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HomeMy WebLinkAbout19941107_regularMDU!CES EDIHLL CITY COlllNXL HELD AT CITY HALL OF THE BEGmda HEETIXG OF THE 105 HOVEHBEB 7, 1994 I R0I;U;BI;L Answering rollcall were Members Paulus, Rice, Smith and Mayor Pro-Tem Kelly. CONSENT AGENDA ITEMS APPROVED Motion vas made by Member Smith and was seconded by Member Rice to approve and adopt the Council Consent Agenda items as presented. Ro 1 lc a1 1 : Ayes: Paulus, Rice, Smith, Kelly Motion carried. MINNESOTA D-DAY PROCLAIMED Motion of Member Paulus vas seconded by Member Smith and carried unanimmsly for adoption of a Proclamation naming Thursday, November 17, 1994, as MLIinnesota D-Day (no smoking) in the City of Ed-. Matthew Peterson and Douglas Lambert, Chair and Member respectively of the Community Health Services Advisory Committee, accepted the proclamation along with sixth grade students, Elizabeth Youngblood (Southview School) and Andy Bertram (Valley View School). Thanks were extended to Tom Winn of FastFrame, Diana Hedges, Edina Art Center Director, and Pam Hermanson of the Edina Middle School for their efforts with the anti-tobacco poster project. RESOLUTION OF APPRECIATION - FAIRVIEV FOUNDATION Motion of Member Paulus was seconded by Member Smith and carried unanimously recognizing the Fairvier Foundation as benefactor and expressing appreciation for its interest and contribution in sponsoring and promoting a healthier lifestyle for both students and adults whose lives are touched by the Anti-Tobacco Poster Project. Enger, accepted the resolution on behalf of the Fairview Foundation. Mark MINNESOTA CHEMCAL HEATA!H WEEK PR0CIATLIP.D Motion of Member Paul- was seconded by Member Smith and carried unanimously for adoption of a Proclamation declaring November 10 - 18, 1994, as Minnesota Chemical Health Week in Minnesota. Kathy Iverson, Edina Chemical Awareness Committee Coordinator, accepted the Proclamation on behalf of the Committee and presented each Council Member with a red ribbon as a symbol of individual and community efforts to reduce the demand for drugs in the Edina community. *MINUTES OF REGULAR MEETING OF OCTOBER 17. 1994. APPROVED Motion vas made by Member Smith and vas seconded by Member Rice to approve the Minutes of the Regular Meet- of October 17, 1994. Motion carried on rollcall vote - four ayes. PUBLIC J3EAlUNG CONDUCTED: APPLICATION FOR PARTIAL RELEASE OF CONSERVATION RESTRICTION ON LOT 4. BLOCK 1. MARK DUUIST ADDITION DENIED Presentation by Planner Planner Larsen recalled that at its meeting of September 7, 1994, the Council continued the public hearing on the application for partial release of the conservation restriction on Lot 4, Block 1, Mark Dalquist Addition to allow the proponent time to come back with a redesigned proposed home. Clark, proponent, has returned with a proposal reflecting the exact footprint of a home proposed for Lot 4. footprint of the dwelling. Lot 5 has been withdrawn by the proponent. Findings have been revised to reflect comments by the Council at the September 7, 1994, Council hearing. The draft Findings contain two Decisions. The first He advised that Ron The release would affect only those areas under the The proposed conservation restriction release for Planner Larsen explained that the 111 7/94 1 0 6Decision would deny the application for release of 19 feet of the Conservation Restriction on Lot 4, and 23 feet of the Conservation Restriction on Lot 5. The second Decision would grant the release of portions of the Conservation Restriction within the footprint area of the dwelling on Lot 4 as legally described in Exhibit A of the Findings. Presentation bv Developer Ron Clark, Ron Clark Construction, introduced the proposed homeowner, Diane Dolginow and Michael Sharratt, the project architect. illustrating the footprint presented on September 7, 1994, with an overlay of the new revised home footprint drawn to exact scale. Mr. Clark pointed out that on the revised footprint the home has been pulled back to 90 feet from the ordinary high water and the deck areas have been recessed into the home. following comparative of the previous home versus the new proposed home: I He presented a graphic He presented the' Previous Proposed Interior heated space to within 81' of wetlands 450 SF Interior heated space to within 92' of wetlands 185 SF Elevated wood deck to within 81' of wetlands 240 SF Elevated wood deck to within 90' of wetlands 320 SF On grade patio (none shown on previous proposal) 0 SF On grade patio to within 90' of wetlands 185 SF Mr. Clark noted that most of the construction in the easement area constitutes on-grade patio and open deck. In response to questions of the Council, home would have 3,045 square feet on the first floor and would be a rambler with a full basement level walkout. The elevation from street level would be approximately 23 feet. areas that would encroach on the conservation restriction. that only about half of the two enclosed bays would encroach on the easement. Public Comment Ed Glickman, 5217 Schaefer Road, said he was opposed to the proposed plan and - procedure. give away a valuable conservation easement, required by City ordinances, solely because the buyer of a one million dollar 6,000 square foot home wants two separate decks, a patio and an additional 185 square feet. both the developer and buyer knew the lot restrictions before the proposed home was designed. Mr. Glickman said that the Findings state that construction of a home consistent with the neighborhood is not possible without the release of the conservation easement. Also, the conservation easement presents a functional building which would be in keeping with the size and scale of existing dwellings in the neighborhood. character and symmetry of the neighborhood. stands the test of logic. 6,000 square foot functional home could be built on this lot that does not encroach on the consenration easement. As alternatives, Mr. Glickman submitted: 1) that the home be decreased in size by three percent which would not require release of the conservation easement, or 2) consideration be given to side deck placement, or 3) why not consider.placing this home on one of the three remaining lots which are substantially larger. Failing all this, he suggested that Mr. Clark carve the subdivision into three lots rather than four. Findings also include a statement that the objectives of the Comprehensive Plan are served by releasing this conservation easement. Comprehensive Plan it states that the City must protect and manage wetlands for Mr. Clark answered that the proposed Member Smith asked for clarification on the enclosed Mr. Clark pointed out He said the Council is faced with a simple decision - should the City He submitted that Further, denial of the release will adversely impact the He stated that none of these reasons The developer and architect have just shown that a I Finally, the He noted that in the 11/7/94 loa stormwater retention areas, wildlife areas, amenities and lessen the impacts of nutrients and sediment input. Mr. Glickman reminded Council of the letter from the DNR two years ago in which it was stated that the property in question lies in an environmentally sensitive area and involves significant wetland and floodplain encroachment issues. stormwater runoff on water quality of the wetlands. He presented recent photos showing a historic high water level on Mirror Lakes with 20" trees under water. He attributed this to an extraordinary amount of development which has gone on in the surrounding area. important conservation easement. The DNR was concerned about the effect of Mr. Glickman urged the Council not to give away an Ted Pier, 5021 Ridge Road, asked the Council to provide and enforce a single, consistent law to all residents and citizens of Edina. He said that when Mr. Clark submitted his plan for subdivision of this property a stipulation of the Council was that there be no variances from the City's own regulations. Mr. Pier. said the wording has been changed to make it appear that this is not a variance but a release of a conservation easement. grant approval of the subdivision indicate that the issues raised dealt specifically with the conservation easement. that time that no alterations should be allowed for this developer or for any of the other neighbors. He said that the Council should give the same consideration to this request for variance as was given to area neighbors when they applied for variances in the past and were denied. Records leading to the decision to It was the Council's judgement at Betsy Robinson, 5021 Ridge Road, stated she opposed granting a variance for any building in this subdivision. She said when they proposed to add a screen porch they were told that they could not ask for a variance and therefore redesigned it to comply with City regulations. She referred to the history of this subdivision and the agreement that there would be no variances. believed Mr. Clark should be held responsible for his mistake and stay within the guidelines of the City instead of hoping to break the code and use this possibly as a precedent for future lot development in the area. If Council wants to look at the option of a 50 feet conservation easement, she suggested that the Council call a moratorium and set a public hearing on the issue, but as the law stands now, it is 100 feet. Ms. Robinson said she Helen McClelland, 5717 Continental Drive, explained the rationale used by the - Planning Commission in considering variances by relating briefly three previous similar variance proposals that were denied. Because Mr. Clark is a professional developer and is aware of the laws regarding the development process, both the state and local rules, a plea of hardship would clearly be self-imposed. comment following a Planning Commission meeting that the Dalquist Addition was again before the Council raised some concern and three Commission members attended the Council meeting of September 19, 1994. Ms. McClelland said their concern was that issues are presented to the Planning Commission in one way and to Council in another. She recalled that from May to December 1992, Mr. Clark was closely questioned by members of the Planning Commission about his plans for this site. conservation easement was granted to the lot and would have to comply with the Zoning Ordinance. At the meeting of October 29, 1992, a straw vote of the Planning Commission indicated that a one plus three lot subdivision was favored (5 to 2 vote). A subsequent poll by the Planning Commission for a four lot subdivision with no variances was seven to zero. When.Mr. Clark returned at the December, 1992, Planning Commission meeting he presented a one plus four lot subdivision that was accomplished by moving the storm sewer line. meeting Mr. Clark was questioned extensively about whether there would be the need for variances and it was made clear that the Commission was giving consideration to the proposed subdivision without variances. The vote by the Planning Commission was eight to three for the one plus four lot subdivision with A He answered that any construction would have to maintain whatever At that 11/7/94 10 8 no variances. Ms. McClelland concern that Mr. Clark is now restriction. concluded that the Planning Commission does have asking for a variance to the conservation I Patrick Mantyh, 6413 Interlachen Boulevard, said he would like to reiterate what his neighbors and the Planning Commission member have just said. He stated that the neighbors have significant mistrust of what Mr. Clark says as he gave his word when the subdivision was approved that there would be no variances and everyone thought the matter was resolved. This issue is like a moving target as Mr. Clark has come back repeatedly with variance requests. Mr. Mantyh submitted that the land is not worthless without the variances as the lot is adequate to build a very large home. all citizens of Edina and that the variance be denied. He asked that the laws be applied equally and fairly to Corky Carlson, 5025 Ridge Road, said she was a new resident to Edina and urged that the rules and laws be followed. John MacNeil, 5017 Schaefer Road, told Council he was also speaking for his children that live at 5125 Schaefer Road. He said he wished the Council would make the decision to stay with the City standards so that the residents not need keep coming back for the three additional lots that remain. questioned why the developer has never considered moving the home closer to the street. lakes. He said something is wrong in that area as over the past several months the water is rising higher every week. Secondly, he Thirdly, he voiced concern regarding the current level of the area Mayor Pro-Tem Kelly asked Engineer Hoffman to comment on the lake level. agreed that the water level in Mirror Lakes and the two ponds to the northwest is much higher than two years ago. They are landlocked so the water level cannot be pumped down. water is two feet higher than normal even though nothing new has happened in that immediate area. He Staff has looked at them and the DNR has come out and said the Mr. Clark responded that they have worked very hard to reduce the size of the dwelling and as now proposed it would be 200 SF smaller than the previously proposed home. buildable lot area is within the conservation easement. He reminded Council that - the Department of Natural Resources guideline for pond setback is 50 feet - the proposed dwelling footprint would be at 90 feet. has been thoroughly engineered with the basement floors proposed at 942 feet above sea level to provide a safety factor from high water. have paid for installation of an equalizing pipe between the two ponds with any overflow to drain into a catch basin by Schaefer Road. a line has been installed over the hill towards Interlachen whereby water can be pumped into Mirror Lakes. to install a forced main as opposed to a gravity pipe. ponds within the proposed development have no bearing on the water level of Mirror Lakes. He told Council that the problem is that 64 percent of the Mr. Clark said the development In addition, they For emergency situations, Engineer Hoffman clarified that Mr. Clark was required Further, that the two Lisa Finsness, 4530 Tower Street, said it is her understanding that lakes are connected, maybe not by human means, but are fed from underground. Council Comment/Action Member Paulus recalled difficult decisions on minute footages when she sat on the Planning Commission and served on the Board of Appeals. precedents and it is important that they not be granted easily. granted for a true hardship that is not self-induced. with the Mark Dalquist Addition, she remembered the proponent stating that he could live with the terms. In her opinion, this is a question of economic Variances may establish Variances are During the whole process 11/7/94 109 feasibility as she felt a house can go on that lot without any variances. regard to the DNR guideline for setback from ponds, the City does have the privilege of being more restrictive. Member Paulus said she could not support the requested release of the conservation restriction because she could see no hardship that was not self imposed. Member Smith said when he visited the site his understanding was that the proposed protrusion into the conservation restriction would be deck areas and not enclosed living space. home does not make the case for the requested release. malleable than concrete patios or living space. the building footprint available he felt it could be done without any release. He said he did not recall voting on a square footage variance previously but on a request to release a band of the restriction which he did not support and had suggested if the developer needed a variance for a smaller part of the footprint . to come back with it. Now, in addition to decks, the request is for part of the house with roof and foundation and he would have to say no to the proposal as presented. With He added that 185 SF interior space against a 6,000 SF I Decks would be more Member Smith said in looking at Member Rice said this is a situation that cries out for common sense and he would support the proposal. He asked what would be the infringement percentage of the footprint as proposed. Planner Larsen answered that the conservation easement is approximately 21,000 SF and this would be an encroachment of approximately three percent. Over the past many months while this subdivision was being considered a line has been drawn in the sand between the neighbors and the developer. been suggested. says should be done, with no exceptions. If that were the case, there would be no need for a Council and a Planning Commission. exercise reasonable judgement and many have differences of opinion as is evident. Member Rice said he believed the home as proposed would not be a detriment to the community, the environment or to any naturally sensitive areas. Clark to 100 percent compliance, in his opinion, is not reasonable. What Mr. Clark is asking for is a release of portions of the conservation restriction that has been placed on the subdivision by the Council and is within the jurisdiction of the Council to release. Member Rice concluded that common sense says this is a reasonable proposal and he would support the request. Member Rice then made general comments as follows. Threats of going to court have People have said there ought to be a book and whatever the book The Council is elected to To hold Mr. Ron Clark commented that he was at a total loss as to the Council's intent when the previous request for release of the conservation restriction was denied. believed his marching orders were to go back and finalize the plan, in keeping with the percentage of encroachment into the easement area by the previous footprint. encroachment. Mayor Pro-Tem Kelly interjected that it was her understanding as well that Mr. Clark come back with a design footprint that would not encroach on the conservation easement except for decks and not heated areas. said he thought it was made clear that the Council would look at some intrusion if it were for decks. He Mr. Clark argued that the footprint now presented has much less Member Smith Member Paulns made a motion to deny the request for partial release of the conservation restriction on Lot 4, Block 1, Hark Dalquist Addition as presented. Motion was seconded by Member Smith. Ayes: Paulus, Smith, Kelly Nays: Rice Motion carried. *APPEAL OF BOARD OF APPEAIS DECISION FOR 35 FOOT ANTENNA HEIGHT VARIANCE FOR PROPEBTP LOCATED IN NORTEUEST QUADRANT OF HIGEUAYS 169 AND 62 INTERSECTIO1P RESOLVED BY UI!CEDl?AUAL OF VARIANCE REQUEST Hotion was made by Member Smith and 11/7/94 vas seconded by Member Rice to accept the vithdraval of the request for a 35 foot Oantenna height variance for property generally located in the northvest quadrant of highways 169 and 62 intersection by the Ciq of Hbnetonlca, thereby resolving the appeal of Board of Appeals Decision. Motion carried on rollcall vote - four ayes. APPEAL OF BOARD OF APPEBIS DECISION UPHELD: OW3 AND ONE-HALF FOOT SIDEYARD SETEACK VARIANCE GRANTED FOR 4223 GRIMES AWCNUJI Presentation bv Associate Planner Associate Planner Aaker reported that the subject property is located on the east side of Grimes Avenue, south of West 42nd Street and north of Morningside Road. The property consists of a one story rambler built in 1913, according to residential property assessing records, with a detached two car garage on a 50 by 199 foot lot. The homeowner is proposing to expand the house into the rear yard area to allow for a larger bathroom and expanded kitchen and dining area. conform to all ordinance requirements with the exception of the north side yard setback of 3.5 feet. conforming 3.4 foot sideyard setback. since its construction. and in 1982 an addition to the front of the house was accomplished. The expansion would The applicant is hoping to match the existing non- The home has experienced few improvements In 1979, a 22 by 24 foot detached garage was constructed On October 6, 1994, the Zoning Board of Appeals heard and approved Peter V. Hall's request for a 1.5 foot sideyard setback variance to allow expansion of the north building wall of the home at 4223 Grimes Avenue to accomplish an expanded bathroom. The proponent had reduced his original request and is now hoping to fill in the back, northeast comer of the home as approved by the Board. The most affected property is to the north and consists of a two story home that is located in front of the subject home. includes a driveway to access a detached garage in the rear yard. located between the neighboring house and the subject home is generous at roughly 20 feet and it will probably remain unchanged. be within 6.5 feet of the neighbor's garage and would only allow limited maneuverability between structures. The north adjacent property also The area The new addition would extend to The Board's decision is being appealed by Joseph R. Chisler and Deborah Mangham, 4219 Grimes Avenue, and Lucille E. Chisler, 4221 Grimes Avenue. Public Comment Joseph Chisler, 4219 Grimes Avenue, stated he was also representing his mother who lives at 4221 Grimes Avenue. He showed slides in support of his opposition to the granting of the variance and raised the following issues: 1) does not understand the hardship aspect when there is 24 buildable feet on the south side, 2) the subject home is perhaps the longest and narrowest in Edina, runs nearly the length of the property, and provides them with very little privacy, 4) concern that a mature tamarack tree will be seriously affected by the proposed construction, 5) the existing home offers no architectural relief. Dr. Deborah Mangham, 4219 Grimes Avenue, told Council that the owner of 4221 Grimes Avenue is 84 years old, in failing health, lives in a nursing home and will not be returning. They intend to buy her home and improve the property including a new garage. and they are opposing the Board's decision for basically three reasons: 1) there is room to expand to the south, 2) the house is aesthetically unpleasing, and 3) the closeness of the expansion will decrease their property value. The addition proposed by Mr. Hall will affect their plan Peter V. Hall, 4223 Grimes Avenue, stated he owned the subject property. He 11/7/94 111 pointed out that would not extend would do what he intended to only the house to the that is 80 years the requested expansion requiring the 1.5 foot sideyard variance beyond the existing north wall of the house. reasonably could to protect the neighbor's tamarack tree and construct a four foot frost foundation. south, he explained that would not be economical for a house old with its current internal design. Also, the plumbing core Mr. Hall said he Concerning expanding wall would have to be moved. He stated that he intended to replace the shedfiip roof with a gable roof to provide some architectural relief, would install a window on the north side so it would appear more unified than the house presently does and would use matching materials. Also speaking in support of the requested variance were Helen Stafford, 4226 Grimes Avenue, and Ray Hall, 4230 Grimes Avenue. Mayor Pro-Tem Kelly noted that Council had received copies of previous correspondence regarding the variance request in addition to a letter dated November 7, 1994, from Charles Wm. James, 2715 Maplewood Circle West, Wayzata, former owner of the subject property. Council Comment/Action Member Paulus observed that the Zoning Board of Appeals had placed a great deal of value in the fact that this is an older, non-conforming home with a bathroom that does not meet code. property he must have understood it did not have a conforming bathroom. listening to comments of the owner, he mentioned that it would be more economical to expand the bathroom on the north side. Member Paulus said for that reason she would be swayed to deny the variance. She commented that when the owner purchased the In Member Rice said that upon inspecting the property it evidenced great pride of ownership now. He observed that non-conforming properties like this one are unique and always difficult and may require more forbearance. In his opinion, the requested variance is minimal and would have little effect on the adjacent property or that of Mr. Chisler's. Member Rice made a motion to uphold the decision of the Zoning Board of Appeals to approve a 1.5 foot sideyard setback variance. Motion was seconded by Member Smith. Member Smith commented that he could support the variance request because there- is no house located immediately adjacent to the proposed addition. Mayor Pro-Tem Kelly said she viewed the owner's comment regarding economics as more of a hardship because the design of the house warrants the bathroom's location on the north. existing plane of the structure. be encouraged to bring homes up to code and would support the motion. Also, the house is proposed to be extended only along the Mayor Pro-Tem Kelly said she felt owners should Rollcall : Ayes: Rice, Smith, Kelly Nays: Paulus Motion carried. RESOLUTION ADOPTED AMEJ!IDII?G YEAR XVIII CDBG ATLOCATIONS that Hennepin County requires all Year XVIII CDBG funds to be expended by December 31, 1994. Currently, $1,398.63 remains uncommitted in the Adaptive Recreation budget. Staff would recommend reprogramming the funds for Adaptive Recreation into the Handicap Accessibility Project where the funds will be expended by the end of the year. Planner Larsen explained Funds not expended revert back to the County. Member Smith made a motion for adoption of the folloving resolution: BESOLUTION APPROVING REPROGWHMING OF YEAR XVIII ms URBAN EmNEPIE1 com 112 COl5"ITY DEVEIDPHEN!l! BLOCK GBLUNT PROGRAM WEEREAS, the City of Edina, through execution of a Joint Cooperation Agreement vith Hennepin County, is cooperating 3x1 the Urban Hennepin County Community Development Block Grant Program; and WHEREAS, the City of Edina has determined the necessity to reprogram Year XVIII Funds from the Adaptive Recreation Program to the Handicap Accessibility Program, and held a public hearing on November 7, 1994, to obtain the vievs of citizens on the reprogramming of said funds. BE IT RESOLVED that the City Council of Ed- approved the following reprogramming of funding from the Year XVIII Urban Hemepin County Community Block Grant program and authorizes submittal of the proposal to Hennepin County for review and inclusion in the Year XVIII Urban Hennepin County Block Grant Program: I $1,398.63 from ADAPTIVE RECREATION PROGRAM #53044 to HANDICAPPED ACCESSIBILITP PROGRAM #53046 ADO^ this 7th day of November, 1994. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Kelly Resolution adopted. *AHENDED FINAL PUT RESOLUTION dwpTED FOR MUIR WOODS FOURTH ADDITION (MT 5, BMCK 1. H[JIB WOODS) PREVIOUSLY NAMED CUNNINGHAM ADDITION Motion was made by Member Smith and was seconded by Member Rice to for adoption of the following resolution: RESOLUTION APPROVING FII?AL PUT FORHMR WOODS FOURTH ADDITION BE IT BESOLVED by the City Council of the City of Ed-, Minnesota, that that certain plat entitled, wHUIR WOODS FOURTH ADDITIONw, platted by Robert T. Griffith, a single individual, and presented at the regular meeting of the City Council of November 7, 1994, be and is hereby granted final plat approval. Motion carried on rollcall vote - four ayes. ORDIHAHCE NO. 1994-9 - AN ORDINANCE AMENDING CODE SECTION 605 TO PROVIDE UPDATES TO VARIOUS FIRE CODES - GRANTED FIBST READING Presentation bv Fire Chief Fire Chief Paulfranz advised that the purpose of amending Code Section 605 is to update the current fire code ordinance. At the Council meeting of September 7, 1994, staff was requested to provide additional information on the content and detail of the actual code changes. changes between the current code (1988) and (1991) proposed code: - Three documents outline and define the 1. 1991Minnesota Uniform Fire Code 2. Statement of Need and Reasonableness - Adoption of State Fire Code 3. Analysis of Code changes - Uniform Fire Code 1988 to 1991 Whv a New Fire Code? building hazards and processes. 1. To maintain current standards and regulations for fire equipment, 2. Clarify local authority for enforcement of State Fire Code. 3. Preserve ability to amend State Code in areas of local concern. 4. Maintain continuity with enforcement of previously adopted local rermlations . Whv All the Changes in the New Code? The majority of changes between 1988 and 1991 are editorial and format changes, necessary to provide code enforcement officials with a model code that: 1. Provides a consistent format from one article to the next. 2. Provides better correlation with companion Uniform Building Code. 3. Clarifies troublesome language and provides more consistent 11/7/94 113 interpretation/application. local, state and national level. Inconsistencies become a source of complaint on a What Are the Options If We Choose Not to Adopt the New Code? If we do not adopt a new Fire Code, we have the following options: efforts in enforcement of the Minnesota Uniform Fire Code. Absent State inspection resources would result in no inspection/code enforcement program. 2. Write own code producing a document equal to or better than 1991 Edition of the Uniform Fire Code and State Amendments. challenge any time objections were heard to a specific requirement as well as its relationship to the State-adopted code. This clouds the issue of local authority and interpretation. 1. Withdrawing local inspection program and supporting State Fire Marshal's This option would be subject to 3. Enforce State Code as the minimum Fire Code, without local adoption. What Might Be the Maior Issues For the City of Edina? The new code primarily impacts the areas of flammable liquids and hazardous materials storage and handling. concern are as follows: 1. Automatic Sprinklers - The Fire Code does not regulate sprinkler installations. new, remodeled and improved properties. 1988 Fire Code. Barbecue requirements have been moved from the body of the State Code to an appendix chapter which is recommended for adoption. 3. Fire Lanes - On private property the proposed language would be less restrictive in placement of signs and should reduce adverse impact on property owners. result of recent DNR requirements regulating and permitting open burning under for specific circumstances allowed under permit. reviewed by the City Attorney and the State Department of Natural Resources. buildings when such buildings become a fire hazard. Appendix l-A (MUFC-1991 Edition) outlines these regulations. Staff recommends re-adoption of this Appendix Chapter with provisions currently under City Ordinance. From a local perspective, historic issues of The Building code with local amendments requires sprinklers in 2. Barbecue/Apartment Buildings - Would not change provisions adopted in 4. Open Burning - State requirements have been modified. This is the . statutory authority. Language has been written restricting open burning except The proposed process has been 5. Existing Buildings - The Fire Code provides regulation of existing Member Rice moved First Reading of Ordinance No. 1994-9 - An Ordinance Amending Code Section 605 to Provide Updates to Various Fire Codes, as presented and on file in the office of the City Clerk. Ayes: Paulus, Rice, Smith, Kelly First Reading Granted. Motion was seconded by Member Paulus. *BID AWARDED FOR BITUMINOUS BI;LEy IMPROVEMENT NO. E-34 Motion was made by Member Smith and was seconded by Member Rice for award of bid for bituminous alley improvement No. E-34 to recommended lov bidder, DLIJ Corporation, at $21,179.00. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR ED= AOUATIC CENTELt CONCRETE DECK EXPANSION Motion was made by Member Smith and was seconded by Member Rice for award of bid for concrete deck expansion for the Edina Aquatic Center to recommended low bidder, USAquatics, at $14,888.00. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR PARTIAL TRAFFIC SIGNAL SYSTEM - VAIJXY VIEW ROAD AND VEST 66TE STREET Motion vas made by Member Smith and vas seconded by Member Rice for avard of bid for partial traffic signal system at Valley Viev Road and West 66th Street to recommended low bidder, Midwest Asphalt Corporation, at $56,500.00. 11/7/94 1 1 4 Motion carried on rollcall vote - four ayes. TBllFpIC SAFETY STdFF REPORT OF NOVEHBKR 1. 1994 APPROVED Traffic Coordinator Swanson reported that under Section A(1) of the Traffic Safety Staff Report of November 1, 1994, - Request for STOP signs on Townes Road at Tomes Circle - staff discussed the volume, accident history and geometries of Townes Road and several suggestions offered by area residents. David Nelson, 4701 Tomes Road, spoke to his letter of October 1, 1994, which included photos of the accident site on his property and the signatures of approximately 42 area residents. Charlie Lamb, 4700 Tomes Road, and Ron Rasley, 4701 Townes Road, spoke of the necessity of slowing speeds and installation of STOP signs rather than curve signs. After a brief discussion, staff was directed to examine vegetation on the northeast quadrant of Tomes Road and Tomes Circle for compliance with the clear-view ordinance of both private and public property owners. Member Paulus made a motion, seconded by Member Smith, to approve the folloving actions as recommended in Section A of the Traffic Safety Staff Report of November 1, 1994: 1. a) b) c) Road and Tomes Circle. d) e) f) area. Installation of a Reverse Curve sign vith an attached 20 MPE advisory sign at 5717 Melody Lane; Add additional signage to highlight to drivers that the traveled portion of the roadway narrows for eastbound U. 70th Street east of TH 100; Relocate the pedestrian crosswalk at U. 49 1/2 Street at Halifax Avenue &en weather permits during Spring 1995. Installation of curve signs at appropriate locations along Toomes bad. An advisory 15 HPH sign addedto the curve sign. Enforcement of "Clear Viev" ordinance at northeast quadrant of Tomes Neighborhood be advised of the petition process for additional street Review of issue in three months. Enforcement of "Clear View" ordinance immediately on City propem in lighting I 2. 3. 4. Ayes: Paulus, Rice, Smith, Kelly Motion carried. Section B.4 - Reauest for STOP signs on Benton Avenue at Johnson Drive. Coordinator Swanson said that this request has been made several times in the past and has been denied. the roadway west of Johnson Drive and conflict with pedestrians that use the sidewalk. Bollards and chains have been installed in the past to protect the sidewalk area. Benton Avenue is a collector roadway with a very low volume of traffic intersecting it at the "T1' intersection with Johnson Drive. Stopping a collector roadway at such an intersection would lead to many vehicles ignoring the sign and potentially creating a false sense of security. accidents due to a curving down grade that may create a difficult stopping condition during inclement weather. and advisory speed signs. llroll-uptl curb. that would stop vehicles if they leave the roadway, endangering pedestrians on the sidewalk, similar to Browndale Avenue at Bridge area. denial of the STOP sign request. be installed on Benton Avenue west of Johnson Drive. The request cites the potential for vehicles to leave This sidewalk is a route by school children to Countryside School. STOP signs may also create The area is well marked with warning signs The City Engineer recommends a 10 inch curb could be installed West of the bollards and chains, the roadway has a Staff recommended Staff further recommended that a 10-inch curb Rick Danmeier, 5600 Benton Avenue, spoke to his letter and requested further 11/7/94 115 I review of the STOP sign request on Benton Avenue at Johnson Drive. listed in his letter were: Concerns 7) Cars drive wrong way down a one-way street. Although speed is posted at 20 MPH, few cars drive this area at that speed. School area - Kids ride bikes and wear roller blades and have no protection from speeding cars. Bollards and chains protect the comer of Johnson and Benton only. Many cars roll up onto sidewalk due to excessive speed. Mail box has been knocked over, cars have been towed out of yards, all from too much speed for area. When doing yard work or talking to neighbors, people have to step off sidewalk over safety concerns with cars going too fast or rolling onto walk or yard. Mr. Danmeier said he and his neighbors concur with installation of the 10-inch curb but would like more protection for the children in the neighborhood by slowing the traffic down. Member Paulus said that a false sense of security is given with the installation of STOP signs because the compliance rate is low and she would have to rely on staff's recommendation because they have the technical knowledge. Coordinator Swanson interjected that when Officer Tom Johnson brought this issue to the attention of Traffic Safety staff last May, he cited it was difficult to drive the subject road at 30 MPH. MPH in a 30 MPH zone unless there are existing special conditions that would warrant a lower speed, whereas a tag could be issued for violation of a STOP sign. compliance for the short term period the squad was there. followed concerning inability of cities to designate special areas at speeds lower than the statutory 30 MPH. The Police cannot tag drivers for driving under 30 If a Police squad were positioned at Johnson Drive there would be speed Some discussion Also speaking in support of reducing speeds were Brad Teslow, 4128 West 62nd Street, and Barb Hodne, 4532 Tower Street. Member Rice made a motion for installation of a 10-inch curb on Benton Avenue west of Johnson Drive and a STOP sign on Benton Avenue at Johnson Drive. Pro-tem Kelly seconded the motion. Mayor- Ayes: Rice, Kelly Nays: Paulus, Smith Motion failed. Member Paulus made a motion to acknowledge and accept Sections B and C of the Traffic Safety Committee Minutes of November 1, 1994. motion. Member Rice seconded the Ayes: Paulus, Rice, Smith, Kelly Nays: Smith Motion carried. REPORT GIVEN ON VEHICLE DAMAGE AT PENTAGON PARK SEPTIZlIBEB 7. 1994 Assistant to the City Manager Smith recalled that when the issue of vehicle damage was brought to the Council on October 3, 1994, staff was instructed to contact an independent testing agency to determine if the substance on the vehicles was the result of the City's street milling process. conduct the testing. Braun Intertec Corporation was contacted to By letters dated November 4, 1994, from Steven Talafous, Senior Engineer, and October 24, 1994, from Thomas Hallquist, Chemistry Supervisor, both at Braun Intertec, they advised that the results of the testing indicated that the milling 111 7/94 process was not the source of the gluing agent for the stain on the vehicles. Therefore, staff would make the following recommendations: 116 1. That Council take no action regarding this matter. 2. That staff should refer this issue back to the City's insurer, the St. Paul Companies. 3. That all claims of damage should be referred back to the St. Paul Companies for further analysis. John Noren, 4640 West 77th Street, asked for a copy of the report and stated his objection to the opinion of Braun Intertec that the milling process was not the source of the substance that adhered to his vehicle. He also indicated his displeasure with the treatment he received from the St. Paul Companies. Member Rice made a motion that this issue of vehicle damage be referred back to the City's jlnsurer, the St. Paul Companies. Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Kelly Motion carried. PUBLIC HEXUXG HELD: JXCREASE IN BEEB AND WINE LICENSE FES FUR 1995 APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Pursuant to due notice given, a public hearing was conducted to consider increasing the fees for beer and wine licenses in accordance with M.S. 340A.408u, Subd. 3A. Manager Rosland reported that a copy of the notice was mailed to all licensees on October 3, 1994. The increase is proposed to recover the additional cost for staff time in the issuance of inspections by the Police Department and the issuance of licenses. holders of beer or wine licenses. No comment or correspondence has been received from Mayor Pro-tern called for public comment on the proposed license fee increase. public comment or objection was heard. Member Rice made a motion to appruve the following beer and wine license fees, effective Jammry 1995, to be adopted by ordinance: No On-sale Wine: Restaurants with 50 or fever seats $720 51 - 100 seats (inclusive) 785 100 - 150 seats (inclusive) 850 Over 150 seats 905 Manager's License 65 On-sale 3.2 Beer: $220 (reneual) Off-sale 3.2 Beer $220 (renewal) 280 (nev) 280 (nev) Temporary 3.2 Beer License s 45 Motion was seconded by Member Smith. Ayes: Paulus, Rice, Smith, Kelly Motion carried. REPORT GIWS ON GOLDEN VAIJXY MICROWAVE FOODS ODOR REDUCTIOH Coordinator Kehoe reminded Council that at the meeting of October 17, 1994, staff was instructed to have Golden Valley Microwave Foods, 7450 Metro Boulevard, submit a report on actions taken to resolve the odor from their food plant. Lisa Thompson, stated that she was the attorney for Golden Valley Microwave Foods, and introduced Maintenance Manager Mike Wallis, Operations Manager Mike Bley and Carl Braun of Rust Environmental. Building 11/7/94 117 Carl Braun, Senior Air Quality Engineer with Rust Environmental, explained his background in design of dust and ventilation equipment and application of air pollution control equipment. He said the odor problem is being approached as follows : Phase 1 and they are progressing towards application of control technology. (nearly completed) The source of the odor has been identified, Phase 2 Some preliminary work remains to evaluate more precisely that technology. Development of detailed engineering to implement that technology. Phase 3 Installation of the technology and final evaluation. Member Paulus asked what time period it will take to accomplish all this. Mr. Braun answered that March, 1995 seems realistic for a completion date of all . three phases. show an appreciable change right away. is a goal of Golden Valley Microwave Foods. Success with a system like this will take fine-tuning but should Taking the time to do the job completely Member Smith voiced concern that the installation will take as long as indicated. He said he, was an advocate of letting Golden Valley solve their-own problem before calling in outside troops and had thought his home was far enough distance that the odor would not be a concern of his. from enjoying his home and yard. problem must be set and submitted to the Council, adhered to and the problem resolved as soon as possible. However, the odor prohibits him Member Smith said a schedule to correct the Member Rice commented that the operative words here are: serious odor problem, public nuisance, uncomfortable to persons of ordinary sensibilities, and that he felt 12 months from the time this problem was identified is not an appropriate timeframe to correct the problem. it needs resolving here or in a court of law. If it smells and is a problem for residents, Mayor Pro-tem Kelly said the timetable is too open and reminded them they had received a citation in June and it is now November. She reiterated that Council wants an exact timetable in writing and periodic reports back to Council as to progress. Mike Bley, Operations Manager, said a specific timetable would be submitted in writing. When the custom made equipment can be acquired it would be installed immediately. Member Rice made a motion directing Golden Valley Microwave Foods to present an exact timetable for eliminating the odor at 7450 Metro Boulevard on November 21, 1994, and upon Council approval to notify residents in the area. seconded by Member Smith. Motion was Ayes: Paulus, Rice, Smith, Kelly Motion carried. *RESOLUTION ADOPTED RECOHHENJ.)ING ShLE OF TAX FORFEIT LAND TO ADJACENT PROPEBTY OWNERS ONLY Motion was made by Member Smith and was seconded by Member Rice for adoption of the following resolution: WEEREAS, the City Council of the City of Edina has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of property taxes, which said list was dated October 27, 1994, Non-Consemtion List 844-NC: and UEEWA!3, the parcel in said list identified as PINS No. 04-116-21-32-0023 has heretofore been classified by the Board of County Commissioners of Hennepin RESOUJTION 11/7/94 County, Minnesota, as non-conservation land the sale thereof and has heretofore been authorized by said Board of County Commissioners: WEEREAS, it has been determined by the Edina City Council that there are no existing or pending special assessments on said parcel; UHEREAS, it has been determined by the Edina City Council that said parcel need not be witbheld from sale pursuant to M.S. 85.012; M.S. 92.461; M.S. 282.01, Subd 8.; M.S. 282.018, Subd. 1; or M.S. 282.018, Subd. 2; NOU, TEIEREFORE, BE IT RESOLVED by the Edina City Council that the said classification is hereby approved: BE IT FURTHER RESOLVED by the Edina City Council that, acting pursuant to Minnesota Statute 282.01, Subd. 7a, it has determined that said parcel of land is not buildable according to the City's Zoning Ordinance and that sale of said parcel be limited to the adjacent property owner (6624 Naomi Drive) for attachment thereto. BWPTED this 7th day of November, 1994. 118 I Motion carried on rollcall vote - four ayes. *1995 COlRJCILHEETING DATES SET Motion was made by Member Smith and was seconded by Member Rice setting 1995 Council holidays : January February September December Motion carried on rollcall vote - Heeting Dates as follows because of observed Tuesday, January3 Tuesday, January 17 Honday, February 6 Tuesday, February 21 Tuesday, September 5 Monday, September 18 Monday, December 4 Tuesday, December 19 four ayes. 0 I *EEARIXG DATE SET OF DECKMBER 5. 1994. FOR VACATION OF UTIIJTY/DRAIJUGE EASEMENT ON LOT 6. BLOCK 9. SOUTH GARDEN ESTATES 3RD ADDITION (7120 WEST SHORE DRIVE) Motion vas made by Member Smith and was seconded by Member Rice for adoption of the following resolution: RES0J.JTION CALTJXG FOR PUBLIC HEARING ON VACATION OF EdsEMeeJT UTILITY/DRAIXAGE WBPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. of the land affected thereby that the following described easement for utility and drainage purposes should be considered for vacation, in accordance with the provlzsions of Minnesota Statutes, Sections 412.851 and 160.29: It is hereby found and determined after receipt of the petition of the mer The southern 5 feet of Lot 6, Block 9, SOUTB GARDEN ESTATES 3RD ADDITION, Hennepin County, Minnesota. 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for tw weeks, in the Edina Sun-Current, being the official newspaper of the City, the first publication at least14 days prior to the date of such hearing, and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicnous places within the City, as provided in Mbnesota Statutes, Section 412.851. This Council shall meet at the time and place specified in the form of notice Such notice shall be in substantially the following form: (Official Publication) CITY OF EDIt?A 4801UEST 50TE STREET NOTICE OF PUBIJC IIEARING 11/7/94 119 ON VACATION OF UTILI!l!Y/DMJXAGE E”T Ilcl THE CITY OF EDIHlL COUNT!l, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Henneph County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on December 5, 1994, at 7:OO P.M. for the purpose of holding a public hearing on the proposed vacation of the following utility and drainage easement: The southern 5 feet of Lot 6, Block 9, SOUTH GARBEN ESTATES 3R.D ADDITION, Hennepin County, Elinnesota I All persons vho desire to be heard with respect to the question of vhether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the .extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone, or cable poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. Marcella H. Daehn, City Clerk Motion carried on rollcall vote - four ayes. *HEARING DATE OF NOWMBER 21. 1994 SET FOR POTENTIAILY DANGEROUS DOG AT 5239 VEST HIGEUWD DRIVE Motion was made by Member Smith and was seconded by Member Rice setting a hearing date of November 21, 1994, for determination of a potentially dangerous dog at 5239 West Highwood Drive. Motion carried on rollcall vote - four ayes. 1995 RECYCUXG CONTRACT APPROVED Manager Rosland reminded Council that at the meeting of October 17, 1994, Woodlake Sanitary Service, Inc. was asked to consider a rate for 1997 in keeping with the proposed 1996 price. Tom Moline, Woodlake Sanitary, said to keep the rates the same for 1997 they would need to work with a benchmark of commodity values. of Recycling Coordinator Chandler explained that the proposal from Woodlake Sanitary Service offers a 1997 monthly household rate of $2.85, contingent upon the market value of recyclables reaching an average of $25.00 per ton. If the market value is less than $25.00 per ton, the rate would increase by a pro-rated amount, not to exceed $3.01 per month - the rate proposed for 1997 in the Woodlake letter of September 14, 1994. proposal. In comparison, the City is currently paying $1.85 per month for recycling service. The 1995 and 1996 rates are the same as the previous Member Paulus made a motion approving the Recycling Contract extension Option X2 with Woodlake Sanitary Service through 1997, vith the new rate structure as follovs : 1995 - 1996 - 1997 Single Family $2.55 $2.85 $2.85 LhiLti-Family 2.13 2.43 2.43 Motion was seconded by Member Rice. Rollcall : Ayes: Paulus, Rice, Smith, Kelly Motion carried. TRIITE IN TAXATION HEARING NOTICE APPROVED Council that at the meeting of October 3, 1994, Council reviewed a draft Assistant Manager Hughes reminded 11/ 7/94 1 2 ()advertisement which was intended to accompany the required Truth in Taxation advertisement. the Council's direction. the Notice on November 16 and November 23, 1994, in the Edina Sun-Current. He presented a revision of that advertisement in accordance with Staff would recommend publishing the advertisement and Meniber Rice made a motion approving the Truth in Taxation notice and advertisement as presented to be published in the Edina Sun-Current on 16 and November 23, 1994. November Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Kelly Motion carried. *PETITION FOR SI3EUAI.X AT 4701 TO 4711 WEST 70TH STREET REFERRED TO ENGI"G DEPARTIlENT Motion was made by Member Smith and was seconded by Member Rice to refer the petition for sidewalk from 4701 to 4711Uest 70th Street to the Ehgbeering Department for processing. Motion carried on rollcall vote - four ayes. *PETITION FOB &WAY STOP INTERSECTION AT BIRCHCREST DRIVE/CODE REFERRED TO TRAFFIC SAFETY STAFF FOR RECOMMENDATION Motion was made by Member Smith and was seconded by Member Rice to refer the petition for a 4-Way SMP Intersection at Birchcrest Drive and Code Avenue to the Traffic Safety staff for recommendation. Motion carried on rollcall vote - four ayes. CONCERN VOICED REGARDING ST. JOHNS AVENUEAEST UOODTAND ROAD RJTEBSECTION: PUBLIC WOODLMD ROAD Barb Hodne, 4532 Tower Street and Lisa Finsness, 4536 Tower Street, said that they were representing their neighborhood and stated that the intersection of St. Johns Avenue and West Woodland Road is unsafe for the neighborhood and the community when driving through. is not speed but the design which provides poor visibility at the intersection and makes it especially dangerous for children riding bicycles. the proximity to Southview Middle School, Concord Elementary, the Normandale School, the Community Center and the athletic fields and said the uncontrolled intersection is the main avenue to those locations. for STOP signs on St. Johns Avenue, but the Traffic Safety Committee informed them that installation of STOP signs on St. Johns would make West Woodland a thoroughfare. intersection of St. Johns Avenuepest Woodland Road. In addition, three driveways back out into that intersection. intersection safe. HEXRIHG SET FOR NOVEMBEB 21. 1994, TO CONSIDER &WAY STOP AT ST. JOHNS AVENlX AED Ms. Hodne said the concern She pointed out Initially, their request was Ms. Hodne said they are now requesting a 4-way STOP at the She urged the Council to make this Lisa Finsness commented that the traffic now has actually doubled from earlier traffic counts which they believe is because of the new entrance to Southview Middle School from Woodland Road. She said Traffic Safety Coordinator Swanson had told her that he had observed cars driving at speeds too fast for that area because of the road alignment. Ms. Finsness noted that visibility is also poor because of shrubbery at the intersection. Manager Rosland interjected that Council is concerned that everyone that would be affected by the proposed 4-way STOP knows what is happening and suggested that a public hearing be scheduled. Member Smith made a motion setting November 21, 1994, as hearing date to consider the proposed 4-ray STOP at the intersection of St. Johns Avenue and West Woodland bad. Motion was seconded by Member Rice. Ayes: Paulus, Rice, Smith, Kelly Motion carried. I I CIAIHS PAID Member Smith made a motion to approve payment of the following 11/ 7/94 121 claims as shom in detail on the Check Register dated November 3, 1994, and consisting of 36 pages: General Fund $366,261.53; C.D.B.G. $19.50; Communication $8,823.73; Working Capital $10,110.46; Art Center $13,348.06; Swimming Pool $3,506.22; Golf Course $31,886.87; Ice Arena $11,512.41; Gun Range $518.55; Edinboraugh/Centennial Lakes $13,765.12; Utility Fund $298,092.75; Storm Sewer , $5,245.92; Liquor Fund $105,710.29; Construction F’und $7,722.24; TOTAL $876,523.65. Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Kelly Motion carried. There being no further business on the Council Agenda, Mayor Pro-tem Kelly declared the meeting adjourned at 11:50 P.M. City Clerk