Loading...
HomeMy WebLinkAbout19940907_regular58 MINUTES OF THE REGULAR HEXTING OF TBE EDRU CITY COUNCIL HELD AT CLTY HALL SEPTIDlBER 7, 1994 R0LLCBI;L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSEEIT AGKNDA ITEMS APPROVED by Member Smith to approve and adopt the Council Consent Agenda as presented. Motion vas made by Member Kelly and vas seconded Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PROCLAMATION ADOPTED - CONSTITUTION WEEK Motion of Member Paulus vas seconded by Member Rice and carried unanimously for adoption of a Proclamation announcing the week of September 17 through 23 as Constitution Week in Edina. . Helen Salzman accepted the Proclamation on behalf of the Monument Chapter of the Daughters of the American Revolution. EJlI€?A ABC FOUNDATION DAY PROC- Member Kelly and carried unanimously proclaiming September 10, 1994, as Edina ABC Foundation Day in the City of Edina. Motion of Member Smith was seconded by *mS OF TEE REGULARMEETING OF AUGUST 15. 1994 AND SPECIXL BUDGET MEETINGS OF JUNE 20, JULY 5. JULY 18. AUGUST 18 AND AUGUST 25. 1994 APPROVED Motion was made by Member Kelly and vas seconded by Member Smith to approve the Minutes of the Regular Council Meeting of August 15, 1994 and the Special Budget Meetings of June 20, July 5, August 18 and August 25, 1994. Motion carried on rollcall vote - five ayes. PlIBTJC HEARING CONDUCTED: BI"OUS AILEX IMPROVEMENT NO. 33-34 ORDERED (4114 THROUGEI 4216 SUIWYSIDE ROAD) ordered placed on file. Affidavits of Notice were presented, approved and Presentation bv Engineer Engineer Hoffman informed Council that property owners on Sunnyside Road from 4114 through 4216 have a private alley serving their properties. The owners of these properties have petitioned the City to convert the alley from a private alley to a public alley and improve it with new surfacing of either concrete or asphalt. Staff has reviewed the proposed project and sent public hearing notices to each property owner. The notice provided each owner with an easement form to review and sign which would give an eleven foot wide alley easement to the City over the existing alley area. Engineer Hoffman said four of the 13 affected property owners have responded. Three have sent back signed easement forms that staff will hold, subject to Council approval of the project and all property owners providing the appropriate easements. Proposed alley paving would be assessed over a ten year period. cost for the project would be $24,000.00 for bituminous paving and $45,882.00 for concrete. Estimated cost per lot would be $1,846.15 for bituminous and $3,529.38 for concrete. Staff would recommend the bituminous surfacing as the alley serves only properties on one side and this would be the most reasonable solution. The estimated 9/7/94 59 As a side issue, one property owner on West 45th street, whose back lot line abuts the lot line of Sunnyside Road property owners, has inquired about access to the alley. owner have access after the project was completed as the existing alley lies several feet south of the north lot line of the Sunnyside properties. to access the alley, one would have to cross private property. There is no proposal that would change this status and only the existing 13 Sunnyside Road properties are proposed to be assessed for the improvement. Currently, this property owner does not have access nor would the In order Member Rice asked about snow plowing if the project is approved. Engineer Hoffman said the City would be responsible for plowing the alley and would accomplish it by one way plowing. Public Comment Christine West, 4131 West 45th Street, said she was the property owner who had asked about access to the alley from their property. that the property owners of 4131 West 45th Street would need to acquire a cross easement from the private property owners whose land she would need to cross in order to access the alley. Engineer Hoffman explained No further public comment or objection was heard. Member Smith introduced the following resolution and moved adoption, subject to all property cnmers granting easements for public alley purpose: BE IT RESOLVED by the Council of the City of Edina, Minnesota, as follows: 1. It is hereby found and determined that a petition has been filed requesting the Council to construct an alley improvement from 4114 through 4216 Surmyside Road, and to assess the entire cost against property of petitioners, and that said petition has been signed by all owners of real property abutting on said street where said improvement is to be located. 2. The making of said improvement in accordance vith said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). Said improvement is hereby designated and shall be referred to in all subsequent proceedings as: The entire cost of said improvement is hereby ordered to be assessed against the 13 properties from 4114 through 4216 Sunnyside Road where said improvement is to be located. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOUPTION ORDERIHG ALLEY IMPROVEMENT NO. E-34 AUEY SURFACING IHPRO- NO. E-34 Motion was seconded by Member Kelly. FINDINGS PRESENTED CONCERNING APPLICATION FOR PdaTIAL RELEASE OF CONSERVATION RESTRICTION ON HARK DAIUUIST ADDITION: HEARING CONTINUED TO NOVEMBER 7. 1994 Presentation bv Planner Planner Larsen recalled that at its meeting of August 15, 1994 the Council heard a request for partial release of the conservation restriction on Lots 4 and 5, Mark Dalquist Addition. Council on the proponent's request to release 19 feet on Lot 4 and 23 feet on Lot 5, the Council instructed staff to prepare findings for the Council to review and consider that would address several issues. Following public comment and consideration by the Planner Larsen advised that the draft Findings, Decisions, and Reasons were prepared pursuant to Council direction and that copies were mailed, handed out or delivered to all interested parties. Staff would recommend the following: 1. Approve Findings and Reasons. 2. Approve Decision to deny request to vacate 19 feet of the conservation 9/7/94 restriction on Lot 4 and 23 feet of the consewation restriction on Lot 5. Delay final action on release until building footprints and legal descriptions are presented to be included as Exhibit A to the Findings. 3. 4. Continue the public hearing to November 7, 1994. 60 Member Rice asked how interested neighbors would be notified of future hearings. Planner Larsen answered that if this hearing is continued to November 7, 1994 no further notice would be sent. came in six months later with another proposal. As with the request before the Council, residents within 500 feet of the subject property would be noticed and the notice of hearing would also be published. The process would begin again if the developer Public Comment Betsy Robinson, 5021 Ridge Road, referred to page 10 of the Findings, under reason C. which stated "The proposed release will allow construction of new dwellings that will be consistent with the size and scale of the existing dwellings in the neighborhood, which would not be possible without the proposed release". two-level and 34 split-level homes. using three of the newer and much larger homes to define the character and symmetry of the neighborhood rather than the actual homes in the neighborhood. She presented an aerial view of the 500 foot neighborhood depicting 17 She expressed fear that the developer is Ms. Robinson again referenced the letter dated October 2, 1992, from Thomas W. Balcom, DNR Supervisor of Natural Resources Planning and Review, which was in response to the neighborhood petition for an environmental assessment worksheet (EAW). Mr. Balcom had recommended that further studies be done. Ms. Robinson asked who the experts were that the City consulted to support reason D. "The proposed release will not adversely impact the hydraulic efficiency or natural character and beauty of the ponds, nor will it adversely impact wildlife habitat and the natural beauty of areas riparian to the pond." is contradictory to the recommendation of the DNR. She submitted that this John MacNeil, 5017 Schaefer Road, said that conservation easements are put into place to protect the land for the future. tough on the 100 foot conservation easement which was imposed with a lot of forethought. for capital gain. ,He encouraged the Council to hang He said the only merit he had heard for releasing the easement was Ed Glickman, 5217 Schaefer Road, stated the purpose of the document is to have factual findings on record, subject to open discussion. The Findings, Decision and Reasons document is critical and the words are very important should there be a legal challenge. that Council minutes from the last meeting included comments by Member Paulus that she had walked the property with the developer who had said that the proposed home as staked was subject to change and Member Paulus had asked that any decision should be founded upon an actual signed purchase agreement. motion made by Mayor Richards did not include that provision only that it must be a specific building footprint. Mr. Glickman encouraged Member Paulus to restate her position and have that included in the Decision, page 9 to read "The application for release of portions of the Conservation Restriction within the footprint area of the dwellings as described in Exhibit A, and an actual signed purchase agreement attached as Exhibit B ....I1 the neighbors to come back again and again. The words should be true and factual but are not. He said The This would eliminate the need for Mr. Glickman also challenged the following Reasons in the document: 1. 2. Reason D, page 11 - He asked who gave this opinion, did they visit the site and what are their qualifications and experience. Reason A, page 9 - He questioned how the Council could say that granting the request would be consistent with the Comprehensive Plan. I I I 9/7/94 61 3. Reason C, page 10 - He argued that four houses on that area are not consistent with the character and symmetry of the neighborhood. Mr. Glickman stated that the answer is not to destroy the natural environment, nor to ignore the City's Comprehensive Plan which says save the environment, nor to ignore the required 100 foot setback easement, nor to ask for a release of a conservation easement when. it is really a variance that is being requested. The answer is to build three houses, whether the developer makes money or not. Continuing, Mr. Glickman pointed out that Finding 5, page 4 states "On Lot 4, the depth varies from approximately 25 feet on the westerly side to 60 feet on the easterly side of the lot. approximately 25 feet on the westerly side of the lot to 70 feet near the easterly side of the lot." home and discovered that it is 25 feet wide on the north end. He said that the . fact that the lot is 25 feet wide on one end is not a factual finding to support any of the conclusions. He asked the Council to put this to an end once and for all and asked that his questions be answered at the appropriate time. On Lot 5, the buildable depth varies from Mr. Glickman said he had measured the width of his Ted Pier, 5021 Ridge Road, said the earlier proclamation by the Council of Constitution Week presents a golden opportunity to support government by law and not by men. requested deminimous release of easements have been refused. Before us is a builder who is asking for a large release of an easement without presenting any arguments or details other than to say he would have to build a small home in an area of large homes. give any reason for the Council to overrule the law it has itself promulgated. Mr. Pier asked that the law be applied uniformly to the neighbors and the proponent, Ron Clark. He stated that citizens of Edina that have owned properties and have He totally fails to meet any requirement of hardship or Patrick Mantyh, 6413 Interlachen Boulevard, asked that the laws be applied to a developer as they are to private citizens. He said in every area of this development Mr. Clark has gone back on his word, has been highly confrontational with the neighbors and attempts to get as much as he can. lot will be contentious and will require numerous meetings. release be denied unless Mr. Clark can prove hardship. Pat Schoenfeld, 6209 Fox Meadow Lane, expressed disbelief that a release could even be proposed and that Council would consider going against neighbors with a vested interest in the neighborhood for someone out to make money. Davis Klila, 5205 Ridge Road, said he believed this proposed release is another attempt to alter the neighborhood, environment, and symmetry by putting in houses far too large for the lot sizes. The DNR has forced him to abide by the 100 foot Mr. Mantyh said each He asked that the .restriction at his summer home and the same should apply here. Lee Schoenfeld, 6209 Fox Meadow Lane, said he opposed the proposed release and had moved into the neighborhood because of its existing nature. Bill Renner, 6321 Interlachen Boulevard, voiced opposition to the proposal. He said the City would risk setting a precedent since there are two other property owners in the area that are considering subdividing their property. Council Comment/Action Member Rice said he believed staff has prepared the Findings according to direction by the Council and he would support denial of the release of 19 feet on Lot 4, and 23 feet of the Conservation Restriction on Lot 5, and the release of portions of the Conservation Restriction when final footprints for the homes are presented. 9/7/94 6 2ember Smith clarified that if the draft Findings are adopted, the Decision for denial is for the 19 and 23 foot wide band request for Lots 4 and 5 made by Mr. Clark. The Decision to release portions of the Conservation Restriction would only be for those portions of the easement where there was an encroachment as would be determined when specific footprints of the homes are presented. suggested that staff review the comments that have been made regarding proposed wording in the Findings and tighten up the language as to a specific footprint. Hmber Kelly made a motion to continue the public hearing on the request for partial release of the conservation restriction for the Mark Dalquist Addition to November 7, 1994, when the Findings would be brought back with modifications to the draft language, if any are recommended by staff. Motion was seconded by Member Rice. He I Mayor Richards commented that he believed the construction of a home on those lots will have zero impact upon any waterbody or wildlife in that area. issue is whether anyone has the right to develop that property and, if denied, the right to defend that decision in court. to say that a person should not have the right to develop the property in a reasonable fashion. four lot development. at it objectively, i.e. how we want to see our town develop. the DNR has a 50 foot conservation guideline, not 100 feet as required by the City. Mayor Richards observed that. with the footprints proposed, this development is no different than others surrounding these ponds. Findings, he said staff has done its job based upon the testimony that is before the Council and upon investigative studies. The In his opinion, it would be remiss Further, that a reasonable judgement has been made for a We need to diffuse the personalities of this and to look He pointed out that As to the draft Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. I PRE-Y REZONING FOR PLBPJNED COHMEJlCUL DISTRICT, PCD-4 TO PUNNED COMMERCIAL DISTRICT. PCD-3 AND FR?AL DEVEUWHENT PIAN APPROVED FOR 3500 VEST 69TH STREET Presentation by Planner Planner Larsen recalled that the proponent is requesting a rezoning from Planned Commercial District (PCD-4) to Planned Commercial District (PCD-3) for property at 3500 West 69th Street. The subject property is located in the south central area of the Southdale Center property and formerly was developed with a service station but is currently vacant. redevelopment of this site as a banking facility. - The proposed rezoning would allow for the The rezoning request was first heard by the Council on August 1, 1994, and was continued to this date to allow time for the proponents to provide further information in response to questions raised by the Council. submitted the following items in support of their rezoning request: The proponents have 1) Letter from Ron Thomas, Southdale Center General Manager, addressing 2) 3) 4) outparcel development at the Center. Traffic and parking analysis of the development prepared by Barton Aschman. Revised building elevation illustrating a lesser roof pitch. Height of the building from grade to roof peak has been lowered from 30 feet to 27 feet. Site plan illustrating outparcels currently developed and the parcel proposed for development. Planner Larsen informed Council that the proponents are requesting first and second reading of the rezoning. of second reading and all necessary documents and plans have been presented to meet ordinance requirements for second reading. Member Paulus asked if a traffic study was done when the TCF bank constructed their drive-in facility on West 66th Street and if a comparison has been made for The Planning Commission has recommended a waiver 9/7/94 63 this proposed bank building. backup of traffic at peak hours as now occurs at the TCF bank. recalled that the addition of the drive-up windows at TCF was a variance condition and a traffic study was not done. He said the traffic circulation at TCF on West 66th Street is poor in comparison to the proposal before Council. Continuing, Member Paulus asked what safeguards the City would have if the projected formula of 4.4 minutes per transaction is not correct. said if the formula is not correct traffic will backup onto the streets. noted that the proposal as presented meets ordinance standards and the proponent's traffic consultant believes it will function adequately. She said her concern was that there would be a Planner Larsen Planner Larsen He Member Smith said he, too, was concerned about traffic spilling onto the public street and asked if this could be addressed either by an agreement or a condition to the rezoning. Attorney Gilligan commented that, historically, conditions are tied to a variance request. proposal, he would need to research whether a condition regarding parking could be tied to the rezoning request. Since there is no variance request with this Presentation bv Proponent Ronald Thomas, General Manager at Southdale Center, stated he was employed by General Growth Management, and manages the shopping center under contract through Equitable Life Assurance who is the property owner. He noted that Joseph Ryan, principle of Oppidan Investment who is acting as the developer for Marquette Bank, and Bruce Schmidt, project architect, were also present. Mr. Thomas told Council that Equitable is fully aware and supportive of the land use and building design. Mr. Thomas addressed the following issues raised by Council at the meeting of August 1, 1994: Site Posting - was due to an oversight or lack of communication. within 24 hours after this was brought to his attention. Lack of posting the site with the proposed rezoning request The site was posted Future Land Use - Site plan shows three outparcels, e.g. Firestone (owned by J.C. Penney), Midas, and the subject proposal. Development of new outparcels is not planned at Southdale Center. granted from the major anchors at the Center if this were to happen. additional parcels would eat into the parking ratio with the only alternative being construction of ramps or decks. The proposal is to replace a previous use with one more in keeping with standards of the community. existing freestanding buildings upon termination of leases and uses which would be more aesthetically appropriate to the site. been held with Penneys to improve the Firestone building either by landscaping or exterior modification. Permission would have to be Any Southdale Center does desire to keep open the option to replace Conversations have Traffic - The Barton Aschman report states that the parcel and its intended use should allow for more than the industry standard would provide. TCF site can handle 16 - 18 stacked cars while this parcel would handle 29 cars before the approach to the 69th Street entrance. options suggested: 1) install a westbound right turn lane into the eastern most driveway, or 1) close the eastern most access from West 69th entirely and utilize the existing access point 200 feet further to the east. The Site circulation Building Size - The building height has been reduced from 30 feet to 27 feet. the parcel. Signage shown is in keeping with building elevations and the City sign ordinance. They would prefer the 30 feet because it would be consistent with 9/7/94 In conclusion, Mr. Thomas said they requested waiver of second reading of the rezoning to allow construction to begin this fall. have been received since the rezoning sign went up. owners have generally approved of the proposed use and plan for the site. He added that no objections Adjacent commercial property I Bruce Schmidt, architect for Marquette Bank, explained that the size of the proposed bank building at 2200 square feet is considerably less than that of an average smaller home. 'He presented scale drawings of the proposed building and expressed his preference for the original roof pitch at 12:12 instead of 10:12 at a height of 30 feet to preserve the integrity of the building's architecture. Joe Ryan, Oppidan Investment Company, stated that Marquette Bank has agreed to the proposed building height at 27 feet. feet. would address concerns regarding traffic backup onto the street. The exact building size is 2084 square He added that the adjustments to the site suggested by Barton Aschman Member Rice commented that this proposed reuse is a vast improvement over what had previously existed on the site and he would support the rezoning and the proposed building at the 27 foot height. will be stacking problems. Further, that he did not believe there Meniber Rice introduced the First Reading of Ordinance No. 850-65 as follows, subject to a signed agreement requiring corrective measures if traffic stacked on West 69th Street or the Southdale Center ring road: ORDIHANCE NO. 850-A5 AN ORDINANCE AMENDING THE ZONING ORDJIQWCE (NO. 850) BY REZONING PROPERTY To PLANNED COMMERCIAL DISTRICT (PCD-3) FROM PUNNED COMMERCIAL DISTRICT (PCD-4) THE CITY COUHCIL OF THE CITY OF EDm, MI"ESO!TA, ORDAINS: amended by adding the folloving thereto: I Section 1. Subsection 850.06 of Section 850 of the Edina City Code is "The extent of the Planned Commercial District (PCD-3) is enlarged by the addition of the following property: Tract H, Registered Land Survey No. 0629, Files of Registrar of Titles, Henneph County. The extent of the Planned Commercial District (PCD-4) is reduced by rewming the property described above from the PCD-4 District." Section 2. This ordinance shall be in full force and effect upon its passage and publication. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. *LOT DIVISION APPROVED FOR LOT 7 AND LOT 8. BLOCK 5. PAWWOOD KNO- (6504 AND 6508 STAUDER CIRCLE1 Sdth for adoption of the following resolution: UHEWlS, the folloving described tracts of land constitute various separate parcels : Motion vas made by Member Kelly and vas seconded by Member RESOUTTION Lot 7, Block 5, PARKWOOD KNOW ADDITION, and Lot 8, Block 5, PARKWOOD lZN0LT.S ADDITION WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the folloving described new and separate parcels (herein called "Parcels"): PARCEL 1: That part of Lots 7 and 8, Block 5, PARKWOOD KNOLIS, according to the recorded plat thereof, Hennepin County, Minnesota lying easterly of the follouing described line: 9/7/94 65 Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees Olminutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 310.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. PARCEL 2: That part of Lots 7 and 8, Block 5, PARKWOOD KNOLTS, according to the recorded plat thereof, Hennepin County, Minnesota lying westerly of the following descrzbed line : Commencing at the northeast corner of said Lot 8; thence South 1 degree 31 minutes 27 seconds West along the east line of said Lot 8 a- distance of 289.20 feet to the southeasterly line of said Lot 8; thence South 57 degrees Olminutes 06 seconds West along said southeasterly line a distance of 108.50 feet to the point of beginning of the line to be described; thence North 22 degrees 53 minutes 08 seconds West a distance of 310.12 feet to a point on the north line of said Lot 7, distant 52.11 feet southwesterly of the northeast corner of said Lot 7 and there terminating. WHERlUU, it has been determined that compliance with the Subdivision and Zoning 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; NOW, THEBEFORE, 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 carried on rollcall vote - five ayes. *EEARING DATE SET FOR PLANNING HATTER Motion vas made by Member Kelly and was seconded by Member Smith setting October 3, 1994, as hearing date for the following planning matter: 1) Motion carried on rollcall vote - five ayes. Preliminary Plat Approval - Arom Addition, Lot 12 Auditor's Subdivision No. 325 (5200 Schaefer Road). FIRST READING GBANTED FOR ORDINANCE NO. 1994-8 - AHENDING CODE SECTION 150 TO CLARIFY VACATION ACCRUAL AND PROVIDE POLICIES CONCERNING DRUG FREE WORKPUCE AND FAMILY AND MEDICAL LEAVE Amendments to Section 150 (Personnel Policy) of the City Code, noting that the proposed changes in Section 1 in effect do not change the existing policies as set forth in current code. simplify language outlining the maximum amount of accrued vacation time that can be carried forward annually. Assistant to the City Manager Smith introduced The purpose for the changes are to clarify and Section 2 and Section 3 of the Code amendment contain references to policies mandated in federal legislation: Drug Free Workplace Policy comes from the Drug Free Workplace Act of 1988. The purpose of the policy is that the City will attempt to provide a drug free environment through informing employees of its concerns and expectations as 1) 9/7/94 6 6 to use, possession and sale of drugs in the workplace. 2) Family and Medical Leave Policy comes from the Family and Medical Leave Act of 1993 which requires employers with frfty or more employees at a single worksite to grant up to 12 weeks of leave per 12 month'period for the following: A. Birth of a child. B. Placement of a child for adoption or foster care. C. Care for an immediate family member of an employee due to serious health conditions. D. Serious health condition that makes an employee unable to perform the functions of the employee's position. Section 4 of the Code amendment involves removal of language from the subdivision that regulates sick leave. Leave Policy. sick leave policy of the City. amendments. Similar language appears in the Family and Medical Staff would recommend First Reading of the The proposed amendment does not change the intent of the current Assistant to the City Manager Smith clarified that on the subject of paid leave, the law does not require the employer to provide paid leave, the leave can be unpaid. Staff in its thinking suggested the use of paid leave first then unpaid leave, both of which cannot exceed 12 weeks. Member Smith moved First Reading of Ordinance No. 1994-8 - An Ord€nance Amending Section 150 of the City Code to Clarify Vacation Accrual and Provide for Policies Concerning Drug Free Uorkplace and Family Medical Leave as presented and on file in the office of the City Clerk. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. ADDITIONAL IHFORHATION REQUESTED ON ORDINANCE NO. 1994-9 - AMENDING CODE SECTION I 605 TO PROVIDE UPDATES TO VARIOUS FIRE CODES draft proposal for adoption of Ordinance No. 1994-9 - An Ordinance amending Code Section 605 of the City Code to Provide Updates to Various Fire Codes. would replace current City Code 605, State Fire Code 1991 and Uniform Fire Code (UFC) 1988. Minnesota Statute 299F, which requires the City to be equal or more restrictive than the State Code. Fire Chief Paulfranz presented a This It is necessary to update the City's Code to assure compliance with After reviewing both the Minnesota State Fire Code and the 1991 Uniform Fire Code (adopted by reference) the majority of changes could be categorized as editorial and format corrections. uniformity with the Building Code and would not be considered controversial. A number of changes in the code sections that deal with hazardous materials and substances were modified to conform with current practices. Many of the changes were necessary to maintain Chief Paulfranz pointed out that the primary change made in our local ordinance deals with the issue of "open burning". modifications to the Minnesota Pollution Control Agency Rules. restrict open burning to permitted uses as identified in Subdivision 3 of Subsection 605.02. treatment of the City's open burning policy. This was necessary because of These changes This practice is consistent with the City's historical Mayor Richards suggested that staff provide copy highlighting the proposed changes for review by the Council previous to the granting of First Reading. Chief Paulfranz said he would provide additional information. was taken. *BID AUARDED FOR CARPET REPIACEMEKC AT FIRE STATION Motion was made by Hember Kelly and was seconded by Member smith for award of bid for carpet replacement at No formal action I 9/7/94 67 the Fire Station to recommended lov bidder, Bloomington Linoleum and Carpet, at $9,022.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR DUMP TRUCK BOX Motion vas made by Member Kelly and vas seconded by Member Smith for award of bid for dump truck box to recommended low bidder, J. Craft, at $14,838.92. Motion carried on rollcall vote - five ayes. I *BID AWARDED FOR PORTABTX LIFT EQUIPMEN'I! seconded by Hember Smith for award of bid for genie portable lift tool to recommended low bidder, Metroquip, at $6,267.53. Motion vas made by Member Kelly and vas Motion carried on rollcall vote - five ayes. *BID AWARDED FOR SNOW PLOW CUTTING EDGES seconded by Member Smith for award of bid for snow plow cutting edges to recommended low bidder, H & L Mesabi, at $6,458.65. Motion was made by Member Kelly and vas* Motion carried on rollcall vote - five ayes. *BID REJECTED FOB ROOF REPAIR - WOODDALE WATER BUILDING TO BE =BID Motion vas made by Member Kelly and vas seconded by Member Smith to reject the sole bid for roof repair at the Wooddale Water Building and to authorize rebid. Motion carr2ed on rollcall vote - five ayes. *BID AWARDED FOR POLICE UNIFORMS AND EQUIPMENT Motion vas made by Member Kelly and was seconded by Member Smith for avard of bid for the annual purchase of police uniforms and equipment to recommended lov bidder, Uniforms Unlimited, at $11,887.28. Motion carried on rollcall vote - five ayes. BACKYARD DRAINAGE AT 5536 MIRROR IAKES DRIVE DISCUSSED Council that the subject property is located at 5536 Mirror Lakes Drive. property owners have had water problems in recent years and have become aware of the new City program to lower flood potential on private property. Barr Engineering did an analysis and concluded that the property is lower than the theoretical 100 year flood elevation. With that condition in mind, staff met with the owners and their engineer. the property and the City would review the plan and costs as estimated by their engineer. After review, staff recommended the City participate in the construction of a retaining wall to prevent flood water from entering the site and the excavation of the northwest corner to enlarge the existing backyard area to assist the water holding area which would also benefit other neighbors. Engineer Hoffman informed. The Staff suggested they develop their plan foz Staff's position currently is to recommend a grant of $10,000 be given to this site for flood reduction activities. Contractor cost for the project would be $25,775.00 without cost attached for the owner's engineer. further that the grant be conditioned on the property owner holding the City harmless from any future claim on the issue. This would be in accord with Council action taken in the fall 1993 to implement the new flood reduction program. Staff would recommend Member Paulus asked what the City could have done in past years so that this would not have occurred. were built some 30 to 40 years ago when design standards were not the same as today. Staff feels that the construction of the pool diminished some of the backyard water storage; however, this home has the lowest elevation in the area. Engineer Hoffman explained that the homes in this area Mayor Richards asked how this proposed project compares to other areas where flood potential has been mitigated. Engineer Hoffman said most of the other 9/7/94 68 projects were only for some grading at a lower cost. Member Paulus said that the proposed grant would cover approximately forty percent of the cost and asked if that would be similar to other projects. * Engineer Hoffman said this is the first case brought to Council since the program was adopted to deal with these situations on a case by case basis. owners are told that they must share in the cost split of the projects. I Property Tom Raymond, Realty, said they were the agent for the subject property and have significant dollars invested in this property because of the former owner's misrepresentation and nondisclosure of a water problem. City's program they believed they meet the criteria for the grant program. said the project would also affect the adjoining properties. filling on some of the other properties has contributed to this problem by taking away some of the ponding and holding areas. the range of $250,000-$270,000 and is impossible to sell as it is. When they learned of the Historically, He He said the property is valued in Member Smith made a motion to authorize a $10,000.00 grant from the City's Flood Reduction Program to the property owner of 5536 Mirror Lakes Drive, subject to a hold harmless clause from the property mer to the City. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. DATES SET FOR TRUTH IN TAXATION HELLBINGS Manager Rosland reminded Council that the City is required to inform Hennepin County of its Truth in Taxation hearing date(s) by September 15, 1994. Truth in Taxation hearings for all governmental bodies must be held during the period November 29 through December 20, 1994. Member Paulus made a motion setting November 29, 1994, at 7:OO P.M. for the Truth in Taxation hearing and December 7, 1994, at 7:OO P.M. as the continuation hearing date. I Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HEARING DATE OF OCTOBER 3. 1994 SET FOR LEVYING OF SPECIAT.. ASSES-S Motion was made by Member Kelly and was seconded by Member Smith setting October 3, 1994 as hearing date for levying of special assessments. - Motion carried on rollcall vote - five ayes. APP0I"T HADE TO THE EDINA FOUNDATION BOARD Spokes has agreed to accept reappointment to The Edina Foundation Board of Directors for term through June 30, 1997. Mayor Richards advised that Peter Member Smith made a motion for consent of the Mayor's reappointment of Peter Spokes to The Edina Foundation Board of Directors for term through June 30, 1997. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOLUTION ADOPTED REQUESTING HINMBMU CaEEK DREDGING explained that letters have been received from two residents whose backyards abut Minnehaha Creek, i.e. Janet and David Olson, 4008 Wood End Drive and Miriam B. Carr, 4012 Wood End Drive. Staff has reviewed the area and would concur that some creek dredging work would be appropriate. just west of France Avenue westward until the creek turns to the north behind properties on Woodcrest Drive. Engineer Hoffman I The creek area would extend from The last cooperative dredging project with the Minnehaha Creek Watershed District was in the mid-1980's involving an area south and north of W. 44th Street in 9/7/94 69 Edina. Since that time, the District has not expended any funds on projects in the City involving creek maintenance. From time to time the City has done some work cleaning out deposits at storm sewer entry points. Staff would recommend that the Council petition the Minnehaha Creek Watershed District to commence a cooperative project with the City to dredge a portion of the creek. finance a majority of this project. Staff would also recommend that the City request that the District I For this project to commence, it would also require review by the Minnesota Department of Natural Resources and the U.S. Corps of Engineers. Engineers review is required because they must now review both fill and excavating projects as a result of legal action by other outside parties. The Corps of Mayor Richards suggested that the District be asked to look at the condition of the entire creek area in Edina. - Member Rice lntroduced the following resolution and moved adoption: RESOUTTION WHEREAS, the portion of Minnehaha Creek in Edina between West 58th Street and France Avenue has developed sediment deposits; WHEREAS, Minnehaha Creek Watershed District is responsible for the averall management of the creek and has a program for maintenance thereof; UHEREAS, Edina Citizens have requested that the portion of Hinnehaha Creek identified above is in need of maintenance dredging; NOW, THEBEFORE, BE IT RESOLVED that the Edina City Council requests that the Mbnehaha Creek watershed District undertake a cooperative project with the City of Edina to evaluate the creek area noted above and dredge as needed to restore this creek crosssection. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. I REPORT GIVEN ON POND VEGETATION AT WOODDALE AvEEmE/VAI;Ley VIEW ROAD Hoffman informed Council that the City had received correspondence from a neighborhood group living on St. Johns Avenue concerning the large cattail bog in the pond at Wooddale Avenuepalley View Road. A petition signed by abutting property owners asked that the Council take necessary action to effectuate a policy of "no new growth" on the pond. pond from 1955, 1967, 1971 and 1989 illustrating the extent of the bog during those years and said the bog has been an issue with the neighbors for a long time. In discussing this with the Department of Natural Resources (DNR), the DNR staff indicated they would allow for vegetative control on this pond to the extent of an area about 25 feet wide by 100 feet long. total cattail area or environment. Engineer - He presented four aerial photos of the This is not much of the As background, Engineer Hoffman told Council that in late August, 1993, Dick Pelinka, Utility Supervisor, was contacted by Paul Gutterman, 6209 St. Johns Avenue, staff who agreed to issue a permit to spray cattails in a very defined area of the pond. Before issuance, a freeze occurred which essentially shut down and rendered the cattails dormant. If treated in this condition the chemical would not be effective. Mr. Gutterman was advised that the City would renew the permit for treatment in the fall of 1994. In August, 1994 Carmen Gutterman called to inquire about the cattail treatment and was advised that the City Council had put a herbicide ban into effect. with concern about the cattail growth. A meeting was arranged with DNR I Engineer Hoffman explained that in order to treat the cattails effectively it would require a herbicide treatment which may not be in compliance with the 9/7/94 7 0 herbicide moratorium on park property. In addition, the neighbors would also like a portion of the pond dredged. The DNR has indicated it would not issue a permit if the dredging would be for aesthetic purposes only but may permit some dredging to clear stormwater outfall areas. Staff would recommend that Council review the City's pond treatment program and authorize staff to take appropriate actions and seek appropriate permits to continue the City water quality program. If approved, staff would use Lake Restoration, Inc., to do the chemical treatment per a DNR permit. Speaking in support of controlling the cattail growth were Paul and Carmen Gutterman, 6209 St. Johns Avenue; Constance Baarsch, 4500 Garrison Lane; and Paul Hanson, 4520 Garrison Lane. Discussion followed as to cost and funding of the project and notification to all affected property owners. Member Smith made a motion that staff be directed to provide additional information as to cost and funding and to notify all adjacent property ouners that the Council will be discussing pond treatment on September 19, 1994. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. - 1995 PROPOSED BUDGET ADO- AND 1995 TAX LEVY ESTABLISHED reminded the Council Members that action must be taken to adopt a proposed Budget and tax levy for 1995 for certification to Hennepin County. He suggested the following approach: 1) further questions and/or discussion on these budget items: (a) employee health benefits, (a) Human Relations Commission recommendations, (c) additional budgetary requests for Police, Fire and Parks, (d) Public Works budget; 2) public comment; 3) positions of individual Council Members; and 4) adoption of proposed 1995 Budget and tax levy. specific budget items that had been identified. Mayor Richards Discussion followed on the Mayor Richards called for public comment on the proposed 1995 Budget. or objection was heard. No comment The Council Members then indicated the following positions concerning the proposed budget. Mavor Richards - Would not support HRC recommendation to fund - FACES at $1700, would support Police Department clerical position at $30,000, would not support additional Fire Department overtime at $20,000, Fire Department Equipment Replacement Rebuild at $70,000 or Fire Department Focus Group Projects at $14,000, would support one additional Park Department maintenance position at $40,000. These adjustments would result in an expenditures increase of 4.3% for a maximum 1995 Budget of $15,723,228. Member Kelly - Would support Police Department clerical position at $30,000 and one additional Park Department maintenance position at $40,000. Would not support additional Fire Department overtime at $20,000. position at $30,000 and one additional Park Department maintenance position at $40,000. Concerned about Fire Department overtime. Member Paulus - Would support Police Department clerical position at $30,000, would support Fire Department overtime at $20,000, would support one additional Park Department maintenance position at $40,000. Member Rice - Would support Police Department clerical position at $30,000, would support Fire Department overtime at $20,000, would not support funding FACES at $1700, would support one additional Park Department maintenance position at $40,000. Member Kelly then moved adoption of the following resolution reflecting a 4.39% increase in expenditures for 1995: Member Smith - Would support Police Department clerical I RESOLUTION ADOPTING PROPOSED BUDGE" FOR THE CITY OF ED= FOR THE YEAR 1995, AND ESTdBLISHIHG 9/7/94 71 PROPOSED TAX LEVY FOR THE YEAR 1995 PAYABLE IN 1995 TBE CITY COmQCIL OF THE CITY OF EDIHB, M1QNESOTA, DOES RESOLVE AS F0I;UIFIS: Section 1. hereby proposed as follows: Section 2. personal property in the City of Edina a tax rate sufficient to produce the amouIlt as follows: Section 3. personal property in the City of Edina a tax rate sufficient to produce the amount as follows: Adopted this 7th day of September, 1994. Motion for adoption of the resolution was seconded by Member Paulus. Rollcall : The Budget for the City of Ed- for the calendar year 1995, is TOTAL GENERAL FUND $15,723,228 That there is proposed to be levied upon all taxable real and (:$EfiCgr- be 1 OW? TOTAL ESTIM6TED RECEIPTS $ 4,332,330 That there is proposed to be levied upon all taxable real and FOR GENERAL FUND $11,390,898 Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. CIAIMS PAID claims as shown in detail on the Check Register dated September 1, 1994, and consisting of 35 pages: Communication $2,189.32; Working Capital $12,008.66; Art Center $11,154.71; Swimming Pool $16,724.18;, Golf Course $43,598.11; Ice Arena $19,671.13.; Gun Range $1,256.91; Edinborough/Centennial Lakes $25,077.92; Utility Fund $307,496.55; Storm Sewer $7,778.73; Recycling $39,779.77; Liquor Fund $83,713.83; Construction Fund $1,762.12; TOTAL $1,168,196.72. Motion was seconded by Member Paulus. Member Kelly made a motion to approve payment of the following General Fund $594,684.78; C.D.B.G. $1,300.00; Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. COUNCIL GIVES APPROVAL FOR APPEAL TO MINNESOTA SUPREME COURT ON HElIBRe LITIGATION Mayor Richards asked for Council action relating to the David Hembre litigation as discussed in the Closed Council Meeting held at 6:15 P.M. this date. Member Smith suggested that if the matter is appealed the Mayor and Manager should negotiate the costs for the appeal with the City's attorneys. discussion, action was taken as follows. Following further Member Smith made a motion to authorize and direct the City's attorneys to proceed with an appeal to the Minnesota Supreme Court of the opinion of the Court of Appeals concerning the litigation of David P. Hembre vs. City of Edina. Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. There being na further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:05 P.M. City Clerk A Section 2. Estimated receipts other General Tax Levy, incIuding HACA aid, are hereby proposed as follows: