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HomeMy WebLinkAbout19880125_regular94 MINUTES EDINA CITY COUNCIL HELD AT CITY HALL JANUARY 25, 1988 OF THE REGULAR MEETING OF THE Answering rollcall were Members Kelly, Smith and Turner. the meeting. Member Turner chaired CONSENT AGENDA ITEMS ADOPTED. Motion of Member Kelly was seconded by Member Smith to approve and adopt the consent agenda items as presented. Rollcall : Ayes: Kelly, Smith, Turner Motion carried. I *MINUTES OF SPECIAL MEETING OF DECEMBER 21, YEAR END MEETING OF DECEMBER 30. 1987 AND REGULAR MEETING OF JANUARY 4. 1988 APPROVED. seconded by Member Smith to approve the minutes of the Special Meeting of December 21, 1987, the Year EndMeeting of December 30, 1987 and the Regular Meeting of January 4, 1988 as submitted. Motion of Member Kelly was Motion carried on rollcall vote, three ayes. FINAL PLAT APPROVED FOR ROLLING GREEN PARKWAY ADDITION. presented the request for final plat approval for Rolling Green Parkway Addition, generally located west of Rolling Green Parkway and south of Annaway Drive. recalled that preliminary plat approval was granted by the Council at its meeting of October 5, 1987. All conditions for preliminary plat approval have been satisfied and staff would recommend final plat approval subject to subdivision dedication fee based on a land value of $100,000.00. No objections being heard, Member Smith introduced the following resolution and moved its adoption, subject to payment of a subdivision dedication fee of $8,000.00: Planner Craig Larsen He RESOLUTION APPROVING FINAL PUT FOR ROLLING GREEN PARKWAY ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "ROLLING GREEN PARKMAY ADDITIONw, platted by Charles David Luther and Anne Wther, his wife, and presented at the regular meeting of the City Council of January 25, 1988 be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Smith, Turner Resolution adopted. VARIANCES GRANTED CONDITIONALLY FOR 5324 WEST 62ND STREET. presented the appeal of David Constable, 5324 West 62nd Street, from the Board of Appeals decision of December 17, 1987 concerning variances for property located at 5324 West 62nd Street. The request heard by the Board of Appeals was for a 2.4% lot coverage variance, a 4.5 foot setback variance for a new deck and a 4.5 foot . setback variance for a fence in excess of 6 feet in height. is currently developed with a single family dwelling unit. enlarged and refurbished at the property and a fence ranging in height from 7' 10" to 9'6" was also added. in violation of the Zoning Ordinance. required to maintain a 5 foot setback to the property line; only a half foot is provided. Structures at residential properties are not permitted to cover more than 25% of the lot area. exceeded the 25% limit; with the addition of the deck lot coverage at the site is 27.4% exceed 6 feet in height when adjacent to a property line. required to maintain a 5 foot setback; only a half foot is provided. Larsen advised the Council that there is an apparent discrepancy as to setbacks in the neighborhood. proposed location for the house when it was built in the late 1950's. The City does not have a current survey of the subject property but does have a survey showing the-actual location of the house next door to the East (5320 West 62nd Street). All variance measurements are based on the actual location of the house presented showing the location of the deck and fence as related to the house next door. variances and ordered reconstruction to comply in all respects to the Zoning Ordinance. in lot coverage. due to the on grade patio of some 400+ square feet. since the time of the decision by the Board of Appeals the proponent, David Constable, has provided statements in support of the variance requests from property owners in the immediate area. Board of Appeals, Council outlining how he perceived the process unfolding and his reasonings in this matter. questions. that she had these concerns: 1) that the survey on the subject property is not as the property exists, 2) no building permits were obtained, and 3) that the variance requests were heard before only four members of the Board. David Planner Craig Larsen The subject property Recently a deck was Both structures were built without permits and both are Planner Larsen explained that the deck is The dwelling prior to the deck addition already Fences in residential districts in the side yard are not permitted to The new fence is Planner For the subject property there is only a survey showing the .next door combined with field measurements taken by staff. A graphic was Planner Larsen reported that the Board of Appeals took action to deny the He explained that the Zoning Ordinance now includes decks and patios The removal of the deck would still leave a lot coverage problem Planner Larsen said that Those letters were not available to the Further, the proponent has addressed a letter to the Edina City He advised that David Constable was present to respond to any Member Kelly commented that she had viewed the subject property and 1/25/88 95 Constable presented his arguments in support of the requested variances as submitted in his letter dated January 22, 1988 and asked that the appeal be reconsidered for the foLlowing reasons: 1) He was replacing a deteriorating fence and deck so it would be more presentable, 2) He had always been in contact with the Building and Planning officials and tried to meet their requirements and codes, 3) Confusion about the property line was based on a certified survey in the possession of the City which they now feel if incorrect and on which he had relied in rebuilding the deck in the same location as before, 4) His neighbors all feel it is an improvement and have no objections, 5) That it was not clarified to the Board of Appeals that there had been an existing deck; that he had been in touch with the City at all times and relied on information given to him from the City files, and 6) That denial of the variances would impact the aesthetics, function and market value of his house and would be a severe hardship. Mr. Constable also presented a letter from Steve and Kathleen Peterson, 6201 Hansen Road, in support of the requested variances. refer this matter back to the Board of Appeals because of the additional evidence presented from the neighbors. have Mr. Constable offer the option of removing the lattice top on the fence in response to the concerns of the neighbor at 5320 West 62nd Street and so that it would conform. She asked that this be heard by all five members of the Board of Appeals. Motion failed for lack of a second. To address the variance on lot coverage, Member Smith proposed that when the patio needs to be replaced that it be brought into conformance with ordinance requirements and asked if there was a way to be sure this would happen. impose conditions on variances and put them of record at the cost of the property owner. Dave Lindman, 5325 West 62nd Street, spoke in support of the variances and said that he felt that the additions Mr. Constable has made to his property are an improvement. height of the fence and the fact that it exceeds the ordinance 'requirement. Member Smith moved to deny the 4.5 foot fence setback variance and to grant the 2.4% lot coverage variance and the 4.5 foot deck setback variance for the property at 5324 West 62nd Street, subject to the condition that the property be brought into compliance as to lot coverage at any time in the future when the patio or deck is removed or destroyed in whole or in part, and that this condition be placed of record at the cost of the property owner. Motion was seconded by Member Kelly. Following discussion, Member Kelly made a motion to Member Kelly also stated that she would like to Attorney Erickson said that the Council can ' Member Turner commented that she was still concerned about the Rollcall : Ayes: Kelly, Smith, Turner Motion carried. *BID AWARDED FOR POLICE SQUAD CAR LIGHT BARS. seconded by Member Smith for award of'bid for police squad car light bars to recommended low bidder, Don Streicher Guns, at $6,712.00. Motion was made by Member Kelly and Motion carried on rollcall vote, three ayes. TRAFFIC SAFETY COMMITTEE MINUTES OF 1/19/88 APPROVED. Motion of Member Kelly was seconded by Member Smith to approve the following recommended action listed in Section A of the Traffic Safety Committee Minutes of January 19, 1988: 1) Installation of "NO U-T[JRN" signs on eastbound West 50th Street at Grange Road 2) Installation of "SCHOOL ZONE - 20 MPH" and "CAUTION - BUS LOADING ZONE" warning/advisory signs on the East Frontage Road of Highway 100 in front of the Edina Connuunity Center, and to acknowledge Sections B and C of the Minutes. Ayes: Kelly, Smith, Turner Motion carried. PROPERTY TAX REFORM PROPOSALS DISCUSSED. Member Turner advised that this item is on the agenda for several reasons. proposals circulating for the 1988 Legislative Session. Metropolitan Municipalities (AMM) will be considering the property tax reform proposal that is coming from the Coalition of Greater Minnesota Cities, Minneapolis and St. Paul at its meeting on February 4. able to represent the City as the issue is discussed. The Municipal Legislative Commission (MLC) will be discussing this issue at its meeting on January 26. Secondly, this is being discussed for the Council's information and also so that the City's representatives at those meetings can convey the City's position on the issue. Manager Rosland then gave an explanation of the property tax reform proposals summarized.as follows. suburbs, decided about six months ago to take an active and aggressive role in the Minnesota property tax system. "A Guide to Minnesota's .New Property Tax System" which has been distributed throughout the Twin City area to the media, legislators, tax people, city councils, etc. The second step was the developing of some formulas for property tax reform and local government aid. Coordinating Committee was formed by a coalition of out-state cities, Minneapolis and St. Paul to develop a proposal and recommendations on property tax reform. The LMC met with that committee and made a decision not to join in their efforts because the LMC had a different approach to property tax reform. explain the proposal drafted by the Committee. First, there are several property tax reform The Association of She said she wanted to be . The MLC, a coalition of fifteen Twin Cities The first step was the drafting of the MLC's Meanwhile, a Property Tax Reform He briefly The LMC is proposing the 1/25/88 96 following: 1) Homestead credit one percent of market, 2) Local government aids freeze, 3) Welfare income maintenance costs paid by the State, and 4) Repeal levy limits. Following explanation and discussion on the proposals of the LMC, Member Kelly moved to approval the four elements of the ZMC's proposal as discussed and directed the Manager to negotiate these on behalf of the City. seconded by Member Smith. Motion was Ayes: Kelly, Smith, Turner Motion carried. Member Turner stated that she would relay the same position at the meeting of the AMM Board on February 4, 1988. COUNCIL APPOINTMENTS TO EAST EDINA HOUSING FOUNDATION CONTINUED TO 2/22/88. accord with the action taken by the HRA earlier in the meeting regarding appointments to the East Edina Housing Foundation, Member Turner said the Council appointments would also be continued to the meeting of February 22, 1988. ANNUAL CONGRESSIONAL CITY CONFERENCE DISCUSSED. Council Members of the upcoming Annual Congressional City Conference on March 19-22 in Washington, D.C. and asked who might be able to attend. her understanding that Member Richards was interested in attending the conference. Member Smith agreed to attend if Member Richards could not go. said that a reservation would be made for accommodations for whomever could attend. I In Member Turner reminded the She said it was Manager Rosland LMC/AMM LEGISLATIVE CONFERENCE RESERVATIONS TO BE MADE. Member Turner asked the Council Members if they intended to attend the LMC/AMM Legislative Conference on February 16 at the St. Paul Radisson Hotel so that reservations could be made. Members Kelly, Smith and Turner indicated they plan to attend. Manager Rosland said reservations would be made and Mayor Courtney and Member Richards would be contacted to confirm their attendance. .He added that there would also be staff in attendance at the conference. . DEER STATUS REPORT GIVEN. Resources (DNR) and Hennepin Parks have agreed to conduct an aerial survey which extends into Edina. The DNR agreed to attend a City Council Meeting after the census and data collection are complete to explain results and brief the Council on possible control measures. It is expected that this will be scheduled for one of the meetings in April. formal action was taken. RESOLUTIONS APPROVING ASSIGNMENTS OF SECURITIES IN LIEU OF BOND ADOPTED. Motion Manager Rosland advised that the Department of Natural This survey was scheduled to occur on January 21. .. No was made by Member Kelly and seconded by Member Smith to adopt the following resolutions: RESOLUTION APPROVIJ!?G ASSIGNMENT OF SECURITIES IN LIEU OF BOND - FIRST BANK SOUTHDBLE BE IT RESOLVED that the City Council of the City of Edina, Minnesota, approves the assignment by its depository, First Bank Southdale, of the following securities, as good and sufficient collateral for the City of Edina Public Funds deposited in said depository: Description - Rate Due Par Value Beaver Cnty PA New Pub Hsg Auth Vanport 5.250 06/01/95 50 , 000.00 Burnsville Hinn 5.700 02/01/94 150,000.00 Cowlitz Cnty Wash 5.100 07/01/90 35 , 000.00 Deer River Minn Indpt Sch Dist No 317 5.750 02/01/94 50,000.00 Essex Cnty NJ 6.600 06/01/94 150,000.00 Hawaii St 5.900 02/01/94 150,000.00 Osseo Hinu Indpt Sch Dist Baltimore MD 5.900 10m/93 $200,000.00 No 279 5.750 01/01/94 150,000.00 . $935,000.00 -: / RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND FIRST - EDINA NATIONAL BANK BE IT RESOLVED that the City Council of the City of Edina, Minnesota, approves the assignment by its depository, First Edina National Bank, of the following securities, as good and sufficient collateral for the City of Edina Public Funds deposited in said depository: Description Rate - Due Par Value California St 6.700 02/01/95 $140,000.00 U S Treasury Notes 6 1/2 Note L 91 6.500 11/15/91 800.000.00 $1,140.000.00 Oregon St 7.00 01/01/95 200,000.00 Motion carried on rollcall vote, three ayes. COMPLIMENTARY LETTERS ON SNOW CLEANUP NOTED. a number of calls following the recent snowstorm complimenting the City crews on the quick cleanup. use of the snow gate in his area. Member Turner said she had received- Only one resident had mentioned that he would like to see the Manager Rosland explained that the snow gate is 97 not used for the initial plowing following a snowfall but is used 3 to 4 days later when the secondary clean-up is done. APPOINTMENTS FOR VACANCIES ON ADVISORY BOARDS/COMMISSIONS DISCUSSED. advised that a notice has been published in the Edina Sun regarding openings on the various advisory boards and commissions and that it is anticipated that appointments will be on the agenda at the February 22 meeting. Member Kelly I: 5 m MANAGER'S VACATION ANNOUNCED. on vacation from February 11 to the end of the month. Manager Rosland advised the Council that he will be FULL ATTENDANCE OF BOARD OF APPEALS DISCUSSED. concerns raised by Member Kelly regarding full attendance at Board of Appeals meeting when variances are heard and he said this would be difficult to control. Member Turner suggested that the board members be reminded that the Council relies very heavily upon their recommendations when an appeal comes to the Council and that it is important that the recommendations represent the full board. No formal action was taken following a discussion of alternatives to ensure that five members would be present. Manager Rosland referred to the ANNUAL ALL VOLUNTEERS RECEPTION SCHEDULED FOR APRIL 12. the Council that April 12 has been set for the Annual All Volunteers Reception. He reviewed the procedure and format that has been used for past receptions and asked for any comments from the Council. was running too long. Some discussion followed regarding how it could be shortened. thank members who have left the advisory boards and commissions. included recognizing board/commissions members at an annual dinner and presentation of a standard plaque or appreciation. the Council think of how this could best be accomplished and that it be placed back on the Council agenda at a later date for further consideration. Manager Rosland advised Member Kelly said she felt the program Member Turner said she would like to find some way to recognize and Suggestions Member Turner\suggested that *CLAIMS PAID. payment of the following claims as per pre-list dated 1/15/88: General Fund $754,365.15, Art Center $10,349.29, Capital Fund $7,982.23, Swimming Pool Fund $119.22, Golf Course Fund $48,918.44, Recreation Center Fund $15,825.64, Gun Range Fund $735.81, Edinborough Park $21,409.98, Utility Fund $39,848.23, Liquor Dispensary Fund $15,847.38, Construction Fund $47,885.57, Iwp Bond Redemption #2 $65,872.75, Total $1,166,159.69. Motion carried on rollcall vote, three ayes. Motion of Member Kelly was seconded by Member Smith to approve There being no further business on the Council Agenda, motion of Member Kelly was seconded by Member Smith for adjournment. Adjournment at 9:45 p.m.