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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