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HomeMy WebLinkAbout19910219_regular12 MINUTES OF THE REGULAR MEETING OF THE FEBRUARY 19, 1991 EDINA CITY COUNCIL aELD AT CITY . ROIJXAIL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. EDIN4 HIGH SCHOOL CONCWT BAND DAY PROCTATMP.II following proclamation which was unanimously adopted: VHEBEBS, the Edina High School Concert Band has continuously rehearsed and performed since the founding of Edina Hid School in 1949; and VHEBEBS, the Band's first concert was performed in Spring, 1950; and VHEBEBS, under the inspired leadership of its conductors, Butler Eitel, Edvin J. Melichar, Robert Elledge, and William Webb, the Band has achieved a record of 38 consecutive years of First Division ratings at the Mhesota State Band Contest; and VHEBEBS, a First Division rating is the highest achievable by a high school in the state of Minnesota, and, 'CJHEBEBS, this year the Band celebrates the 38th anniversary of its remarkable Pops Concerts which have entertained more than a quarter million delighted listeners during its venerable history; and WHEREAS, the mre than 3,500 musicians who have enriched the Band's heritage and history have time and again achieved local, national, and international acclaim; and, VHEBEBS, in keeping with its robust commitment to public service, the Band will perform at the 1991Minnesota Midwinter Music Educators Convention. NOW, THEREFORE, I, Frederick S. Richards, as Mayor of the City of Edina, do hereby proclaim the Twenty-second day of February, 1991, to be in the City of Edina and urge all Edina residents to join with me this month in Mayor Richards presented the PROCL4HATION EDINA HIGH SCHOOL CONCERT BAND DAY recognizing this extraordinary Edina institution. CONSENT AGENDA ITEW ADOPTED Motion vas made by Member Kelly and was Member Smith to approve and adopt the Council Consent Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINVES OF THE REGULAR HEXTING OF 12/17/90 APPROVED Kelly and vas seconded by Member Smith to approve the meeting of December 17, 1990 as presented. Motion carried on rollcall vote, five ayes. Agenda- items as Motion was made Council minutes seconded by presented. by Member of the regular PUBLIC HEARING CONCLUDED: CONDITIONAL USE PERMIT FOR BUILDING EXPANSION DENIED FOR HENNEPIN GO- LIBRARY - 7001 PORK AVENUE January 22, 1991, a public hearing was conducted on the application by the Hennepin County Library at 7001 York Avenue for a Conditional Use Permit for Building Expansion. The hearing was continued to February 19, 1991, to allow the County to respond to concerns raised by the Council: 1) How the book drop-off system might be improved and 2) The 33 parking spaces north of the existing access point from York Avenue that impinge upon the required 20 foot setback from the property line. Although the County has not submitted any new material, they have indicated they would make a presentation. Presentation bv Proponent Book Drop System - Beverly Thiede, Southdale Hennepin Area Library Director, said that the Southdale Library is the busiest public library in Minnesota, has the highest circulation and highest number of people entering/exiting the building. existing lower level book-drop is open only when the library is closed. Planner Craig Larsen stated that on - I The Book drops 2/19/31 13 are for the convenience of patrons unable to get to the library when it is open. Because book-drops are very hard on the materials, patrons are encouraged to come into the building to return material. is open to just return books, you must bring them upstairs either by using the stairs or elevator. Currently, if you come to the library when it When the renovation is complete, you will be able to return books at a lower level counter near the front door, where the returned material will be placed on a conveyor belt that will keep the books flat while being moved away. Two options for parking will be provided: 1) Park in the loop for the book drop, walk the same distance and turn in material, or 2) Park in one of the parking spaces that will be under the building which will be signed for 5 or 10 minute parking. Over 1,200,000 items are circulated per year out of the Southdale Library with an average of 405 items coming and going each hour. Ms. Thiede said they have to look at the most efficient and economical way to move material in and out of the building, taking into consideration building costs and staff costs. During the two year renovation, the circulation core will be on the lower level with a book drop in operation also. Member Smith commented that: his understanding of a book drop was that you would not have to leave your car and use a parking space. He said it did not make sense to say the library needs more parking and not to do anything regarding a book drop - you would still have to park to return materials. Jeff Scherer of MS&R, architects for Hennepin County, said that early on they did look at the possibility of a book drop much like a bank drive-up teller's window that would allow you to stay in your car. The distance the returned book has to travel in order to reach staff processing and the increased square footage that would have to be added to the building in order for that to happen made the cost prohibitive. Also, it would cause congestion because of traffic backup, given the configuration of the building. Parkinq Mr. Scherer stated that exit studies done at Southdale library during the four busiest months, with November the peak demand, 93% spaces were filled at any one time, with the average at 70-90%. Library usage is growing at 1-2% annually raising parking demand up to 4-6 spaces per year. Library services that the public is demanding include an enlarged media area, public service area and more reading spaces. Parking demands will increase beyond the normal growth because of the demand for service. Mr. Scherer pointed out that the depressed parking would mitigate the impact of the requested additional 33 spaces on the west side of the site. Also, the adjacent uses to the north all fall within 10 feet of the property line for parking so that, visually, as you travel north on York Avenue there is a consistency. Facility usage per month that was not included in the exit counts: 1200 people use the meeting rooms, the service center conducts 14,000 revenue producing transactions, the court averages 1000 cases per month and approximately 1000 people walk in to pay citations. for parking. The main attempt is to couple the demand for services with the demand Mayor Richards asked about the feasibility of building a ramp to handle the anticipated continued growth in demand for service. although a ramp may be possible, it would not be economical in light of the County's budget constraints and the fact that ramps are not revenue producing. County is seeking is maximum convenience given a limited physical configuration to work with. Mr. Scherer responded that What the Member Kelly raised the question of handicap access for the building. stated that the building now is fully handicap accessible. addition is completed, the handicap spaces will be moved under cover of the Mr. Scherer When the building 2/19/91 14 building. The plans also include automatic doors on the building. In regard to the reported 70-90% parking lot usage, Member Paulus asked if 70% was considered high usage. Mr. Scherer answered that, although it is a matter of perception of parking spaces in relation to the front door, in his opinion the parking lot is being used to capacity. about the cost to the taxpayer to asphalt surface parking now if a parking ramp were required in a few years and who would bear the cost of restoring the green space area. Mr. Scherer suggested that a condition to the Conditional Use Permit could be that if parking was satisfied in another way in the future the setback area would have to be restored to the existing condition. Property Manager, submitted that it would be impossible to look that far ahead and . imagine a multi-story parking facility, but if such a constraint was a condition to the Conditional Use Permit, the County would have to comply with it. Mr. Johnson questioned the feasibility of a ramp system in the future when open parking lots cost between $1200 to $1500 per car and ramp costs would be between $4000 to $5000 per car. building and parking as imposed by the zoning. ' Member Paulus said she was also concerned Raymond Johnson, Hennepin County As with any site, the optimum amount of land use would reach a limit as to Mayor Richards commented that he felt the County had not sat down with City staff to discuss the concerns that were raised by the Council and to confer on revised plans. The expectation of the Council was that revised plans would be presented and this has not happened. Mr. Johnson responded that the County had appeared before the I Planning Commission and had presented building expansion plans that included ' a parking setback variance. approve the Conditional Use Permit including the parking setback variance. The plan provides for a covered, ground floor book drop off area and short-term parking spaces located within a two minute walk to drop off material and return to your car. Member Rice asked if there was any library science reason to not have a book drop. Ms. Thiede answered that book drops are for the convenience of the patron when the library is closed. return materials in order to preserve the material, pay fines, etc. Currently, a book drop is not feasible during hours when the library is open with the automated circulation system now in place. libraries will be implemented within the same two-year renovation period whereby it will be possible to set the computer clocks by building so that if necessary the book drop could be left open during library hours. felt the patrons would like to see the book drop remain open during library hours. It would also require fewer parking spaces. working with three systems where curbside drops are being removed because the various sizes and volumes of materials cause the drops to jam. The recommendation of the Planning Commission was to When open, staff prefers that patrons enter the building to A new circulation system for Hennepin County Member Rice commented that he Mr. Scherer noted that currently he is Ms. Thiede countered by saying that she was not sure patrons would want to give up other service areas to provide square footage for a book drop. Mayor Richards then called for public comment from the audience on the Conditional Use Permit for the Southdale Hennepin Area Library. No comment was heard thereon. Member Smith made a motion to deny the Conditional Use Permit for Building Expansion for the Hennepin County Library at 7001 York Avenue, and that no variance be granted. Motion was seconded by Member Rice. Member Kelly asked, if denied, would the County be able to come back with alternate plans. Attorney Erickson stated the County could not come back for a period of one year. The request may be resubmitted if directed by the Council upon a 3/5 favorable vote after evidence of a change of fact or circumstance. asked if the application for the Conditional Use Permit could be separated from the variance request. their recommendation on the package. - I . Mr. Scherer Attorney Erickson stated that the Planning Commission based The Council does have the power to separate 2/19/91 the two issues if it wished. Member Kelly commented that, although the County had returned with the same plan, she felt the library is an asset to the community and encouraged the County to work on changing their plan. Mayor Richards then called for rollcall vote on the motion. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. BIDS AWARDED FOR 50TH C PRBNCE STREETSCAPE IKI?ROVE?lENTS (STREETSCAPE AND PAVEMEtNTS, FACILITY Engineer Hoffman presented details on bids for Phase I1 of the 50th & France Streetscape Renovation and Improvement No. P-4 - Parking Facility. He explained that the Phase I1 renovation included bids for Streetscape and Pavements, Electrical Specialties (directories/monuments), Benches, and Landscaping. All of these improvements were approved in the public hearing held on June 4, 1990, and were planned to be done in four stages to ensure the least amount of disruption of business and services. Staff will be meeting with the 50th & France Business & Professional Association on March 6, 1991, to review the renovation/construction schedule. ELECTRICAL SPECIALTIES. BENCHES. IANDSCAPIXG) AND IMPROVEMENT NO. PP-4 PARKING With regard to the bid for Electrical Specialties, Engineer Hoffman advised that the low bidder, Arrigoni Bros. Co., did not meet plan specifications which they have acknowledged. Staff would recommend award of bid to Thomas & Sons Construction, next low bidder. Eight bids were received for the Parking Facility to be constructed off of West 49 1/2 Street between France and Halifax Avenues. bid submitted by James Steel Construction at $876,600.00, against'engineer's estimate of $856,000.00. The low Member Rice said he had heard that Lund's are planning some renovation projects for the properties they own on the north side of West 50th Street and asked if those would interfere with the City's 50th & France renovation and/or necessitate any re- does. Engineer Hoffman said the City's projects are staged so as not to conflict with any proposed renovations by Lund's. Also, any Lund's projects should not un-do any of the 50th & France renovation. '. Member Paulus recalled that she had expressed concern at the public hearing in June, 1990, about the large cost of the parking ramp project and whether this would actually solve the parking problem perceived by the merchants. She said she had never seen the lot 100% full and that the problem really is the conflict between employees and shoppers as to where they are allowed to park. The building of the ramp will not alleviate the ongoing issue. Engineer Hoffman observed that at the public hearing last June, the 50th & France merchants and owners had indicated a strong need for additional parking in the area. They now have established a committee that will address the issue of parking distribution. that the project is viable now and will be through the '90's. Staff had concluded Assistant Manager Hughes recalled that a comprehensive parking study had been done by staff and was presented at the June 4, 1990, hearing. The counts which were taken at peak times, indicated an average usage percentage of 73%. developments were also discussed, i.e., Walgreens and the empty space on the south side behind existing shops, which will present a new demand for parking. Another factor is the trend in tax increment law towards more restrictions that may make it more difficult to do projects like this in the future. From a financial standpoint, staff would not recommend delay of the ramp on the concept of acquiring better bids in a year or two. Future I Hosmer Brown, Attorney, property owner at 50th & France, said the 50th & France Association had taken seriously the suggestion by the Council in November to develop a parking plan for the area. The committee's main focus has been to get input from 2/19/91 everyone on the corner so that once the plan was devised it would be acceptable to all. for additional parking in anticipation of further development. The committee's goal is to have a plan developed by no later than June 1 to regulate the parking. behalf of the Association, Mr. Brown urged that the project go forward. Member - Paulus asked, if the Association is unable to reach a conclusion, could the Council propose how the parking would be used. ramps are owned by the City, the Council could establish rules and regulations as to use. who use the ramps and the restrictions imposed on them by limited hours of parking. 16 Two problems have been identified, regulation of parking usage and the need I On Attorney Erickson stated.that, since the Member Paulus said that we also have to consider the-needs of the residents Violet Sather, 50th & France Association Board Member, acknowledged that there is an employee parking problem and that the committee that has been established will settle that issue. Brian Duoos, Sales Manager for Edina Realty, said he was representing Edina Realty and also Jim Nelson, President of Eberhardt Company and building owner. Over the years they have seen the need for parking grow and since their second floor was added they have greatly expanded their staff. He said he agreed with the 50th & France Association that the ramp is essential, not only for their employees but also for the customers who shop and frequent the corner. Member Kelly asked whether the ramp is being driven by the 50th & France Association or if it was in the original long range plan for the area. Assistant Manager Hughes observed that the 50th & France development plan showed the site as public parking. When the south ramp was expanded, a feasibility study done then concluded that the next place to expand parking would be at 49 1/2 Street. the tax increment district was established to encourage development of business at 50th & France and adequate parking is a part of that. Walgreens development and the required parking was predicated upon construction of the ramp and that she would be in full support of its construction. Member Smith clarified that there is no proprietary interest in any ramp by any business. He also believes that the parking is not only an employee problem but also an owner problem. Member Kelly submitted that Further, that approval of the Mayor Richards asked when construction would be completed if the bid is awarded. Engineer Hoffman said the work would begin March 1, and would be essentially contpleted by August 1, with usage to begin mid-August. Mayor Richards urged the Association to finish their process and bring the report and recommendation to the Council. Member Paclus suggested that the report be placed on the June 3, 1991, agenda and thae prior to that it be reviewed by the Planning staff and the Chief of Police. Member Smith made a motion for award of bid for Improvement No. P-4 - Parking Facility off 49 1/2 to recommended low bidder, James Steele Construction, at $876,600.00, with the understanding that the 50th & France Association would present their parking plan on June 3, 1991. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion -carried. Member Rice made a motion for award of bid for the 50th & France Streetscape and Pavements to recommended low bidder, Adcon, Inc., at $671,150.00. Motion was - seconded by Member Smith. I Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Rice made a motion for award of bid for the 50th & France Electrical Specialties to recommended second bidder, Thomas & Sons Construction at $104,000.00. Rollcall : 2/19/91 .. 17 Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Rice made a motion for award of bid for the 50th & France benches to recommended low bidder, C.S. McCrossan, Inc., at $19,325.00. Mayor Richards. Motion was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. I Member Rice made a motion for award of bid to 50th & France Landscaping to recommended low bidder, Arteka Corporation at $63,844.08. Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Motion was seconded by Engineer Hoffman noted that bids have not as yet been solicited for three remaining elements of the streetscape project: 1) Canopy covering alley east of Belleson's, 2) Two additional sets of seasonal banners (spring/summer and autumn), and 3) General upgrade of signage (better direction to parking). Member Paulus asked what was originally budgeted for the projects and what has been spent to date. Assistant Manager Hughes summarized as follows: Budgeted Amounts as of June 4, 1990: $3,058,083 Under Contract to Date: 2,704,583 Expected Contracts in the Future: 101,000 Factored in Contingency Budget: 200.000 TOTAL $3,005,583 *BID AWARDED FOR WELL RENOVATION OF WELL #5 h #17 Motion was made by Member Kelly and was seconded by Member Smith for award of bid for renovation of well #5 & #17 to recommended low bidder, Layne Minnesota Company at $13,415.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR FOUR WEEEL DRIVE ARTICULATED LOADER Kelly and was seconded by Member Smith for award of bid for one four wheel drive articulated loader with trade-in, to sole bidder, Ziegler, Inc. at $45,430.00. Motion carried on rollcall vote, five ayes. Motion was made by Member *BIDS REJECTED FOR LIFT STATION REMODELING - U. 72ND STREET, TO BE REBID Motion was made by Member Kelly and was seconded by Member Smith to reject all bids for Lift Station Remodeling at W. 72nd Street and to authorize rebid. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR FOUR-=EL DRIVE UTILITY TRACTOR WITH CAB. WING AND REAR MOWER Motion was made by Member Kelly and was seconded by Member Smith for award of bid for four-wheel drive utility tractor with cab, wing and rear mower to recommended low-bidder, Long Lake Ford Tractor, Inc., at $34,983.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR POLICE DEPAR!I!MENT VEHICLE PURCHASE and was seconded by Member Smith for award of bid for Police Department vehicle purchase to National Car Rental ('89 Pontiac) per Hennepin County Used Vehicle Purchase Contract #8880AO, at $7,600.00. Motion was made by Member Kelly Motion carried on rollcall vote, five ayes. SENIOR CENTER RELOCATION PROJECT AND LONG TERM LEASE APPROVED Park Board Chairman, presented the recommendation of the Park Board that the City Council approve the Senior Center Relocation project to be funded with the $45,000 Bob Christianson, 2/19/91 I8 capital improvements budget for 1991 and to additionally recommend that $60,000 from the Developer's Fund be used to complete the project. Senior Center relocation proposal at the Council Meeting of December 14, 1990, and had asked for additional information concerning: 1) Total concept of the relocation of the Senior Center, 2) Funding program for the total project, 3) Park Board approval and recommendation, and 4) School Board's approval of the concept and long term lease. The Council had discussed the Mr. Christianson referred to <he Senior Center Relocation Report which summarized the Senior Center Task Force findings and which addressed their proposal to move the Senior Center from its present location in the West Community Room of the Commuqity Center to the new location in rooms 303, 304, 305, 308, 309, 311, 351. This has been under discussion since the Senior Center was moved from York Avenue to the Edina Community Center in 1988. The Park Board concurred that this is the best possible location for the Senior Center at the present time. working partnership with the School District concerning the Senior Center, i.e. grants for installation of an elevator to make the building more accessible for senior citizens. The City already has a The estimated construction costs and funding for the relocation project were given as follows: PHASE PHASE I: (City funded-Work by City crews) (Bid items) Carpeting/furnishings 17.000 (Outside funds) TOTAL $ 72,000 I1 : Air Conditioning, Lighting, Floor Demolition, new walls and plastering $ 10,000 Mechanical/Electrical/Control Doors 45,000 Coverings $ 30,000 GRAND TOTAL $104,000 Engineering/Architects Fees 2.000 Mr. Christianson pointed out that at present there is $507,066 in the Developer's Fund. Of this amount $130,000 is committed to Van Valkenburg Park and $150,000 is committed to the Art Center, of which $50,000 will be paid back over a five year period. development. Developer's Fund to complete the Senior Center Relocation Project. Within the next year a total of $142,000 will be paid in from the Cahill The Park Board felt it would be an appropriate use to draw down the The Community Education Service Board approved the conceptual plan on February 14, 1991, and recommended that the plan proceed. School District has been extended to the year 2000. the School Board on March 4, 1991, requesting their approval of the project. Mr. Christianson concluded by saying that the Park Board recommendation was unanimous following considerable discussion and urged the Council's approval. The long-term lease agreement with the A presentation will be made to Member Paulus commented that recent School Board minutes had indicated that the School District may need additional space and asked if the contract with the School District provides for notice if they planned to take the space back. Erickson said the document provides that at two-year notice must be given. completed a ten-year facility projection. for 12 additional rooms for secondary students on the second floor. anticipated that any space would be used on the third floor by the District. - Attorney Doug' . Johnson, Community Center Director, indicated that the School Board has just As currently projected, the need would be It is not Member Paulus also asked what'the additional sources would be for the $17,000 of 2/19/91 19 outside funding. The Edina Foundation, fund-raising efforts and contributions from senior citizens. . Member Smith added that this would be a way to give the seniors a feeling of ownership by involving them in fund-raising efforts. Member Rice asked if, in the opinion of the Park Board and City staff, there was majority support from the seniors themselves for this location. Mr. Christianson said that, from the Park Board's observations, it is the'best alternative available at this time and that it is not realistic that the City would fund and build a free- standing senior center. Susan Weigle, Senior Center Director, explained that the 'biggest problem for seniors is parking, getting to the building and then upstairs; once there, everything is fine. Mr. Christianson said the plan is to possibly obtain a grant from Member Kelly asked if the $3.00 membership fee covered any of the costs of the seniors' program. Director Weigle explained that the seniors pay user's fees for special events. The membership fees have been used for special purchase, i.e. piano, copier, bottled water, etc. Member Smith moved the following: the long-term lease betveen School District No. 273 and the City of Edina for the Edina Senior Center space in the Edina Community Center, project for the relocation/renovation of the Edina Senior Center within the Edina Comity Center building, 3) To approve funding up to $87,000, ($45,000 from 1991 Capital Fund and up to $60,000 from Developer's Fund), and 4) To direct staff to develop a plan for non-public funding of $17,000 for the project. seconded by Member Kelly. 1) To authorize the mayor and manager to execute 2) To authorize the total . Motion was Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOLUTION RESCINDED ON TAX FORFEIT IAND DEWEY HITL ESTATES, NEW RESOLUTION ADOPTED Mayor Richards recalled that on February 4, 1991, the City Council adopted a resolution requesting conveyance of Lot 3, Block 1, Dewey Hill Estates to the City for park and open space purposes. This resolution was conditioned upon the receipt by February 25, 1991, of the outstanding installments of special assessments which have been levied against this parcel. It was anticipated that the payment of these installments would come from the surrounding condominium developments. Staff proceeded to file the February 4, 1991, resolution, together with an application for the conveyance of tax forfeit land with Hennepin County on February 7, 1991. Letters were received from Dick Reichow, of Dewey Hill East, Roy Anderson of Dewey Hill West and Roy Smith of Cahill of Edina. Condominium Associations have decided not to participate in the payment of outstanding special assessments. not to participate. Their letters advise that these They also noted that Windwoods has also elected Based upon information, staff requests permission to withdraw the resolution and application with Hennepin County and recommends that the Council adopt a new resolution requesting the County to proceed with a public sale. Mr. Reichow spoke to his letter submitted on behalf of Dewey Hill East Condominiums that had stated, although they desired that the land stay as open space, they could not participate financially and had concluded their only recourse would be to wait and see what happens when and if the property is sold. He asked if the association could be informed of the date of sale for the subject parcel. Hughes said if staff receives that information from Hennepin County it could' be passed on to the association. Assistant Manager Mayor Richards asked for clarification to comments in the letters that the Council would not give binding assurance that the land would remain as open space even 2/19/91 20 though the outstanding special assessments were paid by the associations and that their investment may be for naught. deeded to the City. without payment of money, it would be restricted to the specific uses the City had requested, i.e. open space or park. that specific use it would have to get permission to do so. Also, if the City would forego that use the land would automatically revert to the State of Minnesota. Council, in the future, could decide it did not wish to use if for the stated reason and give it back to the State but it would have to be an overt act or an abandonment by the City. With regard to money that the associations may pay on the specials, once the money is paid to the City it becomes public moneys to be used for public purposes. If the land ever reverted back to the State, it would be doubtful that paying the money back to the association could be considered a public purpose. Attorney Erickson concluded by saying that the risk would be very small as he had not seen any tax forfeit land acquired by the City revery back to the State. Mayor Richards reiterated that if a private party buys this property, the comprehensive land use plan would allow this property to be used for a multiple unit building. developer. Engineer Hoffman responded that the City would require that the drainage as it exists today would be preserved. Planner Larsen clarified that the property is zoned PRD-3 and plans for a 42 unit building has been approved. The City would be obligated to issue a building permit to construct a building according to those specific plans without any further public hearings or notice other than review of the building permit. public hearing process. Attorney Erickson opined that, if the land is If the City wanted to change The . Mr. Reichow asked if the storm water drainage could be changed by a' However, any change to those specific plans would require the Vince Lorimer, resident, Dewey Hill West, explained that the association initially thought the approximate $58,000 could be raised. said they could not participate, the amount needed grew from $165 to $500 per unit, and considering all the legal aspects, this became impossible. major concern was not knowing what future decisions might be made for the property. However, they still hoped it could remain.an open space. When Windwood and Cahill Townhomes -I He mentioned their Albert Levine, resident, Dewey Hill East, asked if they could have more time in which to approach the developer of the Dewey Hills Condominiums regarding the unpaid special assessments so that the individuals would not have to be assessed. Richards stated that would be a private matter and that the time constraints on this parcel are controlled by Hennepin County. Mayor Member Paulus made a motion directing staff to withdraw the resolution adopted by the Council on February 4, 1991, and submitted to Hennepin County, requesting conveyance of Lot 3, Block 1, Dewey Hill Estates, for park and open space purposes, and moved adoption of the following new resolution: RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO HENNEPIN CODNTY FOR PUBLIC AUCTION AND CERTIFYING SPECIAL ASSESSMENTS WHEREAS, the City Council of the City of Edina has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of property taxes, which said list vas received on 12/03/89, Non-Conservation List 741-NC; and WHEREAS, the parcel in said list identified as PINS No. 08-116-21-42-0214 has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota, as non-conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; Statute 282, that the said classification by said Board of County Commissioners for said parcel of land described in said list as non-conservation land be and the same is hereby approved, and that the sale of said parcel of land by public auction be and the same is hereby approved; - I *. NOU, THEREFORE, BE IT RESOLVED by said City Council, acting pursuant to Minnesota .2/ 19 / 9 1 .. 21 BE IT FURTHER RESOLVED by said City Council, that it hereby certifies the total amount of unpaid special assessments levied against said parcel of land to be $52,737.71. ADOPTED this 19th day of February, 1991. Motion for adoption of the resolution was seconded by Member Smith, Rollcall : Ayes:. Kelly, Paulus, Rice, Smith, Richards Resolution adopted. FIVE YEAR CAPITAL PLAN FOR STORM WATER UTILITY PRESENTED: 1991 PROJECTS APPROVED Engineer Hoffman presented the Five Year Capital Plan for Storm Water Utility Systems of the City. identified. Member Smith's motion was seconded by Member Rice to approve the recommended "Five Year Capital Plan for Storm Water Utility" as presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Line items were explained and discussed and 1991 projects were APPOINTMENTS TO ADVISORY BOARDS/COMMISSIONS/COMMITTEES APPROVED Motion was made by Member Kelly and was seconded by Member Rice for consent of the Mayor's appointment of individuals to advisory boards/commissions/committees as follows: Edina Art Center Committee (3 year term to 2/1/94) Sandra Clark (reappointment) Heritage Preservation Board (2 year term to 2/1/93) Herman Ratelle Community Eealth Services Advisorv Committee (2 year term to 2/1/93) Patricia Smith (consumer) Human Relations Commission (3 year term to 2/1/94) Jean Rifley Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. APPOINTMENT OPEN ON EDINA FOUNDATION BOARD Mayor Richards informed the Council that Leslie Turner has declined appointment to The Edina Foundation Board at this time and that position remains open. *RESOLUTION ADOPTED RELATING TO PURCHASE AGREEMENT FOR I-494/169 LAND Member Kelly introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina that staff be authorized and direct to execute a purchase agreement between the Central Minnesota Service Corporation, a Minnesota corporation, and Pokegama Service Corporation, a Minnesota corporation and the City of Edina, a Minnesota municipal corporation for land acquisition located in the northeast quadrant of Highways 1-494 and 169, for $290,000. Motion for adoption of the resolution was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *CIAIMS PAID approve payment of the following claims as showing detail on the Check Register dated 2/19/91 and consisting of 32 pages: General Fund $220,599.94, C.D.B.G. $911.00, Communications $5,697.51, Art Center $4,621.54, Capital Fund $332.91, Swimming Pool Fund $10,575.56, Golf Course Fund $20,863.74, Recreation Center Fund $15,889.65, Gun Range Fund $238.50, Edinborough Park $22,464.31, Utility Fund $32,943.47, Stow Water Utility $4,044.10, Liquor Dispensary Fund $108,264.50, Construction Fund $992.53, IMP Bond Redemption #2 $551.25, TOTAL $448,990.51; and Motion was made by Member Kelly and was seconded by Member Smith to 2/19/91 for confirmation of payment of the following claims as shown in detail on the Check Register of 1/31/91> and consisting of 20 pages: General Fund $398,982.41, Art Center $1,532.13, Swimming Pool Fund $103.52, Golf Course Fund $15,165.05, Recreation Center Fund $12,906.86, Gun Range Fund $498.78, Edinborough Park $12,425.53, Utility Fund $24,448.46, Storm Sewer Utility $490.66, Liquor Dispensary 22 I -- FMd $289,497.14, TOTAL $756,050.54. Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:04 P.M. 744%- .a&-- City Clerk OF HmuTEs THE CLOSED COUJ!iGIL HEIS) AT ED- CITY MARCH 4, 1991 1 A closed Council Meeting was held on March 4, 1991, at 6:30 p.m. for the purpose of discussing potential litigation concerning the request for setback and height variances by U.S. West Newvector Group for construction of an antenna tower and equipment building on property at 5600 Lincoln Drive. In attendance were Members Kelly, Paulus, Rice and Smith. Staff members present were Manager Rosland, Assistant Manager Hughes, Planner Aaker, Attorney Erickson and Clerk Daehn. Attorney Erickson advised the Council of the legal ramifications of denial of the setback and height variances and explained alternatives that the Council could consider. No formal action was taken and no other business was discussed by the Council Members. Meeting was adjourned at 6:58 p.m. City Clerk