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HomeMy WebLinkAbout19920921_regularIlINEIZS OF TBE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HAIL SEPTEMBER 21, 1992 ROUCAKL Answering rollcall were Members Kelly, Paulus, Rice, Smith. Mayor Pro-Tem Kelly chaired the meeting in the absence of Mayor Richards. I DISABILITY EMPLOYMENT AND AW-SS MONTH PROCLAIMED Mayor Pro-Tem Kelly presented the following proclamation which vas unanimously adopted: WHEREAS, there are more than 600,000 people with disabilities in Minnesota, making them the largest minority group in the State: and WHEREAS, many people vith disabilities are living independently in Minnesota and are participating in education, social, religious, recreational and community activities: and WHEREAS, residents of our comrmmity need to become more avare of the talents and capabilities of people with disabilities through their inclusion in the total community environment; and WHEREAS, the continuing existence of unfair discrimination and prejudice denies people vith disabilities the chance to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous; and WHEREAS, a significant effort is being made statewide to eliminate barriers to employment, housing, transportation, education and public accommodations for persons vith disabilities: and WHEREAS, the Congress of the United States has recognized employment as a major issue for persons with disabilities and has designated the month of October as National Disability Awareness Month: and WHEREAS, the Americans vith Disabilities Act and the Minnesota Human Rights Act require employers to make reasonable accommodation to the known disability of a qualified applicant or employee. NOW, TtIEREFORE, BE IT RESOLVED that I, Peggy Kelly, Mayor Pro-Tern of Edina, do hereby proclaim the month of October, 1992, to be: in the City of Edina, Minnesota. ADOPTED this 21st day of September, 1992. PROCLAMATION DISABILITY EMPLOYMENT AND AWARENESS MONTJ3 Accepting the proclamation were John, Nancy and Mark Phillips and Laura Hinton, Adaptive Recreation Director, on behalf of the individuals with disabilities living in Edina. CONSENT AGENDA ITEMS APPROVED by Member Rice to approve and adopt the Council Consent Agenda items as presented. Motion was made by Member Smith and vas seconded Rollcall: Ayes: Paulus, Rice, Smith, Kelly Motion carried. PRELTMINARY REZONING TO R-2 DISTRICT AND PRELIMINARY PLAT APPROVED FOR VERNON HILI. ADDITION Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen informed Council that the subject property is at the foot of Krahl Hill, south of Vernon Avenue and north of Vernon Court and measures slightly over four acres in size and is vacant. The development tract contains two parcels and includes all of the remaining vacant property fronting on Vernon Court. petition to rezone the property to R-2, Double Dwelling Unit District and to plat it into eight double bungalow lots has been presented. A 224 9/21/92 The R-2, Double Dwelling Unit District requires a minimum lot width of 90 feet and a minim lot area of 15,000 square feet. 90 feet in width and range in area from 20,100 to 22,350 square feet in area. All lots meet or exceed Zoning Ordinance requirements for R-2 lots. Graphics illustrating the layout of the lots were presented. The eight proposed lots all exceed Planner Larsen pointed out the R-2 District requires a minimum front street setback of 30 feet. illustrates front street setbacks ranging from 20 feet to 35 feet with most units providing a 25 foot setback. would be necessary. impact on steep slopes and reduce the height of required retaining walls. The conceptual site plan submitted by the developer Thus, five and 10 foot front setback variances The reduced front setback is suggested to minimize the Planner Larsen explained that the proposed setback variances must be considered by the Zoning Board of Appeals in a separate action and is scheduled for the Board's October 1, 1992, meeting. The site plans and unit plans were submitted to show the developer's intentions and are not requirements of the requested zoning. 1 The subject property is designated as suitable to low density attached residential development by the Comprehensive Plan. is consistent with this designation. come before Council and have been approved for the westerly 3.2 acres of this tract. development. In 1987, a five lot, 10 unit double bungalow development was approved. In 1990 a 12 unit, PRD-2 development was approved. All three were consistent with the six unit per acre density allowed by the classification of the property. additional parcel at the easterly cul-de-sac measuring about 3/4 acres. The proponent has submitted floor plans and prospective elevations for the development. and Eden Prairie by the developer. Double bungalow development Since 1986, three separate proposals have In 1986, a rezoning to PRD-3 was approved for a 15 unit townhouse The proposal now before the Council is the first that includes the The plans are similar to developments now underway in Bloomington Previous proposals on this property were complicated by pending tax forfeiture actions. The current developer, David Carlson Company, has purchased the property at the state tax forfeit auction and the uncertainty of where the City's pending special assessments would be coming from has been settled through the purchase agreement with the state. Staff will be supporting the proposed variances for these reasons: 1) the hardship imposed by Krahl Hill, 2) the proposed subdivision would minimize the impact on the hill, and 3) the proposed development does not impact any other neighborhood. Staff would recommend preliminary rezoning and preliminary plat approval, subject to: 1) final rezoning, 2) final plat approval, and 3) pending the action of the Zoning Board of Appeals on the variances. Member Paulus noted that the question of a conservation easement on the property beyond the retaining wall was raised by the Planning Commission when they considered the proposal on September 2, 1992, and asked for response by the developer. David Carlson, developer, stated that he agreed that the conservation easement would be a good idea. I Member Smith asked mentioned the topography and asked about surface drainage and backyard area. has been designed by the engineering firm of Schoell & Madson. The first lot and, potentially, the second lot will be 'look-out' units, e.g. half would be below grade. basement or with a full basement. Mr. Carlson said the drainage plan for the proposed development The remaining homes would be constructed at grade without a Backyards would range from 15 to 17 feet. 9/21/92 '' 225 Prices of the proposed units would be between $194,900 and $240,000. Member Rice questioned the spacing between the unit on the easterly lot and the home on Gleason Court to the east. Planner Larsen said the requirement for an interior sideyard setback would be 10 feet; the home on Gleason Court has a rearyard setback of 35 feet which would provide 45 feet between the two homes. Member Rice said he also was concerned about the drainage and the retaining wall. Planner Larsen explained that as part of the building permit process for each lot engineering will be required to ensure positive drainage. out on a graphic how surface water would be channeled. wall would be an engineered type. receive payment of the pending special assessments for public improvements. Planner Larsen said the auction price for the tax forfeit property was greater than was owed to the City and that the City has first claim. interjected that the state will be paid off by the end of 1993 and the City should have its money by then. Mr. Carlson pointed He said the retaining Member Rice then asked how the City would Mr. Carlson Public Comment Duane Jensen, 6104 Arctic Way, mentioned that he and other neighbors have been concerned about the type of developments that have been proposed in the past. said that the proposal seems beneficial to the neighborhood, will have quality and provide good aesthetics. unable to attend who are also in favor of the development. He He added that he knew of other neighbors who were Doug and Pat Borth, 6521 Gleason Court, stated that their home is just to the east of the proposed development. development and noted that their house is only 12 feet from the property line. They also asked about plans to preserve the existing trees and how water drainage would affect their property. be 35 feet, yet in an end/corner lot another side could be chosen for the required 35 foot setback. In this case it would not have an impact on the proposed development being considered. Mr. Carlson responded that they would save trees if possible, but trees in the construction area would be removed. Trees would be added after completion of the development. Mr. Carlson said an engineered retaining wall would prevent new drainage onto their property. They voiced concern about the nearness of the Planner Larsen said normal rear yard setback would Regarding drainage, Jerry Clifford, 6516 Gleason Court, noted that there is an existing retaining wall to the east of the subject property and asked how the walls would relate to each other. Mr. Carlson said he prefers not to use wood retaining walls and therefore would not tie into the existing wood wall. engineered concrete wall. His plan calls for an Responding to Sandy Spahr, 6212 Vernon Court, Planner Larsen said the deer herd in the area of Krahl Hill should not be affected because the development will only impact a few hundred feet along Vernon Court. Council Action Member Smith reiterated his concern about the surface water drainage. Planner Larsen said that as the lots are developed they would be individually reviewed for stormwater drainage. As a condition to the building permit, staff will require that a civil engineer certify the drainage for each building. Engineer Hoffman mentioned that now in the Indian Hills area each lot must be engineered individually because of water problems and control is handled through the building permit process. plans indicate approximately 20 feet of driveway on which to park a vehicle and that the vehicle would encroach into the right of way which is prohibited by ordinance. Planner Larsen responded that, in staff's judgement, because of the massive height of the retaining walls and encroachment into the hill for this Member Smith said he was also concerned because the I. 9/21/92 isolated case the lack of driveway parking would be a worthwhile trade-off. He 226 clarified that the ordinance is enforced upon a complaint only basis. Member Rice asked about the height of the double units. that the height will be approximately 25 feet. Planner Larsen interjected that 30 feet is allowed from the front of the dwelling. Member Rice asked who would be responsible if there were water problems in the future. if the development is graded according to an approved grading plan there should be no problem with drainage. approval, more detailed drainage and retaining wall plans must be submitted prior to final approval. cover areas of concern. Mr. Carlson answered I Engineer Hoffman said He added that, as a condition for preliminary Attorney Gilligan opined that a development agreement could Member Smith made a motion to grant preliminary rezoning to B-2 Double Duelling Unit District and preliminary plat approval for Vernon Hill Addition, subject to a development agreement that vould provide: 1) a conservation easement, 2) resolution of driveway parking, 3) adequate drainage control, and 4) resolution of converging of the retaining walls, and then moved adoption of the following: ORDINANCE NO. 850-81 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850) BY ADDING TO THE DOUBLE DWEILIXG UNIT DISTRICT (R-2)' THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: amended by adding the following thereto: Section 1. "The extent of the Double Dwelling Unit District (R-2) is enlarged by the addition of the following property: Subsection 850.06 of Section 850 of the Edina City Code is That part of lot 23 lying W of a line running N from Apt in S line of lot 23 dis 676 3/10 ft E from SW cor thof and par with W line thof and lying N of huy also subject to Vernon Court Auditor's Subdivision No. 169 Hennepin County, Minn. City of Edina. PIW 06-116-21-21-0005(24). The easterly 150.00 feet of the westerly 825.74 feet of the Northeast Quarter of Section 6, Township 116, Range 21 as measured at right angles to the west line of the Northeast Quarter and lying northerly of the northerly right of way line of County Road No. 62. PIN# 06-116-21-21-0006. See. 2. This ordinance shall be in full force and effect upon its passage and publication. RESOLUTION GRANTING PRELIMINARY APPROVAL FOR VERNON HITL ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "VERNON HILL ADDITION", platted by David Carlson Company, Inc. and presented at the regular meting of the City Council of October 5, 1992, be and is hereby granted preliminary plat approval. Motion was seconded by Member Paulus. Member Paulus emphasized that the Council minutes reflect that the conservation easement on this plat state that there would be no building or erecting of anything on the easement and that it be left as a wilderness area. Mr. Carlson offered that the purchase agreement for the lots could specify that the area in conservation easement be held as a wilderness area. for vote on the motion. Rollcall : Mayor Pro-Tem then called Ayes: Paulus, Rice, Smith, Kelly Ordinance granted First Reading. Resolution adopted. AWARD OF BID FOR NEW NINE HOLE GOLF COURSE AT BRAEMAR CONTINUED TO 10/05/92 9/21/92 227 Motion was made by Member Smith and was seconded by Member Rice to continue the award of bid for the nev nine hole golf course at Braemar to October 5, 1992. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR PEDESTRIAN LIGHTS - 50TH AND FRANCE Motion was made by Member Smith and was seconded by Member Rice for award of bid for 50th & France pedestrian lights to sole bidder, Carnes, at $23,486.70. Motion carried on rollcall vote - four ayes. *COUNCIL MZIN[TTES OF 7/6/92 AMENDED REGARDING PRELIMINARY PLAT FOR NORMANDAIX GOLF Motion was made by Member Smith and vas seconded by Member Rice to amend the Council Minutes of July 6, 1992, by including the folloving resolution: RESOLUTION APPROVING PRELIMINARY PLAT FOR NORMANDBLE GOT3 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "NORMANDALE GOLF" platted by Normandale Golf, Inc. and presented at the regular meeting of the City Council of July 6, 1992, be and is hereby granted preliminary plat approval. Motion carried on rollcall vote - four ayes. *RESOLUTION ADOPTED AUTHORIZING NORMANDALE GOLF COURSE PURCHASE AGREEMENT AND DEVELOPMENT CONTRACT AND MAKING CERTAIN FINDINGS OF FACT Member Smith and was seconded by Member Rice for adoption of the following resolution: Motion was made by RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF PURCWE AGREEMENT AND MAKING CERTAIN FINDINGS AND DECIARING INTENTION TO REIMBURSE EXPENDITURES FROM PROCEEDS OF BONDS RELATED AG-NTS FOR NORMANDU GOLF COURSE PROPERTP, BE IT RESOLVED by the City Council of the City of Edina, Minnesota (herein called the "City"), as follows: owner of property lying north of West 77th Street and east of Highway 100 in the corporate limits of the City, described as Tract R, Registered Land Survey No. 1050, Files of the Registrar of Titles, Hemepin County, Minnesota (herein called "Tract R"). nine-hole golf course known as Normandale Golf Course, vhich has been operated by the Owner. It has been proposed that the City purchase Tract R from the Owner on the terms and conditions contained in a Purchase Agreement betveen the Owner and the City (herein called the "Purchase Agreement"), a copy of which has been presented to this Council. The Purchase Agreement provides that the City and the Owner will enter into an Option and Development Contract (herein called the "Development Contract"), a copy of which has been presented to this Council, pursuant to which the City grants to the Owner the option to repurchase from the City a portion of Tract R constituting approximately 6.2 acres and fronting on West 77th Street (herein called the "Development Property"). The City proposes to reconstruct Normandale Golf Course for use as a public nine-hole golf course. For access to the east end of the reconstructed golf course the City proposes to acquire a drivevay easement (herein called the "Driveway Easement") from Pentagon Park Limited Partnership (herein called "Pentagon Park") on the terms and conditions contained in a Purchase Agreement (for Easement Agreement), between the City and Pentagon Park (herein called the ("Easement Agreement"), a copy of which has been presented to this Council. The Development Contract provides that if the Owner exercises its option to purchase the Development Property, the her acquires such property subj,ect to certain restrictions and limitations set forth in the Development Contract vhich are imposed for the benefit of the City. By resolution adopted July 6, 1992, this Council has amended the Comprehensive Plan 1980 to show the Development Property as a potential office development site and to show the balance of Tract R as "public" area, and on July 6, 1992, gave first 1. RECITALS. Normandale Golf, Inc. (herein called the "Owner") is the Tract R is now and has been used as and for a commercial private 9/21/92 228 reading to an amendment to the Zoning Ordinance of the City to transfer the Development Property to the Planned Office District, Subdistrict POD-1 and preliminary approval to a subdivision of the Development Property from the balance of Tract R. 2. AU"l!EtORIZATIONS AND APPROVAIS. The City hereby authorizes the purchase by the City of Tract Rupon the terms and conditions set forth in the Purchase Agreement, and the granting by the City to the Owner of the option to repurchase the Development Property upon the terms and conditions set forth in the Development Contract and the acquisition by the City of the Driveway Easement upon the terms and conditions set forth in the Easement Agreement. The forms of the Purchase Agreement, Development Contract and Easement Agreement are approved subject to such modifications as are deemed appropriate and approved by the Mayor and City Manager, which approval shall be conclusively evidenced by execution of the Purchase Agreement, Development Contract and Easement Agreement by the Mayor and city Manager. The Mayor and City Manager are directed to execute such other instruments as may be required to give effect to the transactions herein contemplated . 3. FINDINGS. It is hereby found, determined and declared that: A. I The City acknowledges that during the period the Development Contract is in effect it will not place any further restrictions, encumbrances or other impediments to the development of the Development Property other than as may be contained in the Ordinances of the City, including, but limited to, the City's Zoning Ordinance, as in effect from time to time, and no amendment by the City to the Comprehensive Plan or official control shall apply to affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approval application unless approved in writing by the Owner. provides that upon exercise by the Owner of its option to purchase the Development Property under the Development Contract, the Owner and City intend to apply for rezoning of the Development Property to Planned Office District, Subdistrict POD-1, so that Owner can construct on the Development Property a building or buildings (a) with a total maximum aggregate of 110,000 square feet of gross floor area (as gross floor area is defined in the City's Zoning Ordinance) for all buildings on the Development Property, (b) of a height not in excess of an elevation of 861.0 feet, National Geodetic Vertical Datum of 1929, plus the height of any roof-top mechanical equipment or devices serving any such building and (c) subject to the setback lines shown on Exhibit C to the Development Contract. The City believes that the development of the Development Property in the manner and subject to the restrictions set forth in B above is reasonable and appropriate. The Development Property fronts on West 77th Street, which is a heavily traveled commercial street and has office developments to its east, vest and south and will be separated from single family dwellings located north of Tract R by Normandale Golf Course. It is consistent vith past planning and zoning practice of the City to permit the Development Property to be developed in the manner and subject to the restrictions set forth in B above particularly in light of and recognizing that adjacent parcels have office developments located thereon. To the extent the development of the Development Property is subject to the restrictions set forth in Section 8.3 of the Development Contract, the City vi11 assert no claim of right and waives all claims in respect of the development of the Development Property except as set forth in this Resolution, and will assert no benefit of any restriction on its use other than as provided in the Development Contract, Minnesota or federal laws and in the Ordinances of the City, including, but not limited to, the City's Zoning Ordinance, as in effect from time to time. Ordinance of the City to transfer the Development Property to the Planned Office B. The City acknowledges that Section 8.3 of the Development Contract I C. D. E. F. I G. The City has given first reading to an amendment to the Zoning 9/21/92 ' 229 District, Subdistrict POD-1, has amended the Comprehensive Plan 1980 to show the Development Property as a potential office development site and to show the balance of Tract R as "public" area, and has given preliminary approval to a subdivision of the Development Property from the balance of Tract R. The City acknowledges that the setback, size, height and berming requirements contained in the Development Contract are specific restrictions to which the Development Property is subject if it is purchased upon the exercise of the option granted by the Development Contract, and further acknowledges that such restrictions are subject to termination upon the conditions set forth in Section 9.1 of the Development Contract. The City reasonably expects to reimburse up to $800,000 of the expenditures to be made by the City for the purchase of Tract R out of the proceeds of the general obligation bonds to be issued by the City pursuant to Minnesota Statutes, Chapter 475 and Minnesota Laws 1961, Chapter 655 (herein called the "Bonds"). as defined in Section 1.150-l(h) of the United States Treasury Regulations (herein called the "Regulations"). This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. As of the date hereof, there are no City funds reserved, allocated on a long term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long term basis or otherwise set aside) to provide permanent financing for expenditures related to the purchase of Tract R, other than pursuant to the issuance of the Bonds. records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case of reimbursement of a fund or account in accordance with Section 1.103-18 of the Regulations, the fund or account in accordance with Section 1.103-18 of the Regulations, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statue, which would apply to unspent proceeds of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of Section 1.103-18 of the Regulations. "reimbursement allocations" described in Section 1.103-18 of the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the purchase price of Tract R. H. 4. REIMBURSEMENT. All reimbursed expenditures shall be capital expenditures Each allocation shall be evidenced by an entry on the official books and The City Finance Director shall be responsible for making the Motion carried on rollcall vote - four ayes. TRAFFIC SAFETY COMMITTEE MINUTES OF 9/15/92 APPROVED the recommended action in Section A of the Traffic Safety Committee Minutes of September 15, 1992, and Council action was taken as follows: Engineer Hoffman reviewed (1) Avenue to a four-way "STOP". signs on St. John's be rotated to West 56th Street and that the Itdip" on West 56th Street be corrected. Council discussed the perceived speeding of school busses and teenage drivers and questioned if "STOP" signs would provide safety for children in the area. Engineer Hoffman told the Council that he had talked with the supervisor of the bus drivers about the speeding. Request to upgrade the intersection of West 56th Street and St. John's The Committee recommended that the current "STOP" Carlos Parrague', 4529 West 56th Street, spoke in support of the request for the STOP signs and commented that actions of children cannot be predicted. He asked for the Council's help to make West 56th Street a safer street. Member Paulus made a motion to approve the Committee's recommendation as follows: 230 9/211/92 1) That the current "STOP" signs on St. John's Avenue be rotated to West 56th Street, and 2) that the "dip" situation on West 56th Street be corrected by changing the drainage pattern. Motion was seconded by Member Rice. ~~ I Ayes: Paulus, Rice, Smith, Kelly Motion carried. (2) Discuss traffic safety concerns in the Parkwood Knolls area. The Committee .I < recommended: a) improve visibility at the NE quadrant of Schaefer Rd/Knoll Dr, b) install 25 MPH advisory signs along Knoll Drive, c) consider the area for the Traffic Enforcement Unit, until November meeting. and d) defer further action on additional signage Kathy Colwell, 5517 Knoll Drive, expressed concern with through traffic from Opus and off of Highway 169 cutting through the Parkwood Knolls neighborhood at fast speeds. signs at triangle formed by South Knoll, Knoll and Schaefer, the crosswalks and additional "STOP" signs on Schaefer. She spoke in support of the request for "CAUTION - CHILDREN AT PLAY" Member Smith made a motion to approve the Committee's recommendation as follows: 1) To improve visibility at the northeast quadrant of Schaefer Road and Knoll Drive, 2) To install 25 MPH advisory signs along the median area on Knoll Drive, 3) Police Department to consider this area for the Traffic Enforcement Unit, and 4) Defer further action on additional signage until the November meeting of the Traffic Safety Committee, after completion of the Blake Road construction project. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Kelly Motion carried. (3) Committee recommended installation of a 4-way "STOP" sign at the intersection. Discuss traffic safety concerns at Malibu Drive and Lincoln Drive. The Member Rice made a motion to approve the Committee's recommendation as follows: 1) To install a 4-way "STOP" sign at the intersection of Lincoln Drive and Halibu Drive. Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Kelly Motion carried. (4) Discuss traffic safety concerns regarding highway ramp metering. The Committee recommended to refer this item to the police and fire chiefs for evaluation so they may consider what supporting role the Traffic Safety Committee could play in addressing metering concerns. vehicles have a difficult time manuvering around the traffic that backs up at rush hour on the metered ramps. The City talked to MNDOT about a year ago when metering was being designed regarding a selective process for key access ramps. MNDOT's response was to contact them when these situations occur. problem is the backup of traffic on the freeways themselves. commented that the time for MNDOT to have addressed the problem was when the metered ramps were being planned. resolution to MNDOT in support of the concerns expressed by the Fire and Police Departments. could either adjust the timing on the metering lights if traffic was backing up or they could construct a bypass for emergency vehicles. potential traffic backup on the highways the Fire Department uses City streets. Member Paul= made a motion to approve the Committee's recommendation as follows: 1) to the police and fire chiefs for evaluation as to what supporting role the Traffic Safety Committee could play in addressing metering concerns and to acknowledge Sections B and C of the Minutes. Engineer Hoffman said emergency A secondary Member Smith He suggested that the Council consider a Chief Paulfranz said MNDOT engineers had assured him that they However, because of I To refer the issue of highway ramp metering as it affects emergency vehicles Motion was seconded by Member Rice. 9/21/92 '' 231 Ayes: Paulus, Rice, Smith, Kelly Motion carried. GARAGE ACCESS TO "HIELEN AVEN[TE/WOOD IANE DISCUSSED that property owners at 5621 Wood Lane are seeking a variance from the City of St. Louis Park to construct a new garage on their property. Edina is involved because the new garage access would be from Thielen Avenue in Edina, not Wood Lane in St. Louis Park as is currently the case. the City of St. Louis Park, the owners at 5621 Wood Lane would be applying for a curb cut permit from Edina. Engineer Hoffman explained If the variance is granted by Staff has reviewed the issue and would authorize the curb cut subject to the following conditions: 1) Property irons be located to ascertain that property abuts public right-of-way, 2) The curb cut be on the east portion of the north end of Thielen so that snow storage can continue on the west side of Thielen in winter and parking in the summer, 3) Landscaping be maintained or improved to continue neighborhood aesthetics. Engineer Hoffman observed that the Council may have no particular action to take other than review of the issue unless Council directs staff not to approve a curb cut or has comments to pass on to the City of St. Louis Park. Mayor Pro-Tem Kelly asked what would happen if St. Louis Park grants the variance but the Edina City Council does not approve the curb cut on Thielen. Attorney Gilligan answered that, if the property owners do have access rights to Thielen which will be determined by locating the property irons, and the City of Edina denies the curb cut permit we would in effect be denying their access right which may be an inverse "taking". There are standards in the City's ordinance for a curb cut, and if those standards are met the permit would have to be issued. Member Smith asked what the proposed setback for the garage would be and what Edina's setback standards are. be setback 15 'feet from the property line. setback. maintaining a 35 foot setback to meet Edina's standards. Engineer Hoffman said the garage is proposed to Edina would require a 35 foot Member Smith suggested that the property owners may consider Residents speaking in opposition to allowing access on Thielen were Thomas Egan, 4369 Thielen Avenue; Peter Worthington, 4381 Thielen Avenue; Bob and Julie Haben, 4367 Thielen Avenue; Tim Pearson, 4370 Thielen Avenue; and Lynn Dolan, 4372 Thielen Avenue. Major issues of concern included the following: 1) traffic safety, 2) aesthetics of the proposed structure, 3) undue hardship not demonstrated, and 4) the 15 foot setback. Member Paulus asked if Edina could tell the City of St. Louis Park what to do. Attorney Gilligan said Council could only recommend or state a preference of our wishes. Member Smith said he felt the Edina Council should advise the City of St. Louis Park that our preference would be that the proposed garage access on Wood Lane so that Edina not have the burden of the rearyard access on Thielen. Robin Pink, 5621 Wood Lane, stated that their hardships are based on the following: 1) their property has two front yards, and 2) because the existing garage is grandfathered in they cannot rebuild it as it is approximately 14 inches from the property line. They intend to keep the existing driveway off Wood Lane for guest parking but if the access to the proposed garage were from Wood Lane they would have to asphalt most of their yard. daylight and most of the backyard if the 35 foot setback were made a requirement. Ms. Pink concluded that they would like to improve their property by constructing the new garage and adding landscaping. Also, they would lose Following further discussion, Member Smith made a motion directing staff to write 9/21/92 .. 232 a letter to the St. Louis Park staff advising that the Edina City Council is not in favor of a curb cut on Thielen Avenue to access the proposed garage at 5621 Wood Lane for these reasons: 1) concern for safety of traffic, 2) proposed setback of 15 feet does not meet Edina's standard of 25 feet and would adversely impact the neighborhood, and 3) other alternatives for egress/ingress from Wood Lane should be considered. I Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Kelly Motion carried. METRO 2015 VISION AM) GOALS DRAFT DISCUSSED AND COMMENTS REOUESTED Rosland referred to a letter written by Vern Peterson, on behalf of the AMM's Metropolitan Agencies Committee and the Housing and Economic Development Committee with comments to the Metropolitan Council on its Metro 2015 Vision and Goals Draft. from municipalities. Manager He mentioned that the Metropolitan Council is also seeking comments After considerable discussion, the consensus was for Council Members to attend the Metropolitan Council Regional Breakfast Meetings scheduled for September 23 and 29, to listen and to ask questions. Agenda for October 5, 1992, for comment by the Council. The matter would be back on the Council RESOLUTION ADOPTED APPOINTED ELECTION JUDGES FOR Gm ELECTION Motion vas made by Member Smith and was seconded by Member Rice for adoption of the following resolution: RESOLUTION BE IT RESOLVED by the Edina City Council that the following election judges be appointed for the General Election November 3, 1992; BE IT p[JBTHEB RESOLVED that the City Clerk be and is hereby authorized to make any substitutions or additions as may be deemed necessary: Precinct 18. Genie Williams, Chair, Lois Hallquist, Dorothy Capetz, Virginia Vonhof, Arlene Friday, Shirley DeLeo, Janet Remington, Shirley Graziano, Virginia Anthony, Cathee Hare; Precinct 1B Ardis Dorsey, Chair, Jean Liudahl, Co-Chair, Sue Corson, Catherine Murphy, Marianne Schoenecker, Donna White, Nancy Hopf, Jean Altman, Diane Safley, Brenda Brink; Precinct 2 Marjorie Ruedy, Chair, Joan Flumerfelt, Sue Hirsch, Carol Bucklin, Lorraine Purdy, Naomi Johnson, Kay Tierney, Mary Ann Haemig, Florence Tretten, Elizabeth Anfinson; Precinct 3 Patricia Dill, Chair, Deidre Hedrick, Margaret Hagerty, Patricia Schwartz, Mara Ingwalson, Mary Uebber, Barbara Bergan, Cindy Farmer, Sherrill Estenson, Kathleen Stiehm; Precinct 4 Rachel Schoening, Chair, Marian Cracraft, Lois Loomis, Shirley Renslow, Jean Hubers, Betty Goughner, Lisa Bjerken, Mandics Krisztha, Theresa Carufel; Precinct 5 Rosemary McGlynn, Chair, Barbara Martin, Roe Ann Forbes, Anne Francis, Marie Goblirsch, Sally Olson, Mary E. Ryan, Janet Nelson, Am Swanson, Carolyn Setterberg; Precinct 6 Jane Bains, Chair, Catherine Swanson, Mary Cleaveland, Barbara Herbers, Jean Flaaten, Audrey Clay, Alice Lehrke, Beverly Koch, Marilyn Breitenbucker, Mae Warner; Precinct 7 Kathleen Engquist, Chair, Helen Peterson, Ellen Nein, Janet Kanofsky, Mary Ellen Pratt, Lois Strupp, Gerturde Snoeyenbos, Eunice Overby, Florence Mase, Mary Rogers, Shirley Rickard; Precinct 8 Jane Moran, Chair, Myra Hykes, Jeanne Sedoff, Ordell O'Neill, Catherine Tobin, Mona Reding, Shirley Sorenson, Shirley Sallen, Bernairdine Scofield, Nancy Wyatt; Precinct 9 Colleen Crew, Chair, Florence Boughton, Marie Robinson, Mary Strother, Colleen Cavell, Betty Comstock, Nancy Grimsby, Patricia Honson, Jacqueline Lindskoog, Martha Albrecht; Precinct 10 Barbara Erlandson, Chair, Carol Ladner, Connie Nelson, Milly Karr, Lee Strang, Mary Sjoquist, Sharon Hed, Marguerite Ratelle, Ruth Haggerty, Gladys Lidstone; Precinct 11 Betty Pollitt, Chair, Karen Vickman, Rita Acker, Carol Helichar, Doris Blake, Mary A. Ryan, Muza Habeck, Mary Ann Kubin, Bernadine Chapman, Mary Kirsch; Precinct 12 Shirley Bjerken, Chair, Ardis Wexler, Marlys Bittner, Sue Kracum, Mary Scholz, Doris Barry, Marge Erstad, JoAnne Chayer, Marilyn Iarson, Doris Marchuk; Precinct 13 Doris Peterson, Chair, Annadell Quantrell, Rebecca Larson, Kathleen 9 12 1/92 Hansing, Audrey Sherman, D'Arcy Secord, Anne Matula, Patricia Robbins, Della Possis, Margaret Ryan; Precinct 14 Mary Jane Platt, Chair, Joyce Jhnson, Esther Olson, Patricia Bartlett, Louise Carlson, Donna Brastad, Lavayne Finberg, Marcia Willett, Jean Reichow, Barbara Butler; Precinct 15 Kaye Luikens, Chair, Jean Hare, Sharon Soderlund, Joann Buie, Carol Hanson, Nancy Meyer, Maxine Steinberg, Carolyn Klus, Virginia Sweeney, Maxine Wallin; Precinct 16 Mary McDonald, Chair, Donna Montgomery, Patricia Halvorsen, Mary Ann Hans, Marlys Chase, Katherine Saunders, Phyllis Woodley, Yvonne Ford, Nathalie Person, Madeleine Dobblemann; Precinct 17 Lorna Livingston, Chair, Jean McDermid, Louise Jackson, Betty Lou Petersen, Shirley Breitman, Theresa Brown, Vernette Wessman, Lorraine Welch, Joanna Bigler, Lois Awes; Precinct 18 Jean Erdall, Chair, Selma Shelton, Mary Zotalis, Virginia Stemm, Jo Anne Streed, Nancy Lichy, Joy Perunovich, Vera Krause, Ruth Downey, Gertrude Rocheford; Precinct 19 Patricia Olander, Chair, Anita Delegard, Lynne Westphal, Harriet Koch, Rosemary Booth, Joan Ochs, Diane Ebert, Marie Nelson, Alice Olson, Ardis Stevenson. Motion carried on rollcall vote - four ayes. *PETITION FOR STREET LIGHTING (BETWEEN VWY VIEW AND MOCCASIN VAI;LeY ROADS1 REFERRED TO ENGINEERING DEPARTMENT seconded by Member Rice to refer the petition for street lighting at the Valley View Road and Moccasin Valley View Road intersection to the Engineering Department for processing. Motion vas made by Member Smith and vas Motion carried on rollcall vote - four ayes. *MEMORANDUM REGARDING TRAPPIC SPEED (FROM TRILLIUM AND LANTANA LANES) REFERRED TO TRAFFIC ENFORCEMENT UNIT Member Rice to acknowledge the memorandum regarding traffic speed received from residents on Trillium and Lantana Lanes and to refer the matter to the Traffic Enforcement Unit for traffic monitoring and to request that Public Works install speed limit signs for north and southbound traffic on the frontage road. Motion was made by Member Smith and was seconded by I Motion carried on rollcall vote - four ayes. SCOTT HARR LETTER REGARDING AIRPORT NOISE DISCUSSED that a letter had been received from Scott Harr, 5209 Danens Drive, asking.the City of Edina to take a position concerning the increased aircraft noise over the City. summer, and that Northwest Airlines has admitted that it does not intend to abide by voluntary noise limits. Manager Rosland reported Mr. Harr had stated that noise levels have increased noticeably this After a brief discussion, the consensus of the Council was to start a file with concerns expressed orally by residents and written correspondence in order to monitor public opinion on the noise generated by the airport and that Mr. Harr be informed of this process. HENNEPIN COUNTY MILFOIL CONTROL PROGRAM DISCUSSED a letter has been received from the Minnehaha Creek Watershed District advising that the Hennepin Conservation District is currently making funds available to combat infestation of Eurasian Water Milfoil. These funds will be used to provide financial assistance to local governments and community groups. Minnehaha Creek Watershed District was given the opportunity to apply for these funds . Manager Rosland indicated that The The District will be submitting their application this fall and if approved, will be chemically treating several locations throughout the metro area. currently infested with milfoil are Minnehaha Creek, Meadowbrook Lake in St. Louis Park, Mill Pond in Edina and possible Lake Hiawatha and Nokomis. The District is contacting affected municipalities to determine the level of support cities are willing to donate towards this project by becoming a contributing sponsor. Areas 9/21/92 .. 234 Manager Rosland observed that Edina as well as other cities already contribute to the District and that watershed funding should be used for the milfoil project. Assistant Manager Hughes commented that a chemical permit to treat Edina water could possibly be acquired from the Watershed District which would be desirable. No formal action was taken. *CLAIMS PAID Motion vas made by Member Smith and vas seconded by Member Rice to approve payment of the following claims as shown in detail on the Check Register dated September 16, 1992, and consisting of 22 pages; General Fund $706,012.96; CDBG $3,025.00; Cable $2,949.79; Working Capital $3,932.60; Art Center $4,778.40; Pool $1,932.70; Golf Course $53,579.80; Arena $3,846.06; Gun Range $136.33; Edinborough/Centennial Lakes $11,675.95; Utilities $45,268.29; Storm Sever $3,113.87; Liquor Dispensary Fund $108,789.12; Construction Fund $214,191.24; IMP Bond Redemption #2 $535.80; TOTAL $1,163,767.91; and for confixmation of payment of the following claims as shown in detail on the Check Register dated September 17, 1992, and consisting of 13 pages; General Fund $162,472.95; Golf Course $108.63; Edinborough/Centennial Lakes $630.00; Liquor $227,241.55; TOTAL $390,453.13. I Motion carried on rollcall vote - four ayes. There being no further business on the Council Agenda, Mayor Pro-Tern Kelly declared the meeting adjourned at 10:20 P.M. City Clerk