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HomeMy WebLinkAbout19951002_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 2,1995 ROLLCALL Answering rollcall were Members Maetzold, Paulus, Smith and Mayor Pro-Tem Kelly. CONSENT AGENDA ITEMS APPROVED Motion made by Member Paulus and seconded by Member Maetzold to adopt the Council Consent Agenda as presented excepting Item V.E. Superior Ford, Inc. - 7 Full-Size Police Squad Cars. Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSMENTS: ASSESSMENTS LEVIED Affidavits of Notice were presented, approved and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as recorded on the following proposed assessments: -1. STREET IMPROVEMENT NO. BA-293/BA-299 Location: Valley View Road from W. 65th Street to France Avenue and W. 66th Street from France Avenue to Southdale Road Member Maetzold stated his intention to abstain from discussion or vote on Street Improvement No- BA-293/BA-299 due to a possible conflict of interest. Analysis of assessment for Street Improvement No. BA-293/BA-299 showed total construction cost of $1,637,382.58 less state aid reimbursement of ($1,558,163.88), for $79,218.70 total proposed to be assessed against 172 property owners at $20.00 per foot for single lots; $30.00 per foot for multiple lots and $40 .OO per lot for commercial. Assessments to be spread for ten years. Currently 23 properties on Southdale Road do not have access to Valley View Road, yet according to policy, would be assessed between $600 and $800 using the City's one-third formula for calculating assessments. Engineer Hoffman recommended Council continue the hearing until November 6,1995 so staff can review this special condition. Member Paulus moved and Member Smith seconded the continuation of Street Improvement No, BA-293 and BA-299 to the regular Council meeting of November 6,1995, allowing staff time to review the assessment formula and directing that letters be sent to all affected properties. I Rollcall: Ayes: Paulus, Smith, Kelly Abstained: Maetzold Motion carried. 2. SIDEWALK IMPROVEMENT NO. S-66 Location: Country Club District Analysis of assessment for Sidewalk Improvement No. S-66 showed total construction cost of $127,868.56 proposed to be assessed against 563 parcels at $227.12 per lot. Assessment to be spread over three years. In a letter dated September 24, 1995 Donald Geesaman, 4606 Drexel Avenue, requested relief from the assessment because he personally had his sidewalk repaired and believes he should not have to pay for his neighbors' repairs. Claudette and Robert Page 1 MinutesiEdina Citv CouncWOctober 2.1995 I Debrey, 4502 Browndale Avenue, requested a $60.78 reduction for clean-up and restoration personally done. Frank Lederle, 4507 Browndale, stated he had no knowledge of this project and believes 90 percent of the work was unnecessary. The project was a lot of trouble, is a lot of money, and does not look good. JoAnne Farley, 4615 Bruce Avenue, voiced her objection to the assessment and stated her tax burden is already severe. Two homes on Bridge Street, west of Browndale do not have walks, one homeowner did their own sidewalk in 1992 and another homeowner did their own restoration. Staff recommends relief be given as noted. The assessment would change to $228.44 per lot if relief were granted for the above reasons. Assessment for Sidewalk Improvement No S-66 with exceptions approved by motion of Member Maetzold and seconded by Member Smith and carried unanimously. (Assessment levied by resolution later in Minutes.) 3. ALLEY IMPROVEMENT NO. E34 Location: 41 14 through 4216 Sunnyside Road Analysis of assessment for Alley Improvement No. E34 showed total construction cost of $28,297.10 proposed to be assessed against I3 lots at $2,176.70 per lot. Assessment to be spread over ten years. The proposed assessment is higher, due to poorer subsoil conditions encountered during construction plus a higher bid price for excavation. No oral objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment for Alley Improvement No. E-34 approved by motion of Member Smith and seconded by Member Paulus and carried unanimously. (Assessment levied by resolution later in Minutes.) I 4. MAINTENANCE IMPROVEMENT NO. M-95 Location: 50th and France Business District Analysis of assessment for Maintenance Improvement No. M-95 showed total maintenance cost at $73,614.74 proposed to be assessed against 324,294 assessable feet at $0.227 per foot. One year assessment payable in 1996. No oral objections were heard and no written objections were received prior hereto. Assessment for Maintenance Improvement No. M-95 approved by motion of Member Smith, seconded by Member Paulus and carried unanimously. (Assessment levied by resolution later in Minutes.) Various locations throughout the City 5. TREE REMOVAL PROJECT NO. TR-95 Analysis of assessment for removal of dead or diseased trees showed total cost of $4,268.86 proposed to be assessed against five parcels. The amount and term per parcel are as follows: a. One year: assessments: 5009 Normandale Court, in the amount of $702.90 and 4912 Rolling Green Parking in the amount of $51 1.20 b. Three year assessments: 7713 Marth Court in the amount of $724.20,4633 Casco Avenue in the amount of $1,246.06 c. Five year assessment: 6216 Maloney Avenue in the amount of $1,065,00. No oral objections were heard and no written objections to the proposed assessment were received prior hereto. Assessment for Tree Removal No. M-95 approved by motion of Member Smith, seconded by Member Paulus and carried unanimously. (Assessment levied by resolution later in Minutes.) I 6. AQUATIC WEEDS IMPROVEMENT NO. AQ-95 Location: lndianhead Lake Analysis of Assessment for Aquatic Weeds Improvement No. AQ-95 for lndianhead Lake showed Page 2 .. Minutes/Edina Citv CounciVOctober 2. 1995 a,total cost of $8,423.00 proposed to be assessed against 33 homes at $255.25 per home: One year assessment payable in 1996. Darrell Boyd, 6816 Cheyenne, voiced confusion with the letter he received about the assessment. Assistant Manager Hughes clarified Mr. Boyd’s correct assessed amount would be $255.25. Location: Arrowhead Lake Analysis of Assessment for Aquatic Weeds Improvement No. AQ-95 for Arrowhead Lake showed a total cost of $13,730.1 1 proposed to be assessed against 31 homes at $442.91 per home. One year assessment payable in 1996. $7,458.26 of the total assessment is a carry over amount from 1994, for the aeration system and fish stocking completed in 1994. Woody (Allan) Cater, 6316 Post Lane, stated the west end of Arrowhead Lake is a quagmire. The weed cutter is ineffective. He suggested killing the weeds on the west end via chemical treatment or do not assess those homeowners. Assistant Manager Hughes explained that aerators are located, as recommended, in the lake’s deepest point. The aeration system’s purpose is to allow fish to survive winter and not to control weed growth. He noted chemical treatment in lndianhead Lake has been on-going for 15-16 years but Arrowhead Lake has only been going on for two years. The Arrowhead Lake Improvement Association approved the work. Lee Heutmaker, 6429 Margarets Lane, stated weed cutting does not work and believes other options should be considered. Member Paulus noted on every property transfer, assessments and pending assessments are noted. Assessment for Aquatic Weeds Improvement No. AQ-95 approved by motion of Member Smith, seconded by Member Paulus and carried unanimously. (Assessment levied by resolution later in Minutes.) Following the presentation of analysis of assessments and approval, Member Smith introduced the following resolution and moved adoption: RESOLUTION LEVYING SPECIAL ASSESSMENTS FOR VARIOUS PUBLIC IMPROVEMENTS AND PROJECTS WHEREAS, pursuant to proper notice duly given as required by law, the Edina City Council has met and heard and passed upon all written and oral objections to the proposed assessments for the improvements listed below: Sidewalk Improvement - No. S-66 Alley Improvement - No. E-34 Maintenance Improvement - No. M-95 Tree Removal Project - No. TR-95 Aquatic Weeds Improvement - No. AQ-95 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: I. Each assessment as set forth in the assessment rolls on file in the office of the City Clerk for each aforementioned improvement is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found be benefited by the improvement in the amount of the assessment levied against it. 2. The assessments shall be payable in equal installments, the first of said Page 3 MinuteslEdina Citv Council/October 2,1995 I installments, together with interest at a rate of 8.0 percent per annum, on the entire assessment from the date hereof to December 31,1996, to be payable with the general taxes for the year 1996. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. The number of such annual installments shall be as follows: NAME OF IMPROVEMENT NO. INSTALLMENTS Sidewalk Improvement, No. S-66, Levy No. 13518 Alley Improvement No. E34, Levy No. 113519 Maintenance Improvement No. M-95, Levy No. 1351 1 Tree Removal Project No. TR-95, Levy No. 13515 Tree Removal Project No. TR-95, Ley No. 13516 Tree Removal Project No. TR-95, Levy No. 13517 Aquatic Weeds Improvement No. AQ-95, Levy No. 13514 3 years 10 years 1 year 1 year 3 years 5 years 1 year 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time thereafter, pay to the city treasurer the entire amount of.the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. I 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessment shall be collected and paid over in the same manner as other municipal taxes. Motion for adoption of the resolution seconded by Member Paulus. Adopted this 2nd day of October, 1995. Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Resolution adopted. PUBLIC HEARING HELD ON VACATION OF UTILITY EASEMENT - LOT 2, BLOCK 4% GRlFFlTH ADDITION (7032 WEXFORD ROAD) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Enclineer Engineer Hoffman reported the subject property is located at 7032 Wexford Road , Lot 2, Block 1, Griffith Addition. Lee Chapman, the property owner plans an addition to his home. The roof overhang on theaddition would extend over the City's utility and drainage easement which is why Mr. Chapman petitioned for a utility vacation. The addition also requires a variance from setback requirements. Engineer Hoffman stated that staff believes no vacation is necessary. Instead staff recommends granting Mr. Chapman air rights to allow the addition to overhang the easement. If Council grants the right to use the air rights over the City utility and drainage I Page 4 Minutes/Edina City Council/October 2,1995 easement, Mr. Chapman will be required to provide the City a document which states the City allows him use of “air rights” over the easement. Mr. Chapman would also appear before the Zoning Board of Appeals for his variance request. Engineer Hoffman further stated that NSP, Minnegasco, US WEST and Paragon Cable do not object to the proposal as presented. Council Comments Member Smith inquired whether the City would obtain a hold-harmless agreement. Attorney Gilligan responded that the vacation would contain an indemnification from the homeowner against any damage to our facilities and also allowing the City to take any necessary steps to repair utilities in the easement. Member Maetzold asked what reasonable circumstance would make it necessary to use the easement. Engineer Hoffman said that currently the easement contains a sanitary sewer line. He also stated that methods are available to repair sewer line by relining them. Member Smith asked would air rights still be granted if the variance does not receive approval from the Zoning Board of Appeals. Attorney Gilligan responded that approval of air rights could be conditioned upon the variance being approved. Engineer Hoffman noted if the Zoning Board of Appeals does not grant the variance, that issue could also come before the Council. Mayor Pro-Tem Kelly called for resident comments or concerns. No comments were received. Proponent Comment Lee Chapman, 7032 Wexford Drive, indicated after talking with Engineer Hoffman several times the issue as presented is the only option he has for expansion of his home. I Member Smith made a motion granting air rights allowing the roof overhang to extend over the existing easement conditioned upon Mr. Chapman supplying an agreement indemnifying the City and acquiring the necessary variance. Motion seconded by Member Maetzold. Ayes: Maetzold, Paulus, Smith, Kelly Motion carried FINAL PLAT APPROVED - MIRROR OAKS ADDITION Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen stated that the subject property is located at 5000 Blake Road and comprises two lots with total land area of 10.1 acres. Existing improvements include a single dwelling, a log cabin and a storage building. Most of the site is gently rolling; however, there are areas of steep slopes along Blake Road and near the ponds in the south and southwest portions of the property. The proposed subdivision would create eleven single dwelling lots and would be served by a new street coming off Blake Road. Lots range in size from 30,010 to 71,078 square feet in area. Preliminary plat approval was granted at the June 19, 1995, Council meeting subject to final plat Page 5 MinuteslEdina Citv CouncWOctober 2,1995 approval, subdivision dedication, developer's agreement stating the City has no responsibility for pond maintenance, a watershed district grading permit and review of private deed restrictions at the time of final plat approval. Planner Larsen informed the Council that since the value of the land was set, the developer has agreed to dedicate to the City, Outlot A, located north and east of Blake Road. This is land that is riparian to and part of Miror Lake. Therefore, staff now recommends that parkland dedication be reduced from eight percent to six percent. Planner Larsen also discussed the conservation restriction modification request from Mr. Frey. Mr. Frey purchased Lot 5 and wants to move the existing log cabin into the wnservation restriction on Lot 5. Planner Larsen stated he inspected the site and is recommending Council allow the cabin be moved to the proposed location. Staff recommends final plat approval subject to: I) six percent subdivision dedication based on an unimproved land value of $2,500,000 and an 2) executed conservation restriction covering the land upland from the pond located on. the southerly portion of the property as amended Planner Larsen'introduded George Stickney to the Council and invited questions. Council Comment Mayor Pro Tem Kelly asked if the modification to the conservation restriction would be in the form of a variance. Planner Larsen replied that Council need only grant approval of the request to locate the log cabin in the conservation restriction. The approval can be made part of the agreement. Member Smith asked what the intended use is of the cabin? Planner Larsen stated he believes the cabin will be used as just a spot to go sit, that its a curiosity. Mayor Pro Tem Kelly asked if the cabin had historic significance? Proponent George Stickney replied that the cabin was in the movie "Heartbreak Kid." Member Smith indicated his concern with previous instances where Council was quite restrictive as opposed to now allowing a log cabin. He would like to keep a balance in this process. Planner Larsen acknowledged this is a policy judgement on the part of the Council. In this particular case, the log cabin is historically connected to the property and the surrounding neighbors as well as the proponent want to see the cabin stay a part of the property. Mayor Pro Tem Kelly asked if Mr. Frey had purchased both Lots 4 and 5? Mr. Stickney replied that yes this was correct. Mayor Pro Tem Kelly questioned whether the parcel of land is larger than normal. Planner Larsen replied that Lot 5 is a large lot. Member Maetzold asked how far from the pond the log cabin is proposed to be located. Planner Larsen replied that there is no formal site plan, but in his estimation the cabin would 50-75 feet from the pond. Member Maetzold also questioned the maintenance issue of a structure this old. Planner Larsen informed him that Edina's Code would cover maintenance. I Page 6 Minutes/Edina Citv CounciVOctober 2,1995 Mayor Pro Tem Kelly asked if staff requested the dedication of Outlot A to which Planner Larsen responded that it is in the interest of the City to own property adjacent to lakeshore. Member Paulus questioned whether a stipulation not allowing electricity or running water to the cabin would also be added to the conservation restriction? Planner Larsen replied that no such stipulation had been proposed. He did not believe the cabin is equipped to have water, however, electricity could be brought down to it. Mr. Stickney stated that the cabin has electricity. Member Paulus stated her concern with granting this modification to the conservation restriction when previously Council denied a Rainbow play set's construction. This log cabin structure is greater than a simple gazebo and the potential for future uses causes concern. At this point there has been no assurance that this land will not be further subdivided in the future and allowing the log cabin be located in the conservation restriction may complicate issues at that point. Planner Larsen responded that the City would have zoning control, which could limit the utilization of the building and also the conservation restriction could spell out further limitations to the allowable uses of the building. Mayor Pro Tem asked for clarification of the stipulation that the cabin not be used as a dwelling unit. Planner Larsen stated that this stipulation would be made a part of the conservation restriction so the City would have this document of record filed. Member Maetzold questioned whether a sunset clause could be looked at for this particular property. Concern is that the cabin will not remain the primitive building it currently is. Planner Larsen suggested that an action could be taken calling for periodic review of the property use. Attorney Gilligan informed Council that a sunset provision would probably be difficult to enforce in five or ten years. Member Smith stated his concerns with combining the conservation restriction with the final plat action. He also asked whether or not Outlot A is a buildable lot and questioned whether or not the City really wants this lot. He suggested that he would not be able to support the proposal without further information. Planner'Larsen pointed out that typically it is in the City's best interest to control lakeshore which is why he recommends acceptance of Outlot A as parkland dedication and also Mr. Frey the proponent requesting to move the log cabin was not able to attend the Council meeting. Member Paulus suggested that the request for locating the log cabin within the conservation easement on Lot 5 be separated from the final plat approval. This would allow for review by Council when Mr. Frey could be in attendance to answer questions regarding his proposed use of the cabin. Member Paulus moved tabling action on modifying the conservation restriction to accommodate the log cabin to October 16, 1995 to allow more material be brought to Council regarding the questions raised. Member Smith seconded the motion. George Stickney, stated that although he could not speak for Mr. Frey, he personally has met with many neighbors in the area who were pleased with preserving the cabin on this property. I Page 7 .. Minutes/Edina Citv CouncWOctober 2,1995 Member Maetzold stated he would probably allow the cabin to remain on the property because he would hate to loose a historical structure, but at the same time he also wants more information about the structure. Member Smith asked that staff research previous exceptions to conservation restrictions. Ayes: Maetzold, Paulus and Smith Nays: Kelly Motion camed three to one. . Member Paulus requested clarification'of City's benefit from the dedication of Outlot A. Planner Larsen replied that typically parkland dedication is discounted for value the public receives which in this case is not only outlot A, but also the path connecting this property to the Scriver Road CUI de sac, and the willingness of the developer to go off his property and complete the temporary CUI de sac on Suiver Road into a permanent one. Member Paulus questioned whether the credit for land and improvements was a common practice. If not she has a real problem with setting precedent in this manner. Manager Rosland stated that past city practice has been to accept dedication of any land adjacent to lakeshore and urged that this practice be maintained. Member Smith stated his concern with reducing the parkland dedication to six percent. He stated concern with the development overall and asked for more details from staff. Mayor Pro Tem Kelly stated that Edinahas in the past accepted land in lieu of cash for parkland dedication. Member Maetzold stated that he believes the outlot dedication is appropriate, however, he has concern with reducing the percentage for the remaining parkland dedication from eight percent to six percent. He asked for clarification as to the appropriateness of this reduction. Manager Rosland briefly explained the process used to amve at parkland figures and overall land value. This development is unique in that the land values involved are high, therefore parkland dedication fees per lot are higher than has been seen previously. Mayor Pro Tem Kelly asked if delaying action on this property would cause the developer problems. Mr. Richard Bloom, representing Stickney Groves, Limited Liability Company, replied that a two week delay could mean that the developer looses the chance to begin construction until next spring. .. Member Smith moved final approval of the'plat based upon acceptance of Outlot A and seven percent cash contribution for parkland dedication on a land value of $2,500,000. Member Paulus seconded the motion. Richard Bloom stated the developer's position relative to the parkland dedication and land value for the Mirror Oaks subdivision. He reiterated the developer's willingness to work with the city. I Page 8 Minutes/Edina City CounciVOctober 2,1995 Member Paulus stated her preference for reducing the land value used to calculate the parkland dedication and keeping the parkland dedication fee at eight percent. Member Paulus stated concern with setting precedent in reducing the percentage. Member Smith stated his concern with changing the value already set for Mirror Oaks Plat. Mayor Pro Tem Kelly stated her feeling that staff acted rightly in keeping with the tradition of the City recommending acceptance of the outlot and setting the value at $2,500,000. Ayes: Smith Nays: Maetzold, Paulus and Kelly. Motion failed Member Paulus asked the Planner if the City had ever previously lowered the parkland dedication percentage. Planner Larsen replied that he could not cite a time when the percentage had been lowered. He stated the value has always been the negotiable component of calculating parkland dedication. Member Paulus asked if Council could change the value at this juncture and questioned Attorney Gilligan whether changing the percentage would be precedent setting. Attorney Gilligan replied that our code states that the parkland dedication should be reasonable, and therefore, each development should stand on their own, but changing the percentage could be precedent setting. Member Paulus reiterated her concern with any reduction of the parkland dedication percentage. Mayor Pro Tem Kelly recommended a five minute recess allowing staff to review the value of the Mirror Oaks subdivision to be used for calculation of parkland dedication at 855 p.m. Mayor Pro Tem Kelly reconvened the meeting at 9:00 p.m. Member Paulus introduced the following resolution granting approval of the Mirror Oaks Final Plat conditioned upon parkland dedication of eight percent based on a land value of $2,000,000, dedication of Outlot A to the City of Edina, and execution of conservation restriction. Member Maetzold seconded the motion. RESOLUTION APPROVING FINAL PLAT FOR MIRROR OAKS BE IT RESOLVED by the City Council of the City of Edina, that that certain plat entitled ‘MIRROR OAKS,” platted by Richard Bloom, Groves Stickney Limited Liability Company, and presented at the regular City Council meeting of October 2, 1995, be and is hereby granted final plat approval with the following two conditions: 1. Payment of parkland dedication fees in the amount of eight percent based upon a land value of $2,000,000 as well as dedication of Outlot A to the City of Edina for public use; and 2. The execution of a conservation easement. Member Smith questioned what the purchase price of the undeveloped land was and how that Page 9 MinutedEdina Citv Council/October 2,1995 I will compare to the retail value of the developed lots. Mr. Stickney responded that the purchase price of the undeveloped land was approximately $2,750,000 and that the developed lots would be sold beginning at $390,000 each. Planner Larsen explained that the land value used to calculate parkland dedication has the cost of improvements and the CUI de sac deducted. Ayes: Maetzold, Paulus, Smith, Kelly Motion camed. 60 DAY EXTENSION GRANTED FOR DEADLINE FOR ACTION - ESPECIALLY FOR CHILDREN AND KUNZ OIL COMPANY Attorney Gilligan reviewed the reason for granting an extension for council action on the requests of Especially for Children and Kunz Oil Company. Attorney Gilligan informed Council a new law MS 15.99, effective July 1 , 1995, requires cities to approve or deny requests related to zoning within sixty days of the receipt of the request. The failure to deny the request within sixty days is deemed to be approval of the request under this new law. Therefore, in the both the aforementioned cases the City is protecting itself by granting an extension for action from approving the requests via default of not taking action within sixty days. Extenuating conditions in both cases preclude taking action within the sixty day time frame. Member Paulus moved granting a sixty day extension for action from October 17,1995 until December 17, 1995 in the request for rezoning from RI, single dwelling district to POD-I Planned Office District, Especiallyfor Children. The reasons for the extension are to allow review of the traffic on West 70th Street and staff review of an ordinance amendment allowing a day care facility in an RI, single dwelling district. Member Smith seconded the motion. I Ayes: Paulus, Smith, Kelly Member Maetzold abstained Motion Carried. Motion by Member Smith, seconded by Member Maetzold to grant a sixty day extension for action from October 17, 1995 until December 17, 1995 to Kunz Oil Company Final Development Plan due to the LewidKunz subdivision which is still pending Council action. Ayes: Maetzold, Paulus, Smith, Kelly Motion camed “LOT DMSlON - LOTS I AND 2. BLOCK I, NINE MILE SECOND ADDITION - 6806 AND 6808 DOVRE DRIVE APPROVED Motion made by Member Paulus and seconded by Member Maetzold for adoption of the following resolution. RESOLUTION WHEREAS, Lot I, and the westerly 55.00 feet of Lot, 2, Block I, NINE MILE NORTH 2ND ADDITION presently is a single tract of land; and WHEREAS, the owners have requested the subdivision of said tract into new separate parcels (herein called “Parcels”) described as follows: PARCEL A: Page 10 Minutes/Edina City CounciVOctober 2,1995 That part of Lot 1, Block I, NINE MILE NORTH 2ND ADDITION, Hennepin County, Minnesota lying westerly of a line drawn from a point on the south line of said Lot I distant 20.08 feet west of the southeast comer of said Lot 1 to a point on the north line of said Lot 1 distant 11.43 feet west of the northeast comer of said Lot I. PARCEL B: The westerly 55.00 feet of Lot 2, Block I, NINE MILE NORTH 2ND ADDITION, Hennepin County, Minnesota and that part of Lot 1 said Block I lying easterly of a line drawn from a point on the south line of said Lot I distant 20.08 feet west of the southeast corner of said Lot I to a point on the north line of said Lot 1 distant 11.43 feet west of the northeast comer of said Lot I. WHEREAS, the requested subdivision is authorized under Edina Code Section 810 and 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 purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Sections 850 and 810 are hereby waived to allow said division and conveyance thereof as separate tracts of land but only to the extent permitted under Code Section 810 and Code Section 850 subject to the limitations set out in Code Section 850 and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further 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. Adopted this 2nd day of October, 1995. Motion carried on rollcall vote - four ayes. HEARING DATE SET FOR PLANNING MATTER. Motion by Member Smith, second by Member Maetzold to set the public hearing for the Preliminary Plat of Kunz Oil and Lewis Engineering Company, 5200 Eden Circle and 5229 Eden Avenue for October 16,1995. Ayes: Maetzold, Paulus, Smith, Kelly. Motion carried HEARING DATE SET FOR PLANNING MATTER Member Maetzold moved to set the public hearing for the Kunz Oil Company Final Development Plan, 5200 Eden Circle for October 16, 1995. Ayes: Maetzold, Paulus, Smith, Kelly. Motion carried. *HEARING DATE SET FOR PLANNING MATTER. Motion made by Member Paulus and I Page 11 2. ,I Minutes/Edina Citv Council/October 2,1995 second by Member Maetzold setting October 16, 1995 as the hearing date for the preliminary plat of Tambomino Addition, 6608 Dakota Trail. I Motion carried on rollcall vote - four ayes. *HEARING DATE SET FOR PLANNING MATTER Motion made by Member Paulus and second by Member Maetzold setting October 16, 1995 as the hearing date for consideration of the conditional use permit request of Hennepin County, Southdale Library Building Expansion, 7001 York Avenue. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR PARK DEPARTMENT 60 IN TOPDRESSER Motion made by Member Paulus and'seconded by Member Maetzold for park department's purchase of a 60 inch topdresser to recommended low bidder, North Star Turf at $6,975.75. Motion carried on rollcall vote'- four ayes. *BID AWARDED FOR PREPARATION AND STAINING FOR ARNESON ACRES GAZEBO Motion made by Member Paulus and seconded by Member Maetzold for award of bid for the preparation and staining of the Ameson Acres gazebo to recommended low bidder, Graham Nunn Painting at $5,638.00. Motion camed on rollcall vote - four ayes. M *BID AWARDED FOR PUBLIC WORKS REPLACEMENT FLOOR HOIST Motion made by Member Paulus and seconded by Member Maetzold for award of bid for public works replacement floor hoist to recommended low bidder, Westside Equipment Co., at $11,826.00. Motion carried on rollcall vote - four ayes. . *BID AWARDED FOR ELECTRICAL EQUIPMENT REPLACEMENT FOR FIRE STATION Motion made by Member Paulus and seconded by Member Maetzold for award of bid for electrical equipment replacement for the fire station to recommended bidder, EESCO United at $12,839.44. . Motion carried on rollcall vote - four ayes. BID AWARDED FOR SEVEN 1996 FULL-SIZE POLICE SQUAD CARS Member Smith stated he had asked this item be removed from the consent agenda to request further of Chief Bernhjelm. Member Smith asked why the City needs to order seven vehicles at this time? Chief Bernhjelm explained that previously Edina's police cars had been full size Chevrolets but Ford is now the only auto manufacturer still making a'full size police vehicle. Ordering all seven cars at this time guarantees they will be delivered when the City needs them. Member Maetzold stated he understands the need with ordering the Fords at this time, but in the future look at non traditional alternatives to the squads while still keeping an eye on size, safety and cost. Chief Bernhjelm informed the Council that Chevrolet is possibly developing a utility vehicle for use as police squads. Page 12 Minutes/Edina City CounciVOctober 2. 1995 Member Kelly asked if bidding our squad through the County Purchasing Cooperative is saving the City any money. Chief Bemhjelm responded that it saves in the context of staff time. Motion made by Member Paulus and seconded by Member Maetzold for award of bid for seven 1996 full-size police squad cars to Superior Ford, Inc., at $135,023.00 under Hennepin County Cooperative Purchasing Agreement, Contract #3532A5-232. I Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. *BID AWARDED FOR ABOUT TOWN PAPER SUPPLY FOR FALL ISSUE Motion made by Member Paulus and seconded by Member Maetzold for award of bid for About Town paper supply for the fall issue to sole bidder, Unisource at $6,185.85. Motion carried on rollcall vote - four ayes. *REAPPOINTMENTS MADE TO THE EDINA FOUNDATION Motion made by Member Paulus and seconded by Member Maetzold for reappointment of James Hoveland and Michael Kelly to the Edina Foundation for three year terms to June, 1998. Motion carried on rollcall vote - four ayes. VACANCIES EXIST ON HUMAN RELATIONS COMMISSION Manager Rosland explained that Wo vacancies remain on the Human Relations Commission. Mayor Pro-Tem Kelly encouraged Council Members to submit names of interested persons for possible appointment to the two unexpired terms. . *RESOLUTION SETTING RESPONSIBILITY AUTHORITY FOR CITY DATA PRACTICES Member Paulus introduced the following resolution and moved its approval: RESOLUTION CITY OF EDINA HENNEPIN COUNTY, MINNESOTA WHEREAS, Minnesota Statutes, Section 13.02, Subdivision 16, as amended requires that the City of Edina appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, with the City and, WHEREAS, the City of Edina shares concerns expressed by the Legislature on the responsible use of all City data and wishes to satisfy this concern by appointing an administratively qualified Responsible Authority as required under the statute. BE IT RESOLVED by the City Council of the City of Edina to appoint Debra Mangen as the Responsible Authority for the purposes of meeting all requirements of Minnesota Statutes, Chapter 13, as amended, and with rule as lawfully promulgated by the Commissioner of Administration. Passed and adopted this 2nd day of October, 1995, by the City Council of the City of Edina, Minnesota. Member Maetzold seconded the motion. Motion carried on rollcall vote - four ayes. Page 13 Minutes/Edina Citv Council/October 2,1995 I *NEW ON-SALE WINU3.2 BEER LICENSE APPROVED Motion made by Member Paulus and seconded by Member Maetzold for approval of issuance of a new on-sale wine and 3.2 beer license to Chico's Taco's at 7078 Amundson Avenue. Motion carried an rollcall vote - four ayes. CLAIMS PAID Member Paulus made a motion to approve payment of the following claims as shown in detail on the Check Register dated September 28,1995, and consisting of 26 pages: General Fund $224,935.00; C.D.B.G. $4,684.50; Communications $1 14.24; Working Capital $433.73; Art Center $9,536.83; Swimming Pool Fund $420.15; Golf Course Fund $26,899.13; Ice Arena Fund $17,921.66; Gun Range Fund $627.04; Edinborough/Centennial Lakes $13,865/53; Utility Fund $351,532.57; Storm Sewer Utility Fund $2,062.87; Recycling Program $8.66; Liquor Dispensary fund $66,030.84; Construction Fund $25,721.68; TOTAL $744,794.43. Motion was seconded by Member Maetzold. Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. There being no further business on the Council Agenda, Mayor Pro-Tem Kelly adjourned the meeting at 9:32 P.M. I Page 14