HomeMy WebLinkAbout19930201_regularc 87
KlIUTES
OF THE REGUIAR MEETING OF TBE
KDIIUA CITY COmJCIL BELD AT CITY HLu;L
FEBRUARY 1, 1993
ROIUAU Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
I
CONSENT AGENDA ITEMS APPROVED
by Member Smith to approve and adopt the Council Consent Agenda items as
presented.
Motion vas made by Member Kelly and vas seconded
Rollcall: .
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
EDRQ6. HIGH SCHOOL CONCERT BAND DAY PROCIAIMED
proclamation which was unanimaasly adopted and presented to William Webb, band
conductor, and members of the concert band:
WEERlWS, the Edina High School Concert Band has continuously rehearsed and
performed since the founding of Edina High School in 1949; and
WEERlWS, the Band's first concert vas performed in Spring, 1950; and
WHEREAS, under the inspired leadership of its conductors, Butler Eitel, Edward
Melichar, Robert Elledge, and William A. Webb, the Band has achieved a record of
39 consecutive years of First Division ratings at the Minnesota State Band
Contest; and
WHEREAS, a First Division rating is the highest achievable by a high school band
in the state of Minnesota; and
WHEREAS, this year the Band celebrates the 40th anniversary of its remarkable
Pops Concerts, which have entertained more than a quarter million delighted
listeners during its venerable history; and
WHEREAS, the more than 3,500 musicians who have enriched the Band's heritage and
history have time and again achieved local and national acclaim.
NOW, TBESI1EFORI3, I, Frederick S. Richards, as Mayor of the City of Edina, do
hereby proclaim the Nineteenth day of February, 1993, to be
in the City of Edina and urge all Edina residents to join with me this month in
recognizing this extraordinary Edina institution.
Mayor Richards read the follaving
PROCIAHATION
EDIIUA HIGH SCHOOL CONCERT BAND DAY
*MINUTJB OF YEAR END MEETING OF DECEMBER 30. 1992 AND REGULAR MEETING OF
JAJ!TUARY 20. 1993 APPROVED Motion was made by Member Kelly and vas seconded by
Member Smith to approve the mirmtes of the year end meeting of December 30, 1992,
and regular meeting of January 20, 1993.
Motion carried on rollcall vote - five ayes.
PRELIMINARY PLAT DENIED FOR GARHAAS ADDITION. WT 15 SK!tIJNE (5129 SK!tIJNE DRIVE1
Planner Larsen reminded Council that the subject property is a developed single
dwelling family lot with an area of 49,450 square feet.
5128 Skyline Drive is located in the southeasterly corner of the property. The
proponents, Nancy Garnaas and Kevin McTigue, have submitted a request to
subdivide the property and to create one new lot.
The existing home at
Planner Larsen recalled that the Council heard the subdivision request on
January 4, 1993, and at the proponents' request had continued the hearing in
order to research additional information from the DNR.
has been provided to staff by either the proponents or the neighborhood.
Mayor Richards stated that a packet of materials had been delivered directly to
the Council Members by the proponents consisting of a colored graphic showing the
He noted that nothing new .
88 2/1/93
configuration of surrounding lots
and related data for the 500 foot
available.
and a two-page letter with attached graphics
neighborhood and copies would be made
Presentation bv Proponents
Jerry Carroll, representing the proponents, said that the proponents bought the
subject property in 1988 when the old zoning ordinance with respect to variances
was in effect.
application for a variance would not have had to meet all the requirements of the
current ordinance.
variance that is more than a mere inconvenience or whether it is something that
was created by the applicants.
making this application for the variance and showing to the Council the fact that
the specifications for each of the two lots far exceed the other lots with the
exception of one item - that being lot width - which can hardly be characterized
as an inconvenience.
Under the terms and conditions of the old zoning ordinance the
It goes to the issue of whether this is an application for a
The proponents have put time and effort into
Mr. Carroll elaborated that the proponents are entitled to the variance because
of these findings as required by the ordinance:
1) The hardship is due to the particular physical surroundings, shape or
topographical condition of the land. If the subject lot were measured in a
different location or had it been so many feetwider than it is now there would
be no need to ask for a variance. The reason for the variance provision in the
ordinance is so that the Council can reasonably look at a situation and determine
whether the area, the neighborhood, the plat is going to be harmed; whether the
end result would meet the categories of symmetry and character of the lots in
neighborhood and in the plat.
plat of Skyline.
2) The condition or conditions upon which the request for a variance is based are
unique to this property and not generally applicable to other property. When the
subject lot is subdivided as proposed, it is in area almost double the size of
other lots in the area - it is far in excess of the median length. The variance
is only for lot width and the new lot is surrounded on three sides by park area.
He noted that there are no symmetrical lots in the
3) The hardship is caused by Code Section 810 and not by the applicants.
Hardship as such is created by this section in that the prior ordinance did not
require these items of proof.
4) The variance will result in an improved plat or subdivision. Based upon the
applicants' proposal to create a new lot and through dedication or easement grant
the use of the park path (which encroaches on their property) by the public and
the City of Edina will very much improve the plat of Skyline. There will be no
detriment to the plat of Skyline because the property is at the end of the
cul-de-sac and only one or two of the residents on Skyline Drive will see the new
house.
5) The variance, if granted, will not alter the essential character of the land
within the plat or subdivision or in the neighborhood.
use it for residential purposes and the character of the lots in the area would
not be changed in any manner.
The applicants intend to
In conclusion, Mr. Carroll recalled that at the last meeting the proponents
indicated that they would investigate the DNR requirements for the City's
acquisition of the park path.
with the DNR on this issue.
He informed Council that City staff has talked
Kevin McTigue, proponent, commented that he and his wife entered the process in
2/1/93
good faith, felt that the proposed subdivision would benefit the neighborhood as
a whole and planned to be life-long residents of Edina. They have spent a lot of
time attending Park Board, Planning Commission and Council meetings and
considerable money on a surveyor and one of the best architects so that the house
they are proposing would fit with the symmetry and character of the neighborhood. I
It was only after the Planning Commission did not recommend approval of the
subdivision that they sought counsel. Three staff reports have been positive and
have stated that a hardship exists.
encouragement from Planning Commission members they decided to proceed. Had they
not been given those kinds of encouragement, they would never have proceeded with
the proposed subdivision.
With this in mind and because of the
Mr. McTigue pointed out that Skyline Drive is in the shape of a half-moon and as
lot width is measured 50 feet into the lot, the houses on Skyline have their
widest point at the front of the lot.
the street on a cul-de-sac on a pie shaped lot, the narrowest part of their lot
is located at the front of their lot. Therefore, when width is measured in that
neighborhood, the smallest part of their lot is measured against the largest part
of the neighbors' lots. At the widest point, their lot measures 272 feet or 22
feet in excess of median width requirement.
Because they are situated at the end of
Mr. McTigue stated they strongly supported the Council being selective about the
issuance of variances but noted that the intent of the variance ordinance was to
guard against massing or crowding of homes in the City.
because of the park on three sides, their new house would be approximately 300 to
400 feet from existing homes. With the help of graphics, Mr. McTigue pointed out
that the lots on Skyline Drive directly affected would require variances were
they building today. In answer to a previous inference that they donate the park
path to the City, Mr. McTigue said that, if they donated the 4,000 square feet
and the ordinance requirements are changed, they might exclude themselves from
any future subdivision. Also, if they granted an easement for public use of the
path they would have underlying legal responsibility and their insurance premiums
would probably escalate.
He submitted that,
Mr. McTigue said this has been a difficult time for them, emotionally,
economically and time-wise, and for their neighbors as well. He mentioned that
his vocation has always been in government, and that he understands the dilemma
when difficult decisions have to be made. He has learned that policy is made to
insure that people are treated equitably but has also learned that on occasion
exceptions are made to the spirit and intent of a set policy. He submitted that
there is only one other lot in Edina that has park land on three sides and that
is not of sufficient size for subdivision. Accordingly, the Council can easily
say that the*proponents' lot is unique and unusual and the circumstances warrant
granting the variance. In conclusion, he said they are willing to commit to the
home that has been designed for them by Mr. Skagerberg with reasonable
restrictions and intend to live there.
Nancy Garnaas added that both she and her husband deal more with feelings than
believed that hardship has been demonstrated because this is an unusual piece of
property.
. facts and questioned each step of the process intensely before going on. She
Public Comment
Michael Dwyer, stated that he was a partner of Jim Swenson, attorney for the
neighborhood, and would speak for the neighborhood in Mr. Swenson's absence. He
said they were under the impression that this continued hearing would be of a
limited nature. He objected to the presentations made and reminded Council that
the reason the hearing was continued was so that the applicants could present
90 2/1/93
information from the DNR.
to who in Edina will this application harm in terms of the variance being
granted.
The question was raised by the applicants' counsel as
He submitted that it would harm everyone.
Mr. Dwyer told Council that he serves on the Planning Commission for Mendota
Heights.
keeping score.
further requests is eroded.
Edina as it is the largest one ever to come before the Council.
stating that there is no evidence of a hardship in this case other than that
created by the applicant.
knowledge of the lot width requirements. He asked that the Council deny the
variance.
Bruce Blackey, 5104 Skyline Drive, asked that the Council consider the topography
of lots on Skyline Drive.
discovered the depth of his lot to be 250 feet.
feet and then it falls to a significant 1:l drop which would be difficult to
build on.
of the neighborhood.
sure the new home will fit in accordance with the other homes on that side of
Skyline Drive.
Every time the commission recommends granting a variance someone is
As precedents are established the City's ability to control
No variance of this size has ever been granted in
He concluded by
When they buy a piece of land they are deemed to have
He said he had his lot surveyed recently and
Usable space is only about 125
Similar lots exist on Skyline which add to the quality and character
If the variance is granted he asked that the Council make
Council Comment/Action
In response to Member Smith, Engineer Hoffman said that after talking with the
DNR he believed the path issue was not related to the subdivision issue. When
asked about moving the path westerly onto public property by trimming and
cutting, their answer was yes - and because they encourage nature trails in those
types of environments the DNR may possibly allow some fill although it does not
appear necessary unless there were unusually high water conditions.
Member Rice submitted the following comments on the proposal.
meeting the consensus was that the proposed variances were excessive and the
proponents were asked to consider changes.
not make any changes to their proposal.
neighborhood, i.e. cul-de-sac snow removal, character, parking, etc., they do not
hold up. The subject lot is gigantic and should the existing home cease to be
for some reason, a house that may be more onerous could be constructed.
the lot has park land on three sides, a sideyard setback could be looked at
differently than if there were a home immediately to the west.
that, although he was not in favor of the proposal as it stands, it may not be as
preposterous as some think.
the applicants that they were "encouraged" at the Planning Commission level to
proceed.
I At the last
They have indicated that they could
After analysis'of arguments made by the
Because
Member Rice said
He asked for clarification of the inference made by
Member Smith said he concurred with Member Rice that this lot is unique because
of the park land on the one side and after walking the area he, too, questioned
some of the objections made by the neighborhood.
not so large he could favor the proposal because of the proximity of the park
land. .
If the requested variances were
Member Paulus commented that to be in favor of the subdivision the variances will
have to be granted. While i't is difficult to understand the original developer's
reason for leaving the large chunk of land at the end of the development, pieces
of undeveloped land such as this are rare and will not remain virgin woods for
long. During the whole process, the proponents have communicated their
intentions and this property will always have a width problem because of the
location of the cul-de-sac.
and suggested the record show the reason they were approved was because of the
'I
She would support the subdivision with the variances
2/1/93 c 91
uniqueness of the property.
Mayor Richards observed that this is a fully developed piece of property in the
Skyline plat.
a hardship has shown other than that the requirements of the existing ordinance
do not allow a new home to be built on the new lot.
He said he would not support the proposal because he does not feel
Member Kelly commented that within Edina there are many unique developments.
While this property has unique topography and characteristics, she could not
support the large variances requested.
.
Mayor Richards submitted that, unless the Council Members felt this matter should
be continued for additional information, it was incumbent to take action on the
request for preliminary plat approval.
Member Smith then moved preliminnry plat approval of the Garnass Addition as
presented, conditioned upon: 1) Developer's agreement to provide for the siting
and type of house to be constructed on the nev lot, and 2) Dedication of land to
the City sufficient to maintain the existing path.
Paulus . Motion was seconded by Member
Rollcall :
Ayes: Paulus, Smith
Nays: Kelly, Rice, Richards
Motion failed.
FINAL PLAT APPROVED FOR MAJXK DUUIST ADDITION (LOT 11. AUDITOR'S SUBDIVISION
NO. 324)
Presentation by Planner
Planner Larsen presented the request for final plat approval of the Mark Dalquist
Addition.
vacant land with one dwelling unit in the far southwesterly corner.
December 21, 1992 meeting, Council granted preliminary plat approval for the five
lot subdivision.
Creek Watershed District on January 26, 1993.
executed and the appropriate bond has been submitted to the City Engineer.
recommended conservation easement would require the maintenance of natural
conditions 25 feet upland from the ordinary high water mark and open space
conditions for the remaining 75 feet.
would allow the area to be landscaped and maintained as yard area for the new
homes.
He recalled that the subject property is approximately 10.5 acres of
At the
The developers received a grading permit from the Nine Mile
A developer's agreement has been
The
Open space does not allow buildings but
The Planning Commission and staff would recommend final plat approval conditioned
on: 1) Developer's agreement, 2) Executed and recorded conservation easement,'
3) Subdivision dedication based on an unimproved land value of $600,000, and
4) Installation of coniferous landscaping screening along the southerly property
line.
Public Comment
audience. No comment was heard.
Mayor Richards then called for comments or objections from the
Council Comment/Action
Member Rice asked if structures like swing sets or tennis courts would be allowed
within the 25 foot conservation easement. Planner Larsen said permanent
structures would be prohibited without Council permission.
Mayor Richards asked if the neighbors were informed of the Nine Creek Watershed
District meeting. Ron Clark, CDS Partners, responded that several neighbors were
in attendance at the meeting and the District gave unanimous approval for the
grading permit.
2/1/93
JL
With regard to the coniferous landscaping screening along the southerly property
line, Mayor Richards asked if a minimum size had been specified. Planner Larsen
said this has been worked out privately by a letter of agreement between David
Schall and representatives of the home to the south of the Schall home.
Smith asked that the agreement letter be incorporated within the developer's
agreement.
Maber Smith introduced the folloving resolution and moved adoption, subject to:
1) Developer's agreement, 2) Ekecuted and recorded conservation easement,
3) Subdivision dedication fee of $48,000, and 4) Installation of coniferous
landscaping screening along the southerly property line:
Member
.
Mr. Clark said the proponents would have no problem with that.
BESOLUTION GRANTING FINAL PIAT APPROVAL
FOR HARK DALQUIST ADDlTIOH
BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, that that
certain plat entitled "HARK DAT.A)UIST ADDITIOR", platted by CDS Partners, a
Minnesota general partnership, and Eastern Heights State Bank of St. Pad., a
Minnesota corporation, and presented at the regular meeting of the City Council
of February 1, 1993, be and is hereby granted final plat approval.
Motion was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
.
*LOT DIVISION APPROVED - 6449 HCCAULEY TRAIL. 6453 MCCAUTXY TRAIL Motion -8
made by Member Kelly and was seconded by Member smith for adoption of the
following resolution:
WEEREAS, the following described property is at present a single tract of land:
VHEBEBS. the owner has requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follous:
RESOLUTIOH
I Lot 3, Block 1, McCauley Heights, 8th Addition, and
All that part of Lot 3, Block 1, McCauley Heights 8th Addition, Henneph
County, Minnesota, lying South of a line described as follous:
Beginning at a point on the West line of said Lot 3 a distance of
57.4 feet North of the most Southvest corner of said Lot 3 (North
3 degrees 36' 13" East assumed bearing of the West line of said Lot 3).
The point of beginning of the line to be described, thence South
87 degrees 34' 27" East to the Easterly line of said Lot 3 and there
terminating, and
All that part of Lot 3, Block-1, McCaUley Heights 8th Addition, Hennepin
County, Minnesota, lying North of a line described as follows:
Beginning at a point on the West line of said Lot 3 a distance of
57.4 feet North of the most Southwest corner of said Lot 3 (North
3 degrees 36' 13" East assumed bearing of the Vest line of said Lot 3).
The point of beginning of the line to be described, thence South
87 degrees 34' 27" East to the Easterly line of said Lot 3 and there
terminating.
thereof.
Subject to a driveway easement Over the West 20 feet
VBEBEBS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance vith the subdivision and zoning regulations
of the City of Edina vi11 create an unnecessary hardship and said Parcels as
separate tracts of land do not interfere with the purpose of the subdivision and
zoning regulations as contained in the City of Edina Code Sections 850 and 810;
NOU, THEBEFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby appraved and the requirements and provisions of
Code Sections 850 and 810 are hereby waived to allor said division and conveyance
thereof as separate tracts of land, but only to the extent pedtted under Code
2/1/93
Section 810 and Code Section 850 and subject to the limitations set out in Code
Section 850 and said Code Sections are not waived for any other purpose or as to
any other provisions thereof, and further subject, however, to the provision that
no further subdivision be made of said Parcels unless made in compliance with the
pertinent ordinances of the City of Edina or vith the prior approval of this
Council as may be provided for by those ordinances.
Resolution adopted on rollcall vote - five ayes.
I
*=ING DATES SET FOR PLANNING MATTERS Motion vas made by Member Kelly and vas
seconded by Member Smith setting February 16, 1993 as hearing date for the
following Planning matters:
1.
2.
Planned Office District - POD-1 to Automobile Parking District, APD BTO
Development/Fairviev Development Corporation, 6400 France Avenue
Final Development Plan - 6975 York Avenue South, Semper Holdings/Palgreens
Motion carried on rollcall vote - five ayes.
BUILDING PERMIT MOVING PEE CBAI;LENGED Kenneth R. Ernst, President of the
Minnesota Building Movers Association (MBMA), spoke to his letter of January 15,
1993, in which he expressed concern with the high permit fees being charged by
the City for wide loads passing through Edina on city streets. He introduced
William Doepke, long time member of MBMA and a resident of Edina. Mr. Ernst
pointed out that building movers are some of the nation's largest recyclers of
materials and in order to do this the method needs to be practical and
affordable. In the future they see dozens of houses requiring removal in
Richfield and the south Minneapolis area that would end up as lake homes, on a
farm or in a small town.
do not want to pay a $206.00 permit fee for each move. Further, the cities of
Minneapolis, Bloomington and Eden Prairie do not charge for pass-through city
permits.
Minnesota charges $15.00 for anywhere in the state.
It was noted that John Schirmang, Building Official, had submitted data in
support of the City's building moving permit fee in which he documented problems
the City has experienced in the past with movers that caused damage. The report
concluded that even at the permit fee of $206.00 the City may not recover all
expenses.
MBMA members does not object to obtaining a permit but
Hennepin County charges $15.00 to go anywhere and the State of I
Mr. Doepke explained that while there are 70-80 housemovers in the state, only
15-20 are members of the Minnesota Building Movers Association.
attempting to build morale, customer relations and self-policing. He said the
movers that do not belong to the MBMA are the ones creating the problems.
suggested the City not give permits to those who are not responsible.
The MBMA is
He
Mayor Richards commented that this is similar to a user fee whereby the cost is
paid by those who are users rather than by the taxpayers. It was the consensus
of the Council that if the MBMA submitted alternatives to staff, i.e. pass-
through permit, bond, deposit etc., Council would be willing to consider such
proposal if the City interests were protected.
*BID AWARDED FOR FILTRATION SYSTEM FOR ZERO DEPTH POOL Motion was made by Member
Kelly and was seconded by Member Smith for award of bid for filtration system for
zero depth pool to recommended low bidder, USA Aquatics, at $9,186.00.
Motion carried on rollcall vote - five ayes.
93
*BID AWARDED FOR ENGII!EWMG COMPELZR WORK STATION Motion was made by Member
Kelly and vas seconded by Member Smith for award of bid for an engineering
computer work state to recommended low bidder, Office Products of Minnesota, at
$8,572.67.
Motion carried on rollcall vote - five ayes.
2/1/93
RESOLUTIO?!t ADOPTED TO ACOUIRE TAX FORFEIT LAND PARCEL ON TIMBER TRAIL FOR PUBTJC
WATER USE
concerning the following parcel located on Timber Trail as listed on Hennepin
County List 788-NC of tax forfeit land dated 11/03/92:
Indian Hills 3rd Addition - Outlot B (06-116-21-21-0074) The subject parcel
measures about 30 feet by 43 feet and is adjacent to Timber Trail.
at the January 20, 1993, meeting included possible sale to adjacent property
owners if interested in acquiring the parcel and whether any part of the parcel
is public water.
determine if any of the property was within the ponding area.
the parcel is almost entirely within the normal pond elevation.
public water under the control of the DNR.
water body, staff would recommend that the City acquire the property for public
water use,
Planner Larsen presented the following information and recommendation
I Issues raised
After that meeting, City surveyors surveyed the parcel to
They found that
The pond is a
Since the parcel is part of a public
Member Smith introduced the folloving resolution and moved adoption:
RESOLUTION FOB ACQUISITION OF TAX FOBFEIT IAND
BE IT RESOLVED by the City Council of the City oE Edina that the City Attorney be
authorized and directed to file "Application by Governmenntl Subdivision for
Conveyance of Tax Forfeited Lands", for the folloving described property
contained in Hennepb County Auditor's List 788-NC, said property to be used by
the City as hereafter set forth:
ADOPTED this 1st of February, 1993.
Property ID 06-116-21-21-0074 - Open space.
Motion was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted . I FIRST READING GRBNTED FOR ORDINANCE NO. 1993-2 - AHENDING SECTION 185 OF CITY
CODE TO INCREASE FEE FOR TOBACCO ShLE LICENSES Sanitarian Velde recalled that at
the December 21, 1992, meeting a tobacco sales enforcement report was presented
for discussion. The Council asked for recommendation from the Community Health
Services Advisory Committee. On January 27, 1993, the Committee met and
unanimously adopted a recommendation that the City implement a program of
monitoring tobacco product licensees to determine whether the licensees are
selling tobacco products to minors.
Specific recommendations were as follows:
The Police Department, utilizing off-duty police officers and a minor,
visit each tobacco product licensee two times each year and observe whether
the minor is able to purchase tobacco products.
If the minor is successful in purchasing tobacco products, the licensee
should be notifie'd in writing about the violation.
Licensees who sell tobacco products to a minor on two consecutive occasions
should be subject to license revocation proceedings by the City Council at
their next scheduled meeting.
The tobacco license fee should be raised to $250.00 per year to recover the
cost of issuing the license and performing the two annual inspections per
license.
All tobacco licensees should be notified about the fee increase and the
inspection activities to be undertaken by the Police Department.
The only ordinance change needed to implement this program would be a tobacco
license fee increase in Ordinance No. 185.
reading as license renewals are being sent out the second week of February.
Staff would recommend waiving second
Following discussion, Council directed staff to notify the 34 Edina licensed
retailers of the followine: 1) tobacco license fee DrODOSed to increase to
2/1/93 - 95
$250.00 per year, 2) site monitoring of tobacco sales to minors on a regular
basis, and 3) action would be taken by the Council on February 16, 1993.
Member Kelly introduced first reading of Ordinance 1993-2 as follovs:
ORDIHLWCE NO. 1993-2
lull ORDINANCE AMENDING SECTION 185 OF THE CITY CODE
TO INCBEBSE THE FEE FOR TOBACCO SALE LICEHSES
The following described fee of Schedule A to Section 185 of the
THE CITY COUNCIL OF THE CITY OF EDII?A ORDAINS:
City Code is amended to read as follows: - SEC. SWSEC. PURPOSE OF FEE/CEIARGE AH0UW.T FeE NO.
1325 1325.03 Tobacco Sale License $25O.OO/location 280
Section 2.
and publication.
Motion was seconded by Member Smith.
Section 1.
This ordinance shall be in full force and effect upon passage
Ayes: Kelly, Paulus, Rice, Smith, Richards
First Reading granted.
1992 EDIHA CHEMICAL AUARIDXSS REPORT PRESENTED
Council's review a seven page report from Jay Jaffee, Chemical Health Program
Coordinator. The ECA's accomplishments covered six areas: responsible hosting,
Minnesota Chemical Health Week, publicity and media, fund raising, Park and
Recreation, and outreach and presentations. He commended Mr. Jaffee and his
committee for making a significant impact in the Edina community in 1992.
Manager Rosland offered for
SOUTH HENNEPIN REGIONAL PLANNING AGENCY (SHeRPA) HUMAN SERVICE ISSUES APPROVES
Manager Rosland explained that on January 19, 1993, the Human Relations
Commission recommended that, with Council approval, the identified regional
issues be brought to SHeRPA in March where each of the member cities
(Bloomington, Eden Prairie, Richfield, Edina) will participate in the ranking of
planning priorities from all four cities to determine regional priorities.
noted that John Lonsbury of the Human Relations Commission was present to answer
questions.
He
The following regional issues were identified by the Human Relations Commission
to be forwarded to SHeRPA:
1)
2)
Define transportation issues concerning the poor and frail.
Investigate available after-school/vacation programs designed for children
grades 6-9 and survey the children's interests in those and other possible
activities.
Evaluate services for families in crisis, utilizing the help of survivors.
Define parenting needs and ways to improve skills through support/training.
3)
4)
In response to Mayor Richards, Mr. Lonsbury said that transportation issues were
focused on concerning the poor, the frail and the elderly because they have an
additional difficulty in terms of routes, etc. and their lack of available
alternative transportation.
of the discussions because parents who need support, assistance, help and
training, were not the parents already participating in the programs.
responsibility would be to research available programs, evaluate, analyze and
then make a recommendation as to whether the existing programs meet the needs of
those parents.
The issue of parenting seemed to be the root of most
SHeRPA's
Member Rice suggested that the issues be more objective and more clearly defined.
Member Smith made a motion to approve the four issues as presented and identified
by the Human Relations Commission and that these issues be brought to the
regional table at SHeRPA for the development of a work plan.
96 2/1/93
Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
REAPPOlXTHENTS/APPO~S HADE TO ADVISORY BOARDS. COMMISSIONS, CO-
Member Smith made a motion for consent of the Mayor's reappointments to advisory
boards/commissions/committees as follows for terms expiring 2/1/93:
Art Center Committee
Dolores Dege, Elizabeth Eisenbrey, Peter Spokes
Zonin9 Board of Appeals
Rosemary Utne
Construction Board of Appeals
Arthur Dickey, Rudy Rones
Planninn Commission (3 year term to 2/1/96)
Nan Fanst, Charles, Ingwalson, Lee Johnson
Conammitv Health Services Advisory Committee (2 year term to 2/1/95)
Douglas Lambert, Matthew Peterson, Audrey Eunyan, Patricia Smith,
Robert Wilkins
Heritage Preservation Board
John HcCauley, Herman Ratelle, Lois Wilder, Donald Uray
Human Relations Commission
Doris Barman, David Hallett, Shirley Htmt-Alez8ILder, Sharon lIing
Park Board
Beth Hall, Andrew Montgomery, Jean Rydell
Recvclinn and Solid Waste Commission
Virginia Bodine, Inna Hays
East Edina Housin~ Foundation
William Greer, Bob Schoening
Art Center
Imogene Anderson (replaced meger)
Park Board
David Crovther (replaced Christianson)
Planning Commission
Ann Svenson (replaced Shav)
Recvclinpr and Solid Waste Commission
Katherine Prey (replaced Wood)
(3 year term to 2/1/96)
(3 year term to 2/1/96)
(3 year term to 2/1/96)
(2 year terr to 2/1/95)
(3 year term to 2/1/96)
(3 year term to 2/1/96)
(2 year term to 2/1/95)
(3 year tern to 2/1/96) I and for consent of the Mayor's appointments to fill vacant positions as follows:
(3 year term to 2/1/96)
(3 year term to 2/1/96)
(3 year term to 2/1/96)
(2 year term to 2/1/95)
Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*I991 EAST EDINA HOUSIHG FO~ATION AUDIT REPORT APPROVED Motion was =de by
Member Kelly and vas seconded by Member Smith approving the 1991 East Edina
Housing Foundation audit report as presented.
Motion carried on rollcall vote - five ayes.
I-35W AND 1-494 RECONSTRUCTION DECISION PRESENTED
reported that the 1-494 Project Management Team met on January 27, 1993 and
received a packet detailing the Mn/DOT Commissioner's decision on the 1-35 and
1-494 EIS recommendations.
reconstruction of 1-494 for Council's review together with excerpts from the
Mn/DOT news release regarding the financial and legislative issues. The project
does not have financing identified for the reconstruction and Mn/DOT has stated
that none of its current and planned funding mechanisms will be used for 1-35 or
1-494. From comments by Mn/DOT and Metropolitan Council staff at the meeting, it
is clear that the five city 1-494 JPO group and private sector TMO headed by
Larry Laukka should consider working with the Legislature to encourage setting up
the funding for the local (state) portion.
Engineer Hoffman
He presented a summary of the recommendations for the
Federal funding is not in place at
2/1/93
-
I
this time either, although the new federal surface transportation act provides
regional funding.
*PETITION FOR ALLEY LIGHTING PRESEXLZD (BETWEEN XERXES AvEzmJE AND YORK AvlermJe)
REFERRED TO ENGINEERING DEPAR!WEKC Motion was made by Member Kelly and vas
seconded by Member Smith to refer the petition for alley lighting between 5844
and 5848 Xerxes Avenue and between 5841 and 5845 York Avenue to the Engineering
Department for processing.
Motion carried on rollcall vote - five ayes.
*HEARING DATE OF MARCH 1. 1993. SET FOR VACATION OF UTILITY AND DRAINAGE WEMEKC
(HARK DALOUIST ADDITION1 Motion vas made by Member Kelly and vas seconded by
Member Smith for adoption of the following resolution:
RESOLUTION CALTJNG FOR PUBLIC HEARING ON
VACATION OF EBSEKENT FOR UTILITY AND DRAINAGE PUBPOSES
BE IT RESOLVED by the City Council of the City of Ed-, Hexmepin County,
Minnesota, as follows:
1.
of land affected thereby that the following described easement for utility and
drainage purposes should be considered for vacation, in accordance vith the
provisions of Minnesota Statutes, Sections 412.851 and 160.29:
A 20 foot wide strip of land, the centerline of vhich is described as
f ollows :
Beginning at a point on the West line of Iat 11, Auditor's Subdivision
No. 325, which point is 365 feet South of the Southwest corner of Lot 1,
Block 1, Harold Woods; thence Easterly, at right angles to said West
line, a distance of 150 feet; thence Northeasterly to a point on the
centerline of Harold Woods Lane, vhich poht is the point of intersection
with a line running from the Southvest corner of Lot 2, Block 1, Harold
Woods Second Addition to the Northwest corner of Lot 1, Block 1, Harold
Woods Third Addition.
Also the West 7.5 feet of the South 305 feet of the North 630 feet of that
part of said Lot 11, Auditor's Subdivision No. 325 lying South of Harold
Woods.
It is hereby found and determined after receipt of the petition of the owners
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 and
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 UTILITY AND DRAINAGE EBSEMENT
IN THE CITY OF EDINA
HEIQXPIN COUNTP, IIIXNESOTA
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
March 1, 1993 at 7:OO P.M., for the purpose of holding a public hearing on the
proposed vacation of the following easement for utility and drainage purposes:
A 20 foot wide strip of land, the centerline of which is described as
follows :
Beginning at a point on the West line of Lot 11, Auditor's Subdivision
Lot 1, Block 1, Harold Woods; thence Easterly, at right angles to
said West line, a distance of 150 feet; thence Northeasterly to a
point on the centerline of Harold Woods Lane, which point is the point
No. 325, which point is 365 feet South of the Southwest corner of
97
98 2/1/93
of intersection with a line running from the Southwest corner of
Lot 2, Block 1, Harold Woods Second Addition to the Northwest corner
of Lot 1, Block 1, Harold Woods Third Addition.
Also the West 7.5 feet of the South 305 feet of the north 630 feet
of that part of said Lot 11, Auditor's Subdivision No. 325 lying
South of Harold Woods.
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 continue maintaining the same or to enter upon such easement area or portion
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 ORDER OF THE EDINA CITY COUNCIL
Marcella M. Daehn
City Clerk
Motion carried on rollcall vote - five ayes.
*EEARING DATE SET OF MARCH 1. 1993. FOR VACATION OF STORM SEVEB EASEMENT (IXIT 22
BLOCK 3. BROOKSIDE HEIGHTS - 5017 BEDPORD AVENUE1 Motion vas made by Member
Kelly and vas seconded by Member Smith for adoption of the follouing resolution:
RESOLUTION CAIJLIXG FOR PUBLIC EEAEUNG ON
VACATION OF EASEMENT FOR STORM SEWER PURPOSES I BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
HinNesota, as follows:
1.
of land affected thereby that the following described easement for storm serer
purposes should be considered for vacation, in accordance with the provisions of
Minnesota Statutes, Sections 412.851 and 160.29:
It is hereby found and determined after receipt of the petition of the mer8
The South 2.5 feet of the North 5 feet of the East 25.5 feet of
Lot 22, Block 3, BROOKSIDE HEIGHTS, Hennepin County, lIinnesota
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 the, place and
purpose of said hearing to be published once a ueek for tro weeks, in the Ed-
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 and
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 folloning form:
NOTICE OF PUBLIC HEXRING
ILJ TEE CITY OF EDIHh
-PIN CODNTP, KIRNESOTA
ON VACATION OF STORM SEVER EASEMEN"
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
March 1, 1993 at 7:OO P.M., for the purpose of holding a public hearing on the
proposed vacation of the following easement for storm sewer purposes:
The South 2.5 feet of the North 5 feet of the East 25.5 feet of
Lot 22, Block 3, BROOKSIDE HEIGHTS, Hennepin County, Minnesota
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
I 2/1/93 .. -1
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 continue maintaining the same or to enter upon such easement area or portion
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 ORDER OF THE EDINA CITY COUNCIL
Marcella M. Daehn
City Clerk
Motion carried on rollcall vote - five ayes.
REPORT GIVEN ON MEETING WITH RICIIFIELD AND BWOMINGTON REGARDING AIRPORT Mayor
Richards informed Council that he, together with Manager Rosland and Assistant
Manager Hughes, had met with staff from the cities of Richfield and Bloomington
regarding their position on airport issues. It was clear that both cities
support maintaining the present location of the Metropolitan Airport. The city
of Richfield has done extensive work on this issue through forums and other means
to educate everyone on the issues.
Mayor Richards said he had informed Richfield and Bloomington that the City of
Edina has taken no formal position but wanted to find out where they were coming
from. They encouraged Edina to become more active and indicated they would come
back with some specific suggestions.
CONDOLENCES EXPRESSED ON DEATH OF FORWEB EMPLOYEE BERNHARD C. WO- Manager
Rosland said he had been notified of the death of Bernhard C. Woehler, a former
Superintendent of the City's Water Department.
expressed to the Woehler family.
Written condolences will be
*CLAIws PAID Hotion was made by Member Kelly and vas seconded by Member Smith to
approve payment of the following claims as show in detail on the Check Register
dated January 27, 1993, and consisting of 24 pages; General Fund $113,250.21;
CDBG $60.00; Cable $2,794*.98; Working Capital Fund $5,083.09; Art Center
$11,956.45; Pool $3.28; Golf Course $32,599.85; Arena $6,552.40; Gun Range
$15.14; Edina/Centennial Lakes $24,046.46; Utilities $257,261.02; Storm Sever
$686.99; Liquor Dispensary $10,397.87; Construction Fund $36,861.75; !COT&
$501,569.49; and for confirmation of payment of the following claims as sharn in
detail on the check register dated January 21, 1993, and consisting of 17 pages;
General Fund $176,496.48; Liquor Dispensary $383,698.26; TOTAL $560,194.74.
Motion carried on rollcall vote - five ayes. \
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 9:30 P.M.
City Clerk