Loading...
HomeMy WebLinkAbout19930120_regularlKDWl!ES OF THE REGULAR HEXTING OF THE , c 79 EDINB CITY COUNCIL HELD AT CITY HALL JANUARY 20, 1993 I ROIJ..CAU Answering rollcall were Members Kelly, Paulus, Richards. CONSENT AGENDA ITEM APPROVED Motion was made by Member by Member Smith to approve and adopt the Council Consent presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Rice, Smith and Mayor Kelly and was seconded Agenda items as *MINUTES OF SPECIAL MEETINGS OF NOVEMBER 16 AND DECJDfBER 7. 1992. AND REGULBB MEETINGS OF DECEMBER 21. 1992 AND JANUARY 4. 1993. APPROVED Motion was made by Member Kelly and was seconded by Member Smith to approve the minutes of special meetings of November 16 and December 7, 1992 and regular meetings of December 21, 1992 and January 4, 1993. Motion carried on rollcall vote - five ayes. PUBLIC €EARING ON PRELIMINARY PLAT APPROVAL CONTINUED TO FEBRUARY 16. 1993. FOR GRANGER ADDITION (5533 VERNON AVENUE1 Affidavits of notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen stated that the subject property at 5533 Vernon Avenue is located on the east side of Johnson Drive and the south side of Vernon Avenue. It is a developed single family lot containing a lot area of 20,800 square feet. request has been submitted that would remove the existing dwelling and create two new buildable single family lots. follows : Lot 1 83 feet 125 feet 10,500 square feet Lot 2 75 feet 138 feet 10,300 square feet A The proposed lots would have dimensions as Lot Width Lot Deu th Lot Area Lots within the 500 foot "neighborhood", as set forth in Section 810 of the City Code have the following median dimensions and area: Lot Width Lot Der, th Lot Area 90 feet 148 feet 14,500 square feet Variances would be required on both lots for lot width, lot depth and lot area. Planner Larsen submitted that the proposed subdivision fails to meet the basic size and dimension standards of the subdivision ordinance. Based on the standards the lots are too small for the neighborhood and, normally, staff would recommend denial. However, the plat offers some positives. It would remove curb cuts from Vernon Avenue and replace an obsolete home with two new homes. smaller lots may also yield new homes more in keeping with the size and value of surrounding homes. The The Planning Commission heard the request at its meeting of December 2, 1992, and felt there were other factors involved, i.e. the proximity of the lots proposed for development and the lot sizes of houses on Ridge Park Road, Gate Park Road and Warden Avenue. proposed subdivision to the larger lot sizes that exist in Edina Highlands on the north side of Vernon Avenue. removal of the curb cuts on Vernon Avenue as the new lots would be served off Johnson Drive. For those reasons the Commission recommended that the variances The Commission also felt it was unfair to compare the Another positive the Commission recognized was 1/20/93 80 be granted and the preliminary plat be approved, subject to: 1) final plat approval, and 2) subdivision dedication. Presentation bv Proponent Winston Granger, 5533 Vernon Avenue, stated that they purchased the property in 1946 with 150 feet of frontage on Vernon Avenue (formerly Highway 169/212). the crosstown highway was put through Johnson Drive was also constructed and 30 feet was confiscated from the west side of their property. Mr. Granger pointed out that four things skew the neighborhood median average so that variances are required: 1) a proposed street between Johnson Drive and Tracy Avenue was not built resulting in large lots on the west side of Johnson and east side of Tracy, 2) Edina Highlands lots are very large, 3) the adjoining property at 5529 Vernon Avenue was developed when not much attention was paid to lot sizes which resulted in an irregular shaped lot of approximately 25,000 square feet, and 4) the taking of the 30 feet for Johnson Drive. When . Mr. Granger observed that he had contacted 22 neighbors and received an unprecedented 22 assurances of support for .the proposed subdivision and had submitted a listing of those homes that support the proposal. Eleanor Burdick, 5529 Vernon Avenue, was present to lend her support and that two other neighbors who support the proposal could not attend because of the icy streets. He mentioned that Public Comment Mayor Richards called for public comment on the proposed subdivision. or objection was heard. No comment Council Comment/Action Member Smith made a motion granting prel-ry plat approval for the Granger Addition, subject to: 1) final plat approval and 2) subdivision dedication. Motion was seconded by Member Kelly. Member Smith stated he would support the proposed subdivision for the following reasons: 1) the proposed lot sizes are not different from the way the neighborhood to the south and east are arranged, 2) elimination of access off Vernon Avenue, and 3) the neighbors agree that what is proposed is consistent with the existing neighborhood. Member Kelly said she believed there was a certain degree of hardship imposed on the property when the City acquired the right of way footage for Johnson Drive. Further, the lots in Edina Highlands are not comparable and she would support granting the variances as the proposed lots relate more to the properties east of Johnson Drive. Mayor Richards asked Mr. Granger, if preliminary approval is granted, when the existing building would be removed. Mr. Granger responded that the house would be moved off the lot in April and a developer would put the lots up for sale immediately thereafter with construction, hopefully, to start in the spring. Mayor Richards observed that, because of the variances involved, findings and reasons in written form should be drafted in support if the Council consensus was to approve the preliminary plat. He recommended continuing the public hearing so that written findings could be considered. I Member Smith said he concurred and withdrew the motion on the floor; Member Kelly then withdrew her second. Member Smith made a motion to continue the public hearing on the Granger Addition to February 16, 1993, and to direct staff to prepare findings and reasons in support of preliminary plat approval. Motion was seconded by Member Kelly. . 1 / 28/93 Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CONDITIONAL USE PEJWIT GRANTED FOR BUILDING ADDITION - CROSS VIEW LUTBERBN CWRCH (6645 MCCAULEY TRAIL) placed on file. Affidavits of notice were presented, approved and ordered Presentation bv Planner Planner Larsen presented the request of Cross View Lutheran Church, 6645 McCauley Trail, for a conditional use permit for building addition. He reminded Council that on September 8, 1992, a conditional use permit was granted to expand the Cross View Lutheran Church parking lot. The parking lot expansion was sized to provide a total of 228 parking spaces for the proposed building addition, which is 78 spaces above code minimums. and the landscaping has been installed. The parking lot addition has been completed The requested conditional use permit would allow construction of a two level addition to the east side of the existing church. The addition would have a total area of 10,140 square feet, 5160 square feet of which would be in the upper level. expansion of the sanctuary anticipated under this permit. The 228 parking spaces would support a sanctuary of 450 seats. 78 spaces available to support concurrent activities. Additional classroom and meeting space would be provided with no At one space per three seats, there are The proposed addition would be finished with face brick to match the existing building. Ordinance. At its meeting of January 6, 1993, the Planning Commission recommended approval of the conditional use permit as presented. The addition would comply with all requirements of the Zoning Member Smith asked if affected neighbors were notified of the public hearing. Planner Larsen responded that all neighbors within a 500 foot radius were sent notice ten days prior to this meeting. Presentation bv Proponent Charles Sedgewick said he was the building construction chairman for Crossview Lutheran Church and told the Council that neighborhood comments have been positive regarding the parking lot and the landscaping to date, open areas and some additional plantings will be completed next spring. driveway openings will also be completed when the weather permits. Seeding of the Access Mr. Sedgewick answered Member Rice that concurrent services in the sanctuary and chapel are generally not scheduled and the proposed addition is basically an education wing with one small section identified as a chapel that could be used for a baptism or small funeral. fully funded and when the weather permits all work that was begun in the fall of 1992 would be completed. maximum, multiple worship services may be added but parking should be no problem because it is over-spaced. He responded to Member Smith that the project is Because the sanctuary seating of 450 persons is Public Comment Mayor Richards then called for public comment on the request for the conditional use permit. No public comment was heard. Council Action Member Smith then introduced the following resolution and moved adoption: WHEREAS, the procedural requirements of Code Section 850 (the Zoning Ordinance) have been met; and WHEXElS, it has been determined that the Findings as required by Code Section RESOLUTION GRANTING CONDITIONAL USE PERMIT 8.2 1/20/93 No. 850 have been satisfied; NOW, THEaEpoBE, BE IT BESOLVEI) that the Edina City Council hereby grants 8 Conditional Use Permit to Crossviev Lutheran Church, 6645 McCauley Trail, for building addition. Motion was seconded by Member Kelly. I Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. ORDIJUNCE NO. 1993-1 ADOPTED AMENDING CITY CODE BY REPEXLING SUBSECTION 900.22 (AUTOMATIC TERMINATION OF PROVISION AILOWING THE SALE OF INTOXICATING MALT LIQUOR): SECOND READING WAIVED March 1991, the Council amended the liquor ordinance to permit the sale of intoxicating malt liquor in restaurants possessing an on-sale wine license. 1991 ordinance amendment contained a sunset provision which automatically terminated the sale of intoxicating malt liquor on April 1, 1993. was to provide a trial period during which time any adverse consequences of permitting the sale of intoxicating malt liquor could be assessed. Assistant Manager Hughes reminded Council that in The The purpose At present, 14 restaurants in Edina possess the licenses necessary to serve intoxicating malt liquor. According to the Police Department, no violations with respect to the sale of intoxicating malt liquor have been noted since adoption of the 1991 amendment. provided in Section 900.22 of the City Code. Member Kelly moved adoption of Ordinance No. 1993-1 as follows, with waiver of second reading : Staff would recommend repeal of the sunset provision as ORDINANCE NO. 1993-1 I AN ORDINANCE AMENDING THE CITY CODE BY REPEBLING AILOWING THE SALE OF INTOXICATING MALT LIQUOR) SUBSECTION 900.22 (AUTOMATIC TERMINATION OF PROVISION THE CITY COUHCIL OF THE CITY OF EDINA ORDAJ3S: Section 1. in its entirety. Section 2. passage and publication. Subsection 900.22 of Section 900 of the City Code is repealed This ordhance shall be in full force and effect upon its ATTEST : City Clerk Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. *BID AWARDED FOR TRAFFIC SIGNS by Member Smith for award of bid for traffic signs to Lyle Signs, Inc., at $5,988.92 through Hennepin County Contract 245483-232. Motion vas made by Member Kelly and was seconded Motion carried on rollcall vote - five ayes. *BID AWARDED FOR TRAFFIC PAINT Motion was made by Member Kelly and vas seconded by Member Smith for award of bid for traffic paint to Centerline Ind., Inc., at $8,905.76 through Hennepin County Contract 345982-232. Motion carried on rollcall vote - five ayes. 1 / 20 / 93 I I I - 83 . ..~ RESOLUTIONS ADOPTED FOR CITY ACQUISITION OF TWO PARCELS OF TAX FORFEIT LAND FOR OPEN SPACE AND STREET PURPOSES information and recommendations concerning three parcels on Hennepin County List 788-NC of tax forfeit land dated 11/03/92: Planner Larsen presented the following Prime Professional Center - Outlot B (30-117-21-23-0041) The parcel is a remnant of the Prime Professional Center development. Since it was separated from the main parcel by Lincoln Drive it was platted as an outlot. to the east is City owned. Cemetery and on the east by Van Valkenburg Park. driveway easement across the property. property from the cemetery in the future this parcel would be of value, would recommend acquisition for open space purposes without cost to the City. Outlot C immediately The parcel is bounded on the north by Grandview Grandview Cemetery has a If the City were to acquire additional Staff Member Kelly introduced the following resolution and moved adoption: RESOLUTION FOR ACQUISITION OF TAX FORFEIT LAND BE IT RESOLVED by the City Council of the City of Edina that the City Attorney be. authorized and directed to file "Application by Governmental Subdivision for Conveyance of Tax Forfeited Lands", for the following described property contained in Hennepin County Auditor's List 788-NC, said property to be used by the City as hereafter set forth: ADOPTED this 20th day of January 1993. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . Property ID 30-117-21-23-0041 - Open space. Indian Hills 3rd Addition - Outlot A (06-116-21-21-0073) The arcel cont entry monument for the Timber Trail neighborhood south of McCauley Trail. in the Normally, the City would not accept an entry monument and the expense of its maintenance.. However, since this monument is in the middle of the street it could create problems for the City in the future. association for the Timber Trail area. public street purposes at no cost to the City. Mayor Richards commented that he felt that any maintenance of the monument should not be borne by the taxpayers. assessed back to the properties on Timber Trail. Attorney Gilligan answered that Chapter 429 of the state statutes provides for such procedure. There is no neighborhood Staff would recommend acquisition for Member Smith asked if any such costs could be Member Smith introduced the following resolution and moved adoption: RESOLUTION FOB ACQUISITION OF TAX FORFEIT LBND BE IT RESOLVED by the City Council of the City of Edina that the City Attorney be authorized and directed to file "Application by Governmental Subdivision for Conveyance of Tax Forfeited Lands", for the following described property contained in Hennepin County Auditor's List 788-NC, said property to be used by the City as hereafter set forth: ADOPTED this 20th day of January 1993. Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . ' Property ID 06-116-21-21-0073 - Public street. Indian Hills 3rd Addition - Outlot B (06-116-21-21-0074) The parcel, measuring about 30 feet by 43 feet, is adjacent to Timber Trail and the pond running along the rear yards of the double bungalows on McCauley Trail, why this outlot was created and why it is not covered by drainage and utility It is unclear as to 84 1/20/93 were auctioned to a or use proposal which the property to easements that affect the adjoining land. If the property private party the City could face some sort of development would be inappropriate and the City could be forced to buy prevent the use. the City, as part of the ponding area. The Council discussed the following issues: 1) cost of special assessment to City for street improvements if acquired, 2) liability if the pond filled or flooded, 3) sale to adjacent property owners at 6301 or 6305 Timber Trail, and 4) whether any portion of the property is public water. I Staff would recommend acquisition as open space, at no cost to Member Kelly made a motion to continue the matter to February 1, 1993, so that staff could respond to the issues raised by Council. Member Paulus . Motion was seconded by Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. STRATEGIC PLANNING RETREAT SET FOR APRIL 17. 1993 at the last meeting Council requested that alternate dates be provided for a Strategic Planning Retreat this winter or spring. Rosland and Assistant Manager Hughes the tentative dates selected were Saturday, March 20 or Saturday, April 17 with the focus to be traffic and related issues. Mayor Richards recalled that After meeting with Manager Member Kelly made a motion to set April 17, 1993, for the Strategic Planning Retreat, from 8:OO A.M. to 12:OO Noon vith the focus on traffic and related issues. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. AIRPORT ISSUES TO BE DISCUSSED UITE CITIES OF RICHFIELD AND BLOOIENGTON Mayor Richards advised the Council that a meeting has been scheduled with the mayors and managers of the cities of Richfield and Bloomington to discuss the current status of the airport issues. on February 1. A report of the meeting will be given to Council *HEARING DATE OF 2/16/93 SET FOR VACATION OF UTILITP. DRBIHBGE AND CONSERVATION RESTRICTION EBsE"TS ON UIT 1, BMCK 1. PETER ANDREA ADDITION AND ON MT 1, BLOCK 1. JYLAND WHITNFX ADDITION) seconded by Member Smith for adoption of the following resolution: Motion vas made by Member Kelly and was RESOLUTION cB1w3NG FOR PUBLIC HEBRING ON VACATION OF UTILITY BND DRAINAGE EASEMENT AND CONSEXVATION RESTRICTION EBSEMENT BE IT RESOLVED by the City Council of the City of Edina, Hennepin County Minnesota, as follows: 1. of land affected thereby that the following described easements for utility and drainage purposes and conservation restriction should be considered for vacation, in accordance vith the provisions of Minnesota Statutes, Sections 412.851 and 160.29 : It is hereby found and determined after receipt of the petition of the owner Utilitv and Drainage Easement That part of Lot 1, Block 1, JYIAND WHITNESI ADDITION and that part of Lot 1, Block 1, PETER ANDREA ADDITION, Hennepin County, Minnesota, described as being 5.00 feet on each side of the following described line: Beginning at the southwest corner of said Lot 1, Block 1, JYIAND UHIT€?EY ADDITION; thence northerly, along the west line of said Lot 1, a distance of 46.75 feet, to an angle point in said west line; thence northeasterly, along the northwesterly line of said Lot I, a distance of 153.65 feet to the northwest corner of said Ut 1 and said line there terminating, except the south 10.00 feet of said 1/20/93 c 85 Lot 1 and except the most southeasterly 10.00 feet and the north 5.00 feet of Lot 1, Block 1, said PETER ANDREA ADDITION and except that part of Lot 1, Block 1 said JYLAND WHITNEY ADDITION lying northerly of the following described line: Beginning at a point on the northwesterly line of Lot 1, Block 1, said JYLAND WHITNEY ADDITION, distant 24.00 feet southwesterly of the northwest corner thereof; thence easterly, parallel with the north line of said Lot 1, a distance of 70.00 feet and said line there terminating. Utilitv and Drainane Easement That part of Lot 1, Block 1, PETER ANDREA ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows: That part of said Lot 1 lying northeasterly of a line drawn from a point on the east line of said Lot 1, distant 105.00 feet southwest of the northeast corner of said Lot 1, to a point on the north line of said Lot 1, distant 142.00 feet west of the northeast corner. thereof and there terminating, and also the north 35.00 feet of said Lot 1, as measured at right angles to the north line of said Lot 1, which-lies westerly of the first above described line, except the north 5.00 feet and the west 5.00 feet of said Lot 1. Conservation Restriction Easement Easement area is over that part of Lot 1, Block 1, PETER ANDREA ADDITION, lying northeasterly of a line drawn from a point on the east line of said Lot 1, distant 105.00 feet southwest of the northeast corner thereof, to a point on the north line of said Lot 1, distant 142.00 feet west of the northeast corner thereof and there terminating, and also that part of the north 35.00 feet, as measured at right angles to the north line of said Lot, which lies westerly of the above described line, Hennepin County, Minnesota, and recorded as Document No. 2239526. 2. 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 week for two weeks, in the Edina Sun-Current, being the official newspaper 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 conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. This Council shall meet at the time and place specified in the form of notice Such notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON VACATION OF DRBINBGE AND UTILITY EBSEMENTS AND CONSIBVATION RESTRICTION EASEMENT IN THE CITY OF EDINA, HENNEPIN COUNTP, MINNESOTA NOTICE IS HEREBY 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 February 16, 1993, at 7:OO P.M. for the purpose of holding a public hearing on the proposed vacation of the following easements for drainage, utility and conservation restriction purposes: All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation,or municipality owning or controlling electric, telephone or cable television poles and lines; gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to contiwe maintaining the same or to enter upon such easement area or portion (Same as legal description in paragraph 1 above) 86 1/20/93 thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easement, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDEX OF THE EDINA CITY COUNCIL Marcella M. Daehn City Clerk Motion carried on rollcall vote - five ayes. *RESOLUTIONS ADOPTED FOR ASSIG"T OF SECURITIES IN I;liEu OF BOND Motion was made by Member Kelly and vas seconded by Member Smith for adoption of the following resolutions: WSOLUTION APPROVING ASSIGNMENT OF SECURITIES BE IT RESOLVED that the City Council of the City of Edina, Minnesota approves the assignment by its depository, Marquette Bank Minneapolis, of the following securities, as good and sufficient collateral for the City of Edina Public Funds deposited in said depository: Due Par Value Description - Rate - Federal Home Loan Bank 5.496 01/02/9 6 $850,000.00 US Treasury Notes 4.875 01/31/94 $230,000.00 IN LIEU OF BOND - MARQUETTE BANK MINNEAPOLIS RESOLUTION APPROVING ASSIGNMENT OF SECURITIES BE IT RESOLVED that the City Council ofthe City of Edina, Minnesota approves the assignment by its depository, First Bank National Association, of the following securities, as good and sufficient collateral for the City of Edina Public Funds deposited in said depository: Due Par Value Des CriDt ion Rate - US Treasury 7 1/4 Note 693 7.250 7/15/93 $3,760,000.00 IN LIEU OF BOND - FIRST BANK NATIONAL ASSOCIATION I Motion carried on rollcall vote - 5 ayes. *CLAIMS PAID approve payment of the following claims as shown in detail on the Check Register dated January 14, 1993, and consisting of 25 pages: General Fund $1,787,966.45; GDBG $49,810.78; Cable $19,677.82; Working Capital Fund $6,315.32; Art Center $2,426.49; Pool $373.21; Golf Course $354,504.66; Arena $14,989.55; GM Range $608.45; Edinborough/Centennial Lakes $25,250.23; Utilities $155,419.09; Storm Sewer $255,857.10; Liquor Dispensary $117,365.62; Construction Fund $24,943.82; IMP Bond Redemption #2 $266,280.04; TOTAL $3,081,788.63. Motion carried on rollcall vote - five ayes. Motion was made by Member Kelly and vas seconded by Member Smith to There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:05 P.M. City Clerk