HomeMy WebLinkAbout19920218_regularlam.REs
OF THE REGUIAR LIEETIHG OF THE
EDIlU CITY COUNCIL HEIS AT CITY HALT,
FEBRUARY 18, 1992 I R0L.LCAJ.L Answering rollcall were Members Paulus, Rice, Smith and Mayor Pro-Tem
Kelly.
RESOLUTIONS OF CONDOLENCE ADO= - DORIS PARKER AND BRUCE GATES
Kelly presented the following resolutions of condolence vhich were unanimously
adopted :
WHlBEAS, the life of Doris Parker ended on January 30, 1992, after months of
illness; and
WJlEUAS, Doris Parker began employment at the City of Edina in 1955 as Secretary
of the Finance Department and contiwed full-time for 20 years; and
WKEREAS, as Finance Secretary she was responsible for typing the City's budget in
its entirety, which she did for 25 years; and
WHEREAS, after her retirement, Doris vas always willing to help the City on a
part-time basis--not only with budget preparation, but wherever needed within
other departments ; and
WHEREAS, she was very active in her church and community, and she touched many
people in a caring, sensitive and gentle way.
NOW, THEBEPORE, BE IT RESOLVED that the Edina City Council hereby extends its
heartfelt sympathy to the children of Doris Parker and their families;
BE IT FURTHER RESOLVED that this Resolution be entered in the Mbute Book of the
Edina City Council and that a copy be presented to her family.
ADOPTED this 18th day of February, 1992.
Mayor Pro-Tem
BESOLUTION OF CO~~CE
RFSOLUTION OF CONDOIZNCE
WHERlW3, the life of Bruce Gates ended suddenly on February 13, 1992; and
WHEREAS, Bruce Gates began his employment with the City of Edina in November,
1986, as a Firefighter/Paramedic; and
m, during his five year career he performed all duties in an exemplary
manner and was a valued employee of the Edina Fire Department; and
WHElWS, he was a trustworthy, energetic and outgoing employee with a genuine
love for people and his death is viewed as a great loss;
NOW, THEBEFORE, BE IT RESOLVED that the Edina City Council hereby extends its
heartfelt sympathy to his family;
BE IT FURTHER RESOLVED that this Resolution be entered in the Mimttes Book of the
Edina City Council and that a copy be presented to his family.
ADOPTED this 18th day of February, 1992.
Accepting the resolution of condolence for Bruce Gates was Fire Chief Paulfranz.
He expressed gratitude for the gesture and will present it to the family.
CONSENT AGENDA ITEMS APPROVED Motion vas made by Member Rice and was seconded by
Member Smith to approve and adopt the Council Consent Agenda items as presented.
Rollcall :
Ayes: Paulus, Rice, Smith, Mayor Pro-Tem Kelly.
Motion carried.
*KCNUTJ3S OF REGULAR MEETIITG OF FEBRUARY 3. 1992. APPROVED Motion was made by
Member Rice and was seconded by Member !hith to approve the Council minutes of
the regular meeting of February 3, 1992.
Motion carried on rollcall vote - four ayes.
SCHEDULED FOR 03/16/92
2/18/92
Presentation bv Planner
Planner Larsen explained that Ordinance No. 812-A3, regulating television and
radio antennas and towers, contains language approved by the Council at' its
January 18, 1992 work session. Since the ordinance is being considered prior to
adoption of the recodified City code, it must be adopted as an amendment to
Ordinance No. 812. Staff would recommend adoption of the amendment with waiver
of second reading. If adopted, staff would also recommend that the moratorium on
construction of antennas and towers (Ordinance No. 114) adopted in March, 1991be
repealed.
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Staff would then issue permits based on the amended ordinance.
Correspondence has been received from people in the business and users of
antennas in the community: Adrian E. Herbst, Moss & Barnett; Raymond Voss, 5716
Benton Avenue; and the American Radio Relay League, Inc., 225 Main Street,
Newington, CT. For the most part, the FAA limitations on antenna or tower height
in relationship to airport location referred to by Mr. Herbst would not apply in
the City.
Planner Larsen directed Council's attention to a FCC Memorandum Opinion and Order
adopted September 16, 1985, specifically paragraph 23, where the FCC states their
approach to local controls over antenna communication installations, i.e.
"Preemption is primarily a function of the extent of the conflict between federal
and state and local regulation.
policies can tolerate a state regulation, we may consider such factors as the
severity of the conflict and the reasons underlying the state's regulations." . . . "we do not wish to preclude a state or locality from exercising
jurisdiction over certain elements of an SMATV operation that properly may fall
within its authority, such as zoning or public safety and health, provided the
regulation in question is not undertaken as a pretext for the actual purpose of
frustrating achievement of the preeminent federal objective and so long as the
non-federal regulation is applied in a nondiscriminatory manner."
Thus, in considering whether our regulations or
Planner Larsen then pointed out and explained the highlights of the proposed
Ordinance No. 812-A3 as follows:
Permit Exemptions: Residential and All Other ZoninF Districts:
1. Dishes - not greater than nine square feet in cross-section area, or which
do not exceed six feet in height as measured from ground or point which the
antenna is mounted to the roof to the highest point of the antenna.
(Current ordinance standards: No greater than 30 inches in diameter or five
square feet in cross section area.)
All Other Towers or Antennas - not exceeding six feet in height as measured
from ground or point which the antenna is mounted to the roof to the
highest point of the antenna.
City Antennas - antennas or towers erected by the City for City purposes.
(Exempt antennas may be ground or roof mounted and may be located in the
front, rear, or side yards of a property. No more than one exempt antenna
at any one time on any single lot.)
2.
3.
R-1 and R-2 Districts - Antennas and Towers:
operations)
(Includes ham/amateur radio
1. Ground mounted towers or antennas not to exceed 50 feet in height measured
from the ground elevation at the base to the highest point of the tower or
antenna.
Towers and antennas mounted or attached to a building shall not extend more
than 15 feet above the highest point of the roof.
No antenna or tower shall be located in the front yard.
of a principal building on any adjacent lot than it is to the principal
2.
(Current ordinance standards: 25 feet.)
3.
4. No antenna or tower shall be located closer to the allowed buildable area
2/18/92
No. 812 - Radio Antennas and Towers, to the regular Council meeting of March 16,
1992. Member Smith seconded the motion.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
Mayor Pro-Tem Kelly asked staff and the City Attorney to take into consideration
Member Paulus's concern regarding impact of commercial area antenna on adjacent
residential neighborhoods and Member Smith's concern regarding imposing
conditions for a building height variance.
ORDINANCE NO. 114-A2 ADOPTED: ANTENNA MORATORIUM KXTEJNDED FOR SIX MONTHS
Assistant Manager Hughes reminded the Council that the moratorium on permits for
antennas runs through March 4, 1992. Since the Council continued all types of
the issue of
Antennas and
Member Smith
as follows:
amending Ordinance No. 812 - Regulating Television and Radio
Towers to March 16, 1992, the moratorium should be extended.
moved adoption of Ordinance KO. 114-A2 vith waiver of Second Reading
ORDINANCE KO. 114-A2
AN ORDINANCE AMENDING ORDINANCE NO. 114
M EXTEND THE M0RA"ORIUM ON
ISSUANCE OF PERMITS FOR EBECTIOK OB CONSTRUCTION OF
TOWERS, ANTENWS, AND DISH A"KS
THE CITY COUNCIL OF THE CITY OF EDIHLL, I!UNIUSOTA, ORDAINS: '
Section 1. Sec. 2 of Ordinance KO. 114 is amended to read as follows:
"Sec. 2. Moratorium. From the effective date of this ordinance to
September 5, 1992, subject to earlier termination or extension by the Edina
City Council, the Edina City Council, the Edina Community Development and
Planning Commission, the. Building Official, the Board of Appeals and
Adjustments, the Board of Appeals, and the Edina City staff shall not grant
any permits, or accept any applications or requests for any permits, for
the construction, erection or relocation of any tower, antenna, or such
antenna as defined in Ordinance KO. 812 of the City."
Sec. 2.
and publication.
This ordinance shall be in full force and effect upon its passage
ATTEST:
City Clerk
Motion was seconded by Member Smith.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Ordinance adopted.
FINAL REZONING R-1 TO PRD-2 GRANTED: FINAL PIAT APPROVED FOR PARKWOOD KROLIS 23RD
ADDITION
file .
Presentation bv Planner
Planner Larsen recalled that preliminary rezoning and preliminary plat was
approved by the Council in September, 1991. The proponent has returned with
final development plans in support of his request for final rezoning and final
plat approval. Plans submitted include a final plat, site plan, landscaping
plan, grading, utility plans and unit plans. The final development plans are
Affidavits of Notice were presented, approved and ordered placed on
30 2/ 18/92
essentially the same as those presented for preliminary approval.
adjustments have been made to the 11 individual lots within the plat.
typical lot width will be about 79 feet.
most northerly lot, would maintain a zero lot line from the northerly lot line
and have no windows on the north elevation thus creating yard space primarily to
the sideyard,
The proposed final plans conform to all requirements of the PRD-2 District.
PRD-2 District accommodates the zero lot line concept since it only addresses
setback along the perimeter of the development.
Minor
The
All the lots, with the exception of the
I
The
Two different unit plans have been submitted.
size units with slightly varied floor plans.
landscaping will be used to tie the development together.
or exceed ordinance requirements with large coniferous trees along the westerly
property line as a buffer and deciduous trees along the boulevard area.
They are approximately the same
The exterior materials, roofing and
Landscaping plans meet
Because public improvements are involved, a developers agreement will secure that
they are provided according to City specifications.
agreement is an overall storm water management plan for all of the vacant 50
acres of Parkwood Knolls.
Engineer and the developers agreement for this project is complete and has been
executed.
Another element of the
The storm water plan has been reviewed by the City
Staff would recommend final rezoning and final plat approval.
Council Comment/Action
Member Rice recalled a floating deed for park land related to the subject
property.
about 1978.
Member Paulus noted that the Planning Commission minutes indicated several
comments on massing or the potential for overbuilding on the lots.
that the Council had tried to define "massing" and said the record should show
this is not an issue for this development as these are individual properties that
are going to be controlled.
Harvey Hansen, proponent, stated that the matter was taken care of in
I She recalled
No further comment or public comment was heard.
Member Smith introduced Ordinance No. 825-A44 for Second Beading and moved
adoption as follows:
ORDINANCE NO. 825-A44
AN ORDINiWCE AMENDING THE ZOlffiAG ORDINANCE (NO. 825)
BY ADDING TO THE PLARNED RESIDENCE DISTRICT (PRD-2)
TBE CITY COUHCIL OF THE CITY OF EIIIHCL, MHREsm, ORDAINS:
Section 1.
the following thereto:
"The extent of the Planned Residence District (Sub-District PRD-2) is
enlarged by the addition of the following propew:
Section 6 of Ordinance No. 825 of the City is amended by adding
Outlot B, Parhod Knolls 20th Addition, Edina, Minnesota
That part of Outlot C, Parkmod Knolls 20th Addition that lies southerly
of a line which bears North 61 degrees 47 rirmtes 31 seconds East from the
Northeast corner of Outlot B, Interlachen Hills 3rd Addition, Edina,
Mhnesota Harpey Lane (to be vacated) westerly of the vesterly right of way
line of Malibu Drive, Parkwood Knolls 20th Addition, Edina, Minnesota."
Sec. 2. This ordbance shall be in full force and effect upon its passage
and publication.
ATTEST:
2/18/92 31
Motion was seconded by Member Rice.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Ordinance adopted.
Member Smith introduced the following resolution and maved its approval as
f ollows :
RESOLUTION APPROVING FINAL PUT
FOR PARKWOOD KNOLTS 23RD ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "PARKWOOD KNOLIS 23RD ADDITION", platted by Parksrood Knolls
Construction Company, a Minnesota corporation, and presented at the regular
meeting of the City Council of February 18, 1992, be and is hereby granted final
Motion was seconded by Member Rice.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Resolution adopted.
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- plat approval.
ORDINANCE GRANTING REZONING AND LOT DIVISION APPROVED - R-2 To R-7 INDIAN HILIS
3RD ADDITION. LOTS 3 AND 4. WITH WAIVER OF SECOND READING
Presentation bv Planner
Planner Larsen presented the request for rezoning and lot division for Lots 3 and
4, Block 1, Indians Hills 3rd Addition.
platted to include the pond and a small area of dry land south of the pond.
Lot 4 is a developed R-2 lot.
the vacant Lot 3 to the developed R-2 Lot 4. Following the division, the vacant
lot would be reduced from 110 feet to 95 feet in width and would conform to
Zoning Ordinance requirements. However, the transfer would create a non-
conforming zoning for the transferred property.
rezoned to R-2, Double Dwelling Unit District.
the rezoning and lot division.
Lot 3 is a vacant R-1 lot and was
The request is to transfer the westerly 15 feet of
The strip of land should be
Staff would recommend approval of
The Planning Commission heard the request on January 29, 1992, and has
recommended a modification of the proposed lot division.
leave the pond area and area south of the pond as part of Lot 3.
acquire the 15 foot strip of land north of the pond.
rezoning could be.viewed as a technical correction to insure consistency of
zoning of each parcel.
The modification would
Lot 4 would
Mr. Larsen added that the
Member Rice introduced Ordinance No. 825-A45 and moved adoption with waiver of
Second Reading as follows:
ORDINANCE NO. 825-A45
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY ADDXNG TO THE DOUBLE DWELTJNG UNIT DISTRICT (a-2)
THE CITY COUNCIL OF THE CITY OF EDR?A, MINNESOTA, ORDAIJB:
Section 1.
the following thereto:
"The extent of the Double Dwelling Unit District (Sub-District R-2) is
enlarged by the addition of the following property:
That part of the northwest 15.00 feet of Lot 3, as measured at right angles
to the northwest line thereof, which lies northeast of the southeasterly
extension of the southwest line of Ut 4, Block 1, INDIAN HIUS 3RD
ADDITION, according to the recorded plat thereof, Hemepin County,
Minnesota.
Section 6 of Ordinance No. 825 of the City is amended by adding
Sec. 2.
and publication.
This ordinance shall be in full force and effect upon its passage
32 2/13/92
ATTEST:
City ,Clerk
Motion was seconded by Member Paulus.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly'
Ordinance adopted .
Member Rice then moved adoption of the following resolution:
TJHEBEBS, the following described tracts of land constitute various separate
parcels :
RESOLUTIO~
-
Lot 3, Block 1, INDIAN HIIU 3RD ADDITION and
That part of Lot 4, Block 1, IHDIAN BILIS 3RD ADDITION, according to the
recorded plat thereof, Hennepb County, Minnesota, lybg southeasterly of a
line dram fram a point on the northeasterly line of said Lot 4, distant
56.47 feet southeasterly of the northwest corner thereof, as measured along
said northeasterly line, to a point on the southwesterly line of said Lot
4, distant 56.04 feet southeasterly of the southwest corner thereof and
there terminating.
WHEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following descrzbed new and separate parcels (herein called "Parcels") :
Lot 3, EXCEPT that part of the northwest 15.00 feet, as measured at right
angles to the northwest line thereof, which lies northeast of the
southeasterly extension of the southwest line of-Lot 4, Block 1, IHDIBPJ
HILTS 3RD ADDITION, according to the recorded plat thereof, Hennepin
County, Minnesota, and
Lot 4, Block 1, INDIBN HII;Ls 3RD ADDITIOH, according to the recorded plat
thereof, Hexmepin County, Minnesota, lying southeasterly of a line drawn
from a point on the northeasterly line of said Lot 4, distant 56.47 feet
southeasterly of the northwest corner thereof, as measured along said
northeasterly line, to a point on the southwesterly line of said Lot 4,
distant 56.04 feet southeasterly of the southwest corner thereof and there
terminating.
AND that part of the northwest 15.00 feet of Lot 3, as measured+at right
angles to the northwest line thereof, which lies northeast of the
Southeasterly extension of the southvest line of Lot 4, Block 1, ~~
County, Minnesota.
.HTT.ffi 3RD ADDITION, according to the recorded plat thereof, Hennepin
VHEBEBS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create m unnecessary hardship and said
Parcels as separate tracts of land do not interfere vith the purposes of the
Subdivision and Zoning Regulations as contained in the Ciw of Edina Ordbance
Nos. 804 and 825;
NOW, TEEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance No. 804 and
Ordinance No. 825 are hereby waived to allow said division and conveyance thereof
as separate tracts of land but are not waived for any other purpose or as to any
other provision thereof, and subject, however, to the provision that no further
subdivision be made of said Parcels uuless made in compliance vith the pertinent
ordinances of the City of Edina or vith the prior approval of this Council as may
be provided for by those ordinances.
Motion was seconded by Member Paulus.
Rollcall:
Ayes: Paulus, Rice, Smith, Kelly
I
2/18/92
Resolution adopted.
33 --
*HEARING DATE OF 3/2/92 SET FOR PLANNING HA- Motion was made by Member Rice
and was seconded by Member Smith setting ?larch 2, 1992, for the following
Planning matter:
1. Review of Temporary Conditional Use Permit for Home Occupation - 7121
Glouchester Avenue.
Motion carried on rollcall vote - four ayes.
\ I
BID AWARDED FOR SEWER JET
sewer jet machine is used to clean sewers and is the first piece of equipment
used on emergencies for sewer back-ups.
mounted sewer jet, Unit No. 70-366.
from specifications in several areas.
bidder.
Engineer Hoffman explained that the truck mounted
The unit will replace a 1978 truck
The low bid from Higgins Municipal deviated
Staff would recommend award to second low
Member Smith made a motion for award of bid for a truck mounted sewer jet machine
to recommended second low bidder, Flexible Pipe Tool Company, in the amount of
$77,986.00. Member Rice seconded the motion.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
*BID AWARDED FOR PUBLIC WORKS BUILDING LIGHTING
and was seconded by Member Smith for award of bid for new lighting for the Public
Works building to recommended lou bidder, United Electric, at $7,296.00.
Motion was made by Member Rice
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR ROTARY MOWER Motion was made by Member Rice and was seconded by
Member Smith for award of bid for a rotary mower to recommended low bidder, North
Star Turf, at $8,475.00. I Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR TURF SWEEPER Motion vas rade by Member Rice and was seconded by
Member Smith for award of bid for a turf sweeper for park maintenance to
recommended low bidder, North Star Turf, Inc., at $9,980.00.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR GASOLINE FOR BRAEMAR GOLF COURSE Motion was made by Member Rice
and was seconded by Member Smith for award of bid for gasoline for Braemar Golf
Course to Rollins Oil Company at $13,000.00 through Hennepin County Contract.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR FERTILIZER FOR BRAEMAR GOLF COURSE Motion was made by Member
Rice and was seconded by Member Smith for award of bid for fertilizer at Braemar
Golf Course to recommended low bidder, Precision Turf, at $6,660.00.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR 3-mG HYDRAULIC MOWER FOR BRAEMAR GOLF COURSE Hotion was made
by Hember Rice and was seconded by Member Smith for award of bid for a 3-gang
hydraulic mower for Braemar Golf Course to recommended law bidder, North Star
Turf, at $8,875.00.
Motion carried on rollcall vote - four ayes.
*BID.AWARDED FOR PRODUCTION SERVICES FOR wABOU!C TOWNw Motion was made by Member
Rice and was seconded by Member Smith for award of bid for production services
for City About Town magazine to sole bidder, J. Patrick Moore, at $10,905.00.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR PRINTING FOR nABOUT !COURIn Motion vas made by Member Rice and
2/18/92 .. Ad
vas seconded by Member Smith for award of bid for printing for City About Tom 44l
magazine to sole bidder, J. Patrickbre, at $7,433.21.
Motion carried on rollcall vote - four ayes.
I; TRAFFIC SAFETY COMKM!TEE HUiJUTES OF 2/11/92 APPROVED
reviewed the discussion that occurred at the Traffic Safety Committee meeting on
February 11, 1992, concerning items in Section A of the Minutes.
Engineer Hoffman briefly
Member Paulus made a motion to approve the follaring recommended action listed in
Section A of the Raffic Safety Committee Minutes of February 11, 1992:
1) To install a nSToPn sign westbound on Umg Brake Trail at Stonewood Court,
and to acknovledge Sections B and C of the Mbutes.
Motion was seconded by Member Smith.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
FEASIBITJTY REPORT PRES-D FOR STREET IHPROVEMENT NO. BA-298 (BIAKE ROAD);
STORM SEFTW IHPROVEMEIW NO. STS-218 AND SANITARY SEWER IMPROVEMENT NO. SS-382;
HEARING DATE SET FOR 3/2/92
reviewed the following projects for Blake Road, from Pine Grove Road to
Interlachen Boulevard, and have found them feasible:
IMPROVEMENT NO ESTIMATED COST
BA-298 Street Surfacing, Curb and Gutter,
and Sidewalk $ 645,028.91
STS -218 Storm Sewer - Estimated Cost $ 40,753.00
Engineer Hoffman informed the Council that staff had
SS-382 Sanitary Sewer - Estimated Cost $ 21,000.00
Staff would recommend setting a hearing date of March 2, 1992. Funding for
Improvement No. BA-298 (street surfacing) would be from state aid funds and
proposed assessment. Funding for Improvement No. STS-218 (storm sewer) and
Improvement No. SS-382 (sanitary sewer) would be from storm sewer utility and
utility funds.
Member Smith introduced the following resolutions and wmed adoption: I
RESOLUTION PROVIDING WE PUBLIC HEARING ON
STBET SURFACING mOVK!4KNT HO. BA-298
1. The City Engineer, having submitted to the Council a prel3dnary report as to
the feasibility of the proposed Street Surfacing, Curb and Gutter and Sidewalk
described in the form of Notice of Hearing set forth belor, and as to the
estimated cost of such improvement, said report is hereby approved and directed
to be placed on file in the office of the City Clerk.
2. This Council shall meet on Monday, March 2, 1992, at 7:OO P.M. in the Edina
City Hall, to consider in public hearing the views of all persons interested in
said improvements.
3. The City Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper once
a veek for two successive weeks, the second of vhich publication is to be not
less than three days from the date of said meeting, and to mail notice to all
affected properties in substantially the folloring form:
(Official Publication
CITY OF ED=
4801 U. 5OTH STREET
ED=, MI"ESO!llA 55424
NOTICE OF PlJBTLfC EEARIXG
BLdKE ROAD
FROM PINE GROVE ROAD M IIWERLACEEI'iT BOUIXVARD
P- STREE" SURFACING m CONCRETE CURB Am) GlllTEw SIDEFi.
IIIpBovELI[E1oT HO. P-BA-298
¶
The Edina City Council will meet at the Ed- Ciw Hall, on Monday, March 2,
1992, at 7:OO P.H. to consider the folloring proposed improvement to be
-- 2/18/92
constructed under the authority granted by Minnesota Statutes, Chapter 429.
approximate cost of said impravement is estimated as set forth below:
The
BLAKE ROAD - PJlE GROVE ROAD TO
PEWANENT STBeET SURFACING WITH
CONCRETE CURB AND GlJTTER/sIDEum
IMI?ROVEMENT NO. P-BA-298
INTERTACEEH BOULEVARD
Estimated Cost
$ 670,665.71
The area proposed to be assessed for a portion of the cost of proposed
improvements includes: Lots 1 through 4, Blk. 3, Idylwood Third Addn.; Lot 1,
Blk. 1, Idylwood Fourth Addn.; Lot 1, Blk. 1, Emerald Woods Addn.; Lots 1 and 2,
Blk. 1, and Lots 1, 5 and 6, Blk. 2, Uhiteman Addn.; Lots 1 and 3, Blk. 1, Mirror
Lakes Plat No. 3; Lots 1 through 3, Blk. 1, Mirror Lahe Ridge Addn.; Lots 29, 38,
46, and 47, Aud. Sub. 325, Lot 3, Blk. 1, Zuppkewod Addn.; Lots 2 through 4,
Blk. 1, Evanswood Addn.; Lot 2, Blk. 1, Brmsrood Addn.; Lots 1 and 2, Blk. 1,
Evanswood 2nd Addn.; Tract B, R.L.S. 1404; Lots 6 and 7, Blk. 1, Oak Ponds Addn.;
Lots 1 through 5, Blk. 1, Hyland Acres Ad&.; and Lot 1, Blk. 1, Taft Addn.
These properties are proposed to be assessed at $20.00 per foot of property
abutting Blake Road.
Marcella 1. Daehn
City Clerk '
RESOLUTION PROVIDING FOR PUBTJC EEARIIUG ON
STORM SEWER IMPROVEMENT NO. STS-218 AND SANITARY SEWER
IMPROVEMEEIT NO. SS-382
1. The City Engineer, having submitted to the Council a preliminary report as to
the feasibility of proposed Storm Sever Improvement No. STS-218 and
Sanitary Sewer Improvement No. SS-382 and as to the estimated cost of such
improvements, said report is hereby approved and directed to be placed on file in
the office of the City Clerk.
2. This Council shall meet on Monday, March 2, 1992, at 7:OO P.M. in the Edina
City Hall, to consider in public hearing the viers of all persons interested in
said improvements.
Motion was seconded by Member Rice.
Ayes: Paulus, Rice, Smith, Kelly
Resolutions adopted.
DATES SET FOR PUBLIC EEARTNGS ON DRAF!C EDIHLI CODE
presented a schedule of public gearings for various elements of the draft Edina
City Code.
Assistant Manager Hughes
After discussion by the Council, Member Paulus moved approval of the following
Edina City Code Public Hearing Schedule:
March 16, 1992 General review of following chapters:
1
2
3 Animal Control and Licensing
4 Buildings and Construction
5 Civil Defense and Emergencies
OF AWENNNS) will be discussed in detail.
General Code Propisions and Administration
Defining and Regulating Public Dances
SECTION 815 (Regulations for IHSTALTATION AND USE
April 6, 1992 General review of following chapters:
6 Fire Protection
7 Health, Restaurants, and Solid Waste
8 Land Use and Platting
SECTION 215 (Includhg PROHIBITION OF GAHBLRJG
AJ!iD RAFFLES, and SECTION 460 (POSITIONIHG,
CONSTRUCTION, SIZE AND USE OF SIGNS rill be
35
36 2/ 18/92
discussed in detail.
April 20, 1992 General redew of follaVing chapters:
10 Misdemeanors and Nuisances
11 Public Utilities
9 Beer and Vine Licensing
SECTION 475 (P-G RAMPS AND INSPECTIONS, and
SECTION 410 (Portions of Building Code
including RESIDKPJTIAL/COLMEBCIAL FIRE
-ION AND FIRE SUPPBESSING SPRIHKUXG
SPSTEMS) will be discussed in detail.
May 4, 1992 General review of following chapters:
12 Streets and Parks
13 Trades and Occupations
14 Traffic and Vehicles
SECTION 1045 (Regulating STORAGE OF RECREATIONAL
VEarCLes) vi11 be discussed in detail.
June 1, 1992 First Reading of entire Code
June 15, 1992 Second Reading and Final Enactment of Code
Motion was seconded by Member Rice.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
Assistant Manager Hughes then offered the following four alternatives for public
notification:
1.
2.
3.
Newspaper Ad:
approximately $275.00.
Letter to Interest GrOuRs: The major changes to the Code are directed at
relatively few property owners/residents.
Publication in About Town:
distributed by April 10, 1992.
be used by a resident who wished to respond to particular issues.
costing $4,000 to $7,000.
A quarter page ad in the Edina Sun-Current costing
Extensive article in the magazine to be
Could include a postage-paid postcard to
4. Individual Mailed Notice: Mailed to each resident and business owner
Considerable discussion was held on the four alternatives together with other
suggestions on how to inform and notify the general public of the hearing dates.
Member Paulus made a motion directing staff to: 1) Prepare a notice of the
schedule of public hearings on the draft Edina City Code of an effective size to
be placed in the Sun-Current and to be submitted to Council for approval prior to
publication, 2) Network with community groups and post notice of the hearings at
public places, i.e. Edina Comrmmity Library, and 3) Publish an article in About
Town. Member Rice seconded the motion.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
*I-494 JPO PROFESSIONAL SERVICES A- APPROVED FOR 1992
Member Rice and was seconded by Member Smith for approval of the 1-494 Joint
Powers Organization (JPO) Professional Services Agrement for hiring of a one-
half time staff person for calendar year 1992, as provided in the JPO budget.
Motion was made by
Motion carried on rollcall vote - four ayes.
GOIOIUNICATION RECEIVED FROH ROHLLLD EDBLOH Assistant Manager Hughes said a letter
had been received from Ronald D. Edblom, 614 84th Lane N.W., Coon Rapids, MN
55433, relative to the City's ordinance regulating "Physical Culture and Health
Services and Clubs". This is the second letter Mr. Edblom has addressed to the
Council relative to this ordinance. Based on Mr. Edblom's concerns, staff would
recommend that Section 1340 (Physical Culture and Health Services and Clubs), be
added to the list of code sections that will be heard by City Council.
2/18/92
!. 37 .i
Member Smith made a motion directing staff to invite Hr. Edblom to appear at the
March 2, 1992 Council Meeting to hear his specific concerns regardkg the
ordinance requirements. Member Rice seconded the motion.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
ACTION DEFERRED ON REWEST OF CEI;uTLbB ONE FOR PERMIT TO IEISTU ANTENNA AT 4940
VIKING DRIVE
has a pending application from Cellular One for a cellular antenna installation
at 4940 Viking Drive (Pentagon Office Tower) but cannot issue a permit because of
the moratorium on antennas and towers. In the event the Council did not take
action to lift the moratorium, Cellular One has asked, by letter dated January
29, 1992, for an exception to the ordinance to allow the antenna installation.
Staff has reviewed the plans and specifications for the installation.
antenna would comply with requirements of the existing as well as the proposed
ordinance.
Planner Larsen informed the Council that the Building Department
The
Presentation bv Applicant
Peter Beck, Larkin, Hoffman, Daly and Lindgren, Ltd., representing Cellular One,
presented their request to proceed with construction of the cellular site in the
interim while the Council is considering the antenna ordinance as they have a
pressing need to have this site on the air by the end of March.
presented illustrating the antenna panels as they would appear after
installation.
industry, cellular telephone usage peaks in early spring. Cellular One has a
severe capacity problem in the area of Highways I-494/100.
and engineered a solution that would be coupled with three interrelated sites
covering the whole metro area.
Viking Drive) must go on the air together because the entire system must be
adjusted and realigned.
minimum of 30 days, including the necessary interior construction activities,
mounting of antennas, equipment wiring and pretesting.
are operational and the system matures, antennas such as the one on the Vernon
Terrace building would be dismantled.
Graphics were
For a variety of reasons, mostly related to the construction
They have designed
These four new sites (including the site at 4940
Construction of the Pentagon building site would take a
When the four new sites
Because the Council extended the antenna moratorium for six months, Cellular One
requested that the Council consider their application for a permit and that they
be allowed to proceed either by means of an amendment to the moratorium or
exception from the moratorium for this specific site.
Council Comment/Action
amendment to the moratorium were allowed the City's legal exposure would be
increased.
to the amendment could state those reasons. Member Paulus commented that as a
community we are becoming more dependent on cellular phones and the system is
used by many citizens of the City as well as by the City's public safety
departments.
worded to the address this permit request.
In response to Member Paulus, Planner Larsen said if an
If a justified need for an exception could be established a preamble
Further, that she could support an amendment if the preamble were
Member Rice inquired what would happen if this were deferred until April 1.
Mr. Beck explained the system would reach capacity and a significant number of
users would not be able to get on the system; because the system is
indiscriminate it could be an emergency call.
dropoff would also occur.
before the new antenna ordinance is adopted.
Poor quality and possible call
Member Rice said he was reluctant to make an exception
Member Smith commented that he would be ready to vote on this request after the
March 16th hearing on the new antenna ordinance.
staff could allow Cellular One to proceed with the necessary interior
He asked if, administratively,
2/18/92 .. -38 .
installation work. Planner Larsen responded that this
this would be at Cellular One's risk with no assurance
issued subsequently for installation of the antenna in
deadline.
could be done; however,
that a permit would be
time for Cellular One's
I Member Kelly emphasized that Council has adopted a schedule of public hearings on
the proposed Edina Code that would include antennas but that adoption of the Code
in its entirety may not occur until June 15, 1992. Mr. Beck stated that on March
16th they would again request the Council to consider their application for a
permit. Member Kelly asked, that prior to the March 16th hearing, the Police
Department provide the Council with information on its use of the cellular
system. Planner Larsen said that staff would have an ordinance amendment and
preamble drafted for Council's consideration on March 16th following the hearing.
It was informally agreed by the Council to defer action on Cellular One's request
until March 16, 1992.
*PETITION RECEIVED: RESOLUTION ADOPTED SETTING TEARING DATE OF 3/16/92 FOR
VACATION OF EBslBENTS FOR UTILITY AND PUBTJC PARK LANDS. OPEN SPACE AND STORM
WATER POND & HOLDING AREA PURPOSES Motion vas made by Member Rice and vas
seconded by Member Smith for adoption of the folloving resolution:
BESOLUTION CAYLING FOR PWLZC HEARING ON
VACATIONS OF UT- EASR"T AHD
PUBLIC PARK LMDS, OPEN SPACE ABD STORM WATER WHD AND HOLDING ABEA
BE IT RESOLVED by the City Council of the City of Ed-, Hennepin County,
Minnesota, as follows:
1. It is hereby found and determined after receipt of the petition of the owner
of land affected thereby that the following described easements for utility
purposes and for public park lands, open space and storm water pond and holding
area purposes should be considered for vacation, in accordance with the
provisions of Minnesota Statutes, Sections 412.851 and 160.29:
The dedicated drainage and utility easement in and to that part of the west
three hundred sixty-five (365) feet of the south two (2) feet of the north
35 feet of Lot 1, Block 2, INTERIACEEN HILIS 3RD ADDITION, according to the
plat thereof of record in Hennepin County, Minnesota, which lies above the
surface of a plane at an elevation of 889.7 feet, National Geodetic
Vertical Datum of 1929.
The dedicated easements for public park lands, public open space and storm
water pond and holding area in and to the easterly twenty (20) feet of
Outlot A, l2DZRIACHIZN HJ3iT.S 3BD ADDITION according to the recorded plat
thereof, wbich lies east of the northerly extension of the west lines of
Lots 29 through 35, Block 1, in said INTERTACHEN HIIJ.S 3BD ADDITION, but
reserving the easement for utility and drainage purposes in and to such
premises granted by the Easement for Public Utilities Purposes, by and
between Wallace B. Kenneth and Jean H. Kenneth and the City of Ed-,
Minnesota, dated May 14, 1984, and recorded as Document No. 4894325 in the
office of the County Recorder in and for Hennepin County, Minnesota.
2. This Council shall meet at the time and place specified in the form of notice
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a veek for two veeks, in the Edina
Sun-Current, being the officialnevspaper of the City, the first publication at
least 14 days prior to the date of such hearing and to post such notice, at least
14 days prior to the date of such hearing, in at least three (3) public and
conspicuous places within the City, as provided in Minnesota Statutes, Section
412.851. Such notice shall be in substantially the follaring form:
NOTICE OF PUBIZC HEARING
2/18/92 39 -:
ON VACATION OF DRAINAGE LLlllD UTII;L!CY WEME", AND EBSEMENTS
FOR PUBUC PARK LANDS, PWUC OPEN SPACE AND
STORM UA!CER WEID LLlllD HOLDING baEb
IN TEE CITP OF RDIHCL
HENNEPILo COULPTY, MINLQRSOTA
NOTICE IS HEaeBY GIVEN that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on
March 16, 1992 at 7:OO P.H., for the purpose of holding a public hearing on the
proposed vacation of the following easement for drainage and utility purposes:
4
The dedicated drainage and utility easement in and to that part of the vest
three hundred sixty-five (365) feet of the south two (2) feet of the north
35 feet of Lot 1, Block 2, INTERUCHEN HIIlIs 3RD ADDITION, according to the
plat thereof of record in Hexmepin County, Minnesota, which lies above the
surface of a plane at an elevation of 889.7 feet, National Geodetic
Vertical Datum of 1929.
Also on the proposed vacation of the following easements for public park lands,
public open space and storm vater pond and holding area purposes:
The dedicated easements for public park lands, public open space and storm
vater pond and holding area in and to the easterly twenty (20) feet of
Outlot A, INTERLACHEN HILTS 3RD ADDITION according to the recorded plat
thereof, vhich lies east of the northerly extension of the vest lines of
Lots 29 through 35, Block 1 in said INTERIACl€EN HIUS 3RD ADDITION, but
reserving the easement for utility and drainage purposes in and to such
premises granted by the Easement for Public Utilities Purposes, by and
between Wallace B. Kenneth and Jean H. Kenneth and the City of Edina,
Minnesota, dated Hay 14, 1984, and recorded as Document No. 4894325 in the
office of the County Recorder in and for Hennepin County, Minnesota.
All persons who desire to be heard with respect to the question of whether or not
the above proposed easement vacaticms are in the public interest and should be
made shall be heard at said time and place.
extent to which such proposed easement vacations affect existing easements within
the area of the proposed vacations and the extent to which the vacations affect
the authority of any person, corporation, or municipality owning or controlling
electric, telephone, or cable television poles and lines, gas and sever lines, or
water pipes, mains, and hydrants on or under the area of the proposed vacations
to continue maintaining the same or to enter upon such easement areas or portion
thereof vacated to maintain, repair, replace, remove or otherwise attend thereto,
for the purpose of specifying, in any such vacation resolutions, the extent to
vhich any or a11 of any such easements, and such authority to maintain, and to
enter upon the area of the proposed vacations, shall continue.
BY ORDEB OF THE EDINA CITY COUNCIL
Marcella M. Daehn
City Clerk
The Council shall consider the
Ayes: Paulus, Rice, Smith, Kelly
Resolution adopted.
REPORT PRESENTED ON HTC BUS ROUTE 35H CHANGE
had reviewed a letter dated February 10, 1992, from the Metropolitan Transit
Commission which advised that MTC Route 35H will change because of low ridership.
The change will eliminate small route sections and actually extend the 35H Route
by starting at the Fire Station and going north, then east on Benton Avenue. The
eliminated portions would be the "around the block" stop at Grove Street and
Stuart Avenue and a short trip deviation down Tingdale Avenue then back up the
west frontage road.
particular hardship.
Engineer Hoffman indicated staff
The ridership is such that the changes should not create any
In response to Member Rice, Engineer Hoffman said the City controls one of the
three parking lots at Colonial Church and the new Park and Ride lot should be on
the lot that is controlled by the City. No formal action was taken.
2/18/92
REPORT GI9Et? ON MCAL REDISTKECTING/PBECINCT BOllHDARIES
referred to the memorandum from Clerk Daehn advising that March 30, 1992, is the
deadline for City redistricting following the order issued by the special state
redistricting panel on January 30, which provides for legislative districts based
on Chapter 246, Laws of Minnesota 1991. Chapter 246 impacts the .City of Edina in
that Precinct 17 and Precinct 18 have been transferred to Representative Ron
Erhardt's district from Representative Pauly's district.
Assistant Manager Hughes 40
I
Staff has been working on the precinct boundaries for the City of Edina and will
be prepared to present those to the Council for adoption at the meeting of March
2, 1992.
be proposed to comply with current statutory requirements.
Most precincts will retain existing boundaries but several changes will
State Statute does not require a statutory City that does not have wards to hold
a public hearing on the redistricting plan, and Edina has not done so in the
past.
2, 1992.
However, Council may wish to consider scheduling a public hearing on March
The consensus of the Council was that no public hearing be held.
LEGISLATION TO OVERRIDE GOVERNOR'S VETO OF BILL TO WSTwm pRESIDEN!CIAL PRIMARY
DISCUSSED: PREVIOUS POSITION mAINED Assistant Manager Hughes reported that
the Minnesota Senate this date voted 56 to 9 to override Governor Carlson's veto
in January of the bill to postpone the Presidential Primary to be held on April
7. The House is expected to vote on Thursday, February 20 and needs 90 votes to
override the veto. LMC has asked city councils to consider supporting current
legislation to override the veto. Assistant Manager Hughes reminded the Council
that on November 4, 1991 the LMC had asked for support of legislation to postpone
or repeal the 1992 Presidential Primary.
legislation failed by a vote of 4-1.
Following brief discussion, Member smith made a motion to advise the IXC that the
Council maintains its position of November 4, 1991regardisg the Presidential
Primary. Motion was seconded by Member Rice.
A motion to not support that
Ayes: Rice, Smith, Kelly
Nays: Paulus Motion carried. .-.
EXECUTIVE SUMMARIES PRESENTED DISCUSSED FOR EWIEWRISE F"DS - YEAR ENDED
12/31/91 As requested by Council, Finance Director Wallin presented the
Executive Summary Income and Expense Reports and Balance Sheets for the year
ended December 31, 1991, for the City's Enterprise Funds. Council discussed the
summary format and reviewed the individual report for each enterprise.
Of particular concern were fund net income or loss for 1991 as compared with 1990
for the following, with explanations as indicated:
1. Art Center Fund - 1990 revenue includes $100,000 from the working capital fund
as a grant for Art Center building expansion.
2. Arena Fund - 1990 revenue includes $50,000 from the working capital fund for
purchase of an ice maintenance machine and $20,000 for updating of heating
and ventilating systems.
3. Edinborough Park/Centennial Lakes Fund - 1991 revenue includes a one-time gain
on investments of $375,000 due to a change in investment portfolio managers,
resulting in a capital gain on the sale of investments.
Council suggestions for subsequent executive summaries were as follows:
1.
2. Include five year history.
3.
Show relationship to budget for revenues and expendLtures.
Include brief explanation of items which affect difference in fund
balance between years.
2/18/92 41 9.
*CLAIMS PAID Motion was made by Member Rice and vas seconded by Member Smith to
approve payment of the folloving claims as shm in detail on the Check Register
dated February 18, 1992, and consisting of 34 pages: General Fund $258,653.27;
Communications $410.56; Art Center $3,407.70; Capital Fund $6,685.59; Swimming
Pool Fund $2,467.26; Golf Course Fund $52,391.01; Recreation Center Fund
$18,122.40; Gun Range Fund $828.28; Edinborough Park $36,247.76; Utility F’und
$281,742.61; Storm Sewer Utility $2,446.95; Liquor Dispensary $87,176.41;
Construction Fund $237,621.72; IMP Bond Redemption #2 $757.10, TOTAT.. $988,958.62;
and for confirmation of payment of the following claims as shown in detail on the
Check Register dated January 31, 1992 and consisting of 16 pages: General Fund
$124,700.95; Art Center $403.80; Golf Course Fund $2,743.93; Recreation Center
Fund $533.49; Gun Range Fund $61.84; Edinborough Park $786.80; Utility Fund
$1,326.96 ; Liquor Dispensary Fund $288,943.04; TOTAL $419,500.81.
Motion carried on rollcall vote - four ayes.
There being no further business on the Council Agenda, Mayor Pro-Tem Kelly
declared the meeting adjourned at 10:35 P.M.
City Clerk