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HomeMy WebLinkAbout19940222_regular160 MINUTES OF THE REGULBB MEETING OF THE EDIHh CITP COUNCII, HELD AT CITP HAIL I FEBRUARY 22, 1994 ROKLCAIJ, Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSERT AGENDA ITEMS APPROVED by Member Rice to approve and adopt the Council Consent Agenda items as presented with the exception of removal of item V.A. - (16) 1994 Golf Cars. Motion vas made by Member smith and was seconded Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *=S OF REGULAR AND CLOSED COUNCIL EIEETINGS OF PEBRUARY 7. 1994. APPROVED Motion uas made by Member Smith and was seconded by Member Rice to approve the mhutes of the Regular Council Meeting and Closed Council Meeting of February 7, 1994. Motion carried on rollcall vote - five ayes. PUBLIC EEARJXG HEIS ON PREIJlEOURY PLAT APPROVAL FOR FINK ADDITION (6520 INTERIACEEN BOUlXVARD>:P 7.19%- Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen stated that the subject property, located at 6520 Interlachen Boulevard, is a developed single dwelling unit lot with a lot area of 62,397 square feet. in depth. The existing dwelling is ih the southwesterly portion of the property and fronts on Interlachen Boulevard. create one new lot has been received. I The property measures 192 feet in width by approximately 322 feet A request to subdivide the property to The existing dwelling would remain. The proposed subdivision would create a new lot,to the north or rear of the existing dwelling. wide right of way along the easterly edge of the property with a hammerhead type of turnaround at the end. frontage on an improved public street. alternatives for improvement of the right of way. be improved with a 26 foot wide public street. Second, a 20 foot wide private drive could be constructed within the right of way. The second alternative would require a variance from the requirement of frontage on a improved public street. The proponents would prefer the second alternative and are requesting a lot width variance. The new lot would have access provided by a dedicated 40 foot The Zoning Ordinance requires at least 30 feet of The proponents have submitted two First, the right of way could Proposed lot sizes and dimensions are as follows: Lot Width Lot DeDth Lot Area Lot Width to Perimeter Ratio Lot 1 150 feet 160 feet 23,233 s.f. .24 Lot 2 196 feet 173 feet 30,948 s.f. .33 Median lot sizes and dimensions within the 500 foot surrounding neighborhood are: Lot Width Lot Depth Lot Area 115 feet 160 feet 19,300 s.f. The proposed lots meet or exceed size and dimension standards as established by the 500 foot neighborhood required by the Zoning Ordinance. 2/22/94 161 Engineer Hoffman was asked to review the proposal and made the following . observations: 1) The proposed private driveway on public right of way is unnecessary, 2) The amount of disturbance necessary to construct the roadway is not the most feasible engineering solution, 3) Public right of way and associated costs not warranted for initial or long term costs to City for operation and maintenance of a public street, and 4) If subdivision is approved with frontage on Interlachen Boulevard, a 12 foot driveway off the street with widening near the building site is recommended to minimize associated grading disturbance. The Planning Commission heard the proposal on two occasions. At its meeting of January 5, 1994, the Commission voted unanimously to deny the requested right of way dedication to the City. The Commission then by a four to four vote moved to recommend preliminary plat approval with a variance for lot width to allow construction of a private driveway. Presentation for Proponent Kathy O'Connell, McCombs Frank Roos and Associates, stated that she was representing the proponents, Margaret and Dr. Robert Fink. She explained that they have considered several scenarios and felt the one chosen would work best for the Finks, the surrounding neighbors, the City and would be the best solution environmentally. requirements. The Finks have lived in their home for many year.s and want to build a smaller home on the new lot. They have received no opposition to their proposal from the neighbors. In response to one concern regarding drainage, she pointed out that all the storm water would drain to a low spot in the northwest corner of the Fink's property. The intent of the proposal was to meet all City ordinance Ms. O'Connell displayed a graphic comparing the proposed plat with surrounding lots, noting that the proposal maintained the character of the neighborhood. She said the Fink's intention was to submit a proposal without variances and one that respected their neighbors. public street with cul-de-sac, the Finks would be able to preserve a row of trees between their property and the adjacent neighbors to the east. By putting in a private 20 foot wide drive versus a Member Rice asked what type of house was proposed for the new lot. they want a smaller house and are proposing to build a 3,000 square foot, single story walk-out brick house for use as their own home and not for speculation. Dr. Fink said Public Comment Hank Brooks, 4928 Ridge Road, informed Council that between his house and the Fink home there is quite a steep hill and that his home is the low point. home has drain tile and a sump pump and yet this past summer they had seepage into the basement and water standing in their backyard. with construction of a road and removal of trees it would cause more drainage onto their property. be lost with the proposed subdivision because of lost vegetation and retaining walls that would be needed. His He expressed fear that Further, a large part of the cham of their backyard would Bruce Peterson, 4920 Ridge Road, said they purchased their home because of the natural wild area on the rear of the Fink property and were not aware this lot could be subdivided. there was concern about this being a neck lot. Mr. Peterson also pointed out that if the new house were sited as proposed, the sideyard would be adjacent to their backyard. If this is approved, he said he would like some assurance that there would be more than the minimum 10 foot sideyard setback so that if a future owner would desire to add onto the house the addition would not come right up to their backyard lot line. having an alley behind his lot and said surface water is a problem in that area. He noted that at the first Planning Commission meeting Further, he equated the proposed driveway to 2/22/94 162 Ms. O'Connell restated that the reason why the proponents preferred the 20 foot private drive-versus the standard public street right of way was to avoid removing the row of trees between the Fink and Brooks properties. drive would not be centered on the public right of way but would be shifted away from the Brooks' property line. those are in the location for the new house. She added that the back portion of the property would remain wild and the proposed drive would not go behind the Peterson property. The private Only two trees are proposed to be removed and Council Comment/Action Member Smith introduced the following resolution and moved adoption, subject to 1) grant of variances for lot vidth and lot vidth to perimeter ratio, 2) exact location for construction of a 20 foot private driveway, 3) specific vegetation to be removed, 4) surface water drainage plan, 5) impact of sideyard setback, and 6) final plat approval: RESOLUTION GRANTING PRETJHINARY PLAT BPPROVBL FOR FINK ADDITION BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, that that certain plat entitled "PINK ADDITION", platted by Robert J. Fink and Margaret H. Fink, husband and wife, and presented at the regular meeting of the City Council of February 22, 1994, be and is hereby granted preliminary plat approval. was seconded by Member Rice. Motion Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. MT DIVISION APPROVED FOR MTS 4 AND 5. PARKWOOD KNOW (5501 MNDONDERRY ROAD) Presentation bv Planner Planner Larsen explained that the subject property, located at 5501 Londonderry Road, comprises two single dwelling lots which have been combined and developed with one single dwelling building. The proposed lot division would combine Lot 4 and part of Lot 5 to support the existing home, leaving the balance of Lot 5 as a site for a new single dwelling development. (balance of Lot 5) would measure approximately 185 feet by 140 feet with a lot area of about 39,000 square feet. and shape to neighboring lots and would conform with ordinance requirements. Staff would recommend approval of the lot division. The proposed new building site The new building site would be similar in size At its meeting of February 2, 1994, the Planning Commission recommended approval of the lot division with two conditions: 1) adjustment of the new, westerly property line to provide a setback of 20 feet for the new house, and 2) driveway access to the new building site should be from Londonderry Road or Stauder Circle only. recently before Council that concerned access to lots east of the subject property, with proposed access off of Parkwood Road. Planner Larsen recalled an appeal of a Zoning Board of Appeals decision Mayor Richards stated he wanted assurance that this modification of the lot line, if approved, would not allow access to undeveloped lots lying south and east of the subject lot in the future. would only affect Lots 4 and 5 and the subject of access to lots to the east could be made a condition for granting the proposed lot division. Planner Larsen said the proposed lot division Presentation for ProDonents Jeff Schoenwetter, 4401 Valley View Road, JMS Companies, said the request before Council is a realignment of the property line between Lots 4 and 5. lot line bisects the westerly portion of the house. The purpose of the proposed realignment is to allow the proponents to sell and save the existing Frank Lloyd Wright house on Lot 4. In response to the Planning Commission, new surveys have been submitted showing the setback of 20 feet for the new house. With regard to access to the new building site, Mr. Schoenwetter said it was his understanding The current 2/22/94 963 that the lot would be developed with access from Londonderry Road or Stauder Circle. Public Comment John Marinovich, 6517 Stauder Circle, told Council that their home faces Stauder Circle and is directly across from the new Lot 5. He asked that driveway access for the new Lot 5 be from Stauder Circle because the traffic from Parkwood, Londonderry and Stauder Circle to the northwest is incredible. Another driveway coming off Lot 5 to Londonderry would be a serious concern. Molly Marinovich, 6517 Stauder Circle, said their concern was that the new house would not face Stauder Circle and they would be looking at the rear of the home. Further, that a three-story home would not fit in with the character of the neighborhood which is ranch/rambler style homes. Member Rice moved adoption of the following resolution, subject to the following conditions: 1) adjustment of the new westerly lot line to provide a setback of 20 feet for the existing house, 2) driveway access to new building site from Londonderry Road or Stauder Circle only, and 3) no access granted from new Lot 4 or Lot 5 to lots lying to the south and east: WEEREAS, the following described tracts of land constitute various separate parcels : RESOLUTION Lot 4, Block 5, Parkwood Knolls, and Lot 5, Block 5, Parkwood Knolls VHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels (herein called "Parcels"): Parcel A (New Lot 4) Lot 4, Block 5, Parkwood Knolls, according to the recorded plat thereof Hennepin County, Minnesota and that part of Lot 5, said Block 5 lying northerly of the following described line: Commencing at the northeast corner of said Lot 4; thence on an assumed bearing of South 71 degrees 50 minutes 29 seconds West along the north line of said Lot 4 a distance of 179.00 feet to the northwest corner of said Lot 4; thence South 22 degrees 30 minutes 54 seconds East along the west line of said Lot 4 a distance of 206.82 feet to the southwest corner of said Lot 4 which is the point of beginning of the line to be des,cribed; thence South 83 degrees 28 minutes 27 seconds West a distance of 98.25 feet; thence North 38 degrees 29 minutes 21 seconds West a distance of 105.73 feet to the westerly line of said Lot 5 and there terminating. Parcel B (New Lot 5) That part of Lot 5, Block 5, Parkwood Knolls, according to the recorded plat thereof Hennepin County, Minnesota lying southerly of a line described as follows: Commencing at the northeast comer of Lot 4 of said Block 5; thence on an assumed bearing of South 71 degrees 50 minutes 29 seconds West along the north line of said Lot 4 a distance of 179.00 feet to the northwest corner of said Lot 4; thence South 22 degrees 30 minutes 54 seconds East along the west line of said Lot 4 a distance of 206.82 feet to the southwest comer of said Lot 4 which is the point of beginning of the line to be described; thence South 83 degrees 28 minutes 27 seconds West a distance of 98.25 feet; thence North 38 degrees 29 minutes 21 seconds West a distance of 105.73 feet to the westerly line of said Lot 5 and there terminating. WEEREAS, it has been determined that compliance with the Subdivision and Zoning 2/22/94 164 Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning regulations as contained in the City of Edina Code Sections 810 and 850; NOU, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership 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 waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and 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 with the prior approval of this Council as may be provided for by those ordinances. Motion was seconded by Member Smith. Member Kelly offered an amendment to the motion that the driveway access to new Lot 5 be from Stauder Circle. Amendment failed for lack of second. Mayor Richards then called for vote on the main motion. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. ORDINANCE 1994-2 ADOPTED - AMENDING SUBSECTION 300.15 TO LIMIT "KBW OF DOGS AND CATS WHICH HAY BE KEPT AT ANY PLACE 7, 1994, First Reading was granted for Ordinance No. 1994-2 to change the limitation on pets per household from two animals to three dogs or cats in the aggregate. may receive Council permission to keep extra pets. Upon the advice of the City Attorney, staff would recommend changing Subd. 2 of the Ordinance by deleting language referring to reduction in value of neighboring property as a reason to not grant a permit. Sanitarian Velde recalled that on February The Ordinance would also provide a formal process whereby residents Hember Rice moved Second Reading and adoption of Ordinance No. 1994-2 as follows: ORDINANCE NO. 1994-2 AN ORDINANCE AHJBlDING SUBSECTION 300.15 OF THE CITY CODE TO PROVIDE A IZMITATION ON THE NUMBER OF DOGS AND CATS UHICH MY BE KEPT AT ANY PLACE THE CrrY COUNCIL OF THE CITY OF EDIHb ORDAINS: Section 1. read as follows: "300.15. cats in the aggregate which are over six months of age shall be kept or harbored at any place in the Cie, except in a pet shop, animal hospital, or commercial kennel, unless a permit has been issued pursuant to this Subsection by the Council. Subsection 300.15 of Section 300 of the City Code is amended to No more than three dogs or Limitation on Number of Dogs or Cats. Subd. 1. Permit Application and Hearing. Persons who vish to keep or harbor more than the number of dogs or cats permitted by this Subsection may apply for a permit from the Council. application, and the fee as set forth in Section 185 of this Code, the Council shall conduct a public hearing regarding the application. of the date, time, place, and purpose of the hearing shall be mailed at least 10 days before the date of the hearing to each owner of property situated vholly or partly within 200 feet of the property to which the application relates. After the receipt of the permit A notice 2/22/94 165 Subd. 2. Issuance of Permit. After hearing the oral and written views of all interested persons, the Council shall make its decision. shall not grant a permit unless it finds that keeping or harboring more than the allowed number of dogs or cats on the applicant's property: The Council A. Will not be a nuisance. B. applicant or other persons in the vicinity. Will not be detrimental to the public health and safety of the Subd. 3. Permit Not Transferable. No permit may be transferred to any person or place by the person or from the place to whom and for which the permit was granted. The permit shall'be granted only for the dogs or cats described in the application. may be replaced by the applicant without first obtaining a new permit from the Council. No dogs or cats described in the application Subd. 4. Conditions and Restrictions. The Council may impose conditions and restrictions as it deems necessary for the protection of the public interest and adjacent properties and to ensure compliance with the requirements of this Section and other applicable provisions of this Code. Each permit issued pursuant to this Subsection shall remain in effect only so long as the conditions and restrictions imposed by the Council are obsemed and not violated." Section 2. and publication. This Ordinance shall be in full force and effect upon passage n ATTEST : City Clerk Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. ORDINANCE NO. 1994-3 ADOPTED - AMENDING SECTION 185 OF THE CITY CODE TO PROVIDE A NES FEE FOR PERWIT APPLICATIONS FOR KEEPING EXTRB DOGS OR CATS: SECOND READING WAIVED Sanitarian Velde informed Council that staff has also recommended adoption of Ordinance No. 1994-3 which would provide a new fee of $100.00 for permit applications for keeping extra dogs or cats, with waiver of Second Reading so that the permit process can proceed. Mayor Richards called for public comment on the proposed ordinance. or objection was heard Member Kelly moved adoption of Ordinance No. 1994-3, with waiver of Second Reading as follows: No comment ORDINANCE NO. 1994-3 AN ORDINANCE AHEJYDING SECTION 185 OF THE CITY CODE TO PROVIDE A NEW FEE FOR PERMIT APPLICATIONS FOR KEEPING EXTRA DOGS OR CATS TBE CITY COUNCIL OF THE CITY OF EDINA ORDAJXS: providing a new fee as follows: Section 1.. Schedule A of Section 185 of the City Code is amended by 2/22/94 166 SECTION SUBSECTION PURPOSE OF FEE/CHARGE AHOUN!l! FEE NO. 300 300.15 Permit for extra dogs or cats $100.00 24 Section 2. This ordinance shall be in full force and effect upon passage and publication. ATTEST : -???A 53%. ad-- City Clerk Motion was seconded by Member Paulus. Mayor Richards called for public comment on the proposed ordinance. William Wright, 4737 Hibiscus Avenue, stated he felt the $100.00 fee was excessive to realistically handle expenses for processing the applications. suggested the fee be $50.00 which would be more in line with surrounding communities. He Attorney Gilligan answered Member Kelly that the fee must be reasonably related to the cost of providing the service. fee to be fair considering the staff time involved. Mayor Richards commented that he felt the Rollcall : Ayes: Kelly, Rice, Paulus, Smith, Richards Ordinance adopted. BID AWARDED FOR (16) 1994 GOLF CARS FOR BRAJZMARINORMANDALE GOLF COURSES Member Rice said he had asked this item be removed from the Consent Agenda to ask if the golf cars recommended were made in America and if the City had that as a requirement. Korea. a "buy Minnesota policy" but he was not aware of a Itbuy America" requirement. Director Keprios answered that the Hyundai golf cars are made in Assistant Manager Hughes said that at one time the State of Minnesota had Member Rice made a motion for avard of bid for purchase of 16 golf cars for Braemar and Normandale Golf Courses to recommended lov bidder, Versatile Vehicles, at $31,256.50. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR OVERBBUL OF WELT., #9 seconded by Member Rice for award of bid for overhaul of vell #9, to reconmended lar bidder, Lame Mhnesota Company, at $9,288.00. Motion was made by Member Smith and was Motion carried on rollcall vote - five ayes. *BID AWARDED FOR OVERHAUL OF WET,& #lO Motion was made by Member Smith and was seconded by Member Rice for award of bid for overhaul of vell #10 to recommended low bidder, Iayne Minnesota Company, at $14,949.20. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR PICKUP TRUCK FOR GOLF COURSE -CE Member Smith and was seconded by Member Rice for avard of bid for one pickup truck for golf course maintenance to Polar Chevrolet at $10,608.46, through Hennepin County bid, contract #2843A3. Motion carried on rollcall vote - five ayes. Motion was made by *BID AWARDED FOR PLASTIC WASTE BAGS FOR PARK FACITJTIES Motion was made by Member Smith and was seconded by Member Rice for award of bid for plastic waste 2/22/94 167 bags for various at $5.155.00. Motion carried park facilities to recommended low bidder, Merit Supply Company, on rollcall vote - five ayes. *BID AWARDED FOR STORM SEWER REPAIR AT 4602 BROWNDALE Motion was made by Member Smith and vas seconded by Member Rice for avard of bid for storm sever repair at 4602 Brovndale to recommended lov bidder, Solidification, Inc., at $12,146.00. Motion carried on rollcall vote - five ayes. -IC SAFETP STAFF REPORT OF 02/08/94 APPROVED Smith and vas seconded by Member Rice to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of February 8, 1994: Motion vas made by Member 1) 2) Removal of current "Yield" signs controlling Ayrshire Boulevard traffic and replacing them with "Stop" signs; Redesign and reinstallation of green arrow at W. 70th Street at Metro Boulevard ; and to acknowledge Sections B and C of the report as presented. Motion carried on rollcall vote - five ayes. FIRST READING GRANTED FOR ORDINANCE NO. 1994-4 - AMENDING CITY CODE BY REPEXLING AUTOMATIC TERHINATION OF PROVISION AI&OWING PUSHCARTS ON SIDEW- IN THE 50TH & FRANCE COMMERCIAL AREA 1993, the City enacted Ordinance No. 1993-5 which permitted the sale of food or beverages from pushcarts in the 50th & France Commercial Area. contained a provision whereby the Ordinance would sunset automatically on April 1, 1994, in order to allow the city an opportunity to evaluate the effects of the Ordinance. Assfstant Manager Hughes explained that on April 28, The Ordinance Assistant Manager Hughes told Council that to date, only one permit has been issued for a pushcart at 50th & France. This pushcart is operated by Cuppa Java and is used to dispense beverages. The City has received no complaints concerning the Cuppa Java pushcart. Staff believes such pushcarts are a very positive addition to 50th & France and would recommend that the sunset provision be repealed by adoption of Ordinance No. 1994-4. Marty Rud, President of the 50th & France Business and Professional Association, said they felt the Cuppa Java pushcart was a very positive experience, added something to the area, and they would like to see it continued. Member Kelly moved First Reading of Ordinance No. 1994-4 - An Ordinance Amending the City Code by Repealing Paragraph R.4 of Subsection 1230.02 (Automatic Termination of Provision Allowing Pushcarts in the 50th & France Commercial Area) as presented, with waiver of Second Reading. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly Nays: Paulus, Rice, Smith, Richards Motion failed. Discussion followed regarding limiting the number of pushcart permits that could be issued for the 50th & France Commercial Area. work with the 50th & France Business and Professional Association to address the issue prior to Second Reading. Mayor Richards asked staff to Mayor Richards then moved First Reading of Ordinance No. 1994-4 as follovs: ORDINANCE NO. 1994-4 AN ORDINANCE AMENDING THJ3 CITY CODE BY REPEALING PARAGRAPH 4.4 OF SUBSECTION 1230.02 (AUTOMATIC TERMINATION OF PROVISION ALT.DWING PUSHCARTS IN THE 50TH & FRANCE COMMERCIAL BREB) 168 2/22/94 THE CrrP COmOcIL OF TBE CITY OF EDINA ORDAINS: Code is repealed in its entirety. passage and publication. Motion was seconded by Member Rice. Section-1. Section 2. Paragraph R.4 of Subsection 1230.02 of Section 1230 of the City This Ordinance shall be in full force and effect upon its I Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. VEI;LHO!I'OR REPTACEMENT PROGRAM (NSP CONSERVATION PROGRAM) PRESENTED AND APPROVED Engineer Hoffman told Council that City staff has been working with NSP staff on a new energy conservation program that would provide a no-interest loan from NSP to promote energy retro-fits and provide a one time "bountyt1 or rebate on actual kilowatt-hours savings. $5 million per year to assist all local governmental agencies, i.e., counties, cities, and school districts and is on a first come - first serve basis. The candidate well motors needing replacement are between twenty to thirty years old. This is a new five year NSP program which is capped at Staff has done an analysis of the City's 18 water wells and believes that 16 well motors could be eligible for retrofit. consultant the City has used previously, agree with the preliminary cost and savings that would be obtained from the retrofit. Preliminary analysis would indicate an estimated expenditure of $120,000.00 with an approximate one time l'bountyl' of $30,000.00, resulting in a net of $90,000.00 to be paid back to NSP over a seven to ten year period at zero percent interest on the funds advanced for the retrofit program. The payback would occur as a utility bill charge to the City on its normal monthly bill.from NSP. savings should nearly offset the annual payback required for the program. NSP staff and an electrical engineering The calculated annual energy Engineer Hoffman said that staff woulu recommend processing the loan application for the retrofit, followed by competitive bids for the new well motors. Council would again review this project at the time of award of bid for the well motors. The City would have one year to install the new motors after NSP approval of the project. Council consensus was to authorize staff to prepare specifications for bids for replacement of sixteen existing well motors with new energy efficient motors, to be financed through the NSP energy conservation program as presented. *TJFDA!RC OH PURCHBSING POLICIES AND PROCEDURES CONTJXUED TO MARCH 21. 1994 Motion was made by Member Smith and was seconded by Member Rice to continue the matter of update on purchasing policies and procedures to March 21, 1994. Motion was carried on rollcall vote - five ayes. APP0I"TS MADE TO ART CENTEa COMHITTEE AND E" RELBTIONS COMMISSION Motion was made by Member Kelly for consent of the Mayor's appointment of individuals to advisory committees and commissions as follows: Edina Art Center Committee =chard Wyatt Human Relations Commission John Gordon (3 year term to 2/1/97) (partial term to 2/1/96) Motion for consent of the appointments was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. MAJOR WATERHAIN BREAK REPORTED AT WEST 70TH STRETIWNIDDALE AVEIQIX Assistant Manager Hughes reported that a major watermain break occurred during the night on February 15, 1994, on West 70th Street at Wooddale Avenue. Several hours elapsed before the break could be isolated and sanitary sewer backup occurred in 2/22/94 969 approximately 20 homes in the immediate area. Claims have been received from 12 of the affected property owners and subsequently were denied by the City's insurance carrier who viewed this as an "act of God" and not due to negligence of the City. with their private insurers have also been denied. Many calls have been received concerning the City's role in the event. Staff feels in somewhat of a dilemma because, as the owner and operator of a utility, staff feels a sense of obligation to the homeowners. event to assist a homeowner with financial relief out of the utility fund. Assistant Manager Hughes added that he had spoken with Dave Crowther of Harris- Horneyer, the City's insurance broker. The concern was that some of the City's coverage could be negated if the City provided any assistance independent from the insurance company. minimum cleanup bills from $500 to $1000, given the fact that it was raw sewage that backed up in their basements. Similarly, about half of the claims filed by individual homeowners No consistent policy exists dealing with this type It is estimated that these homeowners are faced with After brief discussion, it was the consensus of Council to place the issue of policy regarding such occurrences on the agenda for the March 7, 1994, regular Council Meeting. CLAIMS PAID claims as shown in detail on the Check Register dated February 17, 1994, and consisting of 23 pages: General Fund $281,155.73; C.D.B.G. $1,477.50; Communication $7,837.70; Working Capital $5,670.14; Art Center $13,068.12; Swimming Pool $178.34; Golf Course $54,020.08; Ice Arena $9,225.57; Gun Range $797.68; Edinborough/Centennial Lakes $24,278.99; Utility Fund $28,558.68; Storm Sever $1,609.27; Recycling $58.66; Liquor Fund $53,545.19; Construction Fund $1,785.00; IBR #2 Fund $711.00; TOTAL $483,977.65; and for confirmation of payment of the following claims as shown in detail on the Check Register dated February 16, 1994, and consisting of 14 pages; General Fund $154,585.34; Liquor Fund $177,440.23; TOTAL $332,025.57. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Kelly made a motion to approve payment of the following COUNCIL HEETING CLOSED FOR DISCUSSION OF AUF'DERHEIDE LITIGATION Motion of Member Smith was seconded by Member Kelly and adopted unanimously to close the regular Council Meeting to discuss the pending Aufderheide litigation. The closed Council Meeting commenced at 8:45 P.M. In attendance were Members Kelly, Paulus, Rice and Mayor Richards. Staff present were Assistant Manager Hughes, Attorney Gilligan, Planner Larsen, and Clerk Daehn. Attorney Gilligan advised the Council that he had received a revised settlement proposal from the attorney for Mr. and Mrs. Aufderheide and such settlement proposal had been approved by the City's insurance company which has assumed the defense of the Aufderheide litigation. Discussion followed on the details of settlement now under consideration and the position of the City's insurance company concerning the settlement. The Council also discussed pursuing the litigation to trial. Mayor Richards declared the closed Council Meeting adjourned at 8:55 P.M. other business was discussed or action was taken. No REGULAR COUNCIL MEETING REOPENED: ACTION TAKJlN ON AUFDERHEIDE LITIGATION Mayor Richards declared the regular Council Meeting re-opened at 8:55 P.M. for Council action OR the Aufderheide litigation. 170 2/22/94 Heniber Paulus made a motion authorizing the City's insurance company and the City Attorney to settle the Aufderheide litigation by payment by the City's insurance company of attorney fees not to exceed $32,000.00 and upon agreement by Mr. and Hrs. Adderheide, to dismiss the claim with prejudice. Member Smith. Rollcall : Ayes: Paulus, Rice, Smith, Richards Nays: Kelly Motion carried. I Motion was seconded by There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:OO P.M.