HomeMy WebLinkAbout19910805_regularIlENDTES
OF THE REGUIAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
AUGUST 5, 1991
157
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
CONSENT AGENDA ITEMS APPROVED
by Member Kelly to approve and adopt the Council Consent Agenda items as
presented.
Motion was made by Member Smith and was seconded
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*MNuTES OF REGULAR MEETINGS OF JULY 1 AND JULY 15. 1991 APPROVED Motion was
made by Member Smith and was seconded by Member Kelly to approve the Council
Minutes of the Regular Meetings of July 1, 1991 and July 15, 1991.
Motion carried on rollcall vote, five ayes.
PUBLIC HEARING CONDUCTED - CURB & GUTTER IMPROWME" NO. B-91 APPROVED
Affidavits of Notice were presented, approved and ordered placed on file.
Presentation by Envineer
Engineer Hoffman stated the purpose of the public hearing was to consider the
petition received from two residents on W. 54th Street for installation of curb
and gutter on the south side of W. 54th Street, from Zenith Avenue to Abbott
Place. The third resident whose frontage faces Abbott Place did not sign the
petition. This resident's assessment would be for only 1/3 the length of his
sideyard on W. 54th Street per City policy.
the project would be $6,798.71 or $32.40 per assessable foot, to be assessed over
ten years.
would provide a more manageable street system for plowing, sweeping and
maintenance. If approved, the project would be constructed in late 1991 or early
1992. Staff has reviewed the proposed improvement, has determined it feasible,
and would recommend approval.
The estimated construction cost of
The Public Works Department would support this type of project as it
Public Comment
Doug Hostnick, 5401 Abbott Place, stated that he did not sign the petition for
the proposed project.
year and could not afford to do both improvements. Because he did not want to
deprive his neighbors of the improvements they desire he asked that his
assessment charge be cut in half.
He explained that he planned to put in a sidewalk this
Marianne Falk, 3301 W. 54th Street, one of the two signers of the petition,
inquired whether the lot at 5401 Abbott Place could be omitted from the proposed
project .
In response to Member Kelly, Engineer Hoffman said many projects end up being
only one or two blocks long. However, he said the City would never recommend
doing only a portion of a block.
Member Smith introduced the following resolution and moved its adoption:
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published and mailed to owners of
each parcel within the area proposed to be assessed on the following proposed
improvement :
and at the hearing held at the time and place specified in said notice, the
RESOLUTION ORDERING CURB AND GUTTEB IMPROVEMENT NO. B-91
=-
CONCRETE CURB AND GD!C!CER IHPROVEHEKC NO. B-91
I
8/5/91 8
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts, does hereby determine to proceed with the
construction of said improvement including all proceedings vhich may be necessary
in eminent domain for the acquisition of necessary easements and rights for
construction and maintenance of such improvement; that said improvement is hereby
designated and shall be referred to in all subsequent proceedings as CONCRETE
CURB AND GUTl!ER IKPROVEKEW! NO. B-91, and the area to be specially assessed
therefor shall include Lot 1, and Outlot A, Block 2, White Investment Go. Hidden
Valley; and Lot 1, Block 1, James M. Wilson's First Addition.
Motion for adoption of the resolution was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
.PUBLIC EEARING CONDUCTED - CURB AND GUTTER mOVEMEHT NO. B-92 APPROVED
Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Enprineer
Engineer Hoffman stated the purpose of the public hearing was to consider the
petition received from six of a possible ten residents on Birchcrest Drive, from
W. 60th Street to Porter Lane, for installation of curb and gutter. The project
was initiated because of erosion between the grass and asphalt street. The
estimated construction cost would be $19,241.90 or approximately $25.15 per
assessable foot, to be assessed over ten years.
would support this type o'f project as it would provide a more manageable street
system for plowing, sweeping and maintenance. If approved, the project would be
constructed late in 1991 or early 1992.
improvement, has determined it feasible and would recommend approval.
Public Comment
Bob Elmore, 6001 Birchcrest Drive, said he did not sign the petition, because the
project would be of no value to his property.
water stands at their driveway and the corner and that a better use of the funds
would be to improve the drainage to eliminate the problem.
The Public Works Department
Staff has reviewed the proposed
I He explained that when it rains
Norm Bjornnes, owner of the home at 6016 Birchcrest Drive, said his property
would have curb and gutter on the front but not on the sideyard.
that the entire block be included in the project if the affected residents
agreed.
He suggested
Linda Ruekert, 6017 Birchcrest Drive, said she did not sign the petition and
commented that she has no washout problem.
the project because it would represent some financial hardship to her.
She stated that she was opposed to
Jan Bordonaro, 6009 Birchcrest Drive, reiterated that water pools at the corner
of 60th and Birchcrest and pointed out that Birchcrest Drive is the only street
in the quadrant that does not have curb and gutter.
Mayor Richards asked how the proposed project would affect the water pooling
problem.
replacing the concrete apron at the intersection would resolve the problem.
explained that this would be a maintenance job that Public Works would do and
that the cost would not be assessed.
related to the proposed curb and gutter project.
Engineer Hoffman said his staff has looked at the area and felt that
He
It would be done prior to and would not be
In response to Mr. Bjornnes' comment concerning his property, Engineer Hoffman
said the proposed project was in response to the request of the petitioners.
Adding to the project would not measurably bring the cost down.
Member Rice introduced the following resolution and moved its adoption:
81519 1 159 RESOLUTION ORDERING CURB AND GUTTER IMPRO- NO. B-92
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published and mailed to
owners of each parcel within the area proposed to be assessed on the following
proposed improvement:
and at the hearing held at the time and place specified in said notice, the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts, does hereby determine to proceed with the
construction of said improvement including all proceedings which may be necessary
in eminent domain for the acquisition of necessary easements and rights for
construction and maintenance of such improvement; that said improvement is hereby
designated and shall be referred to in all subsequent proceedings as CONCRETE
CURE AND GUTTER NO. B-92, and the area to be specially assessed Lots 1 thru 5,
Block 1, and Lots 1 thru 5, Block 2, Birchcrest Addition.
Motion for adoption of the resolution was seconded by Member Smith.
CONCBETE CURB AND GUTTER IMPROVEMENT NO. B-92
Member Smith offered an amendment to the motion to allow Hr. Bjornnes the option
of extending the curb and gutter along the sideyard on his property at 6016
Birchcrest at the standard rate of assessment for sideyards.
Motion to amend failed for lack of second.
rollcall vote on the main motion.
Mayor Richards then called for
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted..'
PUBLIC HEARING ON PRELIMINARY PLAT APPROVAL FOR TBE JYLAND WHITNEY ADDITION
CONTINUED TO 8/19/91 Mayor Richards recalled that on July 1, 1991, the Council
continued the preliminary plat hearing for the Jyland Whitney Addition so that a
four lot subdivision proposal could be submitted and to insure a full Council for
action on the proposal.
Presentation bv Planner
Associate Planner Kris Aaker stated that the subject property is located at 7000
Valley View Road (Lot 2, Block 1, Muir Woods). The original proposal consisted
of five lots and an outlot, all to be accessed by a public street connecting with
Valley View Road. The applicant has submitted two alternative four lot
subdivisions.
part of the five lot plat and would instead service the home sites with private
drives.
Both four lot plats would eliminate the public street which is
Four Lot Alternate A: 1) Would eliminate Lot 28, 2) Would replace the public
street with a private drive, 3) Lot 22 would be landlocked, would have no
frontage on a public street and access would be by private easement.
alternate would not allow access to the Peper property from Valley View Road.
This
Four Lot Alternate B: 1) Would provide public street frontage for all four lots,
2) Would require a lot width variance for Lot 22 because the lot would be less
than the median lot width of 110 feet at a point 50 feet back from the street.
This alternate would not allow access to the Peper property from Valley View
Road.
Planner Aaker noted that Dr. Martin Peper had submitted a letter opposing four
lot subdivision solutions. The developers continue to request approval of the
their request is a development agreement addressing access to the Peper property,
street grade, retaining walls and tree removal. This document is the same as
presented at the July 1, 1991 hearing.
approval subject to: 1) A development agreement, 2) Implementation of a
conservation easement, 3) Developer's agreement for public improvements, 4) Final
--- five lot subdivision with an 8% street grade. Part of staff recommendation for
Staff would recommend preliminary plat
160 8/5/91
plat approval, and 5) Subdivision dedication and utility connection charges.
Presentation bv DeveloDers
James Van Valkenburg, attorney for the developers, commented that the Community
Development and Planning Commission have recommended the five lot subdivision and
staff still recommends the five lot subdivision and has agreed with the 8% road
grade.
1) The plan as proposed will provide better drainage than currently exists, 2)
The conservation easement along Valley View Road will preserve the existing trees
and vegetation, and 3) The lots are substantial in size.
He gave the following reasons in support of the five lot subdivision:
Rick Carlson, Jyland Development, Inc., presented graphics illustrating the two
alternate four lot subdivisions and gave comparisons to the requested five lot
subdivision summarized as follows:
A.
B.
C.
D.
E.
F.
G.
Proposed Five
Lot Plat
Meets zoning ordinances:
30 foot public road frontage Yes
Minimum 75' width at 50' setback Yes
Meets guidelines/Ord 804:
Average lot size (Median 18,815) 30,239
Average lot width (Median 110) 188
Average lot depth (Median 152) 181
Variances required: None
(1) No public road frdntage (Lot 4)
(2) Access to 4 homes/private drive
Planning Commission recommendation:
Five lot subdivision Yes
8% street grade no
Staff recommendation:
Five lot subdivision Yes
Public Works acceptance/8% grade Yes
Public concerns:
Valley View conservation easement Yes
Number of entrances to Valley View one
Future access to Peper property Yes
Developer concerns:
Meets ordinance/zoning requirements yes
Public roads Yes
Neighborhood association
for street maintenance no
Marketable on today's market Yes
Four Lot Four Lot
Alternate A Alternate B
variance (1) Yes
variance (1) Yes
48 , 290 48,290
282 236
244 276
variance (1)
variance (2) variance (2)
Yes
one
no
no
no
Yes
no
Yes one
no
no
no
Yes
no
Nancy Peyton, 7000 Valley View Road, stated that when they bought their property
ten years ago it was for the land, not the house.
summer home, with no basement, attic, insulation and little storage. Two
builders said it would cost as much to add on and update the house than to tear
it down and start over. She pointed out that taxes went up 73% last year, have
gone up 500% in ten years and they do not want to pay those kind of taxes on a
lot with inadequate housing. They have two options, sell and move elsewhere, or
subdivide and build a new home that would meet their needs.
they are committed to' staying in the neighborhood, are concerned about the
proposed development and want to keep as many trees as possible.
Jyland Development because their plan maintained the trees, did not cut down the
for her children.
The house was built as a
Mrs. Peyton said
They chose
--hillmuch, improved the drainage and provided a play neighborhood and safe street
She asked the Council to approve the five lot subdivision.
Public Comment
Daniel Spiegel, 7104 Valley View Road, voiced concerns regarding the change in
character and symmetry of the neighborhood with the additional five homes and the
8/5/91 161
potential development of the Peper land, and safety issues related to the traffic
exiting from the subdivision onto Valley View Road.
Sam Wetterlin, 6609 Dakota Trail, said his main concern was the visibility of the
proposed development, particularly in terms of retaining walls and removal of
trees.
Mary Cary, 6909 Dakota Trail, speaking to the proposed Jyland-Whitney subdivision
and the Ratelle subdivision, said she is not opposed to development but this area
is very unique.
unique characteristics of the neighborhood.
She asked Council to control the development to best meet the
Council Comment
Mayor Richards then called for Council comment and/or action. Member Paulus said
that Council had asked to see a proposal for a four lot subdivision, but all
information provided has basically argued for a five lot subdivision and that a
four lot subdivision is not feasible because of economics. Further, the Indian
Hills area does not promote a neighborhood feeling or a safe place for children
to ride bikes.
Member Rice said he was supportive of the five lot subdivision.
was preposterous that a subdivision could ever be built that would be totally
obscured from view.
Also, he felt it
Member Rice made a mothn to grant preliminary plat approval for the Jyland
Whitney Addition as proposed for five lots with an 8% grade road for the public
road and subject to the conditions set out in the staff report. Motion was
seconded by Member Kelly.
Mayor Richards said he could not support the proposed subdivision for the reasons
he had given at the July 1, 1991 hearing. He submitted that there will be
continued pressure to subdivide large lots in the City and the Council needs to
consider what is best for the community and, more importantly, for the
neighborhood.
for a four lot subdivision as the Council had suggested.
Member Kelly said she concurred and, in looking at the Indian Hills area with at
least one acre lots, if the 4.4 acre parcel were developed with four lots it
would follow the existing development in the area.
He said he did not feel there had been a good faith effort made
.
Member Smith commented that he could not support the five lot subdivision with
the 8% road grade.
he said he did not understand why they had not presented a serious four lot
subdivision.
Although the proponents have the right to develop their lot,
Rick Carlson argued that under the ordinance six lots could be developed, but the
proposal was for five lots. He reiterated data he had previously presented in
support of the five lot subdivision and spoke to the marketability of the five
lot subdivision versus the four lot alternates.
consideration of the five lot subdivision as proposed.
He concluded by asking
Attorney Van Valkenburg suggested this matter be continued for two weeks to allow
the developers to better explain the four lot alternates. In response, Member
Rice withdrew the motion for preliminary plat approval; Member Kelly withdrew the
--. second.
Member Smith then made a motion to continue the hearing for preliminary plat
approval for the Jyland-Rhitney Addition to August 19, 1991. Motion was seconded
by Member Kelly.
162 8/5/91
Attorney Erickson advised the Council that action must be taken on a plat within
120 days or it is deemed approved. This period can be extended by action of the
developers.
the 120 day requirement and to extend the period to August 19, 1991.
Attorney Van Valkenburg and the proponent agreed verbally to waive
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
PaELMIHdaY PLAT APPROVAL GRANTED FOR R.ATEI;T;E HII;Ls ADDITION Affidavits of
Notice were presented, approved and ordered placed on file.
Presentation bv Planner
Associate Planner Kris Aaker stated that the subject property is located at 6621
'Mohawk Trail (Lot 5, Block 1, Indian Hills Addition) and is a through-lot with
frontage on Mohawk Trail and Dakota Trail.
containing approximately 4.1 acres.
new buildable lots.
the existing home; two additional lots are proposed to front on Dakota Trail.
All lots would conform to ordinance requirements with the exception of Lot 1,
which has the existing-home.
feet .
It is a developed single family lot
The proposed subdivision would create three
Two lots would front Mohawk Trail with one to be occupied by
This lot would require a lot width variance of nine
The proposal was heard by the Community Development and Planning Commission on
May 29 and June 16, 1991, and recommended preliminary plat approval with the
following changes and conditions:
1.
2.
3.
4.
Implementation af a conservation easement along
Elimination of one of the new lots along Dakota
Final Plat Approval.
Subdivision dedication and developers agreement
including utility connection charges.
Presentation for Proponent
Herman Ratelle, representing the proponents, stated that
the streetscapes.
Trail.
to extend sanitary sewer I the Ratelles intend to
remain residents of the neighborhood and want to maintain the character and
symmetry, consistent with good planning, He said staff initially recommended
approval of the four lot subdivision.
only one new lot fronting Dakota Trail.
meet all the requirements of the Zoning Ordinance.
concerning entrance and exit on Dakota Trail.
driveway at the north end of the plat could service the two lots, with a
conservation easement along Dakota Trail to shelter the driveway.
percent of the neighborhood property owners that were polled are in favor of the
subdivision or will not oppose it.
discussion regarding setbacks and, in particular, setbacks on Dakota Trail. He
noted that existing Dakota Trail homes have deeper setbacks than are proposed
with this development, but most are positioned in direct relationship to
Indianhead Lake.
The Planning Commission suggested there be
The two lots proposed on Dakota Trail
Safety issues were raised
To address those issues, a common
Thirty
Mr. Ratelle said there was considerable
Mike Gair, McCombs Frank Roos Associates, consultant for the proponents, spoke to
the issue of symmetry.
neighborhood are lot width of 168 feet, lot depth of 162 feet and lot area of
31,900 square feet.
He explained that the medians within the 500 foot
The Ratelle Hill Addition proposes the following:
Lot 1 Lot 2 Lot 3 Lot 4
Lot width *157 ft 172 ft 177 ft 181 ft
Lot area 68,838 37,597 34,180 38,600
--- Lot depth 345 ft 240 ft 174 ft 238 ft
All lots exceed the neighborhood medians except Lot 1 which would require a nine
foot lot width variance.
Concerning traffic safety, Mr. Gair pointed out that they have verified the fact
8/5/91 163 that both driveways on Dakota Trail would meet MNDOT requirements for 200 foot
sight distances at a speed of 30 mph.
In conclusion, Mr. Gair said the Ratelles intend to be involved in the
development of the property and it is to their interest that the property retain
its quality and character.
plat approva1,for the four lot subdivision as proposed.
He asked the Council to consider granting preliminary
Public Comment
Mayor Richards opened the hearing for public comment and noted that a letter had
been received from Hallie and Steven Richards, 6804 Dakota Trail, agreeing with
the Planning Commission recommendation that only one lot be developed on Dakota
Trail, that they support a conservation easement requirement and a process to
preserve the character and safety of the neighborhood.
Sam Wetterlin, 6609 Dakota Trail, pointed out that Mohawk Trail and Dakota Trail
are totally different areas because of the ridge and should be referenced
separately as to neighborhood median lot sizes.
one new lot on Dakota Trail.
He supported the proposal with
Virgil Hed, 6624 Iroquois Trail, observed that the proposed subdivision seemed
reasonable and generous to the neighborhood and that he would support it.
Esther Felsen, 6801 Dakota Trail, said her main concern is with traffic safety.
The area proposed for.*development is on a winding part of Dakota Trail.
winter it ices up and 30 mph is too fast under those conditions. She explained
that there are many young children in the area and she fears for their safety.
While subdivision will occur, she said she would like to see some control over
development so that the existing character of the neighborhood is maintained.
In
Daniel Spiegel, 7104 Valley View Road, asked for clarification of the Planning
Commission's recommendations. Mayor Richards said the recommendation was to
eliminate one lot on Dakota Trail. Further, that the Planning Commission is only
advisory to the Council who has the right to approve or deny any subdivision
proposal.
Peter Simon, 6612 Iroquois Trail, commented that the Council has the
responsibility to protect the rights of all the citizens.
has adopted codes, there are MNDOT requirements, and other regulations that
government bodies have built up.
is to compare what is being proposed against those standards established
previously.
requirements and should be approved.
To do that the City
The objective way of dealing with subdivision
He submitted that the proposed subdivision meets all the
Don Halla, 6601 Mohawk Trail, said he supported approval of the four lot
subdivision as proposed.
Paul Benn, 6613 Dakota Trail, said he was concerned about future development and
asked the Council to consider the long term plan for the entire area and its
affect on the neighborhood.
Council Comment/Action
Member Kelly asked about the driveway inclines for the proposed lots.
explained the following statistics:
Mr. Gair
McQuarrie driveway 12 - 13% grade
Tambornino driveway 15% grade
Ratelle driveway 9% grade
Proposed Lot 2 1.5 or 10.4% grade (depending on preference)
Proposed Lot 3 13.4% grade
Proposed Lot 4 10.9% grade
I-
164 8/5/91
Member Rice introduced the following resolution and moved adoption, subject to
1) Implementation of a consemation easement along the streetscapes, 2) Final
plat approval, and 3) Subdivision dedication and developers agreement to extend
sanitary sever, including utility connection charges:
RESOLUTION APPROVING PBELILlIHhaY PUT
FOR RATEXLE HILL ADDITION
BE IT BESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "EtATI3IJ.E HII;L ADDITIONw, platted by Dr. Alex Ratelle and
Patricia Ratelle, and presented at the regular meeting of the City Council of
August 5, 1991, be and is hereby granted preliminary plat approval.
Motion was seconded by Member Kelly.
Member Kelly commented that this is a difficult site to develop because of the
topography.
from that of Dakota Trail.
of the concern for visibility.
The character of the neighborhood on Mohawk Trail is very different
Safety also needs to be a major consideration because
Member Paulus submitted that eliminating one lot would not change the safety
issue. Anyone driving through that area must use caution, especially in the
wintertime. The grades of existing private driveways in the area are much more
severe than those in the proposed subdivision. Further, that approving four or
three lots for the subdivision will not affect future development in the Indian
Hills area.
Member Smith commented that he would support the Planning Commission's
recommendation for a three lot subdivision.
a difficult one but he would also support a three lot subdivision.
called for vote on the motion.
Rollcall :
Ayes: Kelly, Paulus, Rice
Nays : Smith, Richards
Resolution adopted.
Mayor Richards said the decision is
He then
P-Y FINAL PUT APPROVAL GRdpJTFlD FOR SEVER ADDITION
Presentation bv Planner
Associate Planner Aaker explained that the subject property is located at 6600
Normandale Road. At its meeting of July 15, 1991, the Council continued the
subject hearing until the proponents could provide a revised plat.
conditions for approval have not changed from those recommended by the Community
Development and Planning Commission.
The
Those recommendations were:
1)
2)
3) Final plat approval.
4)
Elimination of one of the proposed new lots.
Increase lot width to 100 feet for lot for existing dwelling.
Subdivision dedication and utility connection charges.
Approval of the modified subdivision would create two new lots.
contain 13,158 square feet, with a lot width of 97.5 feet and depth of 135 feet.
Lot 2 is the location of the existing two story home and would contain 41,135
square feet, with a lot width of 98.5 feet and depth of 210 feet. The revised
plat would not require any variances; however, Lot 2 would have a lot width of
approximately 1.5 feet less than the 100 feet the Planning Commission had
recommended. At its meeting of July 15, 1991, the Council had indicated that
this hearing could be both the first and second reading of the proposed plat if
-deemed appropriate. Preliminary and final plat approval is recommended, subject
to subdivision dedication and utility connection charges.
Member Rice lntroduced the following resolution and moved prel.rm-fnnrp and fa1
plat approval, subject to payment of subdivision dedication of $6,400.00 and
utility connection charges:
Lot 1 would
8/5/91 165 RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL
FOR SEVER ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "SEVER ADDITION", platted by Harry A. Sever and Frances M.
Sever, husband and wife, and First Bank National Association, and presented at
the regular meeting of the City Council of August 5, 1991, be and is hereby
granted preliminary and final plat approval.
Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*COMPREJENSIVE PIAN - IAND USE REVISIONS - TAX- INCREMENT DISTRICTS CONTINUED TO
8/19/91
continue the public hearing on the Comprehensive Plan - Land Use Revisions - Tax
Increment Districts to August 19, 1991.
Motion was made by Member Smith and was seconded by Member Kelly to
Motion carried on rollcall vote - five ayes.
CONCERN EXPRESSED REGARDING DEVEMPHENT OF PROPERTY AT 64TH STREET AND WOODDALE
the location of 64th Street and Wooddale Avenue for years, stating that there
were seven plus acres for sale. He said the sign has now been changed, stating a
builder's name with homes for sale.
taken and the public has shown an interest in the property.
updated on what is happening with the property.
understood that the property had recently been sold and has heard rumors that a
developer may be coming forward with a proposed development.
Merton Willette, 6333 Millers Lane, referred to signage that had been in
Further, he said soil samples have been
He asked to be
Associate Planner Aaker said she
*EEARING DATE OF 8/19/91 SET FOR PL"G
Smith and was seconded by Member Kelly setting August 19, 1991, as hearing date
for the following planning matters:
1. Preliminary Rezoning - R-2, Double Dwelling Unit District to R-1, Single
Dwelling Unit District - Lots 4 and 5, Block 1, Landmark Addition.
2. Final Development Plan - Building Expansion - Condura Tire - Tires Plus, 5400
France Avenue South.
Motion was made by Member
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR CONCRETE SIDEWALK IMPROVEMENT NOS. S-40. S-50. S-52. S-53. S-55
Motion was made by Member Smith and was seconded by Member Kelly for award of bid
for Sidewalk Improvement Nos. S-40 (Vernon Avenue, Ayreshire Boulevard to 330
feet east); S-50 (Valley Lane along south side from approximately 100' east of
centerline of Doron Lane easterly to So0 Line Railroad Tracks; Ridgeview Drive
along south and west side from So0 Line.Bailroad to West 66th Street; S-52 (W.
66th Street, adjacent to Southdale Medical Building); S-53 (Cornelia Drive (west
side) from Cornelia School to U. 72nd St; U. 72nd St (north side) from Cornelia
Drive to Oaklawn Avenue); s-55 (7417'Gleason Rd.) to recommended low bidder,
Victor Carlson & Sons, at $67,820.50.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ONE TRUCK PMW AND WING Motion was made by Member Smith and was
seconded by Member Kelly for award of bid for one truck plow and wing to
recommended low bidder, J-Kraft, Inc., at $7,188.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR BRAEMAR TEE OASIS
seconded by Member Kelly for award of bid for Braemar tee oasis to recommended
low bidder, Landscape Contractor's, at $8,779.00.
Motion carried on rollcall vote - five ayes.
Motion was made by Member Smith and was --
*BID AWARDED FOR PLAYGROUND EOUIP"T FOR 44TH STREET PARK Motion was made by
Member Smith and was seconded by Member Kelly for award of bid for playground
8/5/91 166
equipment for 44th Street Park, to recommended low bidder, Earl F. Anderson &
Associates, Inc., at $12,553.00
Motion carried on rollcall vote - five ayes. I SO= HENNEPIH REGIONAL PIAN”G OFFICE ORGBPJIZATIOHLLL PLAN ADOPTED Jeanne
South Hennepin Regional Planning Office for Human Services.
Region encompasses Richfield, Bloomington, Edina, and Eden Prairie. She reported
on the objectives and functions of the Regional Planning Office and explained the
components of the Plan: organizational structure, planning staff, role of the
city managers, role of the city councils, human service liaison committee, local
human semice advisory group, regional citizen advisory board, and provider
resource pool.
the 1992 budget projections. Following discussion, Member Smith stated that the
Plan comes with a recommendation for approval by Manager Rosland and the Human
Relations Commission, who have reviewed the proposed Plan.
. Massey, Senior Planner, presented the Organizational Plan dated May, 1991 for
The South Hennepin
Ms. Massey also reviewed the annual planning process and spoke to
Member Smith made a motion to approve and authorize implementation of the South
Hennepin Regional Planning Office Organizational Plan dated MAY, 1991, as
presented and on file in the office of the Citp. Clerk.
Member Kelly.
Motion was seconded by
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
HEZWEPIpJ COUNTY RECYCLR?(2 FURDING TASK FORCE SUMMARY GIVEN
Recycling Coordinator, reported that the Hennepin County Recycling Funding Task
Force was charged with the responsibility of meeting during July and coming to
the County Board with a recommendation for a five year funding plan. This was
impossible in the time span provided.
1.
2.
3.
Janet Chandler,
I The Task Force did vote to:
Eliminate from further consideration Option 3, a recycling system operated
entirely by the County.
Adopt Option lA as the policy for 1992, eliminating the administration cap.
In effect, this continues the present policy.
Continue the present Task Force meetings for three months; bring a
recommendation for a five year plan to the County Board in November.
These recommendations will be before the Hennepin County Board, Public Service
Committee on August 15 and, if approved, to the full Board on August 20.
Member Kelly asked Council to consider an every other week pick-up for recycling
in Edina and questioned whether it is cost effective to have recyclables picked
up at the garage.
handles recycling as they use the same haulers used by Edina.
In addition, she asked for information on how Eden Prairie
APPOINTMENT MADE TO COMMUNITY SERVICES BOARD Member Smith made a motion for
consent of the Mayor’s appointment of Jan Homberger to the Community Services
Board, as a member at large City appointee for a partial term through 6/30/92.
Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
CABLE RELIEF EXTENSION REOUEST PRESEBI!ED: RESOUPTION ADOPTED FOR MODIFICATIONS TO
RELIEF A-
the cable television franchises by a relief agreement, terms of which will expire
on March 1, 1992. On September 1, 19912, Paragon Cable requested extension of the
modifications through the end of the franchise term, December 31, 1999. From
January to June, 1991, the SWSCC conducted in-depth research of the issues
involved. Upon completion of its study, the Commission decided to recommend that
Manager Rosland explained that in 1985 the Southwest Suburban
--Cable Commission (SWSSC) and its member cities approved certain modifications to
8/5/91 167 the member cities approve the request of Paragon Cable. The Commission intends
to hold a public hearing in which mayors and councilmembers of each member city
and other interested groups will participate to review the recommended
modifications to the Franchise Ordinances, summarized as follows:
1) Franchise Fee - The full 5% franchise fee would be paid to the Cities
2)
beginning August 1, 1992.
Local Programming Funding - The current formula for local programming funding
(1% match between the cities and the cable company) would remain in effect
until July 31, 1992. Some additional modifications would take place.
3) Local Programming Services - Paragon Cable would continue to meet the service
levels described in the Performance and Facilities contracts now in force.
4) Continued Cooperation - It is intended that coordination and cooperation with
Paragon Cable would continue.
Member Rice commented that he has been very irritated by the type of basic
service provided by the cable company and asked what control the cities have.
Manager Rosland said the cities do have some authority over the cable company in
certain areas.
much is a cooperative event rather than a regulated event.
on the ramifications of extending the relief agreement, on the cable industry in
general, deregulation and cable's future.
They have no control over the setting of rates or programming;
Discussion followed
Member Smith, SWSCC member, stated he strongly supports the recommendation of the
Commission who he felt' has done a good job in researching and negotiation of the
issues.
Member Smith introduced the following resolution and moved adoption:
RESOLUTION FOR PARAGON CABLE'S REQUEST FOR EXTENSION OF
CABLE FRANCHISE RELIEF AGREEBENT THROUGJ3 DECEMBER 31, 1999
WHEREAS, Paragon Cable requested that the City Council extend deferral of certain
original franchise commitments through the end of the franchise term, which is
December 31, 1991; and
WHEREAS, the Southwest Cable Communications Commission has conducted in-depth
research regarding Paragon Cable's request to extend relief from obligations of
the franchise agreement; and
WHEREAS, the Edina City Council understands that the Commission intends to
develop a joint public hearing in vhich the Mayors and Council Members of the
Commission's member cities and other interested groups, including the schools,
will be invited to participate together with the Commission in review of the
final recommended modifications to the Franchise Ordinances;
NOW, THEREFORE, BE IT RESOLVED, that the Edina City Council agrees that
modifications be made to the requirements currently contained in the Relief
Agreement with Paragon Cable as negotiated and proposed by the Southwest Suburban
Cable Commission.
Member Kelly seconded the motion,
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
REPORT GIVEN ON POTENTIAL ACQUISITION OF NORMANDALE GOLF COURSE
explained that he would like approval of the following procedure that would lead
towards the potential purchase of Normandale Golf Course:
Manager Rosland
1)
2)
He would meet with the Park Board on August 13, 1991, to present a report on
the possible purchase of Normandale Golf Course.
He recommended meeting with neighborhood citizens along with the three member
committee consisting of Jack Rice, Bill Lord, and Dave Byron. The purpose of
the meeting would be to present the proposed project to the neighborhood.
Opus Corporation would present their request for lot division of the property
at the September 4, 1991, Planning Commission Meeting, which he would attend.
3)
8/5/91 .. 168
4) All recommendations would be brought to the Council for final approval.
If approved, closing on the property could be the first of October.
I Discussion followed on how to proceed, the committee composition who would
present to the neighborhood, related demographics, and potential off-season use
of the property if acquired. It was the consensus of the Council to proceed as
outlined and that the Mayor would assume responsibility for the committee.
*RESOLUTION ADOPTED REGARDING C0HM"ITY EIQERGY SERVICES Motion vas made by
Member Smith and was seconded by Member Kelly for adoption of the folloving
resolution:
RESOLTITION ENDORSING NORTHERN SWTES PO-, HIXNEGASCO,
AND DESIGNA= COMMUNITY BASED ORGANIZATIONS' EETORTS TO
PROVIDE COHMJNITY ENERGY SERVICES TO THE RESIDENTS OF EDINA.
WHEREAS, rising energy costs are a major expense for lor and moderate income
families vho either own or rent their homes; and
VHEBEbS, residential energy consemation helps preserve the environment and the
quality of life in our community; and
WHEREAS, the City Council wants to help its residents contain or reduce their
energy costs through energy conservation improvements to their homes; and
VHEBEbS, Hinnegasco, a division of Arkla, Inc., and Northern States Power Company
("NSP") have been directed by Minnesota lavto implement residential energy
conservation projects; and
WEEBEAS, both klinnegasco and NSP are interested in working with the City and
designated community basgd organizations in promoting residential energy
conservation; and
VHEBEbS, the Center for Energy and the Urban Environment ("CEUE"), Vest Henneph
Human Services Planning Board ("UEKSPBw), the Self Reliance Center and Natural
Resources Center have over 25 years of experience in providing residential
conservation energy services.
NOU, THEBEPOBE, BE IT RESOLVED, by the City Council of the City of Edina as
f ollows :
1.
I
The City of Edina endorses the concept of the Community Energy Service
("CES") and Home Energy Checkup ("HEC") programs sponsored by NSP,
Hinnegasco, CEUE, VHHSPB, the Self Reliance Center, and Natural Resources
Center.
The City will assist in promoting CES and HEC through advertising,
mailings, or other direct communications as deemed appropriate by the City
and as City resources and budget allow. In any advertising, mailing, or
other direct comrmmications about CES and/or HEC, the City will disclose
that the project is sponsored by Hinnegasco and/or NSP and that Minnegasco
and/or NSP ratepayers are funding the project.
If the City receives inquiries concerning CES and/or HEC, the City will
refer the caller to CEUE as specified in the marketing materials.-
2.
3. w $*
ATTEST :
Clerk
Resolution adopted on rollcall vote - five ayes.
Mayor I
--WR"TAL S!CREET LIGHTING IMPROVEMINI! NO. L-35 AUTHOBIZED Motion vas made by
Member Smith and was seconded by Member Kelly for adoption of the folloving
resolution:
RESOLUTION FOB STRET TZGETING IHeROVEMEW NO. L-35
UPON 100% PETITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
5/5/91 169
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct an ornamental street lighting improvement between 5017
and 5021Antrim Road, and to assess the entire cost against the property of
petitioners, and that said petition has been signed by all owners of real
property where said improvement is to be located.
2. The making of said improvement in accordance with said petition is hereby
ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of
1961, Chapter 525, Section 2). Said improvement is hereby designated and shall
be referred to in all subsequent proceedings as 0R"TAL STREET LIGHTING
IHPROVEMEN!C NO. L-35. The entire cost of said improvement is hereby ordered to
be assessed against the properties of petitioners where said improvement is to be
located.
Motion carried on rollcall vote, five ayes.
REOUEST APPROVED TO TEMPORARILY CLOSE 50TH STREET BETWEEN HALIFAX AND FRANCE ON
9/21/91 Karen Knudsen, Executive Director of the 50th & France Business & .
Professional Association, requested approval to temporarily close West 50th
Street between Halifax/France Avenues from 9:00 A.M. to 11:OO A.M. on Saturday,
September 21, 1991. This would enable the Association to safely schedule grand
re-opening events in conjunction with their "Come Home to 50th & France"
celebration of the area's renovation.
Mayor Richards asked for recommendation from the Police Department.
Kleven said this temporary closing of 50th Street would compare with the Edina
Art Fair weekend closihg and would enhance public safety in the area.
Deputy Chief
Member Smith made a motion to approve the temporary closing of 50th Street
between Halifax and France Avenue South from 9:00 A.M. to 11:OO A.M. on Saturday,
September 21, 1991. Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
PARK BOARD WILT.. HAVE OCTOBER VACANCY
there will be a Park Board vacancy in October.
potential appointment but asked the Council Members to submit other names of
prospective board members by the first meeting in September.
Mayor Richards informed the Council that
He said he has one name for
*PETITION FOR STREET LIGHT (BETWEEN 5917 AND 5921 ABBOTT AV. So.) REFERRED TO
ENGINEERING DEPARTMENT Motion was made by Member Smith and vas seconded by
Member Kelly to refer the petition for a street light in the alley between 5917
and 5921 Abbott Avenue South to the Engineering Department for processing.
Motion carried on rollcall vote, five ayes.
0aDI"CE CODIFICATION SESSIONS DISCUSSED
previously set for discussion of ordinance codification presented conflicts.
Council Members were asked to check personal calendars for October and November,
so that the re-scheduled dates could be confirmed at the August 19, 1991,
meeting.
Manager Rosland advised that the dates
DATE/TIME SET FOR 1992 BUDGET ASSUMPTIONS MEETING Manager Rosland requested that
the Council meet at 5:OO P.M. on August 19, 1991, to review budget assumptions
for 1992. He advised that the Council must adopt and certify a proposed 1992
Budget representing the maximum levy to Hennepin County by September 1, 1991.
*Cm PAID
approve payment of the following claims as shown in detail on the Check Register
dated August 5, 1991, and consisting of 40 pages: General Fund $461,019.14,
Communications $1,135.73, Art Center $10,612.81, Capital Fund $19,102.96,
Swimming Pool Fund $6,017.99, Golf Course Fund $43,964.17, Recreation Center Fund
$10,928.32, Gun Range Fund $349.48, Edinborough Park $48,422.53, Utility Fund
--. Motion vas made by Member Smith and vas seconded by Member Kelly to
8/5/91 .. 170
$69,159.24, Storm Sewer Utili- $4,773.34, Liquor Dispensary Fund $10,425.71,
Construction Fund $4,964.25, Total $690,875.67; and for confirmation of payment
of the follaving claims as shown in detail on the Check Register dated 6/30/91
and consisting of 15 pages: General Fund $158,184.79, Communications $2,469.96,
Art Center $349.01, Swimming Pool Fund $648.52, Golf Course Fund $16,573.99,
Recreation Center Fund $158.58, Gun Range Ftmd $248.74, Edinborough Park
$7,054.78, Utility Fund $1,378.40, Liquor Dispensary Fund $289,974.01, Total
$477,040.78.
.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 10:55 P.M.
City Clerk