have been moved further to the east but that would have disturbed.more vegetation. The building will be 400 feet from the west side to the nearest single family So we said in the Comprehensive Plan that when there is an Member Richards added that back in 1980 when the The Council at that time went through a density reduction as part I- Member Richards He said that the area Bill He added that the He said he shared their concerns and concurred that the reasons people He said he had walked the subject property and He pointed out that the Namron project Conner Schmid, I He explained that the Privacy along the west side of He added that they have agreed to add additional mature Mr. Bjornnes said they tried to create a minimal impact on traffic by The site is unique with severe topography and not easy to With regard to the existing He said they have agreed to pay 10 The vast majority of people who have I He said-the apartment units will be first class units and the It will produce As to density, he noted that the Nick Palaia, architect for 4/20/87 389 house. As to the landscaping, Mr. Bjornnes said the Planning Department was D I\. c/) u-) I: m a primarily concerned about-the screening for the parking areas. formula for.landscaping and based on that they said in the alternative plan they wanted an additional number of trees shown indicating the size and species and that this requirement is covered by the landscaping bond. proponent what lead to the proposed density ratio of 19:l. Mr. Bjornnes responded that a number of factors were involved, i.e. what the Zoning Ordinance allows, the topography of the site, the existing vegetation, and what is economically feasible. Member Smith referred to recommendations of the Community Development and Planning Commission made at their meeting of July 30, 1986, with regard to: 1) improving sight lines at Ayrshire and Vernon, 2) taking traffic counts at Ayrshire/Vernon, 3) reduction of the speed limit along Vernon Avenue and asked if these have been acted upon. Mr. Hoffman said the City has taken steps to improve the sight lines at Ayrshire/Vernon and that the City has requested Hennepin County and MNDOT to perform a speed limit analysis on Vefnon Avenue and that the process has again been started to request reduction of the speed limit. recalled that about three years ago the City asked for a speed reduction on Vernon Avenue and that on the west end the speed limit was reduced from 40 to 30 mph but that it was refused for the mid-section on Vernon Avenue. In reference to signalization, Mr. Hoffman said that historically Vernon Avenue has had a lot of review and that he would perceive that outside of the Jerry's Shopping Center area that Hansen Road and Gleason Road would be the next two likely locations that would meet the warrants cor signalization. Commission had talked about a density ratio of 12:l for the project. Mr. Larsen said the initial request was for 150 units. Commission the proponent was told to go back and make a reduction more in line with the apartment complex on Villa Way. project more in line with the density of the apartment complex on Villa Way the Planning Commission felt they had performed and recommended approval of the project. reasons: 1) that she was not satisfied with the traffic study that was done because it did not consider other proposed projects along Vernon Avenue and that the 10 percent traffic impact from the proposed project was too much, 2) that she was concerned about the impact on the neighborhood of this project together with They have a Member Smith asked the Mr. Hoffman Member Smith asked if the Planning Through the staff and the Planning When the proponent came back with a Member Kelly said she intended to vote no on the project for these the impact of other projects along Vernon Avenue, 3) that she did not see a need for additional apartment development in the City, 4) that she objected to the possibility of additional parking for the project be added in the future, 5) that it will be more difficult for children crossing Vernon Avenue to get to Garden Park in light of the fact that Division Park was closed several years ago, 6) that ' Highlands School will be re-opened for Edina students, many of whom will be walkers, and that will add to the traffic congestion, and 7) that from a personal commitment to maintain our Mission Statement objective which was to encourage and protect single family housing she did not feel this type of development is appropriate for the site. the project because: 1) the project is not scaled down in density from the neighboring projects, 2) that the traffic problem on Vernon Avenue has not been adequately studied, and 3) that we need to stop and take a look at the other projects being constructed or proposed for Vernon Avenue. Member SnZth moved that it be referred back to the Community Development and Planning Commission. Richards then offered a motion for approval of the proposal for these reasons: 1) it has received staff support and the unanimous support of the Planning Commission, 2) it is consistent with the Comprehensive Plan, 3) the storm water drainage problem has been solved, 4) the sidewalk issue has been addressed, 5) the traffic congestion/signalization problem on Vernon Avenue has been addressed, 6) it is less than the maximum density allowed by the Zoning Ordinance and is consistent w'ith the density in the entire area, 7) the landscape bond will insure that the City has input as to sizing and selection of landscaping to be put on the property, 8) there is a buffer of 400 feet from the site to the nearest home which is greater than the Council has approved for multi-family units in the southwest and that approval be subject to payment of a subdivision dedication fee of $26,400. responded that if that was the intent he would call for a second to Member Smith's motion. matter back to the Planning Commission. Attorney Erickson commented that the Council had granted preliminary approval of the project on a 4 to 1 vote with conditions that have been met. back for final approval which needs a 4 to 1 vote minimum for the rezoning of the property. Where that vote is not likely to be obtained it has been the policy to send it to the staff to prepare findings and facts for a decision by the Council and the reasons for that decision so that there will be a sustainable argument before any court. Mr. Erickson opined that if the Council is inclined to deny the rezoning that staff be instructed to prepare the findings for the Council's review and action at an upcoming meeting. He also advised that by statute plats that are not acted upon within 120 days from the date of application are deemed approved. Member Turner then said that she had intended to second the motion made by Member Richards for these reasons: 1) the proposed land use is consistent with the Comprehensive Plan, 2) that a balanced land use including single family homes, multi-family units, commercial and office areas are consistent with the City's Mission Statement in maintaining Edina as a premier community, 3) that the issues * * Member Smith commented that he also could not support Member . quadrant, 9) that the property is being developed for residential as anticipated, Member Smith noted that he had made a prior motion. ,Mayor Courtney Member Kelly then seconded the motion made by Member Smith to refer the The process has been to then bring the proposal I 41 20 I87 3gpdentified at First Reading regarding storm water drainage, sidewalk along Vernon and having the Traffic Safety Committee look at the traffic situation on Vernon have been addressed. Hennepin County the issue of speed reduction on Vernon Avenue. Member Turner concluded that the reasons were not there for her to refer the matter back to the Planning Commission. the Planning Commission that we should get their reasons for recommending approval of the proposed project at 135 units and why it should not be less or more. Members Smith and Kelly concurred that the issue for the proposed property is density. the matter back to the Planning Commission. She said she agreed that we should again pursue with Member Richards commented that if this is referred back to Both Mayor Courtney then called for a rollcall vote on the motion to refer Rollcall : Ayes: Kelly., Richards, Smith, Turner, Courtney Motion carried. e FINAL DEVELOPMENT PLAN FOR GOLDEN VALLEY MICROWAVE FOODS (7450 METRO BLVD) APPROVED. placed on file. warehouse distribution center for General Electric Company, located at 7450 Metro Boulevard, and is zoned PID-Planned Industrial District. The site is 7.78 acres in size and is developed with an office-warehouse building containing 114,249 square feet. request to allow the constru,ction of an addition to the building containing 18,560 square feet. addition, the existing warehouse space would be converted to production and warehouse space. Mr. Larsen explained that there are currently 90 parking spaces on the site. Following the expansion and remodeling 239 spaces will be provided. Ordinance requires parking at one space per 400 square feet or the sum of the requirements for each individual use, whichever is greater. In this case, the sum of the individual use yields 239 spaces and one space per 400 square feet requires 306 spaces. employees and three shifts of 50 employees each. proposed plan does not conform to Ordinance requirements for landscaping and screening. landscaping be upgraded and the proponent has subsequently submitted a revised landscape plan which does conform to the Ordinance and will increase perimeter plantings and provide a visual buffer on the east side. setback along portions of the north side of the building fail to provide the required 10 foot setback. remain following the remodeling and addition. current facility on Washington Avenue the plant discharges wastes into the sanitary sewer system which at times cause a blockage of the system. proponent has submitted plans for a system at the new site which is intended to eliminate this problem. Engineer. The request was heard by the Community Development and Planning Commission at its meeting of April 1, 1987 and approval of the final development plan was recommended based on the following: 1) the proposal is a good re-use of the building, 2) the parking quantity variance should be granted because more than enough parking is provided to allow for initial occupancy and growth, and 3) the requested five foot building to parking setback variance should be granted. Approval was recommended conditioned on: a) final approval of the sewage treatment plan by City Engineer, and b) painting the existing warehouse to match the new addition. be no problem with the sewage. Joe Niedermeyer, plant engineer for Golden Valley Microwave Foods, explained that the problem has been the oil used for popcorn and the emulsifying of detergents in the sewer which causes the blockage. proposed plan would provide a miniature sewer treatment plant in their food processing plant which would be a dedicated system and which will dispose of the solid wastes. The solid wastes will be hauled from the property once a day. No further comment or objection being heard, Member Smith introduced the following resolution and moved adoption, subject to 1) final approval of the sewage treatment plan by the City Engineer and ongoing monitoring thereof pursuant to a signed recordable agreement acceptable to the City and 2) painting of the existing warehouse to match the new addition: RESOLUTION GRANTING FIt7AL DEVELOPMENT PLAN APPROVAL BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for Golden Valley Microwave Foods, 7450 Metro Boulevard, presented at the regular meeting of the City Council of April 20, 1987, be and is hereby approved. Motion for adoption of the resolution was seconded by Member Kelly. Affidavits of Notice were presented by Clerk, approved and ordered Planner Larsen advised that the subject property is the former The proponent, Golden Valley Microwave Foods, has submitted a The addition would provide freezer space and a new loading dock. In The amount and location of office space would remain unchanged. The Zoning Golden Valley Microwave Foods will initially have 35-40 office Mr. Larsen pointed out that the The Community Development and Planning Commission recommended that the The parking to building The non-conforming five foot setback is proposed to Mr. Larsen pointed out that at its The The plans have been reviewed and approved by the City Member Smith asked what assurances the City will have that there will The FOR GOLDEN VALLEY MICROWAVE FOODS Rollcall : Ayes: Kelly, Smith, Turner, Courtney Nays : Richards Resolution adopted. CONDITIONAL USE PERMIT GRANTED FOR ARENSEON ACRES PARK. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Planner Larsen presented the request for a Conditional Use Permit for Arneson Acres Park generally located 4 4/20/,87 391 south of West 70th Street and west of West Shore Drive. He advised that the Zoning Ordinance requires a Conditional Use Permit for publicly owned civic and cultural buildings in the R-1 Zoning District. Department has applied for a permit to allow the renovation and expansion of the Arneson home to house the Edina Historical Society and the Edina Garden Council. Mr. Larsen said that a master plan for development of Arneson Acres Park has been drafted which explains the history and purpose of the groups as well as the intended use of the park buildings and grounds. It also explains the proposed funding for park development. Park Board and has also been presented to the City Council on an informational basis. Mr. Larsen pointed out that development of the existing house as a headquarters for the two groups would occur in two phases. Phase I would start immediately and would involve remodeling within the existing structure to create meeting rooms, storage space, work and exhibit spaces. Phase I1 which is planned for 1988 would expand the house by 1,750 square feet. would be 6,500 square feet following the expansion. The addition would provide more office, exhibit and storage space. Other elements of the park master plan include development of formal gardens, an extensive pathway system, a water feature, expanded parking and construction of a new maintenance garage and additional greenhouse. was heard by the Community Development and Planning Commission at its meeting of April 1, 1987 and approval was recommended. John Rogan, 4720 West 70th Street, asked if the addition would be an additional building and if there would be another entrance off West 70th Street. Mr. Larsen responded that the addition would be made to the existing house and that there would be only the one entrance to the park. Joseph Florenzano, 4712 West 70th Street, reiterated his concerns that he had submitted by letter regarding 1) restrictive covenants on the property, 2) additional traffic and parking problems, 3) restrictions to be placed on the use of the property, and 4) the future use or expansion planned for the property. Permit. Bob Kojetin, Director of Parks and Recreation, responded that he was not aware of any restrictions placed on the property when it was donated to the City in 1969. Manager Rosland explained the property was donated to the City as a life estate and that Mr. Arneson resided in the home on the property until his death in 1982. He said Mr. Arnesons's hope for this property was that it would have a formal garden area which would bring people into the park. additional traffic will be minimal and if additional parking is needed the master plan provides for that. Bob Kojetin, Director of Parks and Recreation, presented a graphic of the park master plan and explained the features of the park. regard to the anticipated use of the property, Manager Rosland explained that the Historical Society is a small active organization that has a large collection. They meet once a month and are looking for space so that their collection can be open to public viewing. Each spring the Garden Council organizes the nine Garden Clubs to order and plant seeds for the 54 gardens that are planted in the community. additional meetings which would be limited. said that she was opposed to the shared use of the house ,and that she felt Mr. Arneson had intended it to be used solely by the Garden Council. Ronald Rich, 7008 West Short Drive, said he was concerned how this would impact the neighborhood and that a decision should be postponed until the neighbors could have a chance to look at the proposal for the park. Member Richards asked if notices had been mailed to the neighborhood and suggested that a meeting be held so that the neighbors could have an opportunity to be heard and then take whatever action is required. been presented to neighborhood as no long range plan for development of the park has been-adopted. Present policy is that when a park is scheduled for development hearings are held to get neighborhood input. He said that the request before the Council is for a Conditional Use Permit for the Arneson house only. Mr. Larsen explained that a sign was placed on West 70th Street 10 days prior to the hearing by the Planning Commission and that no mailed notice or publication other than the sign is required by statute. Mailed notices of the public hearing by the Council was mailed to all residences within 500 feet of the entire perimeter of the site 10 days prior, advising that a Conditional Use Permit had been applied for to allow expansion of the building and use by the Edina Historical Society and the Edina Garden Council. delaying a decisLon by the Council on the permit. (building expansion) has been targeted as a goal of the 1988 Centennial to raise $250,000.and that the Centennial Commission is ready to proceed with that challenge upon Council approval of the Conditional Use Permit and that for this reason a decision should not be delayed. stated that he had not received notice nor had his neighbors to the north. Jim Coppick, 7024 West Drive, also questioned whether there were restrictive covenants on the property and asked about the park plan. Mr. Kojetin then reviewed the plans for renovation of the Arneson house and master plan for the park and Foster Dunwiddie, architect, showed and reviewed the plans for the expansion. There being no further public comment, Member Smith commented that the City Attorney had advised the Council that there were no restrictive covenants on the property, that the proposal is for a shared use that will benefit two active civic organizations, that the addition will not be built unless the funds are raised through donations which may possibly be solicited by the Centennial Commission, that the Historical The Edina Park and Recreation The master plan has received approval by the Edina Total area in the house Mr. Larsen said the request for the Conditional Use Permit Mr. Florenzano said he was opposed to granting the Conditional Use It is expected that With The Garden Council meets once a month. The City may use the house for Ruth Johnson, Garden Council member, Mr. Kojetin said that the master plan for the park has not - Member Smith asked what problems would be created by Member Kelly said that Phase I1 Fred Jaeger, 7100 West Short Drive 4/ 20/ 87 392 Society has a valuable collection which is presently being stored under not the best cLnditions, and that completion of the-master park pian will be an asset to the City. adoption : Member Smith then introduced the following resolution and moved its RESOLUTION GRANTING CONDITIONAL USE PERMIT FOR ARNESON ACRES PARK 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 the City of Edina for Arneson Acres Park for building expansion and use by the Edina Historical Society and the Edina Garden Council. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Smith, Turner, Courtney Nays : Richards Resolution adopted . Member Richards commented that he voted no because he felt there should be a more thorough discussion on the subject. FINAL PLAT APPROVED FOR EVANSON ADDITION. property is generally located north of West 78th Street and east of Marth Road. He recalled that preliminary plat approval had been granted by the Council at its meeting of March 16, 1987. lot. home on the northerly portion of the property would remain. final plat approval subject to payment of a subdivision dedication fee based on a land value of $40,000. Mr. Larsen said that the proponent, John Laurent, was present to answer any questions. No comment or objection being heard, Member Richards introduced the following resolution and moved its adoption, subject to payment of a subdivision dedication fee of $3,200.00: Planner Larsen advised that the subject The subdivision request would create one new buildable Staff would recommend The existing home on the southerly lot would be removed and the existing RESOLUTION APPROVING FINAL PLAT FOR EVANSON ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the certain plat entitled "EVANSON ADDITION", platted by Roger C. Evanson and Marilyn B. Evanson, husband and wife, and Preferred Mortgage Corporation, a Minnesota corporation, and First Minnesota Savings Bank, F.S.B., a United States corporation and John L. Laurent and Associates, Inc., a Minnesota corporation, and presented at the regular meeting of the City Council of April 20, 1987, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Turner. B Rollcall : Ayes.: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. SKATE BOARD RAMPS TO REGULATED AS ACCESSORY STRUCTURES. his opposition to skate board ramps because of their potential danger, appearance and attraction for children. Planner Larsen recalled that the Council had discussed the regulation of skate board ramps at their meeting of April 6, 1987 and had directed staff to prepare a draft ordinance for consideration. that regulation of skate board ramps was initially considered when the Council was reviewing controls of "Nuisances". At that time staff suggested a minimum setback of 50 feet from all lot lines for ramps which would effectively prohibit ramps on all but extremely large lots. The Council considered and rejected that approach. Subsequently, staff has been attempting to find out if other communities have established specific regulations for skate board ramps but have been unable to find any. Mr. Larsen explained that under existing rules we would treat skate board ramps as accessory structures. and would need to provide at least a 5 foot setback from an interior side or rear lot line. noted that tennis courts are subject to these same setback requirements but are not included in lot coverage. provide a minimum setback of 10 feet from side and rear property lines. addition, Ordinance No. 434 requires that pools be enclosed by a non-climbable fence at least 4 feet.in height. may be appropriate for skate board ramps. access and may also be used to provide a visual screen. draft amendment to the Zoning Ordinance which would establish these controls for skate board ramps. 120 square feet in area and would limit height to 8 feet. It was noted that the 120 square foot threshold is the point at which a building permit is required for an accessory structure. board ramps entirely.. A prohibition would have to promote the health, safety, morals and general welfare of the community. reasonable and free from arbitrariness and discrimination. construction techniques may help to reduce noise levels generated by ramp use, %.e. heavier skating surface and insulation. to prevent nighttime disturbance. May_or Courtney reiterated Prior to Ramps could be located in the rear yard only He Ramps would be included in the 25 percent lot coverage calculation. The Zoning Ordinance requires that swimming pools In I The increased setback and fencing requirements Fencing could help control unauthorized Mr. Larsen presented a The ordinance amendment would regulate ramps which are over Mr. Larsen said another option would be to prohibit skate It would also need to be shown as He added that certain Hours of use could also be limited Mr. Larsen summarized the options as follows: r- cy) Ln I a a I I I 41 20187 1) Do nothing - skateboard ramps would,be and would be included in lot coverage, 2) 393 subiect to a 5 foot setback requirement Adopt special requirements for -skate - board ramps as per draft ordinance amendment and include ramps in lot coverage, and 3) Ban skate board ramps - must be justified and may be subject to court challenge. consistent with how we regulate other attractive nuisances and because it defines skate board ramps covered by the proposed restrictions as over 120 square feet in area so that it does not eliminate the small ramps. First Reading of the ordinance amendment as presented be scheduled. seconded by Member Kelly. nuisances such as trampolines which are not regulated and that if other communities are not regulating skate board ramps why should we. Rollcall : Ayes: Kelly, Turner, Courtney Nays : Richards, Smith Member Turner commented that she liked Option 2 because it is Member Turner moved that Motion was Member Smith commented that there are other attractive i3 Mr. Larsen advised the Council that the draft ordinance would amend the Zoning Ordinance which would require a favorable 4/5 vote by the Council. Richards said he did not intend to change his vote and questioned going through the process for First Reading if it would not receive the required favorable vote. Member Turner then moved for reconsideration of the motion, seconded by Member Kelly, Member Ayes: Richards, Smith, Turner, Courtney Nays: Kelly I Member Smith then moved adoption of Option 1 - Skate board ramps would be subject to a 5 foot setback requirement and would be included in lot coverage. seconded by Member Richards. Motion was Ayes: Kelly, Richards, Smith, Turner Nays: Courtney FIRST READING OF ORDINANCE NO. 825-A18 CONTINUED TO 5/4/87. stated that staff would recommend First Reading of Ordinance No. 825-A18 To Allow Bagged Leaves and Grass on the Curb for Pick-up in the Morningside area be continued to May 4, 1987 because it would amend the Zoning Ordinance which requires published notice prior to First Reading. seconded by Member Turner to continue First Reading of Ordinance No. 825-A18 to May 4, 1987. Manager Rosland Motion of Member Kelly was Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. (Member Kelly left the meeting at this point.) BID AWARDED FOR CITY HALL CARPETING. for approximately 1,400 square yards of carpeting for City Hall showing Merit Supply at $6.99 per square yard, Noah Williams Associates, Inc. at $7.70 per square yard and Fred G. Anderson at $9.27 per square yard. award of bid to Noah Williams Associates, Inc. Merit Supply was lower, upon having the carpet analyzed by an expert from Dayton’s Commercial Interiors, Inc., it was determined that the carpet bid by Merit Supply did not meet the yarn specifications. Further, Merit Supply was unable to supply the color specified. Motion of Member Turner was seconded by Member Smith for award of bid for carpeting for City Hall to Noah Williams Associates, Inc. at $7.70 per square yard. Manager Rosland presented tabulation of bids Staff would recommend Although the bid submitted by Ayes: Richards, Smith, Turner, Courtney Motion carried. *BID AWARDED FOR RECYCLING AND PARK MAINTENANCE TRUCK BODY. Member Kelly and seconded by Member Turner for award of bid for Recycling and Park maintenance truck to recommended low bidder, LaHass Manufacturing and Sales at $7,973.00. Motion was made by Motion carried on rollcall vote, five ayes. *BID AWARDED FOR SENIOR CITIZENS BUS. seconded by Member Turner for award of bid for one 10 passenger senior citizens bus to recommended low bidder, Tillson Bus & Equipment Company, at $28,238.00 with trade- in. Motion was made by Member Kelly and Motion carried on rollcall vote, five ayes. *BID AWARDED FOR ONE TON VAN. Member Turner for award of bid for a 1987 one ton van to recommended low bidder, Suburban Chevrolet at $11,936.29. Motion carried on rollcall vote, five ayes. Motion was made by Member Kelly and seconded by *BID AWARDED FOR AQUATIC WEED CONTROL PROGRAM -1NDIANHEAD LAKE. Motion was made by Member Kelly and seconded by Member Turner for award of bid for the 1987 Aquatic Weed Control Program for Indianhead Lake to sole bidder, Clean Flo Laboratories at $5,071.00. Motion carried on rollcall vote, five ayes. TRAFFIC SAFETY COMMITTEE MINUTES OF APRIL 14, 1987 APPROVED. There being no requests under Section A or Section B for approval or denial, motion of Member 4120187 39&ith was seconded by Member Turner to approve the Traffic Safety Committee Minutes of April 14, 1987, acknowledging Section C of the minutes. Ayes: Richards, Smith, Turner, Courtney Nays: None Motion carried. UPDATE GIVEN ON 1-494 CORRIDOR STUDY. Member Turner called the Council's attention to a notice of a public meeting for the 1-494 Corridor Study on Wednesday, May 6, 1987 at 7:OO p.m. at the Edina Community Center Auditorium for the purpose of discussing potential transportation improvements in the 1-494 corridor. Turner said that prior to that meeting, on Monday, May 4 at the regular Council Meeting, the consultant for the study, Dick Wolsfeld of BRW, will make a presentation to the Edina Council to help them understand where the study is at this point and to ask questions. Engineer Hoffman added that 15 developers are being asked to attend a breakfast meeting on Friday, April 24, 1987 to let them know what is going on and the impacts of car pooling, ramp control, etc. and to keep the trip levels at a certain volume for future developments. Member Smith requested that any reading materials be given to the Council in advance of the May 4 meeting. Council packets. (Member Kelly returned to the meeting at this point.) FINAL PLAN APPROVED FOR TRAl!FIC SIGNAL AT FRANCE AV AND MINNESOTA DR. Hoffman advised that plans for installation of a traffic signal at the France Avenue (CASH 17) and Minnesota Drive (West 77th Street) intersection have been prepared. participation in this project. signal installation is 25%' county and 75% local. the border of Edina and Bloomington which would result in a cost split of 37.5% for each city. to the City of Edina for the upcoming development of the Hedberg property and for improved access to the Edinborough project. estimated cost figure totals: Bloomington $38,000.00, Edina $34,200.00 and Hennepin County $22,800.00. Additionally, Bloomington and Hennepin County will absorb all future maintenance costs for the signal. Staff would recommend that the Council take the following action: * signal authorization, B) Resolution authorizing the Mayor and Manager to sign the agreement specifying the cost participation of 37.5% of the project, and C) Resolution authorizing use of Municipal State Aid Funds on a county road (France Avenue) up to $35,000.00 for Edina's share of the costs involved. developed as to the possibility of assessing part of Edina's share of the cost to the Edinborough project and to the proposed Hedberg project because those projects help generate the traffic for the signal. Member Richards commented that it does not make sense to assess for this cost when we have the Municipal State Aid Funds which are there for that purpose and can only be used on the Municipal State Aid system. Attorney Erickson stated that the theory of assessment is that the value is increased by the amount of the assessment and the City would have to prove that the Edinborough and Hedberg projects were increased in value. Member Turner then introduced the following resolution and moved its adoption: IJHEREAS, the planned traffic signal construction of France Avenue at Minnesota Drive is a cooperative project involving Hennepin County and the cities of Bloomington and Edina; and WHEREAS, the Construction Plan for signalization of France Avenue at Minnesota Drive, C.P. 8614, S.A.P. No. 120-020-01, 120-171-01, has been prepared and She urged the members to attend the public information meeting. Member I Mr. Hoffman said that any such information will be placed in the No action was taken. Engineer Hennepin County and the City of Bloomington have requested the City's In this case, the signal is on Mr. Hoffman explained that this signal installation is important Mr. Hoffman presented the following The normal participation split for a traffic A) Final plan approval of the traffic I A discussion RESOLUTION presented to the City; NOW, THEREFORE, IT IS RESOLVED: .That said Plan be in Motion for adoption of the resolution was seconded by . Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted . Member Smith introduced the following resolutions and RESOLUTION all things approved. Member Kelly. moved their adoption: I BE IT RESOLVED by the City Council of the City of Edina that the Mayor and City Manager are hereby authorized and directed to execute an agreement with Hennepin County and the City of Bloomington to provide for the participation by Edina of thirty seven and one-half percent of the cost of the traffic signal construction of France Avenue at Minnesota Drive. WHEREAS, it has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction project located on C.S.A.H. No. 17 within the limits of said municipality, and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as S.A.P. No. 120-020-21; NOW, THEREFORE, BE IT RESOLVED: That we do hereby appropriate from our Municipal State Aid Street Funds the sum of $35,000.00 to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Motion for adoption of the resolutions was seconded by Member Turner. RESOLUTION Rollcall : Ayes: Smith, Turner, Courtney Nays: Kelly, Richards Resolutions adopted. 4120187 395 SPRINKLING BAN DISCUSSED: PENALTIES APPROVED. its last meeting the Council had discussed the odd/even lawn sprinkling ordinance and that the penalty for violation was a misdemeanor which involved a court appearance. Staff has looked at an ordinance amendment which would provide a schedule of fines that would eliminate much of the prosecuting time spent by the City legal staff. Staff would recommend for court approval a fine of $40.00 for the first offense, $100.00 maximum for the second offense (petty misdemeanor) and the third violation within a 12-month period would be a misdemeanor (maximum of $700.00 or imprisonment not to exceed 90 days plus prosecution costs) which would require a court appearance. sprinkling ordinance has been in effect since 1981 and that the last time this was discussed was in 1983 which also was a very dry year. dry year in 1987 strict enforcement is recommended. odd/even sprinkling ordinance were strictly adhered to there would be no potential water problem. Mr. Hoffman said a warning ticket would be issued the first time a violation is observed and a record would be kept as to the location and on any following violation the fine schedule would go into effect. A mailed notice would be sent to all residences advising of the odd/even sprinkling ordinance and the penalties for violation. Member Smith suggested that the mailed notice be in a format that would catch the attention of the reader. of the fine schedule for violation of the sprinkling ordinance as follows: 1) $40.00 for the first offense, 2) $100.00 maximum for the second offense, and 3) misdemeanor penalty for the third offense within 12 months, with mailed notice to the citizens and an effective date of April 21, 1987. Motion was seconded by Member Kelly. Manager Rosland re5alled that at Engineer Hoffman explained that the odd/even day In anticipation of a very He stated that if the Member Smith moved approval Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. PUBLIC HEALTH NURSING SERVICES CONTRACT DISCUSSED: CONTRACT TO BE RENEGOTIATED FOR 1988 AND 1989. Manager Rosland referred to a memorandum prepared by David Velde, City Sanitarian, with regard to the 1988-89 Public Health Nursing Services Contract. Mr. Velde had advised that the Edina Community Health Services Advisory Committee has been studying the options available to the City of Edina for the delivery of personal public health nursing services to Edina residents for calendar years 1988 and 1989. The Committee recommended that the Council renegotiate a contract with the Bloomington Division of Public Health for public health nursing services for 1988 and 1989; that the cost should not exceed a 4% increase for each year of the contract, and that if the City does not reach such agreement with Bloomington that it should seek competitive bids for this contract. Virginia McCollister, member of the Committee, stated that the Bloomington Division of Public Health has contracted for a number of years to provide public health nursing services to Edina. During the past year the Committee has looked at their services very carefully and the general consensus of the Committee is that Edina is served well and the Committee was impressed by the range of public health services provided. evaluation strategy to determine both the appropriateness of the services delivered through the contract and the clients' reaction to those services. This , evaluation process will be an important tool for monitoring contractor performance and will also serve as a tool for reviewing future bid proposals. McCollister said that if we have to contract with a hospital based home health care agency the various services will be subcontracted and many people have difficulty in receiving services from various agencies. of loss of continuity and hidden costs in the quality of those services. Committee felt that in order to maintain the present service level that the Council should consider renegotiation and if not possible to reach an agreement with Bloomington then to go to an opening bidding process. the Committee has talked to the Edina School District regarding their health nursing needs and trying to combine their needs with the City's. said that Bloomington does contract with the School currently for the screening process. realistic. 5%. Mrs. McCollister said that, given the state of health care, this is one of their concerns and that they do not now have a tool to evaluate bids but would like to develop one to be used in the future. developing an educational program regarding AIDS that could be available to the Edina community as part of the total public health picture. Mr. Velde said that Hennepin County Public Health Department has a program that addresses AIDS but that he was not aware of anything being worked on through Bloomington. Member Smith then moved that staff be directed to renegotiate a contract with the Bloomington Division of Public Health for public health nursing services for 1988 and 1989, the cost not to exceed a 4% increase for each year of the contract and if the City does not reach such agreement with Bloomington that it seek competitive bids for the contract. The Conunittee decided they should initiate a systematic Mrs. * There also is the danger The Member Smith asked if Mrs. McCollister Member Smith asked if a 4% increase per year for the contract is Manager Rosland said that in the past increases have ranged from 3% ta Member Turner asked if the Committee currently does an evaluation. Member Smith asked if Bloomington is Motion was seconded by Member Turner. Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. 41 2018 7 3%CAP OF MARCH 21, 1987 COUNCIL/STAFF WORKSHOP DISCUSSED. the Council's attention to a summary of the March 21, 1987 Council/Staff workshop, drafted by Mr. Hughes, which lists in concise form the issues and goals which were identified and discussed. drafting of a work program to address and implement these goals. The work program will be prepared by staff and brought back to the Council at its meeting of June 15. The Council members informally approved the summary as presented. Because of the late hour, Member Turner suggested that the Council delay the discussion on Council responsibilities until the next meeting. about the progress on the brochure to be available for the public at Council meetings. are being made and that the Council will see it before it is printed. SPECIAL COUNCIL MEETING REGARDING HEDBERG PROPERTY SCHEDULED FOR MAY 12. Rosland advised that the developers for the Hedberg property would like to meet with the Council, the Community Development and Planning Commission and the Park Board to go over their concept plans for the property. meeting only and would allow input to the developers. The date suggested is May 12, 1987 at 5:OO p.m. at Braemar Clubhouse. Motion of Member Turner was seconded by Member Kelly to hold a special Council Meeting on May 12, 1987 at 5:OO p-m. at Braemar Clubhouse with the developers of the Hedberg property and to invite the Community Development and Planning Commission and the Edina Park Board to also attend. Member Turner called She said the next step in the process will be the Member Smith asked Manager Rosland said that a first draft has prepared, that some changes Manager This would be an informal Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. FEES AND OPERATIONAL GUIDELINES APPROVED FOR EDINBOROUGH PARK. called the Council's attention to the Edina Park Board Minutes of April 14, 1987 and the Board's recommendations for Council action regarding Edinborough Park fees and charges and operational guidelines. and charges staff looked at what other public facilities charge throughout the metropolitan area and in the City's other public facilities. combination pass will be available which can be used at both the Municipal Pool and the Edinborough Pool. experience, Mr. Rosland said the fees and charges may have to be adjusted later on so that the park itself does not become a burden to our ad valorem tax structure. Member Turner said that the information on the swimming pool passes was unclear. Mr. Rosland responded that it would be restated to clear up any confusion. Kelly moved approval of the proposed fees and charges and the operational guidelines for Edinborough Park as recommended in the Park Board Minutes of April '14, 1987. Motion was seconded by Member Turner. Following some discussion, Mayor Courtney called the question. Manager Rosland He explained that in developing the fees He noted that a Because the park is new and there is no operational Member I Ayes: Kelly, Richards, Smith, Turner, Courtney Motion carried. HEARING DATE SET FOR VACATION OF UTILITY EASEMENT - LOT 1. BLOCK 1, WINSOR ADDITION, following resolution: Motion was made by Member Kelly, seconded by Member Turner to adopt the - RESOLUTION CALLING PUBLIC HEARING ON VACATION OF EASEMENT FOR UTILITY PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined, after receipt of the petition of the owners of land affected thereby, that the following described easement for utility purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: 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. The Clerk is authorized and directed to cause notice of the time, place and 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, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. The North 5.00 feet of Lot 1, Block 1, WINSOR ADDITION This Council shall meet at the time and place specified in the form of notice Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA ON VACATION OF EASEMENT FOR UTILITY PURPOSES 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 May 18, 1987, at 7:OO p.m., for the purpose of holding a public hearing on the proposed vacation of the following easement for utility purposes: 41 20187 397 The North 5.00 feet of Lot 1, Block 1, WINSOR ADDITION All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, .to concinue 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 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. Motion carried on rollcall vote, five ayes. LEGISLATION REGARDING WINE IN GROCERY STORES DISCUSSED. Member Turner advised that the proposed legislation to allow the sale of wine in grocery stores is moving through the House of Representatives. Council had taken an active position against that legislation, mainly on the issue of control. adoption, directing that a copy of the resolution be sent to our legislators: RESOLUTION BE IS RESOLVED by the Council of the City of Edina, Minnesota, that it hereby expresses its opposition to H.F. 1342/S.F. 1302 which would allow the sale of wine in grocery stores. BE IT FURTHER RESOLVED that the Council urges its legislators to oppose this legislation. Motion for adoption of the resolution was seconded by Member Kelly. L3 Marcella M. Daehn, City Clerk She recalled that at one time the Member Turngr introduced the following resolution and moved its Ayes: Kelly, Richards, Smith, Turner, Courtney Resolution adopted. ANNUAL REPORT OF POLICE DEPARTMENT DISCUSSED. Member Smith complimented the Police Department on their Annual Report and asked if there was some way that it could be sent out to the citizens. He suggested that possibly funds could be ' raised privately for such a mailing. No action was taken. JOINT COUNCIL/SCHOOL BOARD MEETING DRAFT AGENDA DISCUSSED, reported that he has been in contact with Dr. Smyth, Superintendent of Schools and Sara Jones, Chair of the School Board, regarding the agenda for the joint Council/School Board meeting scheduled for Monday, May 11 at 8:OO p.m. A tentative agenda has been drafted as follows: 1) Community Services Task Force Report, 2) School staff report on facilities and projections, 3) City staff report on housing and population projections, 4) Community Advisory Board needs assessment, and 5) General discussion. The Council briefly discussed the agenda and informally gave their approval. Manager Rosland I.A.F.F. 1275 CONTRACT DISPUTES NOTED. Manager Rosland called the Council's attention to a memorandum from John F. Maloney, President, I.A.F.F. 1275, in which he stated that there have been an excessive number of contract disputes during the last five months. Mr. Rosland explained that some of the issues in dispute are cutting back on overtime, minimum callback and assigned acting officer. this will most likely go through negotiation and then arbitration. action was taken. He said No formal ALL VOLUNTEERS AWARDS RECEPTION NOTED. Members of the All Volunteers Awards Reception scheduled for Tuesday, May 28, 1987 at 5:OO p.m. at the Braemar Clubhouse and urged the Council to attend. Mayor Courtney reminded the Council BOND REFTJNDING UPDATE GIVEN: HEARING DATE SET. Manager Rosland advised that since bond refunding was discussed by the Council at their April 6, 1987 meeting and staff was directed to proceed with the advance refunding of the 1985 Tax Increment Bonds, that interest rates have taken a sharp increase and that the amount of savings originally projected has been substantially reduced. Staff would recommend that a hearing date be set for May 4, 1987 on the issuance of General Obligation Tax Increment Refunding Bonds so that the City would be in a position to respond to the bond market when and if interest rates drop to achieve the amount of savings originally projected. Currently, the amount of present value savings that could be expected under current market conditions has dropped to about $230,000. adopt ion : Member Kelly introduced the following resolution and moved RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City") as follows : 1. The City has issued its General Obligation Tax Increment Bonds, Series 1985, dated September 1, 1985, in the aggregate principal amount of $12,000,000 (the "Series 1985 Bonds"). It has been proposed that the City issue its general 41 20/87 3go$ligation tax increment refunding bonds (the "Refunding Bonds") in order to refund in advance of their maturity all or a portion of the Series 1985 Bonds. Pursuant to Section 1313(b)(3) of the Tax Reform Act of 1986 in order for the interest on the Refunding Bonds to be exempt from federal income taxation it is necessary for the City Council to hold a public hearing on the issuance of the Refunding Bonds within one year prior to the date of issuance of the Refunding Bonds. 2. hereby called and shall be held by this Council on May 4, 1987 at 7:OO P.M. The actions of the staff of the City in causing a notice of the public hearing to be published in the Edina Sun-Current is hereby ratified and confirmed and the form of such notice of public hearing is hereby approved. Motion for adoption of the resolution was seconded by Member Turner. A public hearing on the proposal that the City issue the Refunding Bonds is Rollcall : Ayes: Kelly, Richards, Smith, Turner, Courtney '' Res olut ion adopted . *CLAIMS PAID. Motion was made by Member Kelly, seconded by Member Turner for payment of the following claims as per pre-list dated 4/20/87: General Fund $296,192.87, Art Center $2,076.83, Golf Course Fund $12,740.65, Recreation Center Fund $2,517.56, Utility Fund $15,778.85, Liquor Dispensary Fund $80,175.03, Construction Fund $74.00, Total $409,555.79; and for confirmation of payment of the following claims dated 9/31/87: General Fund $1,205,663.22, Art Center $1,042.58, Swimming Pool Fund $91.54, Golf Course Fund $4,562.37, Recreation Center Fund $9,532.75, Gun Range Fund $98.38, Utility Fund $18,127.61, Liquor Dispensary Fund $241,234.57, Total $1,480.353.02. Motion carried on rollcall vote, five ayes.