HomeMy WebLinkAbout19930301_regular,. 113
MINUTES
ED= CITY COU"?CIL HELD AT CITY HATL
OF THE BEGmdB =TIFIG OF THE
MARCH 1, 1993
BO- Answering rollcall were Members Kelly, Paulus, Smith and Mayor
Richards.
FIHAL PLAT APPROVAL FOR GRANGER AJlDITION REMOVED FROM AGENDA Mayor Richards
announced that final plat approval for Granger Addition has been removed from the
Council Agenda at the request of the proponent.
COlkENT AGENDA ITEMS APPROVED
by Member Kelly to approve and adopt the Council Consent Agenda items as
presented.
Motion was made by Member Smith and was seconded
Rollcall :
Ayes: Kelly, Paulus, Smith, Richards
Motion carried.
BOY SCOUTS FROM PACK 68 WELCOMED
leader from Den-6, Pack 68 (Good Samaritan Church) who were working on their
Citizenship in the Community badges.
Mayor Richards welcomed Boy Scouts and their
CHRONIC FATIGUE SYNDROME WEEK PROCLAIIED
proclamation which was unanimously adopted:
VHEBEdS, Chronic Fatigue Syndrome (CFS) is a debilitating illness which
frequently affects people of all ages, interrupting education and employment,
interfering vith family responsibilities and extracting the enjoyment from life,
WHEREAS, Chronic Fatigue Syndrome is characterized by profound fatigue, flu-like
symptoms and cognitive problems vhich worsen with minims1 exercise, may last for
years, and are often of sufficient severity to qualify patients for Social
Security disability, and;
VHEBEdS, Chronic Fatigue Syndrome patients and their families must struggle to
effectively cope vith the limitations and uncertainties of this illness on a
daily basis, and proper treatment is not well-defined, and;
WHEREAS, The National Institutes of Health and the Centers for Disease Control
have been investigating CFS and estimate that tens of thousands of Americans
suffer from this syndrome, and;
REEREAS, The Chronic Fatigue Syndrome Association of Minnesota is devoted to
increasing knowledge and understanding about CFS by providing scientifically
reliable information to patients, the general public and the medical conmnmity in
order to combat misinformation about the syndrome, and supports research into its
cause and cure;
NOW, THEREFORE, I, Frederick S. Richards, Mayor of Edina, Minnesota, do hereby
proclaim the month of March, 1993, as
in the City of Edina.
Accepting the proclamation was John Seagard who explained that the CFS
Association provides support to persons who are afflicted with the syndrome,
gathers and disseminates medical information on the subject, and supports
research locally and nationally.
VO- OF AMERICA UEXK PROCLAIMED
proclamation which was unanimously adopted:
VHEBEhS, the Volunteers of America, a Christian human service organization, is
Mayor Richards read the following
PROCLAMATION
I and;
CHBONIC FATIGUE SYNDROME AWARENESS MONTE
Mayor Richards offered the following
PROCIAHATION
I
..* .- .
3/1/93 *
celebrating its 97th year of service to the people of Minnesota and the nation;
it is appropriate for the City of Edina to join in observing this milestone; and
UEEREAS, the Volunteers of drnerica'is making a valuable contribution by providing
these services to adult3 and the elderly: 5 homes for mentally disabled, mentally
ill, chemically dependent and/or elderly adults; congregate dining for seniors at
45 sites in Anoka and Hennepin Counties; home delivered meals for persons 60
years of age and aver; sd-independent living servlces and supported living
services; 3 housing complexes for families, the handicapped, and the elderly; and
4 long-termhealth care facilities; and
WHEREAS, the Volunteers of America provides these services for children and
youth: 6 pros-, serving autistic, and/or developmentally.disabled children-and
youth; a children's emergency shelter; in-hme services; 59 foster treatment
homes and correctibn group hones; a residential treatment center for emotionally
handicapped boys; a specialized behavioral program for boys with severe problems;
short-term after care for youth with-fspecialneeds; and, *
UHKREAS, the Volunteers of America pruvides a pre-release and work-release
correctional program for men; and a-women's jail, workhouse and work-release
correctional program; and
VBEBEhS, the Volunteers of America, through its dedicated staff, volunteers and
the numy people who support their wrk through financial contributions make a
significant impact on the lives of people in Edina, and,
VHEBEhS, the Volunteers of America is commemorating its founding in 1896 and
urges others to join them in bridging the gap between human needs and the
resources of the public and private sector;
NOU, THEaEFoBE, BE I!Z RESOLVED that I, Frederick S. Richards, Mayor of the City
of Edina, do hereby proclaim the week of March 7-14, 1993, as
in the City of Ed-.
4
VOLURTEBS OF AMERICA REEK IN ED=
11
*MINUTES OF REGULAR MEETING OF FEBRUARY 16. 1993. APPROVED
Member Smith and was seconded by Member Kelly to approve the Minutes of the
regular meeting of February 16, 1993.
Motion was made by
Motion carried on rollcall vote - four ayes.
PUBLIC HEARING HELD: AQUATIC VEED TREATMENT AQ-93 FOR ARROUHEAD IdKE ORDEaeD
Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Assistant Citv Manaper
Assistant Manager Hughes informed Council that on February 3, 1993, the City
received a letter from representatives of the Arrowhead Lake Improvement
.Association requesting that the City undertake the chemical treatment of
Arrowhead Lake for aquatic vegetation. The letter also request that the cost of
this treatment be spread as a special assessment against all lakeside homeowners.
Prior to undertaking this work, the Council should conduct a project hearing
involving lakeside homeowners who may be assessed for a portion of this work.
Notice of this hearing has been sent to all 31 lakeside re'sidents.-
The estimated cost of the proposed chemical treatment is.$5,000.00.. If the cost
were spread equally among all lakeside homes, each individual assessment would be
approximately $162.00.
policy for the Minnehaha Creek Mill Pond and Indianhead Lake.
project for Arrowhead Lake is very similar to the program which has been
undertaken on Indianhead Lake for the past 8-9 years.
this project, staff would work with the Arrowhead Lake Improvement Association to
undertake similar treatments of the lake on an annual basis.
L
This would be consistent wTth the City's assessment
The proposed
If the Council approves
Public Comment Orrin Haugen, 6612 Indian Hills Road, spoke in behalf
Arrowhead Lake Improvemenf Association and
opposition to this program. It would be a
said that he was not aware
continuation of an ongoing
of the
of any
program for,
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3/1/93 115
Arrowhead Lake, i.e. chemical treatment and weed cutting. In forty years of
residency he has seen Arrowhead Lake change from a good body of water to a poor
one and now it is being restored.
control body of water for some of their experiments and they have been impressed
with the current quality.
continue and assured Council that the Association members would cooperate fully.
He mentioned that the DNR has selected it as a
Mr. Haugen said he would like to see the program
John McCauley, 6416 McCauley Circle, indicated that he was not certain that the
proposed chemical treatment would help.
weed cutting program, he would like to revisit the chemical treatment issue in a
year for proof that it works.
He said, while he concurred with the
Mayor Richards noted that correspondence was received from Kenneth Macke, 6432
Timber Ridge, stating he was opposed but. believed the assessment should be on a
frontage footage basis. Correspondence in support of the program were received
from Steve Kumagai, 6327 Timber Trail, and Allen Cater, 6316 Post Lane.
Member Smith made a motion to close the public hearing and to adopt the following
resolution:
RESOLUTION ORDERING IMPROVEMEKC
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be mailed to owners of each parcel within
the area proposed to be assessed on the following proposed improvement:
and at the hearing held at the time and place specified in said notice, the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts, does here determine to proceed with the said
improvement including all proceedings vhich may be necessary in eminent domain
for the acquisition of necessary easements and rights for construction and
maintenance of such improvement; that said improvement is hereby designated and
shall be referred to in all subsequent proceedings as AQUATIC WEED TREAl"T
IMPROVEMEKC NO. AQ-93 and the area to be specially assessed therefor shall
include all homes adjoining Arrowhead hke.
AQUATIC WEED TREATMENT IMPROVEMENT NO. AQ-93
Motion was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Smith, Richards
Resolution adopted.
*MT DIVISION APPROVED FOR MTS 4. 5 AND 6. HMS IAKESIDE ADDITION Motion vas
made by Member Smith and was seconded by Member Kelly for adoption of the
following resolution:
FIBEBEbs, the following described tracts of land constitute various separate
parcels :
BESOLUTION
Lot 4, Block 2, Hbbs IAKE SIDE ADDITION, Hennepin County, Minnesota.
That part of the following described tract:
Lots 5 and 6 except that part vhich lies northerly of a line parallel with
and 40.00 feet southerly and measured at right angles to the following
line :
Beginning at the East Quarter Corner of Section 6, Township 116,
Bange 21; thence North 0 degrees 09 minutes 27 seconds East along the
East line of said Section 6 a distance of 1807.59 feet; thence North
78 degrees 48 minutes 33 seconds West a distance of 1070.37 feet;
thence North 81 degrees 13 minutes 33 seconds West a distance of
3050.00 feet; thence South 8 degrees 46 minutes 27 seconds West a
distance of 135.00 feet to the actual point of beginning of the line
to be described; thence North 81 degrees 13 minutes 33 seconds West a
distance of 23.93 feet; thence along a 10 degree curve to the left
(centralangle of 60 degrees 03 minutes 23 seconds, tangent distance
116 3/1/93
of 331.17 feet) a distance of 600.56 feet and there terminating,
Block 2, HLLLIS IAKE SIDE ADDITION, Hexmepin County, Minnesota.
VHEBgCLs, the ouners of the above tracts of land desire to subdivide said tracts
into the follaving described neu and separate parcels:
PARCEL A:
That part of Lot 4, Block 2, EfAAS XAKE SIDE ADDITION, Hexmepin County
'Lurmesota, which lies southeasterly of the follavlng described line:
Beginning at the most easterly corner of said Lot 4; thence on an
atawned bearing of North 21 degrees 48 miwtes 00 seconds West along
the northeasterly line of said Lot 4 a distance'of 55.00 feet to the
actual point of beginning of the line to be described; thence South
36 degrees 10 minutes 52 seconds West a distance of 250.81 feet, more
or less to the southwesterly line of said Block 2, and there
terminating.
PARCEL B:
That part of Iats 4 and 5, Block 2, Hhbs Lbgg SIDE ADDITION, Hexmepin
County, Minnesota, which lies northuesterly of the follouing described
line :
Comppencing at the most easterly corner of said Lot 4; thence on an
assumed bearing of North 21 degrees 48 minutes 00 seconds West along
the northeasterly line of said Lot 4 a distance of 55.00 feet to the
actual point of beginning of the line to be described; thence South
36 degrees 10 miwtes 52 seconds West a distance of 250.81 feet, more
or less, to the southwesterly line of said Lots 4 and 5, and there
terminating;
And that part of said Lots 4 and 5 vhich lies southeasterly of the
folloring described line:
Commencing at the most easterly corner of said Lot 4; thence on an
assumed bearing of North 21 degrees 48 minutes 00 seconds West along
the northeasterly line of said Lot 4 distance of 110.00 feet, to the
actual point of beginning of the line to be descr2bed; thence South
47 degrees 41mirmtes 41 seconds West a distance of 239.66 feet, more
of less, to the southuesterly line of said Block 2, and there
terminating.
I
PARCEL "C":
That part of Lots 4, 5, and 6, Block 2, Hdhs LAKE SIDE ADDITION, Hennepin
county, Hhnesota, vhich lies northwesterly of the follouing described
line :
Commencing at the most easterly corner of said Lot 4: thence on an
assumed bearing of North 21 degrees 48 rmiwtes 00 seconds West along
the northeasterly line of said Lot 4 a distance of 110.00 feet to
actual point of beginning of line to be described; thence South 47
degrees 41mirmtes 41 seconds West a distance of 239.66 feet, more or
less, to the southuesterly line of said Block 2 and there
terminating;
Except that part of said Lots 5 and 6 which lies northerly of a line
parallel with and 40.00 feet southerly and measured at right angles to the
folloring described line:
Beginning at the East Quarter Corner of Section 6, Township 116,
Range 21; thence North 0 degrees 09 mimttes 27 seconds East along the
East line of said Section 6 a distance of 1807.59 feet; thence North
78 degrees 48 miwtes 33 seconds West a distance of 1070.37 feet;
thence North 81 degrees 13 mirmtes 33 seconds West a distance of
3050.00 feet; thence South 8 degrees 46 mirmtes 27 seconds West a
distance of 135.00 feet to the actual point of beginning of the line
to be described; thence North 81 degrees 13 Eniwtes 33 seconds West a
distance of 23.93 feet; thence along a 10 degree curve to the left
I .
3/1/93 ii7
(central angle of 60 degrees 03 minutes 23 seconds, tangent distance
of 331.17 feet) a distance of 600.56 feet and there terminating.
VHEBEhS, 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 vith the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Code
Sections 810 and 850.
NOW, TEEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ounership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Code Section 810 and Code
Section 850 are hereby vaived to allow said division and conveyance thereof as
separate tracts of land but are not vaived for any other purpose or as to any
other provision thereof, and subject, hovever, 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.
ADOPTED this first day of March, 1993.
Motion carried on rollcall vote - four ayes.
*HEARING DATES SET FOR PLAJ!TMING HATTERS Motion was made by Member Smith and vas
seconded by Member Kelly setting March 15, 1993, as hearing date for the
following Planning matters:
1) Final Development Plan - 5113 West 50th Street, CSH Investors, Inc.
2)
1) Final Development Plan - 5100 Vernon Avenue - Murphy Automotive.
Motion carried on rollcall vote - four ayes.
Amendment to Code Subsection 850.19 - Automobile Parking District
and April 5, 1993, as hearing date for:
PUBLIC HEARING HELD: DBAIHAGE AND UTILITY l3AS-S VACATED ON LOT 1. BLOCK 1,
JYIAND WEITHEY ADDITION AND LOT 1. BLI)CK 1. PETER ANDREA ADDITION. SUBJECT TO
CONDITIONS
file . Affidavits of Notice were presented, approved and ordered placed on
Presentation by Planner
Planner Larsen reminded Council that at the February 16, 1993, meeting the public
hearing on the proposed vacation of drainage, utility and conservation easements
on Lot 1, Block 1, Jyland Whitney Addition and on
Lot 1, Block 1, Peter Andrea Addition, was continued to March 1, 1993, for
additional information to resolve the issues that were raised by the neighbors.
Planner Larsen pointed out on graphics the proposed easements to be vacated,
noting that they remain unchanged from the revised. request presented on
February 16, 1993.
lots to be developed as one building site.
requested easements vacation conditioned on: 1) Land alteration permit, and 2)
Building permit for the proposed house.
The stated purpose of the vacation would be to allow the two
Staff would recommend granting of the
Planner Larsen explained that the recommended land alteration permit (Code
Section 830) would address site grading, erosion protection, and site cleanup,
landscaping and performance bond. The developer, Jyland Homes, Inc., has
addressed these issues by letter dated February 25, 1993. Specific requirements
of the permit would be: 1) Site grading plan, 2) Erosion control and tree
protection during construction, 3) Planting plan illustrating 16 pine trees
ranging from 8 to 16 feet in height, 4) Site cleanup of eroded soils, and
5) Letter of credit or performance bond for trees and cleanup in the amount of
$10,000.
Because both subject lots are now platted lots, Mayor Richards asked why the City
would not require a replat of these two lots into one single lot. Planner Larsen
118 - 3/1/93
answered that by virtue of the existing ordinances the City could not force a
plat unless additional lots were being created.
trigger a subdivision requirement.
the City has taken in recognizing that, when lots are combined resulting in one
building site, something has been given up.
easements along property lines whereas many of the old plats had no easements and
a building permit could be obtained for two combined lots.
Going to fewer lots would not
Secondly, would be the historical position I Newer plats require standard
Mayor Richards then asked if the developer could possibly create a buildable lot-
on the northeast corner of Lot 1, Block 1, Jyland Whitney Addition. Planner
Larsen responded that a subdivision process would have to be followed. In .
addition, the area in question is covered by an easement which runs in favor of
the City.
the median lot standards of the neighborhood.
Further, it appears that. there would not be enough land there to meet
Mayor Richards noted that a letter with accompanying photographs from Sid Rebers,
6916 Dakota Trail, dated February 26, 1993, had been placed in front of the
Council Members prior to this meeting.
Public Comment
Rick Carlson, Jyland Homes, Inc., co'mmented that the subject lots are owned by
one individual and the house will be located within one or two feet as shown. At
the time of platting when the conservation easement was put in place, no
consideration was ever given to one person owning both lots.
one concern with the Jylandmitney and Peter Andrea additions was density.
there.is the opportunity to build one home on the two lots and reduce the density'
somewhat.
He recalled that
Now
I Hugh Maynard, Leonard, Street and Deinard, stated that he represented Sidney and
Barbara Rebgrs.
conservation restriction easement as proposed because it would allow construction
of a house that would be sited closer to their home. Their other concern is that
the developer has demonstrated a lack of care in preventing erosion and siltation
in the past.
by staff, their estimate of the cost for the protective work is $22,500 and would
recommend that the bond amount be $25,000. Also, because the developer is taking
away prime conservation protected land, Mr. Rebers suggested that the
conservation restriction easement along the rear lot line be expanded from 35 to
40 feet or in the alternative that snow fences be installed on the drip line of
the trees in that easement area. If the Council felt this was micro-management
of the house site, they would be willing to have action tabled so that they could
meet with the developer and staff to work out a compromise.
The Rebers object to vacating the triangular portion of the
With regard to the $10,000 letter of credit or bond as recommended
In response to Mayor Richards as to the distance between the Reber home and the
rear of the proposed house, Mr. Rebers said it would be approximately 177 feet.
He told Council that supposedly Jyland Development has purchased the house on the
corner of Dakota Trailpalley View Road which is adjacent to Lot 1, Block 1,
Jyland Whitney Addition and also owns the lot adjacent to him on Dakota Trail.
He questioned the developer's purpose. Further, Mr. Rebers explained that the
pad of dirt on which the basement floor would sit would be 11 feet above ground
which would mean the total house elevation would be 58 to 60 feet resulting in a
tremendous intrusion.
I In response, Mr. Carlson said it is hearsay that Jyland Homes has purchased the
home at Dakota Trail and Valley View Road. Referring to the model, he submitted
that the proposed house would be a three story home with the highest peak, which
is only about six feet long, being about 49 feet from the lowest elevation. The
floors inside step down with the site and the roofs also follow down to give it a
low, curb appeal. The garage center would be at existing grade and the middle of
3/1/93
L 119
the house would be at about grade.
existing large oaks on the site.
Council Comment/Action
Mayor Richards said that he would support the vacation request only i'f these two
lots were replatted into one lot so that the lot line would be eliminated to
express the intention that only one house would be built.
Additionally, they would work around the two
I
Member Smith commented that the staff recommendations address the issues that
were identified at the last meeting and which Council had asked staff to address.
Member Smith made a motion for adoption of the following resolution to grant
vacation of the drainage, utility and conservation easements conditioned on:
1) Building permit, and 2) Land alteration permit vith specific requirements as
follows: a) grading plan, b) erosion control and tree protection during
construction, c) planting plan illustrating 16 pine trees ranging from 8 to 16
feet in height, d) site clean up of eroded soils, and e) letter of credit or
performance bond for trees and cleanup in the amount of $10,000.00:
BESOLUTION VACATJNG EASEMEKCS FOR
DRAINAGE, UTILITY AJMI CONSERVATIOB RESTRICTION PUBPOSES
WHEREAS, a resolution of the City Council, adopted the 20th day of January, 1993,
fixed a date for a public hearing on a proposed vacation of easements for
drainage, utility and conservation restriction purposes; and
WHEREAS, two weeks' published and posted notice of said hearing vas given and the
hearing vas held on the 16th day of February, 1993, at which tima all persons
desiring to be heard vere given an opportunity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that said easement vacation be made; and
VHEBEbS, the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to vhich the
vacation affects the authority of any person, corporation, or municipality owning
or controlling electric, telephone or cable television poles and lines, gas and
sever lines, or rater 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
otheruise attend thereto;
NOW, TBEBEFOBE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the following described easements be and are hereby
vacated effective as of March 2, 1993:
Utility and Drainane Easement
That part of Lot 1, Block I, JYLAND WHITNEP ADDITION and that part of
Lot 1, Block 1, PETER AND- 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, JYLBND UEIITNEY
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 1, a distance of 153.65 feet to
the northwest corner of said Lot 1 and said line there terminating,
except the south 10.00 feet of said Lot 1 and except the most
southeasterly 10.00 feet and the North 35 feet of Lot 1, Block 1, said
PETEB AJMIBEA ADDITION and except that part of Lot 1, Block 1 said JpLblQD
UHITlpEy ADDITION lying northerly of the following described line:
Beg3nning at a point on the northvesterly line of Lot 1, Block 1,
said JpLblQD UEIITNEY ADDITION, distant 43.80 feet southwesterly of the
northwest corner thereof; thence easterly, parallel vith the north
line of said Lot 1, a distance of 25.00 feet and said line there
terminating.
Conservation Restriction Easement Recorded as Document Number 2239526
That part of Lot 1, block 1, PETER ANDREA ADDITIOIII, Hennepin County,
126 3/1/93
'ZIinneaota, lying northeasterly of a line dram from a point on the east
line of said Lot 1, distant 105.00 feet southvest of the northeast corner
thereof, to a point on the north line of said Lot 1, distant 142.00 feet
rest of the northeast corner thereof and there terminating, except the
north 35.00 feet of said Lot 1, as measured at right angles to the north
line of said Lot 1.
Utilitv and Drainape Easement
That part of Lot 1, Block 1, PETER ANDRE6 ADDITTON, according to the
recorded plat thereof, Hennepin Connty, Minnesota, lying northeasterly of a
line dram 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 vest of the northeast corner
thereof and there terminating, except the north 35.00 feet of said lot 1,
as measured at right angles to the north lihe of said Lot 1.
The Clerk is authorized and directed to cause a notice of completion of
proceedings to be prepared, entered in the transfer record of the County Auditor,
and filed with the County Recorder in accordance vith Minnesota Statutes, Section
412.851.
I
Motion was seconded by Member Kelly.
Mayor Richards offered an amendment to the motion that, prior to the issuance of
any permits, the developer be rewed to replat the subject lots to provide for
one lot. Member Smith seconded the motion to amend.
Discussion followed on whether the lots should go through the procedure for
subdivision or whether the end result could be accomplished by a lot division.
In response to Member Kelly as to timing, Mr. Carlson said the owners had hoped
to be in the house when the school year began next fall.
had been discussed with staff and the vacating of the easements had been
recommended. Planner Larsen said staff's recommendation was based on the
definition of 'lot' which says a lot may consist of one parcel or two or more
adjoining parcels under single ownership or control, and used for a principal use
and accessory uses allowed by Section 850 of the Code.
line the two parcels would become one lot even though they are under different
plats.
house were razed in the future, the two lots would still exist.
Further, that procedure
I By building over the lot
He added that the only caveat to this would be that, if the proposed
Mayor Richards called for vote on the motion to amend.
Ayes: Paulus, Smith, Richards
Nays: Kelly
Motion amended.
Rollcall :
Ayes: Kelly, Paulus, Smith, Richards
Motion carried.
Mayor Richards then called for vote on the main motion as amended.
PUBLIC HEARING HELD: STOW SEVEB UTILITY EASlDIENT VACATED ON MT 22. BLOCK 3,
BROOKSIDE HEIGHTS (5017 BEDFORD AVICNIJE) Affidavits of Notice were presented,
approved and ordered placed on file.
Presentation bv Engineer
Engineer Hoffman presented a petition to vacate a portion of a sideyard storm
sewer easement on Lot 22, Block 3, Brookside Heights (5017 Bedford Avenue). He
explained that a garage has been constructed over a portion of the easement.
During a sale of the property it was discovered that the garage does encroach on
the easement. Staff has reviewed the issue and believes the vacation could be
allowed subject to execution of a "hold harmless" agreement. The reason for the
condition is that repair of the storm sewer would subject the north garage wall
to the potential of damage by equipment. Staff does not anticipate any serious
problems as the storm sewer line is shallow. He added that the utility companies
3/1/93 121
have no objection to the vacation request except Northern States Power must be
able to continue use of its system along the back lot line.
Jonathan Leaf, Berg and Leaf, stated that he was the attorney representing James
and Portia Reimer, former owners of the subject property, who now reside in
Chile. He explained that at the time the garage was built it was assumed that a
three foot easement existed rather than a five foot easement which was why the
garage was built at that location.
Attorney Gilligan advised that the new owners of the property would have to sign
the "hold harmless" agreement.
Member Paula introduced the following resolution and moved adoption:
RE%OLUTION VACATING WEIIE1PT
FOR STORM SEWER PURPOSES
IN TBE CITY OF EDIHh, HEl"EPIN COUNTY, lII"ES0TA
WHEREAS, a resolution of the City Council, adopted the 1st day of February, 1993,
fixed a date for a public hearing on a proposed vacation of easement for storm
sewer purposes; and
WHEREAS, tvo weeks published and posted notice of said hearing was given and the
hearing was held on the 1st day of March, 1993, at which time all persons
desiring to be heard vere given an opportunity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that said easement vacation be made; and
WHEREAS, the Council has considered the extent to which the vacation affects
existing easements within the area of the 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 thereof vacated to maintain, repair, replace, remove, or
otherwise attend thereto:
IOU, THEBEFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota that the following described portion of the storm sewer
easement be and is hereby vacated effective March 2, 1993:
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
The City of Edina reserves in favor of Northern States Power Company the ability
to maiatain, replace, repair and remove its electric power line along the back
lot line.
The City Clerk is authorized and directed to cause a notice of completion of
proceedings to be prepared entered in the transfer of record of the County
Auditor, and filed with the County Recorder, in accordance with Minnesota
Statutes, Section 412.851.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Smith, Richards
Resolution adopted.
PUBLIC lEARING HELD: DRAINAGE AND UTILITY EASEMENT VACATED ON LOT 11. AUDITOR'S
SUBDIVISION NO. 325 (HARK DALOMST ADDITION) Affidavits of Notice were
presented, approved and ordered placed on file.
Presentation bv Engineer
Engineer Hoffman presented the petition to vacate utility and drainage easements
on Lot 11, Auditor's Subdivision No. 325. He explained that the request results
from the platting of the Mark Dalquist Addition.
easements on the old Lot 11, Auditor's Subdivision No. 325 need to be vacated,
subject to new easements on the filing of the new Mark Dalquist Addition plat.
Existing utility and drainage
3/1/93
Staff would recommend the vacation and there are no objections by the utility 122
companies.
Member slnith introduced the follouing resolution and med adoption, subject to
the filing of the new Hark Dalquist Addition plat: I RESOLUTION VACATING EASEMEKC
FOB UTXKTY W DRAINAGE PURPOSES
13J THE CITY OF EDIHh, HE"EP13J COUNTY, MINNESOTA
REEREAS, a resolution of the City Council, adopted the 1st day of February, 1993,
fixed a date for a public hearing on a proposed vacation of easement for drainage
and utility purposes; and
REEREAS, tw reeks published and posted notice of said hearing vas given and the
hearing vas held on the 1st day of March, 1993, at uhich time all persons
desiring to be heard uere given an opportunity to Ire heard thereon; and
VHEaedS, the Council de- it to be in the best interest of the City and of the
public that said easement vacation be made; and
VHEaedS, the Council has considered the extent to uhich the vacation affects
existing easestents within the area of the vacation and the extent to which the
vacation affects the authority of any persons, corporation, or municipality
ming or controlling electric, telephone or cable television poles and lines,
gas and serer 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
otherrise attend thereto;
ROW, TEEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Hinnesota that the following described portion of the drainage and
utility easement be and is hereby vacated effective as of March 2, 1993:
A 20 foot vide strip of land, the centerline of which is described as
follovs :
Beginning at a point on the West line of bt 11, Audit0r.s
Subdivision No. 325, which point is 365 feet South of the Southvest
corner of Ut 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 point is the point of intersection vith a line running from the
Southwest corner of bt 2, Block 1, Harold Woods Second Addition to
the Northwest corner of Lot 1, Blockl, 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 Ut 11, Audit0r.s Subdivision Ho. 325 lying South
of Harold Woods.
The City Clerk is authorized and directed to cause a notice of completion of
proceedings to be prepared, entered in the transfer record of the County
Auditor,and filed vith the County Recorder, in accordance vith Minnesota
Statutes, Section 412.851.
Motion for adoption of the resolution was seconded by Member Paulus.
Ayes: Kelly, Paulus, Smith, Richards
Resolution adopted.
EXPEHD- OF FORFEITURE MONIES APPROVED
forfeiture money of approximately $33,000.00 has accumulated over the last
several years.
regulated by M.S. 609.5315.
Manager Rosland advised that
Guidelines for its expenditure are quite specific and is
Chief Kleven would recommend approval of the following expenditures:
1. D.A.R.E. Program $ 3,000.00
2. Cornerhouse Membership 4,800.00
3. Cellular Air Time $11.200.00
TOTAL $19,000.00
(T-shirts and promotional items) I
3/1/93 123
Member Smith made a motion approving expenditure of forfeiture monies as follows:
D.A.R.E. Program - $3,000.00; Cornerhouse Membership $4,800.00; and Cellular Air
Time $11,200.00.
Rollcall :
Ayes: Kelly, Paulus, Smith, Richards
Motion carried.
APP0I”T HADE To REGIONAL CITIZEN ADVISORY COMMISSION OF SHeRPA Mayor
Richards explained that when the Regional Citizen Advisory Commission to SHeRPA
was established in 1992, terms of the members were staggered. The term of Betsy
Flaten ran to February 1, 1993 and she is willing to accept reappointment.
Member Kelly made a motion to reappoint Betsy Flaten to the Regional Citizen
Addsory Commission of SHeKPA for a term to February 1, 1995.
seconded the motion.
Ayes: Kelly, Paulus, Smith, Richards
Motion carried.
Member Smith
WN-SAIX WINE LICENSE RlZNEUU APPROVED Motion was made by Member Smith and vas
seconded by Member Kelly to approve on-sale wine license renewals for the
following restaurants: Boundary Waters (Daytons), Soon Yhg Iau/lbpress, Pantry,
Ciatti‘s, Tour de France, Pizzeria Uno, Good Earth, Szechuan Star, and Two Guys
From Italy.
Motion carried on rollcall vote - four ayes.
WLUB ON-SALE AIVD SUNDAY LIQUOR LICENSES REFEU= APPROVED
Member Smith and was seconded by Member Kelly to approve club on sale and Sunday
liquor license renewals for Edina Country Club and Interlachen Country Club.
Motion was made by
Motion carried on rollcall vote - four ayes.
GOPEER STATE ONE CALL SYSW DISCUSSED
February 10, 1993, Council meeting questions were asked about Gopher State One
Call. He explained that the system requires notification prior to digging by all
parties. Two issues were raised by Council Members: 1) the cost to the City of
Edina, and 2) the effect of realtors calling Gopher State One Call before
installing realty signs (For Sale) in the City.
Engineer Hoffman recalled that at the
Engineer Hoffman pointed out that during the months March 1992 through February
1993, total tickets were 3,485 of which 201 were realtor requests. The annual
costs paid by the City to Gopher State One Call for the last three years were:
1992 - $4,640.79
1991 - $4,887.00
1990 - $6,360.00
Prior to the Gopher State One Call system, the City spent approximately $3,000.00
per year for locating costs involving work with NSP, Minnegasco and US West at
approximately 100 requests per year.
start, approximately $50,000.00 is spent annually in equipment and labor time to
respond to 3500 calls during the past year. The general opinion of staff is that
while it does cost, the incidence of wires being cut and water stop-off boxes
being hit and damaged has lessened considerably. As to the realty sign requests,
the impact has not been too great although these requests constitute the bulk of
the requests in mid-winter. Although the sign ordinance provides that such signs
shall not be placed within 20 feet of the street, in reality they are placed much
closer for visibility.
Since the Gopher State One Call system
Member Paulus said it should be pointed out to state legislators that when they
initiate a mandate such as the Gopher State One Call system there is little
chance for cost recovery by cities.
this line item should be carefully reviewed.
She added that during the budget process
3/1/93 124
Member Paulus &de a motion that Edina’s state legislators be told that mandates
such as the Gopher State One Call system place a hardship on cities because of
inability to recover costs. Motion was seconded by Member Smith.
I Ayes: Kelly, Paulus, Smith, Richards
Motion carried.
Member Paulus commented that, if the City finds this is becoming cost
prohibitive, an alternative may be to prohibit during certain months of the year
the type of real estate sign which requires the use of a power auger to erect.
SUPPORT SOUGET BY IDUISE SEGRETO FOR APP0I”T To METROPOKETAN PARKS AND OPKN
SPACE COMIISSIOH
received from Louise M. Segreto, requesting Council’s support for appointment to
the Metropolitan Parks and Open Space Commission for District F.
Assistant Manager Hughes explained that a letter had been
Ms. Segreto stated that she was present to seek the Council’s support in
obtaining an appointment to the Metropolitan Parks and Open Space Commission for
District F, which covers St. Louis Park, Edina, Bloomington, Richfield, Golden
Valley and Robbinsdale.
commission and stated her qualifications for and interest in the position.
She briefly outlined the responsibilities of the
Mayor Richards commented that the Council may wish to take this under advisement
so that all potential candidates could be evaluated before determining if the
Council would lend support.
Member Kelly made a motion that a letter be sent to the Metropolitan Council
advising that Uuise Segreto had appeared before the Edina Cim Council to
present her qualifications for the position and asking that the Council
considered her for appointment. Motion failed for lack of second.
Mayor Richards asked that staff find out who the other candidates are for the
position. He said he would contact Edina’s representative, Polly Peterson
Bowles, to determine the appointment schedule.
PAID Motion vas made by Member smith and was seconded by Member Kelly to
approve papent of the follarlng claims as shown in detail on the Check Register
dated February 24, 1993, and consisting of 22 pages; General Fund $160,523.99;
Cable $803.63; Working Capital Fund $1,083.86; Art Center $10,130.25; Pool $3.28;
Golf Course $18,875.48; Arena $3,421.80; Gun Range $20.56; Edinborough/Centennial
Iakes $15,022.06; Utilities $246,676.65; Storm Sever $1,187.17; Recycling $67.10;
Lipr Dispensary $12,350.43; Construction Fund $15,979.97; TO!CAT., $486,146.23.
Motion carried on rollcall vote - four ayes.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 8:40 P.M.
City Clerk