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HomeMy WebLinkAbout19931115_regularF MINUTES OF THE REGULAE mTING OF THE EDIHB CITY COUNCIL HELD AT CITY HdI;L NOVEMBER 15, 1993 R0LLCBI;L Answering rollcall were Members Kelly, Paulus, Smith and Mayor 93 Richards. RESOLUTION OF APPRECIATION GIVEN TO EDINA MASONIC LODGE Mayor Richards read the following Resolution of Appreciation which was adopted unanimously by motion of Member Smith, seconded by Member Kelly: WHEREAS, for the past 16 years, the Edina Masonic Lodge has donated money to the Edina Fire Department; and WHEREAS, this money has been earned by members of the Lodge from their efforts in putting on an annual Pancake Breakfast; and WHEREAS, a check in the amount of $1,300.00 has been generously given to the Edina Fire department for purchase of specialized cold water rescue equipment. VHEBEdS, this equipment has been employed to the service, safety and benefit of the citizens of Edina; and NOU, THEBEFORE, BE IT RESOLVED by the Edina City Council that sincere appreciation be expressed to all members of the Edina Masonic Lodge for its interest in the well-being of all Edina residents through this generous contribution; and BE IT FURTHER RESOLVED, that this Resolution be entered into the minutes and that an appropriate copy be presented to the EDINA MASONIC LODGE as a token of gratitude of the Edina City Council and all the citizens of Edina. ADOPTED this 15th day of November, 1993. RESOLUTION OF APPRECIATION Masons Todd Peterson, Grand Master, Bob Holden, Secretary and Roger Jorgenson, Senior Warden, presented Fire Chief Paulfranz with a check for $1,300.00 for cold water rescue equipment. MINNESOTA D-DAY PROCLAIMED IN EDINA Mayor Richards presented the following proclamation to Matthew Peterson, Chairman of the Community Health Services Advisory Committee. Signe Peterson, a 6th grader at South View Middle School, presented Mayor Richards with one of the 220 "anti-tobaccoVV posters made by Edina sixth-graders. A PROCIAHATION. WHEREAS, the American Cancer Society - Minnesota Division and the American Lung Association of Minnesota D-Day is a lighthearted effort to encourage smokers to give up their habit for 24 hours on Thursday, November 18, 1993; and WHEREAS, for eighteen consecutive years, millions of smokers, including many in the City of Edina, have participated in this event; and WEJIRUS, the sixth grade classes at Southview and Valley View Middle Schools have designed and produced posters encouraging people to participate in D-Day by not using tobacco on November 18, 1993; and WEJIRUS, the health benefits of not smoking are substantiated and well known; and WEJIRUS, there are additional civic benefits, such as a reduction of the risks of accidental fires and illnesses related to secondhand smoke; NOU, THEBEFORE, I, Frederick S. Richards, Mayor of Edina, Minnesota, by virtue of the authority vested in me, do hereby proclaim Thursday, November 18, 1993, as in Edina, and in so doing, urge all smokers and.smokeless tobacco users in the community to demonstrate to themselves and their friends that they can quit if they wish by joining the American Cancer Society and the American Lung Association in the 19th Annual D-Day. IN WITNESS, TBEREOF, I have hereunto set my hand and caused the seal of the City MINNESOTA D-DAY 94 11/15/93 of Ed- to be affixed the 18th day of November, 1993. Motion for adoptim of the proclamation was made by Member Paulus, seconded by Member Kelly and carried unanimously. (Adoption of Consent Agenda - see last page of 11/15/93 Unutes.) *lKRUlTES OF REGTITAR COUNCIL mTING OF NOVEMBER 1. 1993. AND CLOSED SPECIAL COUNCIL MEETING OF OCTOBER 22, 1993 APPROVED Motion vas made by Member Smith and was seconded by Member Kelly to approve the minutes of the regular Council meeting of November 1, 1993 and the minutes of the Closed Special Council Meeting of October 22, 1993. Motion carried on rollcall vote - four ayes. PUBLIC EIEARING HEIS ON MINNESOTA DRIVE IMPROVEMENT: SPECIAL ASSESs"T AGREEWCKC AUTHORIZED: ASSESSHEN!C LEVIED Affidavits of Notice were presented, approved and ordered placed on file. conducted and action taken as recorded on the following proposed assessment: Due notice having been given, a public hearing was 1. MINNESOTA DRIVE IMPROVEMENT Location: France Avenue to Johnson Drive Engineer Hoffman explained that when the City of Bloomington constructed Minnesota Drive west of France Avenue some years ago, National Car Rental agreed to pay a portion of the cost of the road improvement as an adjacent benefitted property. want to be assessed for any linking road between Minnesota Drive and West 77th Street. vehicles driving through their private parking lot. However, when the assessment agreement was developed, National did not National also requested that the link road be constructed to eliminate Engineer Hoffman reported that the City has substantially completed a roadway on the City's sixty feet of right-of-way through National's property. will be finished in the spring of 1994 in terms of sod, minor landscaping and seal-coating. Staff would recommend the following: The project I 1. 2. Approval of the special assessment agreement with National Car Rental System, Inc. Levy of an assessment of $181,000.00 at 7.5 percent interest over a 15 year period against Lot 2, Block 1, Edina Office Center (the National Property) for the road improvement, pursuant to the terms of the agreement. Mayor Richards then called for public comment on the proposed special assessment. No objections were heard and no written objections to the proposed assessment were received prior hereto. Member Smith moved adoption of the following resolutions: RESOLUTION APPROVING SPECIAL ASSESSIEKI! AGREEMENT WITH NATIONAL CAR RENTAL SYS!CEM, INC. BE IT RESOLVED by the City Council of the City of Edina, Hjnnesota, that it hereby approves the Special Assessment Agreement betveen the City of Edina and National Car Rental System, Inc. as presented; BE IT F[TBTBEB RESOLVED that the Mayor and Manager are hereby authorized to execute the Special Assessment Agreement with National Car Rental System, Inc. on behalf of the City. RESOLUTION ADOPTING SPECIAL ASSESS13ENT LEVIED ON ACCOUNT OF MINNESOTA DRIVE IHPROVEMENT BE IT ReSOLVED by the City Council of the City of Ed-, Minnesota, as follovs: 1, assessment roll for the improvement hereinafter referred to, and at such hearing held on November 15, 1993, has considered all oral and written objections presented against the levy of such assessment. 2. The assessment as set forth in the assessment roll on file in the office of the City Clerk for the following improvement: The City has given notice of hearing as required by law on the proposed I Minnesota Drive Improvement 11/15/93 ri does not exceed the local benefits conferred by said improvement upon the lot, tract or parcel of land so assessed, and all of said assessment is hereby adopted and confirmed as the proper assessment on account of said improvement to be spread against the benefitted lot, parcel and tract of land described therein. 3. The assessment shall be payable in equal installments, the first of said installments, together with interest at a rate of 7.50% per annum, on the entire assessment from the date hereof to December 31, 1994, to be payable with the general taxes for the year 1994. interest at the above rate for one year on all then unpaid installments. number of such annual installments shall be as follows: To each subsequent installment shall be added The Name of Improvement No. of Installments MINNESOTA Dm IMPROVEHEN!C 15 years 4. copy of this resolution and a certified duplicate of said assessment with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The City Clerk shall also mail notice of any special assessment which may be payable by a county, by a political subdivision, or by the owner of any right of way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolutions was seconded by Member Kelly. The City Clerk shall forthwith prepare and transmit to the County Auditor a Rollcall : Ayes: Kelly, Paulus, Smith, Richards Resolutions adopted. *PUBLIC HEARING ON VACATION OF DRAINAGE. UTILITP AND CONSERVATION EIISEMENT FOR LOT 1. BLOCK 2. TAFT ADDITION CONTINUED TO DECEMBER 6. 1993 Motion was made by Member Smith and was seconded by Member Kelly to continue the public hearing for vacation of the drainage, utility and consemation easement on Lot 1, Block 2, Taft Addition to December 6, 1993 at the request of the petitioner. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR REPLACEMENT OF BEATING/AIR CONDITIONING SYSTEM AT FIRE STATION Motion was made by Member Smith and was seconded by Member Kelly for award of bid for replacement of the heating/aZr conditioning system at the fire station to recommended low bidder, E.A.H. Schmidt & Associates, Inc., at $17,149.00. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR SWEEPER REPAIR PARTS seconded by Member Kelly for award of bid for sweeper repair parts to recommended low bidder, McQueen Equipment, at $6,433.95. Motion vas made by Member Smith and was Motion was carried on rollcall vote - four ayes. NO DIRECTION GIVEN BY COUNCIL ON PETITION REQUEST TO REVIEW ZONING 0RDII"CE CONCERNING USES IN R-1 SINGLE FAMILY DWET..LING UNIT DISTRICT stated that, concerning the petition that was presented on October 18, 1993, the Council has received much information from numerous sources together with correspondence pertaining to the issue. The petition had requested that Council conduct a full review of the meaning and spirit of our present R-1 zoning and consider necessary changes to protect the character of single family neighborhoods. the petitioners had asked the Council to conduct such review to determine the adequacy, timeliness, and propriety of the current zoning ordinance as to appropriate uses in the R-1 District. Mayor Richards Taken at its face value and not because of some unique situation, Mayor Richards recalled that approximately two years ago the Council challenged itself to study and review all of the City's ordinances. process included study of voluminous material, submission to advisory boards and The lengthy review 11/15/93 commissions for study and comment, det'ermination thzt the ordinances and a number of public hearings before s drafted, proposed and updated were to b the As ordinances the Council would adopt that would constitute the Edina City Code. requested by Council, Mayor Richards then asked the City Planner to review the history of the Zoning Ordinance relative to family occupancy. Presentation bv Planner Planner Larsen stated that in 1929 the City implemented the first zoning in Edina. The printed 1931 Zoning Ordinance (Ordinance No. 261) contained the following definition: I "Family": as a single housekeeping unit as distinguished from a group occupying a boarding house, lodging house or hotel as herein defined. Any number of individuals living together on the premises That definition was retained in the zoning ordinance for some 50 years, through several revisions and the 1971 recodification (Ordinance No, 811). In 1984, the zoning ordinance was re-codified and the definition of "familyl' was eliminated. Added was a definition of "residential occupancy" and "transient occupancy"; "residential occupancy" being the differentiation between long-term occupancy versus transient occupancy as in a boarding house or hotel. In 1992, the Council re-codified the zoning ordinance togther with all ordinances of the City, after a number of Council work sessions and public hearings. November of 1991, Council considered a definition of "family" as proposed by the City Attorney. the Planning Commission recommended that the proposed definition of 'lfamily" not be adopted and that the City maintain the same approach to residential occupancy as adopted in 1984. At a public hearing in April of 1992, the Council again considered adopting a definition of f'familyt* and made a decision to not include the definition in the zoning ordinance. Finally, in August of 1992, the Council adopted the full codified code which did not include a definition of ''family''. In It was referred to the Planning Commission and in April, 1992, I Planner Larsen said the standard maintained in the Edina R-1 zoning classification is tested by how the dwelling unit will be used, e.g. the people living in the unit occupy it and share all of the common facilities (except bedrooms) and the unit is not broken up into sub-units. "residential occupancy" would apply to any single residential unit in all residential zones, not only R-1. spacial requirements in the Uniform Building Code, which have been adopted by the City, are 150 square feet for the first occupant and 100 square feet for each occupant thereafter. The definition of In conclusion, Planner Larsen advised that Mayor Richards commented that there may be some individuals present for the first time who have not been able to speak to the issues that have been raised. the Council discusses the matter there will be opportunity for public comment. He told the audience that all written correspondence sent to City Hall, to individual members of the Council or to staff have been photocopied and been given to the Council Members. Lastly, Mayor Richards said that, as requested by the Council, a packet of background information was furnished to the Council and to spokepersons for the petitioners and was available for public inspection. After Council Resuonse to Need for Further Information Mayor Richards then asked Council if they have received enough information to address the following issues: 1) Does the Council as a body wish to review the zoning ordinance as it exists today relative to the R-1 zoning classification, definition of "family", or the standards and regulations relating to occupancy of 111 15/93 single family residences, and 2) If a review is implemented, should a moratorium be put-into place in the interim regarding occupancy issues raised by the petitioners and others. Member Paulus said her comments would be directed only at the question of whether or not the zoning ordinance regarding single family uses needs to be redefined and that no particular issue is under discussion. After reviewing information from staff, and in going over notes taken during the codification work sessions, Member Paulus said she had concluded that she required no additional information from staff or further public input. Member Smith commented that, after reviewing the information from staff as requested by Council, he felt that further information and input would only further polarize a sensitive community. Member Kelly stated that she had received adequate information from staff, the City Attorney, letters and testimony to feel qualified in making a decision. Mayor Richards then read a letter received from Member Rice who was unable to attend the meeting because of a prior family commitment. In summary, Member Rice had stated that he believed the proposed A.B.C. house on Southdale Road presently is a permitted use in the single dwelling unit district. Further, that he understood the concern about what effect the Council's action or inaction would have on the neighbors' perception of property value. He encouraged the Council to consider facilitating more discussion on occupancy standards in residential districts through the City's normal process. Mayor Richards commented that the issue is whether or not the Council should review the subject of terminology in the zoning ordinance concerning the R-1 classification. Although information from other cities has been submitted, Edina has taken a different approach. Mayor Richards said he felt Edina's is an enlightened and sound approach given today's environment. had sufficient facts and information to deal with the merits of the issue. He concluded that he Mayor Richards then called for public comment from anyone who had not appeared before Council on this issue or who had not submitted written comments. Public Comment Paul Saleh, 6945 Southdale Road, said he understood that "family" is not defined in the Edina zoning ordinance and asked why not. today there are many situations that would not fit into the stereotype family of the past. felt defining spacial relationships would be more relevant. that the use of single-family or multiple-family terminology in the current zoning ordinance opens it to interpretation. revisiting the code section that uses terminology that is not defined. Mayor Richards responded that Rather than trying to social engineer a city that does not exist, he Mr. Saleh observed He asked that the Council consider Joyce Asselstine, 4408 Country Club, said that, after conversation with Planner Larsen as to regulations for the R-1 District, she felt the zoning code is very open in that a dwelling could have an unlimited number of permanent residents. She suggested that more definition be given to terms used in the code so that it would be easier to understand. Paul Green, 6945 Southdale Road, spoke to his letter dated November 15, 1993 as presented indicating that the Council's actions could cost Edina taxpayers a million dollars in the next four years of unfunded school money. although the discussion is about R-1 zoning, in effect the ABC students have been made residents and the ABC program has been doubled. School District has not asked ABC for more students, neither the Council or the He said that Mr. Green said the Edina 111 15/93 taxpayers. the School Distri-ct. they were amazed that Edina was educating students from out of state. observed that if more minority students are wanted in our schools there are many in the Twin Cities area that are well deserving instead of going out of state. Applications are processed through the national ABC in Boston and qualified students are placed in schools throughout the nation, with the School, the Council and taxpayers having no choice in the matter of how many or when. Mr. Green suggested that this may be a very good basis for a tax-payer lawsuit if the City mandates that every taxpayer in Edina has to contribute to this charity whether they want to or not. These students are unfunded according to information obtained from In speaking with the Minnesota Department of Education, He I . Council ResDonse to Petition Requesting Review of R-1 District Zoning Mayor Richards then asked the Council Members to respond to the petition requesting review of the ordinance regulating R-1 District zoning. Member Paulus said that she was still in favor of not adding definitions to the zoning ordinance as the interpretation is more difficult than the actual writing of an ordinance. Once adopted, it is the responsibility of the City to enforce the ordinance. She said she would not want to be the one who has to define whether persons living in single family dwellings are cohabitating, are married, if their children are biological, and how long the permanency is. Member Paulus said she believed that all the City's ordinances are based on the good intent of the people living within it. the law. To try to define "family" today or what it will become tomorrow is not possible. She stated that, basically, Edina is maintained as single-family residential and the question is are we willing to let people live under one roof that are not sharing the traditional definition of "familyt1. Member Paulus said she would not support trying to define I1family" and that we should go forward with the ordinance as it presently stands. Member Kelly stated that the present ordinance was written with due process, that much thought, consideration and legal opinion went into the decision and it truly represents the majority of the people of Edina. It also speaks to the atmosphere of today's world and it speaks to the intent of our School District and our community in teaching our young people appreciation for social and cultural diversity. area and if this metro area is to thrive and continue to be the leader it has been, then Edina must participate in different types of housing facilities to perpetuate and encourage diversity. Although not for specific discussion, she said above and beyond that is the issue of the proposed ABC house. she served on the Edina School Board from 1978 to 1984 and has known the ABC students, the host families and local and national boards of the ABC Program. She has supported the organization because of their ability, intent and commitment. pertains to R-1 zoning meets the majority needs of the community and she saw no need to discuss it further. A good citizen basically abides by the intent of Member Kelly submitted that Edina is part of a greater metropolitan She said that Specifically, Member Kelly said that the existing ordinance as it Member Smith commented that anytime we are faced with change we react differently and people will differ about the change. polarization that had occurred at the previous meeting on the issue. Rather than considering it a legal matter he would hope people would sit down and get at the heart of the issues and concerns that he would have if he were a neighbor, an ABC student, or ABC Foundation member. the subject neighborhood and the proposed ABC house. legitimate concerns about upkeep, maintenance, appearance and impact on the neighborhood but was disappointed to see the proud and sensitive community of Edina react like it has. "family" in the zoning ordinance, Member Smith said he understood the arguments He said he was bothered by the Member Smith said he had late today visited He agreed that there are Although he did not like the lack of a definition of 11/15/93 on the other side. 'share their hcjmes. Further, that he would not legislate how people live and Member Smith concluded that this is not a zoning issue and would not vote to review the zoning ordinance concerning the R-1 District. asked that the neighborhood and the ABC Foundation members handle this by openly discussing their fears and concerns. He Mayor Richards stated that he believed the zoning ordinance as it exists today is reasonable and sound. decisions for some 46,000 individuals, anyone should have the right at any time to approach and ask the Council to do something. In this case, reasonable people have asked the Council, not in the context of the ABC Program on Southdale Road, to look at how the City regulates single family uses. Mayor Richards said he concurred with the other Council Members that it would not be productive to do so again at this time. It would only be divisive and would allow the rhetoric to escalate to a level that would be counterproductive. well consider visiting this subject in the not too distant future to see if we are on the right track. said it may be well to charge the Planning Commission with that task to be sure we are consistent. Although the Council members have been elected to make He said the Council may Regarding the subject of definitions, Mayor Richards Walt Posingies, 6621 Southdale Road, raised a point of order saying he believed Council was obligated to be unbiased and if any member had a conflict of interest that member should disqualify him/herself from the discussion. He said the issue is not two or three people living in single family houses but whether the number should be 10 or 12. Mayor Richards stated that, although he is an honorary board member of the ABC Foundation and strongly supports the ABC Program, the petition before the Council is uses in R-1 zoning and that he has no conflict of interest on the matter now before Council. Further, that Member Kelly has no conflict of interest on the R-1 zoning issue even though she had stated she supports the ABC Program. Dr. Elizabeth Blake, 6701 Southdale Road, submitted that Member Smith had commented earlier that this is not a zoning issue but a deeper issue and asked if Member Smith he had any conflict of interest. interest in the ABC Program one way or the other. Member Smith stated he had no Mayor Richards then called for Council action on the request to review the zoning ordinance regulations pertaining to uses in the R-1 District. action was offered by the Council Members. No motion for Mayor Richards then ruled that the matter is concluded for the reason that at this time there is no direction from the Council to the staff or boards and commissions relative to reviewing, studying or investigating the existing zoning ordinance. He thanked the audience for their participation in the discussion. Mrs. Blake, 6701 Southdale Road, interjected that she was not satisfied and asked to speak. satisfied with the nonaction of the Council. issue thoughtful analysis, has allowed public testimony and has exercised its best judgement. Public recourse would be at the ballot box. Mayor Richards responded that it was clear Mrs. Blake was not He said the Council has given the Continuing, Mrs. Blake said that under Edina's zoning code a commune, dormitory or even a compound like the one at Waco, TX could be allowed in single family homes. She contended that a "family" is a family under the basic rules and those rules should not be changed for the sake of change. repercussions would be more than financial problems. Mrs. Blake noted that Edina has a senior citizen population and if their taxes go up because these homes are taken off the tax rolls, they and others will be forced out of Edina. Mrs. Blake She cautioned that the 11/15/93 80 said that she felt the Council did a disservice to the residents in 1992 when ordinances were eodified in that the Council was not concerned with Edina residents but were only thinking of change for the sake of change. Mrs. Blake then asked Member Paulus directly if she was affiliated in any way with the ABC Program. further comment or discussion. I . Member Paulus responded that she was not. There was no STORMWATER GRANT PROGRAM APPROVED FOR FLOOD REDUCING PROJECTS ON INDIVIDUAL SITES Engineer Hoffman recalled that at the Council meeting of October 4, 1993, staff reviewed the stormwater concerns at two locations in the City and proposed general improvements to the system as follows: A. West 58th Street/Concord Avenue (two homes) Staff is currently working on redesigning the inlet capacity, grading to prevent flow of stormwater from the street to the backyards and improving discharge of stormwater into the Concord basin. B. West 66th Street/Naomi Drive (three homes) Staff is working on designing general improvements to the system, e.g. increasing the storage area in Normandale Park, and grade changes on Naomi Drive and at West 66th Street/Kenney Place. The Council had asked staff to identify all other known residential properties with flood potential. These properties include the following: 1. West 74th Street/Oaklawn Avenue (one home) 2. Stonewood Court (one home) 3. West Shore Drive/Hibiscus Avenue (garage) 4.. Ashcroft Lane (private drain problem) 5. McCauley Trail (no homes - but concerns) Additionally, an area at 6328 Valley View Road, a townhome at Blake Ridge Road and one home on Wycliff Avenue may have had problems with backyard drainage. Staff has been doing stormwater analysis with Barr Engineering staff and has found that most properties are at or slightly below the 100 year flood elevation. Funds available to use during the year for stormwater projects total approximately $270,000.00. Staff has targeted approximately $50,000.00 annually for water quality projects involving lakes and ponds. using the $50,000.00 towards a grant program for property owners conducting flood reducing changes to their structures. Staff would recommend Staff would recommend further that any general improvement that is feasible be constructed prior to providing grant funds. Grant funds should be used in the following way by private property owners: A. B. C. D. Changing the grade around structure to prevent water entry. Adding or modifying window wells. Eliminating basement windows or doors with smaller size. Building concrete or wood wall structures to prevent water entry. Engineer Hoffman pointed out that the properties mentioned are individual properties not on a lake or stream. Creek that are subject to large regional flooding events but not the short intense rainfalls that cause problems such as in the individual cases identified. Many of these properties are two or three feet lower than the projected 100 year regional flood elevations and are affected by stormwater from as far away as west of Lake Minnetonka. The City has several homes along Minnehaha Staff would recommend that a program for lake and creek 11/15/93 81 properties be reviewed after the grant program is in place for individual sites. Engineer Hoffman said, if Council approves the proposed grant program, staff would recommend that the property owners be required to sign a "hold harmless" covenant with the City when grant funds are used for flood reducing projects. Mayor Richards then asked if anyone wanted to speak on the subject under consideration. Paul Green, 6959 Southdale Road, told Council that two years ago there was flooding on Southdale Road and asked if anything had been done to correct the problem of potential flooding. Engineer Hoffman responded that he was not aware of any house that had been flooded on Southdale Road. been installed in the area and catch basins will be installed on Southdale Road. I He said some piping has Mike Miller, 7615 Stonewood Court, said they were pleased that their home was included in the review and the proposed grant program would help them identify a very narrow issue. Bob Miller said water from downspouts of approximately 20 homes flows directly into their backyard as their lot is the lowest. Don Krebs, 6605 Naomi Drive, stated that he was pleased with the proposal as it would allow individual property owners to make choices about doing something on their individual properties. are at the bottom of the hill and have been impacted by development that has occurred on the higher land. Mr. Krebs said there is a high level of responsibility for the City each time it approves such development proposals. He said that the properties in the Naomi Drive area Mayor Richards suggested that individual property owners should bear some of the financial responsibility instead of receiving an outright grant for individual projects to reduce flooding. Member Kelly concurred that it should be a partnership between the City and the individual property owner. surface that may contribute to flooding problems. She added that future development will add more hard Member Smith said he felt participation would be proper but the amount should be based on the individual circumstances of each property. Mayor Richards said he concurred with Member Smith that participation should be based on the circumstances of each case. property owner as to what would appear feasible under such grant program and then bring each request back for approval by the Council. He suggested that staff work with each Member Paulus moved approval of the folloving resolution: BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby approves establishment of a grant program for flood reducing projects on private residential properties, with a budget not to exceed $50,000.00 from the utility fund; BE IT FURTHER RESOLVED that the Engineering Department is hereby instructed to develop a feasible project with each property owner requesting grant funds, including recommended financial participation by the property owner, for final approval by the Council before commencement of each project. RESOLUTION Rollcall : Ayes: Kelly, Paulus, Smith, Richards Resolution adopted. -PIC SAFETY STAFF REPORT APPROVED seconded by Member Kelly to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of November 2, 1993: Motion vas made by Hember Smith and was 111 15/93 Installation of STOP signs at: (a) Southbound Uest 77th Street at rrinnesota Drive; (b) Testbound Uest 77th Street at Parklawn Avenue; and (c) Northbound Uest 77th Street at the driveway to National Car Rental; (a) To refer the speed survey findings for Vernon Avenue in the Habitat Court area to the Traffic Enforcement Unit for inclusion in their enforcement areas; (b) To install oversize 30 MPH sign in the 6000 block of Llncoln Drive and replace 30 IPH sign on westbound Vernon Avenue with an oversized sign; and (c) To contact Habitat Court Homeowners Association vith the recommendation to change its landscaping to improve sight distances ; and to aclmowledge Section B and C of the report as presented. Motion carried on rollcall vote - four ayes. *1994 COUNCIL MEETING DATES APPROVED Motion vas made by seconded by Hember Kelly to approve 1994 Council Xeeting of conflicting holidays: JANUARY Monday, January 3 Tuesday, January 18 FEBRUARY Monday, February 7 Tuesday, February 22 JULY Tuesday, July 5 Monday, July 18 SEPTEMBER Tuesday, September 6 Monday, September 19 Motion carried on rollcall vote - four ayes. Member Smith and vas dates as follows because DATE OF 12/22/93 SET FOR JOINT MEETIHG OF COUNCIL/SCHOOL BOARD/HJHAN REIATIONS COMMISSION TO DISCUSS CULTURAL EXPO '94 Mayor Richards recalled some discussion by the Council members on the alternative proposed by the Human Relations Commission for Cultural Expo '94 (the Peter Benson study of children from 6th through 12th grade). It was suggested that the matter be discussed at a joint meeting of the Council, the School Board and the Human Relations Commission. Betsy Flaten, member of the HRC, commented that they felt the Peter Benson study on how to work with young people and the issue of cultural diversity, which was the original intent of the Martin Luther King Day observance and Cultural Expo, could be combined to help promote good relationships with the youth and the community in general. I David Hallet, HRC Chair, said the recommended date was November 22 at 5:30 P.M. at the School District office, prior to the School Board's meeting. offered several alternative dates for the proposed joint meeting. He also Hember Paulus made a motion that the joint meeting of the Council, School Board and Human Relations Commission be held on November 22 at 5:30 P.H. at the School District office. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Smith, Richards *HEARING DATE OF 12/20/93 SET FOR VACATION OF STREET RIGHT OF WAY EASEMENT (413 ARTHUR STREET1 for adoption of the following resolution: Hotion vas made by Member Smith and vas seconded by Member Kelly RESOLUTION CALLING FOR PUBLIC HEARING ON VACATION OF FlSEKENT FOR STREET PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hemepin County, Minnesota, as follows: 1. It is hereby fmd and determined, after receipt of the petition of the owners of land affected thereby) that the following described easement for street purposes should be considered for vacation, in accordance vith the provisions of Minnesota Statutes, Sections 412.851 and 160.29: I That part of Arthur Street, as dedicated on the plat of DAVIES FIRST 111 15/93 ADDITION, according to the plat thereof and situate in Hennepin County, Minnesota, lying northerly of the westerly extension of the south line of Lot 1, Block 1, said DAVIES FIRST ADDITION and easterly of the following described line: Commencing at the northwest comer of said Lot 1; thence South, assumed bearing along the east line of said Arthur Street, a distance of 3.86 feet; which is the point of beginning of the line to be described; thence continuing South a distance of 106.13 feet to the intersection with the westerly extension of the south line of said Lot 1 and said line there terminating. 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 veek for tvo weeks, in the Edina Sun-Current, being the official nevspaper 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 folloving form: NOTICE OF PUBLIC HEARING ON VACATION OF STREET RIGHT OF WAY EBsKMENT IN THE CITY OF EDINA BENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on December 20, 1993 at 7:OO P.M., for the purpose of holding a public hearing on the proposed vacation of the following street right of way easement: That part of Arthur Street, as dedicated on the plat of DAVIES FIRST ADDITION, according to the plat thereof and situate in Hennepin County, Minnesota, lying northerly of the westerly extension of the south line of Lot 1, Block 1, said DAVIES FIRST ADDITION and easterly of the following described line: Commencing at the northwest corner of said Lot 1; thence South, assumed bearing along the east line of said Arthur Street, a distance of 3.86 feet; which is the point of beginning of the line to be described; thence continuing South a distance of 106.13 feet to the intersection with the westerly extension of the south line of said Lot 1 and said line there terminating. 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 - four ayes. *CLAIMS PAID Motion was made by Member Smith and was seconded by Member Kelly to 11/15 193 . -- a4 approve payment of the following claims as shown in detail on the Check Register dated November 12, 1993, and consisting of 28 pages: General Fund $486,109.02; C.D.B.G. $1,803.07; Communication $28,335.41; Working Capital $13,603.27; Art Center $6,841.76; Svlmming Pool $231.40; Golf Course $66,964.21; Ice Arena $23,807.34; Gun Bange $434.86; Edinborough/Centennial Iakes $31,686.74; Utility Fund $37,691.11; Storm Sewer $7,017.76; Recycling $38,341.17; Liquor $50,799.00; Construction Fund $25,706.47; TOTAL $819,372.59; and for confirmation of payment of the following claims as shown in detail on the Check Register dated November 5, 1993, and consist-lng of 14 pages; General Fund $100,532.66; Edinborough/ Centennial Lakes $100.00; Liquor Fund $206,925.49; TOTAL $307,558.15. ' I Motion carried on rollcall vote - four ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:20 P.M. ADDENDUli TO COUNCIL IIIMTES OF 11/15/93: CONSENT AGENDA ITENS APPROVED Xember Kelly to approve and adopt the Council Consent Agenda items as presented. Notion was made by Kember Smith and was seconded by Rollcall : Ayes: Kelley, Paulus, Rice, Smith, Richards Xotion carried.