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HomeMy WebLinkAbout19940815_regular35 MINUTES OF THE REGULAR MEETING OF TIfE EDINA CITY COUNCIL HEXD AT CITY Ew;L AUGUST 15, 1994 ROLLCALL Answering rollcall were Members Kelly, Paulus, Richards. CONSENT AGENDA ITEMS APPROVED Motion vas made by Member by Member Kelly to approve and adopt the Council Consent Ro 11 c a1 1 : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF REGULAR WEETING OF AUGUST 1. 1994. APPROVED Member Smith and was seconded by Member Kelly to approve Regular Council Meeting of Auwst 1, 1994. Motion carried on rollcall vote - five ayes. Rice, Smith and Mayor Smith and vas seconded Agenda as presented. Motion vas made by the Minutes of the FINAL REZONING. AMEND= TO THE COMPREHENSIVE PIAN - PLANNED COMMERCIAL DISTRICT. PCD-4 AND SINGLE DWELLING UNIT DISTRICT, R-1 TO PLANNED RESIDENCE DISTRICT. PRD-4. AND PRELIMINARY PLAT APPROVED FOR 4101 WEST 50TH STREET. 5014, 5016. 5024 HALIFAX AVENUE Mayor Richards recalled that at the meeting of August 1, 1994, the Council had continued the request for final rezoning, amendment to the Comprehensive Plan from Planned Commercial District, PCD-4 and Single Dwelling Unit District, R-1 to Planned Residence District, PRD-4 and preliminary plat approval for property at 4101 West 50th Street, 5014, 5016 and 5024 Halifax Avenue to allow the proponent to respond to questions raised by the Council. Presentation bv Proponent Mark Haymaker, Haymaker Construction, presented a revised landscape plan showing that the 'Crimson King' maples have been increased in size from three to four inches in caliper along the south property boundary and the 'Black Hills' spruce trees have been increased in size from six and eight feet in height to ten feet along the west property boundary as had been suggested by the Planning Commission. Concerning the questions of Council about the increase in grade elevation from 887 feet to 890 feet, Mr. Haymaker explained that when the preliminary plans were presented to the Planning Commission, they had preliminary findings in terms of the catch basins. Subsequently, they hired a civil engineering firm to determine the proper elevation for the storm sewer at the street elevation which necessitated a change in the trench drain at the garage door elevation. This resulted in a three foot grade increase with the roof elevation actually three feet higher than originally proposed in order for the water to properly drain away from the building. Mr. Haymaker noted that the existing sidewalk at 50th and Halifax is at 889 feet and the proposed building would be 36 feet high from that point. immediate area ranging from 944 feet for the Lanterns to 936 for First Bank in relation to the proposed building at 890 feet. building and surrounding area had also been adjusted by the increase of three feet in grade elevation. A graphic compared the elevations of existing buildings in the He noted that the model for the Mr. Haymaker then showed an architectural schematic and explained that the building would be 58.1 percent brick and 41.9 percent stucco with upper-grade windows. The brick would be of a rich tone that would tie in with the surrounding buildings and the stucco would blend well with some of the adjacent properties. 8/15/94 36 Jerry Sunde, Sunde Engineering, said he was the civil engineer for the project. He explained that 890 feet must be the grade for the site as it is based on the elevation of the storm sewer in the street. The basement floor elevation has to be at about 880 feet in order to have fall to the street and that sets the grade of the building. at 890 feet. Public Comment James Hauck said he had grown up at 5029 Indianola Avenue and would like to see the neighborhood remain residential. If the project is approved, he hoped there would be sufficient buffer so as not to impact the character of the neighborhood. He questioned whether the mature trees would be removed and urged they remain. Mr. Hauck also suggested that the maple trees be six to eight inch caliber because it takes small trees a long time to mature. I . The first floor of the building would be ten feet above that or Janet Smith, 5017 Indianola Avenue, said her property is directly behind the subject site and adjacent to the alley. Her concern was how the change in grade elevation would affect water drainage to the west and her property specifically. Mr. Sunde explained that the entire building would have roof drains which would pipe the storm water to the storm sewer in the street. drain out to Halifax Avenue. would be for a storm sewer on Indianola. The parking area would He said a long term assurance for her property Mr. Haymaker explained that, after discussion with Mark Lumry, landscape architect, City Engineer Hoffman and Jerry Sunde, they had worked out a swale at the back along with a one to two foot retaining wall to divert the majority of the surface water away from the alley and towards the parking area (southeast) so it could be diverted to the storm sewer in the street. Together with the roof drains, there will be less water going towards the west than does presently. Member Smith made a motion to grant final rezoning, amendment to the Comprehensive Plan and prelimilrary plat approval, subject to: 1) Final Plat approval, 2) Landscaping bond and 3) Watershed District grading permit, as f ollovs : I ORDINANCE NO. 850-194 AN ORDINANCE AMENDING TLIE ZONING ORDINBNCE (NO. 850) BY &EZONING PROPERTY TO PLANNED RESIDENCE DISTRICT, PRD-4 FROH PUNNED COHHEBCIBL DISTRICT, PCD-4 AND FROM SINGLE DWEXJJNG UNIT DISTRICT, R-1 TEE CITY COUHCIL OF TBE CITY OF EDINA, MINNESOTA, ORDAINS: amended by adding the following thereto: Section 1. Subsection 850.06 of Section 850 of the Edina City Code is "The extent of the Planned Residence District, PRD-4 is enlarged by the additidn of the following property: Parcell: Block 1, STEVENS' 1ST ADDITION TO lDXNEAPOLIS, according to the recorded plat thereof. The vest 24.62 feet of Lot 1 and the East 20 feet of Lot 2, Parcel 2: Lot 6, Block 1, STEVENS' 1ST ADDITION TO MINNEAPOLIS, together vith the East 1/2 of the vacated alley adjacent thereto lying betveen the extension Westerly of the North and South lines of said Lot according to the recorded plat thereof. Parcel 3: Lot 7, Block 1, STEVWS' 1ST ADDITION TO MINNEAPOLIS, except the East 5 feet thereof, together with the East 1/2 of the vacated alley adjacent thereto lying between the extension Westerly of the North and South lines of said Lot 7, according to the recorded plat thereof. I 81 15/94 37 Parcel 4: The East 96 feet of Lot 1, Block 1, STEVENS' FIRST ADDITION TO MINNEBPOLIS, excepting therefrom the Easterly 5 feet thereof conveyed to the Village of Edina for Highway purposes by Deed dated Hay 19, 1922, and recorded in Book No. 956 of Deeds on page 334. Also, excepting therefrom that part of Lot 1, Block 1, STEVENS' FIRST ADDITION TO MINNEAPOLIS, lying South of the North 7 feet of said Lot 1, West of East 5 feet of said Lot 1, Easterly of a curved line concave to the East line, radius 353.33 feet drawn from a point in South line of North 7 feet of said Lot 1, distance 15 feet West of East line of said Lot 1 to point in West line of East 5 feet of said Lot 1, distance 90.66 feet South of the North line of said Lot 1. Also excepting therefrom that part of Lot 1, Block 1, STEVENS' FIRST ADDITION TO MINNEAPOLIS, lying South of the North 7 feet of said Lot 1, Westerly of the following described line: A curved line which is concave to the East and has a radius of 353.33 feet and is drawn from a point in the South line of the North 7 feet of said Lot 1, distance 15 feet West of the East line of said Lot 1 to a point in the West line of the East 5 feet of said Lot 1, distant 90.66 feet South of the North line of said Lot 1 (Line "A"); and Northeasterly of a curved line, concave to the Southwest, having a radius of 30.00 feet, and which is tangential with the South line of the North 7 feet of said Lot 1 and with said Line "A". Parcel 5: Lot 1, Block 1, GLENVIEW ADDITION. That part of the North half of the Alley Dedicated in Block 1, STEVENS' 1ST ADDITION TO MINNEAPOLIS, according to the recorded plat thereof, Hennepin County, Minnesota, lying Easterly of the Southerly extension of the West line of the East 20.00 feet of Lot 2, Block 1 and lying Westerly of the Southerly extension of the West line of the East 5.00 feet of Lot 1, said Block 1. That part of the South half of said Alley in Block 1 lying Easterly of the Northerly extension of the West line of the East half of the vacated alley in said Block 1 and lying Westerly of the Northerly extension of the West line of the East 5.00 feet of Lot 7, Block 1. The extent of the Planned Commercial District, PCD-4 is reduced by removing the property described above as Parcel 1 and Parcel 4 from the PCD-4 District." Section 2. This ordinance shall be in full force and effect upon. passage and publication. ATTEST : City Clerk RESOLUTION AMENDING THE COMPREHENSIVE PLAN AND 50TH AND FRANCE COMMERCIAL AREA REDEVEMPMENT PLAN BE IT RESOLVED by the Edina City Council that the Comprehensive Plan of the City be amended by changing the designation for the property located at 4101 West 50th Street on the 1980 City Land Use Map from commercial to high density residential; BE IT FIIRTHFX RESOLVED that the 50th and France Commercial Area Redevelopment Plan be amended by changing the designation for the property located at 4101 West 50th Street from commercial to high density residential. RESOLUTION GRANTING PRELILMINARY APPROVAL FOR HENLEY ADDITION 38 8/15/94 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plan entitled "HENLEY ADDITION" platted by Haymaker Construction, a Minnesota corporation, and presented at the regular meeting of the City Council of August 15, 1994, be and is hereby granted preliminary plat approval. Motion for final rezoning, plan amendments and preliminary plat approval was seconded by Member Kelly. . Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *PRELIMINARY REZONING - PIA"ED COMMERCIAL DISTRICT. PCD-4 TO PLANNED COMMERCIAL DISTRICT, PCD-3 AND FINAL DEVELOPMENT PIAN FOR 3500 WEST 69TH STREET CONTIlUUED TO SEPTEMBER 7, 1994 Hotion vas made by Member Smith and was seconded by Member Kelly to continue the public hearing on Preliminary Rezoning - Planned Commercial District, PCD-4 to Planned Commercial District, PCD-3 and Final Development Plan for property at 3500 West 69th Street to September 7, 1994. Motion carried on rollcall vote - five ayes. FINBL PIAT APPROVED FOR PINK ADDITION (6520 INTwulCEIEN BOULEVAJD~ Presentation by Associate Planner Associate Planner Aaker advised that the proponents are requesting final plat approval for the Fink Addition. Interlachen Boulevard and is developed with a single dwelling unit with a lot area of 62,347 square feet. creation of a new buildable lot behind the home. The Council granted preliminary plat approval for the Fink Addition on February 22, 1994. Conditions imposed for the preliminary approval included demonstration of a driveway location, grading, drainage and tree removal. grading plan that included a 12 foot wide driveway along the west property boundary of the new lot with an earth berm along the east edge of the driveway and a retaining wall along the west property boundary. She explained that Engineer Hoffman requested a change to the grading plan, after the City received it last Thursday, to include a small berm to channel any hard surface runoff to a natural swale which runs north of the property and which was recommended to prevent water runoff to the properties to the east. revised grading plan was presented to the Council prior to the meeting. The subject property is located at 6520 The existing home on the lot will remain with the Ms. Aaker presented a graphic with the proposed She noted that the newly Associate Planner Aaker explained that one 30 foot maple tree would be removed for driveway construction and a 24 inch diameter ash tree may require removal depending upon building location. berm along the east property boundary as recommended by Engineer Hoffman. second graphic illustrated the final plat with a 25 foot drainage easement. No building will be allowed to be built within the easement area. Staff would recommend final plat approval conditioned upon: 1) subdivision dedication based on unimproved land value of $130,000, and 2) approved final grading plan prior to issuance of building permit. A graphic was presented detailing the drainage A Presentation by Proponent Dr. Robert Fink, proponent, said he had nothing to add to the presentation and affirmed that he was in agreement with the City Engineer's recommendation relative to the drainage berm along the east property line. Public Comment Bruce Peterson, 4920 Ridge Road, said they live to the east of the subject property. restriction requiring a 25 foot setback that would restrict any future structures or hard surface areas from being constructed within the setback. concern is that a future owner of the property may construct an addition to this proposed modest house that would come within 10 feet of their rear lot line. He spoke to his letter dated July 29, 1994, requesting a deed He said their 8/15/94 39 Kathy 0'Connell;McCombs Frank Roos and Associates, said she was representing the proponents, Margaret and Dr. Robert Fink. They have been given a copy of the letter from Bruce Peterson and at the City's recommendation have put the 25 foot easement in on the east side that would restrict any building. also mentioned concern about the driveway area. She said this is addressed by the limit of level grade beside the berm area. The Petersons had Ms. O'Connell answered Member Rice that the new lot would have a 25 foot setback on the north, on the east a 25 foot drainage and grading easement and a 10 foot easement on the west and south. proposed grading plan is more than 40 feet from the lot line. that a final building plan has not been completed but grades on the property could accommodate a walk-out type of home on the northeast. The lot is also heavily wooded. The limit of grading on the easterly side of the She pointed out Mr. Peterson reiterated his concern that there be.a 25 foot setback on the east side of the new lot to assure protection from any future addition to the house. Ms. O'Connell responded that the final plat provides for a 25 foot setback on the north and a 25 drainage and grading easement on the east. grading easement would be a permanent part of the plat when the plat is filed with Hennepin County. to vacate easements. This drainage and Mr. Peterson interjected that property owners can petition Member Smith asked the City Attorney if the drainage and grading easement would assure that no building could occur thereon. explained that a drainage easement is to allow drainage and anything can be built on it that does not interfere with drainage. It is also within the control of the Council to vacate easements or to change easements upon request. Acting City Attorney Erickson . No further comments or objections were heard. by the Council. Mayor Richards called for action Member Rice made a motion for adoption of the following resolution conditioned upon: 1) Subdivision dedication fee of $10,400, and 2) Approved grading plan prior to issuance of building permit: RESOLUTION GRBNTING FIHBL PLAT APPROVAL FOR FINK ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "FINK ADDITION", platted by Robert J. Pink and Margaret M. Fink, husband and wife, and presented at the regular meeting of the City Council of August 15, 1994, be and is hereby granted final plat approval. Motion was seconded by Member Smith. Member Paulus noted that the size of the proposed home is not as great as those in the surrounding area and the next owner might well ask to add onto the home. She said she was not opposed to the project nor how the building pad is sitting. However, she felt the Petersons or anyone else owning their home would have no assurance that an addition to the proposed house would not be as close 10 feet from their property line unless there was a deed restriction for the 25 foot setback. in favor of the City, not to the property owner. Attorney- Erickson interjected that such a Member Paulus offered an amendment to the motion to of a 25 foot setback on the easterly portion of the the City of Edina. Motion to amend was seconded by Ayes: Kelly, Paulus, Smith Nays: Rice, Richards Motion amended. deeded restriction should run include a deeded restriction property to run in favor of Member Smith. 8/15/94 40 Mayor Richards then called for vote on the main motion as amended. Rollcall : Ayes: Kelly, Paulus, Rice, Smith Nays: Richards Motion carried. PUBLIC HEBRING CONDUCTED ON REOUEST FOR PARTIAL =LEASE OF CONSERVATION SEPTELIBER 7. 1994. FOR PARTIAL RELEASE OF CONSERVATION RESTRICTION Presentation bv Associate Planner Associate Planner Aaker stated that the subject property is a five lot subdivision located south of Interlachen Boulevard and west of Schaefer Road. The property consists of 10.5 acres; four of the acres are a ponding area. subdivision was approved in February, 1993. Four of the five lots in the subdivision remain undeveloped and were approved with a 100 foot conservation restriction as measured from the ordinary high water mark of the lots. The first 25 feet from the ponding area is a natural condition restriction which is a 'no- touch' area. The remaining 75 feet of the restriction is a open space area which allows for landscaping and normal rear yard surface use activities. It does not allow for any structure encroachment. Council release a portion of the open space restriction on Lots 4 and 5. The applicant is requesting the first 19 feet of the open space restriction on Lot 4 and the first 23 feet of the restriction on Lot 5 to allow accommodation of a building footprint. RESTRICTION - MARK DBMUIST ADDITION: FINDINGS TO BE CONSIDERED BY COUNGIL ON The The proponent is requesting that the Presentation for Proponent Tim Keane, Larkin, Hoffman, Daly, Lindgren, stated he was the attorney representing Ron Clark Construction and noted that there has been some history on the subject property. 1993. prospective home buyers and has endeavored to site homes on Lots 4 and 5. have found it is practically impossible to site a home with the character and symmetry of the neighborhood on the limited buildable area left after the Conservation restriction is taken into account. pointed out the restricted buildable areas on the two lots. Mr. Clark had asked that the conservation restriction be reduced from 100 feet to 50 feet. That request has been modified for laying in of homes specific to the sites and the request for partial release of the restriction is now as follows: I As indicated by staff, the plat was approved in early Since that time Ron Clark Construction has attempted to work with They He presented graphics and Previously, Lot 4: 19 foot vacation reducing the 100 foot restricted area from 100 to 81 feet. percent to 18 percent. Developable portion of the site would be increased from 12 Lot 5: 23 foot vacation reducing the 100 foot restricted area from 100 to 76 feet. percent to 12 percent. Developable portion of the site would be increased from 7 Mr. Keane said they believe the request is moderate and reasonable, is based on experience in working with prospective homeowners and is necessary in order to build homes that are in character with the area. Public Comment Patrick Mantyh, 6413 Interlachen Boulevard, said he sees tw6 intertwined issues with the proposal; fairness to all citizens and a final resolution of this matter. yard setback variance to build a garage. denied the variance. He was told that the laws are enforced and variances are not going to be granted unless he could show that his property was worthless without the variance. He told Council that four years ago he had requested a seven foot front The Planning Commission and Council Although he lost the appeal, Mr. Mantyh said the good side 81 15 /94 41 was that he knew the laws are applied in equal fashion throughout the City. Mr. Mantyh observed that development of the Dalquist property has been a long and arduous process. Originally, the City Planner had told him that no more than two homes would be built in the area and yet the subdivision was granted at five. It was a give/take process - none of the neighbors wanted that. At one time Mr. Clark wanted to fill in the pond and substantially change the character of the neighborhood. restriction on the property to which Mr. Clark agreed. Recently, Mr. Clark requested a 50 foot variance from the conservation restriction which Council did not approve. As an experienced builder, Mr. Clark now says he cannot do what he thought he could on the buildable area of the lots. Mr. Mantyh said the request for release of 19 and 23 feet on the lots is unreasonable and it is unfair to give preferential treatment to developers. Mr. Mantyh said if Mr. Clark had approached the neighborhood and said he needed a foot or two in order to build the houses he would have no problem with such a request and the neighbors would concur. Mr. Mantyh said the developer should be required to stick to the agreement that was made when the plat was approved for five homes and the conservation restriction was imposed. The Council said no and put a 100 foot conservation In response, Ron Clark, Ron Clark Construction, observed that when the subdivision was granted and he agreed to the 100 foot conservation restriction it was prior to any contact with clients on custom design work. In calculating the square feet within the buildable area it would seem there would be enough square feet to design a home in keeping with the character and symmetry of the neighborhood. The problem is that the buildable lot areas are very irregular; especially on Lots 4 and 5. The issue is depth and the ability to include decks and porches on the homes within the buildable area. Mr. Clark said he is working with specific clients for these two lots and in one case, this is the fourth redesign and for the other the second. Mr. Clark noted that these homes will be part of the neighborhood long after construction is completed and he is gone. He would like them to be in keeping with the character and symmetry of the area. Member Smith commented that from the plans presented it would appear that an entire band of 19 or 23 feet across the lot would not be needed but only where the porch, deck or other part of the homes intrude into the restricted area. Mr. Clark said that was correct - the problem is that certain areas of the proposed houses protrude into the restricted area as illustrated on the boards presented. Council Comment Mayor Richards said he believed the whole process for this subdivision led to the frustration of the neighborhood when the home on Lot 1 was built before the remainder of the property was subdivided. Further, that Mr. Clark was wrong in representing to the Council that he could-build on the buildable portion of the lots that would be commensurate with the neighborhood. was not persuaded that this would be a better development for the neighborhood if there were three lots rather than four as has been suggested by one individual. In walking the property, Mayor Richards submitted that the subdivision would have minimum impact on adjoining properties. Mayor Richards said he Mayor Richards said he would consider releasing, on a lot by lot basis, a portion of the conservation restriction to accommodate the proposed building footprint for each lot, subject to final design plans coming back detailing the encroachment on the 100 foot conservation restriction. Member Rice suggested that any release be specific to the final design plan for each home so that an owner could not come back with plans for any addition at a later date. Member Smith said he would endorse the process outlined by Mayor 42 8/15/94 Richards and Member Rice. Member Kelly stated she had walked the property and would agree. that the City Attorney prepare findings in support of the partial release of the conservation restriction. Member Paulus said in walking the property with Mr. Clark he had indicated that these many not be the final plans and there could be further revisions. the Council should consider partial release of the conservation restriction only upon evidence of a purchase agreement for a final design and actual footprint of the home. She suggested I She felt Mr. Mantyh said he believed the Council is attempting to do the best job they can but he deems the developer to be less than forthright throughout these hearings. He asked Council to look at Mr. Clark's behavior in the past and to hold him to his word. Ed Glickman, 5217 Schaefer Road, spoke to information he had provided to Council and inquired of the Council or Attorney Erickson what authority they had to release a conservation restriction. He referenced a memorandum from Attorney Gilligan dated July 1, 1994, which stated that the City has the authority under MN Statutes 84.64. He asked how this lines up with the City's own ordinances that state that: 1) there shall be a perpetual 100 foot easement, and 2) if anyone has a problem with the 100 foot perpetual easement that relief is sought under the'variance ordinance; how does this line up with the Comprehensive Plan that dedicates the City of Edina's waters for conservation purposes. reason need to be stated for a release of a conservation restriction other then maximization of a developer's profit. Mayor Richards said that the Council is a citizen body set up to develop policy and use its judgement in how Edina develops. While the questions raised are legal in nature, and while they may or may not be appropriate or answerable, this is not a court of law and they will not be responded to at this forum. Continuing, Mr. Glickman said he objected to not being able to ask the City Attorney what the authority is in this matter. Mayor Richards asked Mr. Glickman to state his views as to what the Council should do as a body on the matter before Council. other views other than the questions raised. Does a I Mr. Glickman said he had no Peggy Carlisle, 5013 Ridge Road, stated that neighbors are extraordinarily concerned with what happens with the subdivision. this for three years and thought a decision had been made. She said her concern was that the building plans presented are not firm plans and if the Council allows a yes on any part of this the developer will be back again and again with changes. She asked the Council to just say no until a final design plan for the building footprint is approved. They have been going through Ann Glickman, 5217 Schaefer Road, emphasized that every time the subject of the 100 foot conservation restriction has come before Council the original decision has been upheld. conservation restriction. She asked that Council continue to uphold the 100 foot John MacNeil, 5017 Schaefer Road, asked Council to stay with the 100 foot conservation easement. the restriction to accommodate the developer is destroying the 100 foot restriction. Proponent Response Ron Clark admitted he made a mistake in looking at the square feet of the buildable area when he accepted the 100 foot conservation restriction. have taken the time to sit with prospective clients or on his own designed homes Taking an approach of releasing only a small portion of R He urged the Council to not release any part of the restriction. He should 8/15/94 43 to fit those parcels in keeping with the character of the neighborhood. the partial release of the conservation restriction, the homes would be shallow and wide and would resemble railroad cars. He stated he has firm clients for both Lots 4 and 5. construction drawings, and present a price to the clients in order to get a contract. would prefer a formula that would lock him into an exact square footage of buildable area or a percentage. When firm plans are presented for a building permit, the City staff would then calculate the square footage and if it were exceeded no permit would be issued. Without The next step would be to develop the plans further to Concerning the process proposed by the Council, Mr. Clark stated he I Member Rice said he was not in favor of Mr. Clark's last suggestion. was conceptually in favor of releasing a portion of the restriction as proposed on Lot 4, for example. the Council can assess the effect it would have on the character of the area. Member Rice said he felt Lot 4 as proposed would not be a detriment to the neighborhood but that Lot 5 appears a bit excessive. Further, he felt a deck would be less intrusive than.fully-enclosed construction such as a master bedroom. He said he He suggested when a firm building footprint is presented Mayor Richards observed that the Council seems supportive of relinquishing portions of the 100 foot restriction based upon specific building plans submitted for Lots 4'and 5. develop findings to articulate reasons for any release of a portion of the conservation restriction. He concurred with Member Kelly that staff be directed to Mayor Richards made a motion to instruct staff to prepare findings for Council consideration on September 7, 1994, to be available to all interested individuals, that would address: 1) no impact on the minimum 50 foot setback requirements imposed by the Department of Natural Resources, 2) no encroachment into public waters, 3) no adverse effect on the character and symmetry of the neighborhood, 4) site specificity as to Lots 4 and 5, with a specific building footprint, and 5) if release were approved, permanent structures would not encroach on any other natural or open space areas within the 100 foot conservation restriction except portion released. motion. Member Kelly seconded the Roll ca 11 : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. WDBG YEAR XX SWRECIPIEN'J! AGREEMENT APPROVED and was seconded by Member Kelly for adoption of the following resolution: Motion was made by Member Smith RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH EIENNEPIN COUNTY FOR 1994 (YEAR XX) URBAN -PIN COUNTY COMMUNITP DEVELOPMENT BLOCK GRANT PROGRAM WHEREfS, the City of Edina has executed a Joint Cooperation Agreement with Hennepin County for the purpose of participating in the 1994 (Year XX) Urban Hennepin County Community Development block grant program; and WHEREAS, Hennepin County is the recipient of an annual grant from the U.S. Department of Housing and Urban Development for purposes of the program, and the City is a subrecipient under the program and receives a share of the grant: and WHERJGS, program regulations require that the City and County execute a Subrecipient Agreement which sets forth the specific implementation processes for activities to be undertaken with program funds; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby authorizes and directs the Mayor and City Manager to execute the Subrecipient Agreement on behalf of the City. ADOPTED this 15th day of August, 1994. 8/15/94 44 Motion carried on rollcall vote - five ayes. PUBLIC HEBRRJG EELD: VACATION GRANTED FOR UTILITY AND DRBINBGE EASEMENT - LOT 5. BLOCK 7. UOODBURY PARK NEAR IAKE HARRIET (3617 WEST 55TH STREET) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Enrrineer Engineer Hoffman reported that City staff has received a request to vacate a portion of a ten foot wide sideyard utility and drainage easement on property located at 3617 West 55th Street for the purpose of adding a new garage to the property. line which serves both the requesting property and the property to the west. NSP staff has stated that they are willing to change their position if the property owner and NSP can relocate the service wires with the homeowner being responsible for the costs. relocation. adjacent property owners. NSP objects to the vacation of the easement as they have an overhead The property owner has agreed to pay for the No objections have been received from other utility companies or Staff has reviewed the request and would recommend vacating only a portion of the request to vacate the easterly five feet of the easement sufficient to accomplish the requested building addition, subject to the NSP issue being resolved. Elizabeth Nordstom, 3617 W. 55th Street, asked if there would be a problem with having their driveway to the new garage over the easement. answered that only a structure on an easement would be a problem - a concrete or asphalt driveway would not. Engineer Hoffman Mayor Richards called for public comment on the proposed easement vacation; no comment or objection was heard. Member Rice introduced the following resolution and moved its adoption: RESOLUTION VACATION EBSEMENT FOR DRhINBGE AND UTILITY PURPOSES IN TEE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA WEEREAS, a resolution of the CIty Council, adopted the July 18, 1994, fixed a date for a public hearing on a proposed vacation of easement for drainage and utility purposes; and WEEREAS, tvo veeks published and posted notice of said hearing vas given and the hearing vas held on the 15th day of August, 1994, at which time all persons desiring to be heard vere given an opportunity to be heard thereon; and VHEBEhs, 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 Ccnmcilhas considered the extent to vhich the vacation affects existing easements vithin 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 vater 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; NOW THEBEPORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the following described portion of the drainage and utility easement be and is hereby vacated effective as of August 15, 1994; The South 20.00 feet of the north 54.45 feet of the east 5.00 feet of the vest 10.00 feet of the east half of vacated Drew Avenue lying south of the westerly extension of the north lbe of Lot 5, Block 7, Woodbury Park Near Iake Harriet, according to the recorded plat thereof Hennepin County, Minnesota. 8/15/94 .. 45 Provided however that after due consideration, the Council has determined and hereby specifies that the foregoing vacation shall not affect, and there is hereby continued, reserved, and retained, the following existing easements and authority in, on, and under the above vacated area: vacated area to maintain, repair, replace, remove, or otherwise attend to, all of the poles, pipes, mains, and lines for electric service now in, on or under the above vacated area. (a) The authority of Northern States Power Company to.enter upon the above The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared and entered in the transfer 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, Rice, Smith, Richards Resolution adopted. *BID AWARDED FOR 2.75 CUBIC YARD ARTICULATED 4-WEEEL DRIVE LOADER Motion was made by Member Smith and was seconded by Member Kelly for award of bid for one 2.75 cubic yard articulated $-wheel drive loader to recommended second low bidder, Ziegler, Inc., at $50,789.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR 3.5 CUBIC YARD ARTICULATED 4-WHEEL DRIVE LOADER Motion was made by Member Smith and was seconded by Member Kelly for award of bid for one 3.5 cubic yard articulated 4-wheel drive loader to recommended low bidder, St. Joseph Equipment, at $53,623.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR PUMP HOUSE RENOVATION - 5233 HALIFAX AVTBIIJE Motion was made by Member Smith and was seconded by Member Kelly for award of bid for pump house renovation at 5233 Halifax Avenue to recommended low bidder, Noonan Construction. Inc., at $9,187.00. Motion carried on rollcall vote - five ayes. TRAFFIC SAFETY STAFF REPORT OF AUGUST 9. 1994 APPROVED Engineer Hoffman informed Council that a request was made through Hennepin County to allow limited parking on Sundays on the west side of France Avenue (Edina side of street) in the 4700-4900 blocks to accommodate church parking sought by Good Shepherd Church. Staff discussed the following facts surrounding the request: France Avenue is a border street between Minneapolis and Edina. Municipalities have the authority to regulate parking and in this case, west side authority is under the purview of Edina. Over 12,000 vehicles utilize France Avenue during weekdays and it functions as a minor arterial roadway. this traffic. easily be handled while allowing parking. The history of parking restrictions along France Avenue has been controversial in the past with inconsistencies between Edina and Minneapolis. Citizen participation has been important to those issues. Parking restrictions exist to accommodate Sunday morning traffic is greatly reduced and volume could The recommendation of staff is that it does not oppose permitting Sunday parking from 8:30 A.M. to 12:30 P.M. on a technical, policy or warrant basis. Engineer Hoffman explained that residents along France Avenue in the 4700 to 4900 blocks and the 50th & France Business Association have been given an information 46 8/15/94 letter. Mayor Richards called for public comment on the request; no comment was heard. One phone call has been received in support of the proposal. Mayor Richards questioned if there would be a problem during the snow season and suggested this be reviewed after a six month trial period. . Member Smith introduced the following resolution and moved its approval, subject to review after a six month trial period: RESOLUTION RELBTING TO PARKING RESTRICTIONS On CSBH 17 (France Avenue) from West 47th Street To West 49th Street (West Side) in the City of Edina, Minnesota. THIS RESOLUTION passed the 15th day of August, 1994, by the City of Edina in Hennepin County, Minnesota. called the "City", UITNESSETH: WHEREAS, the City has reviewed a request for parking on CSAH 17 (France Avenue) from West 47th Street to West 49th Street. WEEREAS, the City has allowed Sunday morning parking on other collector (high- volume) streets in Edina. FJHEBEBS, this request does not appear to affect traffic operations due to the low traffic volumes on Sunday mornings. NOU, TBEBEFORE, IT IS HEREBY RESOLVED: that the City would allow parking on France Avenue between West 47th Street and West 49th Street from 8:30 A.M. to 12:30 P.M. on Sundays. Dated this 15th day of August, 1994. The Municipal corporation shall hereinafter be Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith made a motion to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of August 2, 1994: 1) To install "Dead End" or "No Outlet" signage on Jay Place at W. 50th 2) Street; Resolution to establish "No Parking Anytime" parking restrictions on Vernon Avenue between T.H.lOO and Blake Road as follows: RESOLUTION RELBTING TO PARKING RESTRICTIONS On CSAH 158 (Vernon Avenue) from T.H. 100 to Blake Road in the City of Edina, Minnesota. THIS RESOLUTION passed this 15th day of August, 1994, by the City of Edina in Hexmepin County, Minnesota. called the "City", WITNESSETH: l?EE€WS, the City has reviewed the operation of CSAH 158 from T.H. 100 to Blake Road, VBEBEBS, this traffic operation does not provide adequate width for parking on both sides of the street. NOW, THeaEFORE, IT IS THEBEBY RESOLVED: That the Ciq, shall ban the parking of motor vehicles on both sides of CSAH 158 between T.H. 100 and Blake Road. and to acknowledge Section B and C of the report as presented. The Municipal corporation shall hereinafter be Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. METROPOUTAN MOSQUITO CONTROL DISTRICT UPDATE PRESENTED Metropolitan Mosquito Control District, stated he was foreman in charge of mosquito control for the City of Edina. to open up lines of communication between the District and elected officials. introduced Susan Palchick and Wayne Johnson, District staff members, and said they could answer any questions specific to mosquito control in Edina. presented an eleven minute video on the District's mosquito program which was established in 1958. Kyle Beadle, He stated the purpose of the visit was Ire He then 8/15/94 47 In summary, the video pointed out that the mission of the Metropolitan Mosquito Control District (MMCD) is to suppress mosquito and tick transmitted diseases and to reduce annoyance levels of mosquitoes and gnats below that which interferes with outdoor activities. MMCD is a seven-county, cooperative governmental agency, including the counties of Anoka, Dakota, Hennepin, Ramsey, Scott, Washington'and the eastern half of Carver. control of mosquito larvae while they are in the water. Sites are mapped, sampled and prioritized according to mosquito productivity. sites are treated using two types of biological control materials that affect immature mosquitoes in an environmentally sensitive approach. A natural soil bacteria and an insect growth regulator are used in dry, granulated or briquet forms. public events on request. recreation areas and for civic events. permethrin and resmethrin products. similar in chemical structure to pyrethrum, a natural botanical insecticide that is the extract of a chrysanthemum flower. An independent Scientific Peer Review Panel directs contract environmental research to assess potential adverse environmental impacts. research on larval control materials to date. Staff remain current in advances in mosquito control technology. They continue to evaluate alternative control methods and solicit input from toxicologists about control materials. public service agency, MMCD is very sensitive to the questions and concerns of citizens of the metropolitan area. The District's emphasis is on the The most productive Localized adult mosquito control is done to reduce mosquito annoyance for MMCD primarily treats in and around park and Adult mosquito control materials are These are synthetic pyrethroids and are No adverse effects have been found in five years of As a Following the video presentation, Member Rice commented that this would seem to be the best agency of big government, recalling that 30/40 years ago you could not go outside after dusk because of the mosquitos. treatment is used. based insecticide to treat ponds which is very mosquito specific. He asked what type of Mr. Beadle responded that they use a PTI granular corncob Mayor Richards encouraged the MMCD staff to acquire a copy of the herbicide moratorium recently enacted in the City of Edina. COUNCIL SUPPORTS RE-APPOI"T TO NINE MILE CREEK WATERSHED DISTRICT Mayor Richards said he had received a letter from LuAnn Tolliver, a Minnetonka resident, asking the Council to support her re-appointment by the Hennepin County Board of Commissioners to the Nine Mile Creek Watershed District Board. All members of the Board are appointed at large. Chair, has indicated that she would like to see Ms. Tolliver re-appointed because of her dedication and objectivity. Aileen Kulak, District Watershed Member Rice moved adoption of the following resolution: RESOLUTION IN SUPPORT OF R.EA.PPOI"T TO NINE MILE CREEK WATERSHED DISTRICT BOARD WHEREAS. the current term of LuAnn Tolliver on the board of the Nine Mile Creek Watershed District will terminate in the fall of 1994; WJEREAS, Ms. Tolliver has been a dedicated member of the Board of Managers and has done an excellent job of representing all parts of the watershed district; BE IT RESOLVED, by the City Council of Edina, Minnesota, that it hereby supports and urges the Hennepin County Board of Commissioners to re-appoint LuAnn Tolliver to the Nine Mile Creek Watershed District Board. Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Motion was seconded by Member *LICENSE FEE WAIVER POLICY APPROVED FOR ITINERANT FOOD ESTABLISHMENTS OPERATED BY NON-PROFIT SERVICE CLUBS MEETING CERTAIN CRITERIA Motion was made by Member Smith and was seconded by Member Kelly to adopt a policy to waive the license fee 8/15/94 48 for itinerant food establishments the following criteria: operated by non-profit service club which meet 1. food establishment license for the current license year. 2. during a regularly scheduled Council Meeting at least five days prior to the scheduled event. The non-profit service club has purchased one fee based itinerant The license fee vaiver request is presented to the City Council I Motion carried on rollcall vote - five ayes. W994 CONTRACT WITH LOCAL 49-INTERNATIONAL UNION OF OPERATING ENGINEERS APPROVED Motion was made by Member Smith and was seconded by Member Kelly approving the 1994 Contract between the City and Local 49 of the International Union of Operating Engineers as presented. Motion was carried on rollcall vote - five ayes. *FEASIBILITp REPORT PRESENTED: HEBRING DATE OF 09/07/94 SET FOR BLLEY IMPROVEMENT E-34 (FROM 4114 THROUGH 4216 SUNQYSIDE ROAD1 and vas seconded by Member Kelly for adoption of the following resolution: Motion was made by Member Smith RESOLUTION PROVIDING FOR PUBLIC REARING ON ALTXY IMPROVEMENT NO. E-34 FROM 4114 THROUGH 4216 SUNNYSIDE ROAD 1. the feasibility of the proposed improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Wednesday, September 7, 1994, at 7:OO P.M. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. place and purpose of said meeting to be published in the official newspaper Once a week for two successive veeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) CITY OF EDINA 4801 VEST 50TE STaEET ED-, MINNESOTA 55424 HERzclEPIET COUNTY, Ht”E3OTA NOTICE OF PUBLIC HEARIIUG AUEY SURFACING - SlRJHpSIDE ROAD IMPROVEMENT NO. E-34 The City Engineer, having submitted to the Council a preliminary report as to I The City Clerk is hereby authorized and directed to cause notice of the time, The Edina City Council will meet at the Edina City Hall on Wednesday, September 7, 1994 at 7:OO P.H. to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. approximate cost of said improvement is estimated as set forth below: Estimated Cost AXLEY IHPROVEMBKf! (BM!UKU?OUS) $24,000.00 ALLEY IKFROVEME” (CONCRETE) 45 , 882.00 The SUNKYSIDE ROAD - H114 THRU #4216 The area proposed to be assessed for a portion of the cost of the proposed improvement includes: Section 1. $1,846.15 per lot if bituminous or $3,529.38 per lot if concrete. Lots 1 thru 13, Block 1, Country Club District Fairway These properties are proposed to be assessed at an estimated cost of Marcella M. Daehn, City Clerk Motion carried on rollcall vote - five ayes. LAKE CORNELIB PIAYGROUND EOUIPMENT PIAN PROPOSAL PRESID4TED Director Keprios said over 20 years ago the Edina Federated Women donated money to make the Lake 8/15/94 49 Cornelia Park a totally handicap accessible park. was ahead of its time (long before ADA) and has been the character of Cornelia Park ever since. expectancy. up with a new plan for the park. Earl F. Anderson & Associates were hired to come up with a new playground idea and the concept was presented to the Edina Park Board at its meeting of July 12, 1994. The Park Board unanimously approved the following recommendation: "To go forward with the concept of the Lake Cornelia Park playground equipment plan and make it a community funded project." The handicap accessible idea Today, about 90 percent of the equipment has reached its life The Federated Womens Club has graciously volunteered funds to come Proiect DescriRtion: Director Keprios explained that the recommendation involves a new and innovative playground equipment plan for Lake Cornelia Park playground area. This would be a unique one-of-a-kind theme park based on the movie classic "Wizard of Oz". playground area is currently named "Somewhere Over the Rainbow". patents on the name and concept are currently being researched. The Copyright Director Keprios showed a presentation board illustrating the proposed new park and explained the various areas. project to be funded completely through donations. approach would be to sell "gift bricks" along the yellow brick road (path around the playground equipment), as well as attempt to secure corporate sponsorships. If the City Council accepts this approach as a viable method to fund the project, it is recommended that the Edina Foundation be asked to serve as the fiscal agent to handle donations for purchase of the equipment and installation of the project. The Foundation has indicated interest in the proposal. He said the concept is to make this a community Part of the recommended The concept as recommended by the Edina Park Board is essentially two-fold: Approve this unique playground equipment plan for Lake Cornelia Park. Approve the community project fund-raising approach as an acceptable method to fund the project. 1) 2) A playground equipment consultant has estimated the cost for purchase and installation of the playground equipment, safety surfaces and amenities to be approximately $200,000. Member Rice asked if this would be custom designed equipment. elaborated that the theme and idea is unique but the equipment would be available through Landscape Structures, of Delano, MN. Wooddale, Normandale, Pamela and McGuire Parks. The equipment is handicap accessible but not specifically designed for challenged people. Director Keprios Some components are in use now at Member Paulus asked about the life expectancy of the proposed equipment, resistance to vandalism and liability. expectancy of the proposed equipment would have component support structure with warranties of up to 50 years. protection, utilization of plastics, rust resistant support posts of aluminum, and the layout would be liability sensitive. corporate donations would be sought in the City and what the projection would be to raise the funds. Director Keprios said they would look at the possibility of matching donors or possible renaming of the park if a large corporate donation was received. Optimistically, it is hoped that the funds would be raised by the end of 1995; the structure itself could be put up in four months. Director Keprios answered that the life Vandalism would be minimumized by ultra-violet Member Paulus then asked if Member Smith commented that he felt a more definitive plan needs to be developed before he could give the concept serious consideration. Mayor Richards commented that, although the Edina Foundation may well be the agent for handling the funds, he felt the Council should retain control of the project. 8/15/94 Member Kelly commented that the Cornelia Park playground equipment is old, worn out and heavily used. whereby replacement of park equipment came from the general fund versus contributions. Manager Rosland responded that the City's capital improvement plan cannot handle the upkeep that is needed. Board and Park Director is suggesting be explored; another method may be through a bond issue. 50 She asked if this is a departure from previous policy I This ip one approach that the Park Member Paulus asked if this concept has been tried in other communities. Director Keprios said budget restraints are being felt in other communities as well. $90,000 with donations being matched by Norwest Bank. concern was the competition for seeking dollars from the community, whether it be the Foundation, the schools, etc. Member Paulus asked that more information come back to Council as to definitive fund raising methods for the project. Following further discussion, Member Smith made a motion that the Park and Recreation Department develop a detailed, definitive plan for the Lake Cornelia Park Plan to include: I) vho will do the fund raising, 2) how the funds will be raised, and 3) similar park sites that could be examined. Motion was seconded by Member Paulus . Excelsior has done much the same plan and are very close to their goal of Member Paulus said her Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PARK BOARD RECOMMENDATION APPROVED FOR wADOPT-A-PARKw PROGRAM Park Director Keprios reported that at its meeting of July 12, 1994, the Park Board unanimously approved the recommendation to accept the concept of the Adopt-A-Park program. I Program Description: Adopt-A-Park is a volunteer-based public service program designed to assist the commun%ty by picking up litter in a designated Edina park. It enables citizens to contribute to a cleaner environment. Litter clean-up is expensive. Citizens lend a hand to keep parks clean and help the City save money on maintenance costs. Volunteers will also be solicited to identify safety hazards and to freely communicate to the Edina Park and Recreation Department other issues concerning their designated park. The program would afford a high-quality of park maintenance at no additional cost to the taxpayers. Once implemented, the program can have a dramatic and positive effect on the entire park system as well as the community as a whole. Residents of all ages could take on a new feeling of ownership and pride in their public parks and would provide a valuable service to the community that otherwise would not be available. This volunteer effort will save tax dollars and allow -maintenance crews to devote time and effort to other important projects. Proposed program guidelines for volunteer commitment are as follows: 1) 2) 3) 4) 5) 6) 7) Open to various community groups on a first come-first served basis. Group must sign two year commitment agreement. Group agrees to pick up their park a minimum of two times per year. Pick-up dates arranged 48 hours in advance with park maintenance department. Group shall collect aluminum cans separately for recycling. Filled trash bags deposited at agreed upon location. Group shall promptly inform park maintenance of observed safety hazards. I City of Edina's commitment: 1) 2) 3) Provide sign identifying group placed in group's designated park. Provide agreement to be signed by participating group. Group to receive a certificate of appreciation from the City. 8/15/.94 51 Park maintenance department will provide bags/brooms/shovels/park shelter building access. Park maintenance department will pick up and dispose of bags and aluminum cans. City will request local newspaper coverage of group's efforts. Thirty-six Edina park sites would be ideally suitable for the Adopt-A-Park program. If approved by Council, the Park and Recreation Department will produce a promotional flyer for distribution to civic groups, churches, businesses and associations. Information will be included in the Park and Recreation Activities Calendar, the local newspaper and About Town. Member Smith made a motion to approve the concept of the "Adopt-A-Park" program as presented. Motion was seconded by Member Kelly. Member Rice said that this is being done everywhere and where will it all end. He added that he felt the parks were being maintained litter free. Director Keprios responded that the reality of the matter is that a lot of the litter never gets picked up as it is too labor intensive. opportunities for community service are a positive way to involve residents. Member Paulus said this may be an opportunity to buy back into the ownership of our town. Member Kelly noted that Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. MEMBER RICE WILL NOT SEEK RE-ELECTION Member Rice informed Council that he would not seek re-election to the Edina City Council for another four year term. noted that his tenure began in February of 1973 on the Park Board and he has made the decision not to run again. He BACKYARD DRAINAGE AT 5536 MIRROR LAKES DRIVE DISCUSSED a result of the November 1993 establishment of the stormwater flood reduction program the issue of backyard drainage at 5536 Mirror Lakes Drive is before Council. During the winter of 1993, the backyard hydrology of the site was examined by City staff and Barr Engineering and the property owner was informed of the results. acquired quotes from contractors to do the project. The subject property has a swimming pool in the backyard and water tends to pool in the backyard. Engineer Hoffman said as The property owner then hired an independent engineer and The proposal would be to: 1) to install a small lift station in the backyard to pump out to a manhole, and 2) to cut down a pool deck, put in a retaining wall to prevent water from entering from the back and excavating out a backyard area. Staff would agree this proposal is worthy of the stormwater flood reduction program. Total Project $25,775.00 Property Owner plus hold harmless clause $15,775.00 Proposed cost of the project would be: City Portion 10.000.00 Engineer Hoffman said the $10,000 would meet the criteria of the stormwater flood reduction program. program for up to $10,000 with the stipulation that the property owner sign a hold harmless agreement in return for the City's participation. Staff would recommend City participation via the grant Mayor Richards questioned whether this would qualify for public participation. Engineer Hoffman said justification for the City's participation would be that the site is the lowest spot and surrounding neighborhood lots drain into this lot. The subject lot had stomwater storage previous to the installation of a pool on the site, although engineering staff believes that pool installation on the site should not have been allowed. 52 8/15/94 Member Paulus asked if the City is responsible for issuing a building permit when a problem arises. position of no responsibility on a stormwater issue on Arctic Way that the property owner alleged was due to approval of a plat. ordinances do not require the City to commit or warrant water drainage. A general view of surface water is that it is a common enemy and it can be gotten rid of in any reasonable way, even though it may cause harm to a neighbor. this was a reasonable plan that was approved, presumably, there is no liability for the City. Acting Attorney Erickson recalled that the City took the The building code or If Lisa Grieble, Cosgrove and Haskins, stated that she was the attorney for the property owners at 5536 Mirror Lakes Drive. drainage problems on the property are because of the development of the surrounding properties that eliminated a natural swale area adjoining six backyards. Further, her understanding of the City's flood reduction program was to assist properties like this who are taking the brunt of the neighboring drainage. She submitted that some of the water Member Smith made a motion to continue discussion of the backyard drainage issue at 5536 Mirror Lakes Drive to September 7, 1994, to allow Council Members to view the site. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. CHEMICAL HEALTH ADVISORY COMMITTEE CHAIR RESIGNATION NOTED informed Council that Jay Jaffee, Chair.of the Chemical Health Advisory Committee, has announced his resignation to accept a position with the State of Minnesota. He told Council that Kathy Iverson, a member of the committee, has Manager Rosland I expressed an interest in accepting some of the responsibilities of the position in the interim. - 1993 ANNUAL FINANCIAL REPORT/AUDITOR MANAGENEWI! LETTW PRESENTED Director Wallin presented the 1993 Annual Financial Report for the City of Edina. Member Smith asked about the comments and recommendations contained in the auditor's management letter, specifically, compliance with single audit requirements which indicated that although the City has an approved drug-free workplace policy, this has not been communicated to employees. Wallin responded that the policy was adopted in 1993 and will be published and instituted in the near future. Finance Director Wallin noted that the auditor also discovered a change order for an HRA contract which was greater than 10% of the original amount and recommended that all change order requests (inclusive of HRA, Parks & Recreation and Engineering projects) which are greater than 10% of the original contract amount be approved by the Council. Council earlier this year should address that issue. Finance Finance Director He said the updated purchasing policy approved by Mayor Richards asked Finance Director Wallin if, in his opinion, the City has done everything necessary to respond to the comments and recommendations relating to the audit report. Finance Director Wallin said nothing further is required. It was the general consensus of the Council Members that the 1993 Annual Financial Report for the City be accepted, with no formal action taken. CLAIMS PAID Member Rice made a motion to approve payment of the following claims as shown in detail on the Check Register dated August 11, 1994, and consisting of 32 pages: General Fund $327,707.07; C.D.B.G. $2,788.00; Communication $1,633.54; Working Cap€tal $22,271.91; Art Center $5,780.04; Swimming Pool $6,446.32; Golf Course $39,088.79; Ice Arena $16,312.97; Gun Range $5,051.84; Edinborough/ 8/15/94 53 Centennial Lakes $42,068.68; Utility Fund $45,685.51; Storm Sewer $65,557.21; Liquor Fund $59,358.21; Construction Fund $221,764.99; IBR #2 Fund $14,086.46; TOTAL $875,601.54; and for confirmation of payment and the following claims as shown in detail on the Check Register dated August 4, 1994, and consisting of 8 pages: General Fund $137,480.75; Working Capital $2,304.48; Art Center $727.50; Liquor Fund $191,548.80; TOTAL $332,061.53. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:22 P.M.