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HomeMy WebLinkAbout19960116_regularMINUTES OF THE REGULAR MEETING OF THE EDlNA CITY COUNCIL HELD AT CITY HALL JANUARY 16,1996 ROLLCALL Answering rollcall were Members Maetzold, Paulus, Smith and Mayor Pro Tern Kelly. CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by Member Maetzold adopting the Council Consent Agenda as presented. Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. *MINUTES OF REGULAR MEETING OF JANUARY 2,1996 APPROVED Motion made by Member Smith and seconded by Member Maetzold approving the Minutes of the Regular Meeting of January 2,1996. Motion carried on rollcall vote - four ayes. PUBLIC HEARING HELD: PRELIMINARY PLAT GRANTED/FINDINGS ADOPTED KUNZlLEWlS ADDITION, 5200 EDEN CIRCLE AND 5220 EDEN AVENUE, Affidavits of notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen stated that the subject property is immediately west of Highway 100 and Our Lady of Grace Church and south of Eden Avenue. The combined parcels consist of approximately eight acres owned by Gordon Lewis and Walter Kunz. The request before Council is for preliminary plat approval recombining the parcels into two new lots. Lot 1 would contain approximately five acres and Lot 2 would contain approximately three acres. Staff would offer four conditions to the preliminaly plat approval: 1) Final Plat Approval; 2) Subdivision dedication on unplatted portions of property; 3) Dedication of a 50-foot wide right- of-way extending easterly from the present terminus of Eden Circle to the easterly property line of the subject property then northerly to intersect Eden Avenue; and 4) Improvements within the lots meet Ordinance required setbacks. Planner Larsen continued that Staff has prepared a draft Findings, Decision and Reasons based upon past hearings and input from consultants. The consultants are BRW, Inc. who originally completed a traffic study in 1984 and updated the study in 1990. Most recently the firm of Hoisington Koegler recommended the right-of-way and second means of egress from this area directly to Eden Avenue as opposed to using Eden Circle exclusively. ProponentlPublic Comment Dennis Trooien. attornev representing Gordon Lewis. Mr. Trooien noted Mr. Lewis' appreciation that Staff recommended approvafof the subdivision. The subdivision takes five smaller tracts of land and combines them into two tracts. However, Mr. Lewis objects to a couple of the conditions as pointed out in Mr. Trooien's January 1 1, 1996 and January 15, 1996 letters to City Attorney Gilligan. Mr. Trooien stated that until last week the Staff had never recommended additional right-of-way. He suggested the dedication seems politically motivated by a desire to reroute traffic in a northerly direction. Mr. Trooien noted for the record that Staff, since Mr. Lewis applied in the summer of 1995, has never recommended any such condition. In fact, Mr. Kunz has indicated to this Council and Planning Commission that his company uses Eden Circle. Mr. Trooien pointed out that the Planning Commission approved this subdivision without the right-of-way. Mr. Lewis on the northerly side uses Eden Avenue, so the right-of-way in particular that goes along the railroad tracks is rarely used, does not exist in the current location, and they have no reason to believe it will be used in the future. Nothing in the proposed plan would require the owner of Lot 2 to exit to the north. If it is more convenient, they are going to head west anyway. Mr. Trooien stated the proponent sees in particular the requirement of the right-of-way along the railroad track to be unnecessary and unuseful. Secondly, according to Mr. Trooien the proposed plat is really not a subdivision because they are consolidating a mismatch of five different smaller parcels into two that make more sense. Mr. Trooien quoted the Edina Staff Report to the Planning Commission of August 30, 1995 " . . . takes a site which is MinuteslEdina City CouncilNanuaw 16.1996 non-conforming in almost all areas and delivers a development which conforms to current standards for industrial property.” Mr. Trooien emphasized that Staff did not recommend right-of-way because the plat would take a non-conforming use and tum it into something that now conforms to the ordinances of the City. Third, Mr. Trooien concluded it defies logic to say that when five smaller pieces of property under two owners are consolidated into two larger parcels, that you need more roads. If you took two parcels and made them into five and people needed access to those five parcels that would be the typical right-of-way dedication seen in any plat. Mr. Trooien stated he did not think there was anything in the record that suggests the right-of-way is needed. Mr. Trooien also asked the Council to focus on the plat and not the Kunz Development Plan or the proposed office development. He emphasized the vote relates to the consolidation and fairness of the City of Edina requiring the right-of-way. Mr. Trooien observed that requiting the right-of-way as part of the plat was particularly odd since Mr. Lewis does not own half the southerly property. Mr. Trooien felt that requiring right-of-way of a proponent that they do not own was unfair of the City. Mr. Trooien repeated that there is legal access from the properties to Eden Circle and Eden Avenue. For the record Mr. Trooien added another objection to the subdivision dedication fee. He stated his client is taking five parcels and combining them into two so no subdivision fees should be charged. Member Smith asked Mr. Trooien how the City seemed politically motivated? Mr. Trooien responded the City seemed politically motivated from his reading the minutes of the meetings relating to City Council action in particular. A perception exists that there is going to be a lot of development on the Kunz property that will necessitate additional traffic going out Eden Circle. Mr. Trooien stated the City, in a planning mode wants to direct traffic to the north, which in his opinion is inappropriate. Mr. Trooien stated this desire is politically motivated because of the perception of one or more Council Members or the Mayor that the northerly traffic pattern is desirable for their constituents. John Menke, 5301 Pinewood Trail. Mr. Menke stated he is a business owner living near Eden Circle. He would like the right-of-way. He would like the businesses to exit onto Eden Avenue and not Eden Circle. As he has previously stated before Council, Mr. Kunz currently is not the largest problem of people running the stop sign at the top of Eden Circle, but it is a problem. The traffic is a problem. It would be nice if Eden Circle ended in a CUI de sac, although he understands that is not part of this proposal. However, the neighborhood would like to see the industrial traffic going out to Eden Avenue. Contrary to the previous speaker‘s understanding, Mr. Menke stated his understanding as a five-year resident is that there was supposed to be access for Mr. Kunz to Eden Avenue. Unfortunately, the access was never developed and Mr. Menke agreed he would not drive his vehicles over Eden Avenue in the condition that it currently exists. Ted Giannobile, 5244 Eden Circle, TSE office building south of the KundLewis site, expressed concem over the potential loss of the small park. In addition, Mr. Giannobile stated his continuing concern with parking for his building. In view of his concerns he asked Council not to approve this plan. Walter Kunz, Kunz Oil commented they had been trying to be patient and cooperative. The plan Kunz Oil originally submitted was, in his view, workable and did not require the additional easement and roadway right-of-way. He concluded it is time to move on and try to get a decision made. Council Comment Member Paulus asked for clarification of why the City is requiring the right-of-way at this time and whether or not the Planning Commission has reviewed the Hoisington Koegler‘s report on the Grandview Area? Planner Larsen replied that the request for the right-of-way is based on the consultant’s opinions and recommendations received after the initial staff report written in August of 1995. In addition, after the initial presentation and staff report, some items became known regarding traffic circulation and volume that warrant the second means of egress for the southerly properties. The Planning Commission has not Page 2 MinuteslEdina City CouncillJanuaw 16, 1996 reviewed the proposed plat after its initial presentation in the summer of 1995 and has not seen any of the consultants’ reports. Member Paulus asked for the approximate dates of hiring the consultants and the subsequent study’s presentation to City Council. Planner Larsen replied that Council viewed a preliminary report at the December 5, 1995 meeting. At the December 19, 1995 the consultant, Hoisington Koegler Inc., made their presentation to both the HRA and City Council. Member Paulus stated that the Council recommended hiring a consultant to help in making the best decision for the correct use of the subject property. Staff presented to the City Council the need for the right-of-way dedication because of the consultant‘s recommendation. Member Maetzold added his support of the preliminary plat approval with the conditions as stipulated. He thinks the dedication of the fifty-foot right-of-way is important, as recommended by the consultants, to direct the traffic to the north off Eden Circle. Mayor Pro Tem Kelly commented that the City was working with people who have been really good citizens of the community and the City appreciates them. The City wants something to happen in this area that is beneficial to both the proponents and the City. However, the City must follow rules since the Council must deliver services to the entire community. The City must provide for the orderly, economic, and safe development of land and urban services, and beyond that, provide adequately for transportation, water, sewage, storm drainage, schools, parks, playgrounds and other public services and facilities. Therefore, the City Council must look at the whole picture instead of individual developments while still encouraging individual development. Mayor Pro Tem Kelly stated that Staff has been doing a good job of looking after the best interests of the City and the proponents have been cooperative as well. Member Smith stated that previously this project was moving foward with the developer and land owners working hard to accomplish a development approximating what the consultants recommended. Member Smith expressed concern that now the project is off track. He requested that the property owners come together and work out a proposal satisfactory to all concerned parties. Member Smith emphasized his disagreement with Mr. Trooien’s opinion that the right-of-way dedication was politically motivated. Member Smith reiterated that the City Council works for the betterment of the community as a whole. Member Paulus made a motion granting preliminary plat approval to the KunzlLewis Addition and adopting the following Findings, Decision and Reasons as presented. FINDINGS, DECISION AND REASONS In the matter of S-95-4 Preliminary Plat approval Kunz-Lewis Addition Gordon Lewis and Kunr Oil - Parts Plus FINDINGS: The City Council considered the proposed subdivision at its September 18, 1995, October 16, 1995, and December 19,1995, meetings. The hearing was continued to January 16,1996, with the consent of the proponents. Following the December 19,1995 City Council meeting, and prior to the January 16,1996 Council meeting, City Staff met with the proposed developers of the lots within the plat on four different occasions. Representatives of the City’s planning consultant, Hoisington Koegler also attended the meetings. The meetings were held to consider modified development plans which would address the City’s desire for direct access to Eden Avenue from Lot 2 of the proposed subdivision. Several revised development plans were considered at the various meetings. All of the revised plans provided access to Eden Avenue for Lot 2 of the proposed subdivision. Although a revised development plan was not agreed to by all parties prior to the January 16, 1996 meeting, City Staff Page 3 MinuteslEdina City Council/Januarv 16,1996 has informed the Council that they believe an acceptable plan will be forthcoming. On January 11, 1996, a letter from the attorney for Gordon Lewis, one of the proponents of the proposed subdivision, was received by the City Attorney of Edina. The letter requested that the proposed subdivision be treated independent of the redevelopment proposals for lots within the proposed subdivision. The letter also requested City Council action on the subdivision as originally proposed. As originally proposed, the subdivision would result in a land locked lot; Lot 2 would rely only on a private road easement to gain access to a public street, Eden Circle. No access to Eden Avenue is provided for in the subdivision as originally proposed. The proposed subdivision would eliminate the existing private road easement from Lot 2 to Eden Avenue. The only ingress/egress to the Richmond Hills residential neighborhood is through the use of Sherwood Road. The proposed subdivision would require that all industrial traffic created by improvements to Lot 2 also use Shetwood Road as its only ingress and egress. Section 810 of the city Code, the Subdivision Ordinance contains the following purpose statements: * Provide for the orderly economic and safe development of land and urban services and facilities. * Facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds, and other public services and facilities. Section 810 also contains the following Guidelines and Criteria for evaluating Plats and Subdivisions: * Consistency of the subdivision with policies and goals of the Comprehensive Plan. * Relationship of the lots in the plat or subdivision to existing streets and the adequacy and safety of ingress to and egress from such lots from and to existing streets. * The adequacy of streets in the proposed plat and the conformity with existing and planned streets and highways and surrounding areas. Streets in the proposed plat shall be deemed inadequate if designed or located so as to prevent or deny public street access to adjoining properties, it being the policy of the City to avoid landlocked tracts, parcels or lots. * The adequacy and availability of access by police, fire, ambulance, and other life safety vehicles to all proposed improvements to be developed on the proposed plat or subdivision. I Land Dedication * A reasonable portion of any plat shall be dedicated to the City for public use for streets etc. THEREFORE, based on the foregoing Findings of Fact, the City Council does hereby make the following: DECISION: Preliminary Plat approval with the following modifications and conditions: * Dedication of a 50 foot wide right-of-way extending easterly from the present terminus of Eden Circle to the easterly terminus of the property then extending north to intersect with Eden Avenue.. * Final Plat Approval. * Subdivision dedication for previously unplatted parcels within the subdivision. * Improvements within the lots meet Ordinance required setbacks. The decision is made for the following: REASONS: * As proposed, the plat does not provide for adequate and safe ingress and egress for Lot 2 of the plat since the plat removes direct access for the industrial use on Lot 2 to Eden Avenue. The plat, as proposed would require the industrial use traftic to use Eden Circle and Shetwood cul de sacs Page 4 MinutedEdina Citv CouncillJanuarv 16, 1996 which are the only ingresdegress for the Richmond Hills residential neighborhood. * Redevelopment of the Lots in the proposed plat would create conflicts at the intersection of Sherwood Road and Link Road due to the additional traffic volume on Eden Avenue created by the redeveloped properties. A traffic study, prepared for the City by BRW, Inc. In 1990, recommended providing a second means of egress for the Richmond Hills residential area southwest of Eden Circle (1984 Grandview Area Traffic Study Update, July 1990. BRW, Inc., page 36). * The City's planning consultant, the Hoisington Koegler Group, Inc. recommended a rearrangement of the Lots within the subdivision and recommended that access and egress for Lot 2 of the subdivision be directly from Eden Avenue via a public right-of-way or a private road easement. Motion seconded by Member Maetzold. Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. PRELIMINARY REZONING, PID, PLANNED INDUSTRIAL DISTRICT TO POD-I, PLANNED OFFICE DISTRICT, 5229 EDEN AVENUE CONTINUED TO FEBRUARY 5, 1996 Affidavits of Notice were presented, approved and ordered placed on file. Mayor Pro Tem Kelly explained that Laurent Development requested continuance of this item to the February 5, 1996 Council meeting. Member Maetzold moved and Member Smith seconded the motion continuing the public hearing for the Preliminary Rezoning from PID, Planned Industrial District to POD-I, Planned Office District, for 5229 Eden Avenue until the February 5,1996 Council meeting. Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. FINAL DEVELOPMENT PLAN, KUNZ PARTS PLUS WAREHOUSEy 5200 EDEN CIRCLE CONTINUED TO FEBRUARY 5,1996 Affidavits of Notice were presented, approved and ordered placed on file. Mayor Pro Tem Kelly reported that Walter Kunz requested continuance of this item to the February 5, 1996 Council meeting. I Member Maetzold moved and Member Smith seconded the motion continuing the public hearing for the Final Development Plan, Kunz Parts Plus Warehouse, 5200 Eden Circle until the February 5, 1996 Council meeting. Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. PUBLIC HEARING HELD ON ORDINANCE NO. 1995-9, AN ORDINANCE AMENDING CODE SECTION 850.11 SUBD (A) ALLOWING DAY CARE AS A CONDITIONAL USE IN AN R-1 SINGLE DWELLING DISTRICT; CONTINUED TO FEBRUARY 5, 1996 Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Planner Planner Larsen noted the Council first considered the amendment addina day cares, preschools and nursery schools as Conditional Uses in the R-I Districts at its November 20, 1695 meeting. -The Council continued the hearing to this date allowing Staff time to provide information on the impact of the proposal and deliver Ordinance Findings as required by Edina's Code when approving Conditional Use Permits. Planner Larsen reviewed a map depicting properties zoned R-I of two or more acres. Two acres is the proposed lot size minimum for day care as the principal use. The map also identified existing churches with lots of two or more acres. Planner Larsen pointed out many existing churches currently contain day care facilities as an accessory use. The City permits this accessory use under the present Edina Code. Planner Larsen reviewed Edina Code's Section 850.04 Subd 4. E. seven requirements for findings when granting a conditional use permit. Approval of a conditional use permit requires a three-fifths favorable vote Page 5 MinuteslEdina City CouncillJanuary 16,1996 of all members of the Council. A favorable vote by the Council shall be deemed to include a favorable finding on each of the seven requirements even if not specifically set out in the approval resolution or the minutes of the Council meeting. Planner Larsen recommended Council consider approving the amendment to the Zoning Ordinance. Staff believes because of the limited number of properties available for this purpose, the economics of the business, and findings necessary for a particular proposal, adequate safeguards exist to prevent this type of business from occumng where it does not belong. Planner Larsen mentioned Steve and Priscilla Williams submitted an application for a Conditional Use Permit to allow day care at 5015 West 70th Street. In addition, the Planning Commission recommends approval of the Conditional Use Permit dependent on adoption of the amendment by the City Council. Member Smith questioned what would prevent someone from buying at least two acres of land and constructing a day care facility. Planner Larsen responded that while nothing would prevent the acquisition of the property the Council can judge each particular circumstance and decide whether the requested conditional use was appropriate within the neighborhood. Member Smith expressed concern that the amendment did not contain language preventing residential demolition for rebuilding as a day care facility. Planner Larsen replied that he did not believe we could contrive language to obtain the necessary guarantee in an ordinance amendment unless the Council created a separate day care zoning district. Planner Larsen stated his belief that the findings necessary in granting a conditional use would offer the protection necessary to protect the residential integrity of neighborhoods. Attorney Gilligan stated that zoning requires uniformity throughout the City and without creating a separate zoning district there appears no way to guarantee that uniformity. He continued that he has not looked into adding language to the amendment creating a separate district or prohibiting acquisition and demolition with the intent to create a day care facility. Member Maetzold asked if adopting the ordinance amendment and resultant conditional use permits, sets precedent for future problems. For example, a for profit pediatric clinic seeking relocation within an R-1 District approaches the City. Could we deny their request? Attorney Gilligan replied that Edina’s Code allows churches and schools in R-I Districts. The Zoning Ordinance looks at what type of uses are permitted in a zoning district. Day cares would be consistent with uses allowed in R-I Districts, but a medical facility would be inconsistent with allowed uses in R-I Districts. Public Comment Alan Hohenstein, 5104 West 70th Street. Mr. Hohenstein stated he addressed this issue at previous meetings and in his January 11, 1996 letter. Mr. Hohenstein repeated his objections to the proposed ordinance amendments. He commented this amendment was a major change in the zoning ordinance affecting everyone in the City and that he thinks the City has no compelling reason to change the zoning. In addition, the former church had its opportunity for compensation when the State of Minnesota took part of the property to expand Highway 100. Mary Johanson, Director of Especially For Children Day Care Center. Ms. Johanson stated that in her understanding if the subject property were still a church there would be no issue since day cares are a permitted accessory use for church sites. Ms. Johanson added that the center is currently full and they have a long waiting list of Edina residents. She explained that many laws and regulations exist to prevent day cares from operating in an inappropriate area. Ms. Johanson urged the Council to adopt the ordinance I Page 6 MinuteslEdina City CouncillJanuarv 16,1996 amendment and subsequent conditional use permit. Member Smith asked for clarification regarding condemnation of whether or not the compensation paid is for the property taken. The property remaining does in fact have value for which the entity taking property did not compensate the owner. In addition, Member Smith asked if Staff knew with certainty what regulations exist to control the location of day care facilities. Attorney Gilligan responded affirmatively that compensation in condemnation is for the land taken. He replied that he was not familiar enough with day care regulations to be certain of the ability to deny placing a facility in a residential neighborhood. I Member Paulus advised that discussion focus on the ordinance amendment and not the request for a conditional use permit on 70th Street. After reviewing the seven required findings for conditional use permits, Member Paulus believes they offer safeguards. In addition, Member Paulus pointed out that the economic feasibility of a day care facility acquiring enough property, taking down the homes and constructing a day care offers another safeguard. She thinks enough safeguards exist when viewing the overall Ordinance and the required findings necessary for granting a conditional use. Member Maetzold stated he had some reservations of the potential for interjecting a business into an R-I neighborhood, but supports the amendment. He believes there are enough safeguards in the Code to control the location of day care facilities. Mayor Pro Tem Kelly reminded Council that Edina's Code currently allows home day care facilities in residential neighborhoods. Mr. Hohenstein submitted that if the Council adopts the proposed amendment, an applicant could tear down property and construct a facility that would differ greatly from churches where day cares are allowed as accessory uses. Also regarding condemnation awards in his experience compensation covers future use I or loss of future use. Member Smith moved to continue consideration of Ordinance No. 1995-9 amending Code Section 850.11 Subd 3(a) allowing day care as a conditional use in an R-I Single Dwelling District until February 5, 1996 and directing staff to revise the proposed amendment. Motion defeated for lack of a second. Member Paulus moved adoption of Ordinance No. 1995-9 amending Code Section 850.11 Subd 3(a) allowing day care as a conditional use in an R-I Single Dwelling District until February 5, 1996. Member Maetzold seconded the motion. Assistant Manager Hughes stated that since this is a final reading of a zoning ordinance state law requires that the ordinance receive four affirmative votes. Member Paulus withdrew her previous motion because of the need for the four fifths vote. Mayor Pro Tem Kelly stated support of continuing action until February 5, 1996 Member Paulus moved to continue consideration of Ordinance No. 1995-9 amending Code Section 850.11 Subd 3(a) allowing day care as a conditional use in an R-1 Single Dwelling District until February 5,1996. Member Maetzold seconded the motion. Ayes: Maetzold, Paulus, Smith, Kelly Motion camed. *LOT DIVISION GRANTED - 1 OVERHOLT PASS AND 6725 IROQUOIS CIRCLE Motion made by Member Smith and seconded by Member Maetzold adopting the following resolution: I Page 7 MinuteslEdina City CouncilNanuarv 16,1996 RESOLUTION APPROVING LOT DIVISION WHEREAS, the following described properties are two separate tracts of land: All of Outlot B, OVERHOLT HILLS GEORGIA 2ND ADDITION, Except that part thereof lying easterly of the following described line: Commencing at the southeast comer of Lot 1, Block 2, said Addition; thence northerly along the easterly line of said Lot 1 to the northeast comer of said Lot 1; thence northerly along the northerly prolongation of the easterly line of said Lot 1 a distance of 100.00 feet; thence northeasterly to the most westerly comer of Lot 4, Block 1, OVERHOLT HILLS SALLY ADDITION, and there terminating; and That part of the most northerly 60 feet of Lot 41, Auditor‘s Subdivision No. 196, Hennepin County, Minnesota lying easterly of the southerly extension of the westerly line of East Iroquois Trail, as shown on the plat of IROQUOIS HILL, AND That part of Lot 13, Auditor‘s Subdivision No. 196, Hennepin County, Minnesota, lying westerly of the plat of OVERHOLT HILLS SALLY ADDITION and lying northerly of a line drawn parallel with and 400 feet southerly from the north line of said Lot 13, according to the plat thereof on file or on record in the office of the Registrar of Titles, Hennepin County, Minnesota. DASBURG PROPERTI: HITCHCOCK PROPERTY: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called “Parcels”) described as follows: DASBURG PROPERTI: Out lot 6, OVERHOLT HILLS GEORGIA 2ND ADDITION. Except that part of said Outlot B lying easterly of the following described line: Commencing at the southeast comer of Lot 1, Block 2, said Addition; thence northerly along the easterly line of said Lot 1 to the northeast comer of said Lot 1; thence northerly along the northerly prolongation of the easterly line of said Lot I a distance of 100.00 feet; thence northeasterly to the most westerly comer of Lot 4, Block 1, OVERHOLT HILLS SALLY ADDITION, and there terminating. ALSO, kcept that part of said Outlot B described as follows: Beginning at a the northwest comer of said Outlot 6; thence southerly along the west line of said Outlot B 30.00 feet; thence easterly, parallel with the north line of said Outlot B 98.00 feet; thence northeasterly to a point on said north line distant 150.00 feet easterly from said northwest comer; thence westerly to the point of beginning. TOGETHER WITH, That part of Lot 13, Auditor‘s Subdivision No. 196, Hennepin County, Minnesota, described as follows: Beginning at a point on the north line of Outlot B, OVERHOLT HILLS GEORGIA 2ND ADDITION, according to the record plat thereof, distant 150.00 feet east from the northwest comer of said Outlot B; thence easterly along said north line 150.00 feet; thence northerly parallel with the west line of said Outlot B 30.00 feet; thence westerly, parallel with said north line 98.00 feet; thence southwesterly to the point of beginning. That part of the most northerly 60 feet of Lot 11, Auditor‘s Subdivision No. 196, Hennepin County, Minnesota lying easterly of the southerly extension of the westerly line of East Sroquois Trail, as shown on the plat of IROQUOIS HILLS. TOGETHER WITH, That part of Lot 13, Auditor‘s Subdivision No. 196, Hennepin County, Minnesota, lying westerly of the plat of OVERHOLT HILLS SALLY ADDITION and lying northerly of a line drawn parallel with and 400 feet southerly from the north line of said Lot 13, according to the plat thereof on the file or on record in the office of the Registrar of Titles, Hennepin County, Minnesota. Except that part of Lot 13, Auditor‘s Subdivision No. 196, Hennepin County, Minnesota, HITCHCOCK PROPERPI: I I I Page 8 MinutedEdina City CouncillJanuary 16, 1996 described as follows: Beginning at a point on the north line of Outlot B, OVERHOLT HILLS GEORGIA 2ND ADDITION, according to the record plat thereof, distant 150.00 feet east from the northwest comer of said Outlot B thence easterly along said north line of 150.00 feet; thence northerly parallel with the west line of said Outlot B 30.00 feet; thence westerly, parallel with said north line 98.00 feet; thence southwesterly to the point of beginning. TOGETHER WITH, That part of Outlot B, OVERHOLT HILLS GEORGIA 2ND ADDITION, according to the record plat thereof, Hennepin County, Minnesota, described as follows: Beginning at the northwest comer of said Outlot B; thence southerly along the west line of said Outlot B 30.00 feet; thence easterly, parallel with the north line of said Outlot B 98.00 feet; thence northeasterly to a point on said north line distant 150.00 feet easterly from said northwest comer; thence westerly to the point of beginning. WHEREAS, the requested subdivision is authorized under 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 850 and 810; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the 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 and 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. Motion carried on rollcall vote - four ayes. FINAL PLAT APPROVAL GRANTED FOR PARKWOOD KNOLLS 25TH ADDITION (PARKWOOD KNOLLS CONSTRUCTION COMPANY1 Planner Larsen reviewed the proposed Final Plat and reminded the Council that Parkwood Knolls Overall Development Plan was approved in the fall of 1995. At that time a thirty-three-acre section in the northerly portion of Parkwood Knolls received Final Plat Approval. The current request is for Final Plat Approval for nine lots in the north east part of Parkwood Knolls. The proposed plat is consistent with the approved Preliminary Plat. Staff recommended approval of the final plat conditioned upon approval of the grading plan by Nine Mile Creek Watershed District. Member Smith introduced the following resolution granting approval of the Parkwood Knolls 25th Addition Final Plat, conditioned upon approval of the’grading plan by Nine Mile Creek Watershed District and moved its adoption: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, that that certain plat entitled “PARKWOOD KNOLLS 25TH ADDITION” platted by Parkwood Knolls Construction and presented at the Regular City Council meeting of January 16, 1996 is hereby granted final plat approval with the following condition: I. Member Maetzold seconded the motion. Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Resolution adopted. Approval of the grading plan by Nine Mile Creek Watershed District. Page 9 MinuteslEdina City CouncillJanuaw 16,1996 PUBLIC HEARING VACATION OF UTILITY AND DWNAGE EASEMENT GRANTED FOR LOT 7, BLOCK 1. KANE ADDITION. 4809 WEST 66TH STREET Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Engineer Engineer Hoffman informed Council that the property owner, when selling his home at 4809 W. 66th Street, discovered that his garage encroached on part of the utility and drainage easement. The property owner filed a petition requesting vacation of the portion of the easement under the existing garage. The vacation will eliminate a title problem caused by the building encroaching on the easement. Both Staff and the utility companies have reviewed the request. All parties concur with the request if the utility companies are not required to move existing utility structures. The recommendation is to grant the request to vacate the portion of the utility and drainage easement. Mayor Pro Tem Kelly called for public comment on the vacation request. No comment or objection was heard. Member Maetzold moved adoption of the following resolution: RESOLUTION VACATING EASEMENT FOR UTILITY AND DRAINAGE PURPOSES WHEREAS, a resolution for the City Council, adopted the 19th day of December, 1995, fixed a date for a public hearing on a proposed vacation of an easement for utility and drainage purposes; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on the 16th day of January, 1996, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television 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; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described utility and drainage easement be and is hereby vacated effective as of January 16,1996: a portion of an existing utility and drainage easement lying within the following described property; the north 46.5 feet of the South 60.0 feet lying west of the East 6.0 feet thereof on Lot 7, Block 1, KANE ADDITION . BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.85. Motion seconded by Member Smith. Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Resolution adopted. *BID AWARDED FOR HAND HELD RADIO FREQUENCY METER READING EQUIPMENT Motion made Page IO MinuteslEdina City CouncillJanuarv 16, 1996 by Member Smith and seconded by Member Maetzold to award the bid for hand held radio frequency meter reading equipment to sole bidder, Hydro Supply Co., at $7,122.19. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR WINTER 1996 ABOUT TOWN PAPER SUPPLY Motion made by Member Smith and seconded by Member Maetzold to award the bid for paper supply for winter 1996 issue of About - Town to sole bidder, Unisource, at $6,245.85. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR TWO DUMP TRUCK CAB AND CHASSIS Motion made by Member Smith and seconded by Member Maetzold to award the bid for two dump truck cabs and chassis at $91,490.00 through State Cooperative Purchasing Contract No. C-79094-02975-01 to Boyer Ford Trucks. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR TWO DUMP TRUCK BOXES Motion made by Member Smith and seconded by Member Maetzold to award the bid for two dump truck boxes at $49,005.64 through State Contract No. C-79094-02975 to J. Craft. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR PRE-WET KITS AND SANDERS FOR SNOW PLOW TRUCKS Motion made by Member Smith and seconded by Member Maetzold to award the bid for pre-wetting kits and sanders for snow plow trucks at $8,385.81 through State Contract No. C-79094-02783 to Aspen Equipment. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR 1996 ONE-TON 4x4 CHEVROLET PICK-UP Motion made by Member Smith and seconded by Member Maetzold to award the bid for 1996 one-ton 4x4 Chevrolet pick-up at $19,531.10 through Hennepin County Bid #3579A5#F to Erickson Chevrolet Pontiac, Inc. I Motion carried on rollcall vote - four ayes. *BID AWARDED FOR PRECAST CONCRETE WORK FOR DECK AND GARAGE EXPANSION AT GOLF COURSE CLUBHOUSE Motion made by Member Smith and seconded by Member Maetzold to award the bid for precast concrete work for deck and garage expansion at Braemar Golf Course to recommended low bidder, Molin Concrete Products at $6,758.00. Motion carried on rollcall vote - four ayes. *TRAFFIC SAFETY STAFF REPORT OF JANUARY 3,1996, APPROVED Motion made by Member Smith and seconded by Member Maetzold to acknowledge receipt of the Traffic Safety Staff Report of January 3, 1996, Sections A, B. Motion carried on rollcall vote - four ayes. RESOLUTION ADOPTED DESIGNATING NATIONAL CITY BANK AS OFFICIAL DEPOSITORY Member Maetzold disclosed that he is an officer of National City BanWSouthdale and that he would abstain from voting on the resolution designating National City BanWSouthdale as a depository for public funds of the City. Member Paulus introduced the following resolution and moved its adoption: RESOLUTION DESIGNATING DEPOSITORY BE IT RESOLVED by the Edina City Council that the National City BanWSouthdale Office, Edina, Minnesota, authorized to do banking business in Minnesota, be and hereby is designated as an Official Depository for the Public Funds of the City of Edina, County of Hennepin, Minnesota, until January I, 1997. Member Smith seconded the motion. Ayes: Paulus, Smith, Kelly Abstaining: Maetzold Resolution adopted. Page I1 MinuteslEdina Citv CounciUJanuaw 16,1996 APPLICATION TO MINNESOTA CITY PARTICIPATION PROGRAM SUBMISSION APPROVED Assistant Manager Hughes explained that annually, the Minnesota Housing Finance Agency (MHFA) sells mortgage revenue bonds for cities for providing below market interest rate mortgage loans for low and moderate income, first-time home buyers. The MHFA invites cities to apply to MHFA for part of these bond proceeds. The amount of the proceeds allocated to each city is based upon a per capita formula prescribed by State Law. Last year, the per capita allocation for each recipient city that applied was $22.00. If MHFA approves Edina's application, loans issued pursuant to the program are originated by lenders who have elected to participate in the program. Currently, eight lenders with offices in Edina participate in the program. The City may select some or all these lenders to originate loans under the program. Assistant Manager Hughes stated that loans issued under the program are limited to individuals and families earning less than 80% of median income. Only homes selling for less than $95,000.00 are eligible. All types of ownership properties are eligible including townhouses and condominiums. Costs for City participation in this program are limited. The Minnesota Department of Finance will charge a processing fee of $20.00 for each $100,000.00 of allotment provided to the City. If the City's application is approved, an application deposit equaling 1 percent of the bond allocation must be submitted by the City. However, this deposit is fully-refunded after the closing of the bond sale. Staff time will be required to prepare the application form for submission to the MFHA. Information that MHFA requires on the application either is now available or must be prepared for participation the Metropolitan Livable Communities Act. Following a brief Council discussion, Member Smith made a motion authorizing submission of an application to the Minnesota Housing Finance Agency for participation in the Minnesota City Participation Program, Member Paulus seconded the motion. Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. I *NEW ON-SALE WINE LICENSE AND 3.2 BEER LICENSE APPROVED - SZECHUAN STAR Motion made by Member Smith and seconded by Member Maetzold to approve the new on-sale wine license and 3.2 beer license for Szechuan Star. Motion camed on rollcall vote - four ayes. MORNINGSIDE WATER DISCUSSION HELD Director of Public Works Hoffman noted during the Water Supply Plan review, the Council raised a question regarding the Morningside water supply. Morningside residents currently purchase water from the City of Minneapolis. In the 1970's Edina developed and installed a new trunkwatermain system based on continued use of Minneapolis water. In addition, the 1988 Water System Plan review of the City water system recommended an additional water tower and well to meet design capacity of the overall water system. The City constructed these items in 1989. The report further suggested the addition of two wells might be needed depending upon development or redevelopment to higher densities. Since the City has not developed at a higher density, it does not require additional wells. Current Minnesota Department of Natural Resources policies would make it very difficult to obtain appropriation permits to add to our existing system. Based upon this background Staff has developed the following information: * The approximate cost to survey Momingside residents/businesses would be $1,500.00. The cost would cover survey development, postage and envelopes for sendingheturning surveys, tabulating results and reporting back to Council. The surveywould solicit information on: 1) Opinion of current service, 2) Should City investigate system changes necessary to hook up to Edina water, 3) Use of Minneapolis softened water vs. Edina unsoftened water, 4) Indicate the potential costs for converting to City water might be similar to 1979 trunk watermain assessments in Momingside of $534/1ot, and 5) Inform residents the survey relates to concem over long-term water quality and emergency backup systems in case of water contamination. * I Page 12 I 1 I. - .:. ,. -i *. , MinuteslEdina City Council/Januarv 16, 1996 The cost to develop the appropriate engineering review using a computer model to assure adequate flows and fire flow pressures, preliminary cost estimates for the proposed system improvement would be an additional $3,500.00, between staff and water system consultant fees. Director Hoffman cited a recent Star Tribune editorial implying the need for a metropolitan water system similar to the metro sewer system. Director Hoffman stated that during his discussions with both the Department of Natural Resources and Minneapolis water staff neither knew who originated the idea. Preliminary review of Momingside water showed that although an adequate water supply is available, contamination remains a concern. Melding all water systems in the metro area into one metropolitan system would be difficult. The intent of the recent water supply plan legislation seems not to support the idea other than providing well planned existing systems and emergency measures as needed. A brief Council discussion followed with no Council action required. I ORDINANCE NO. 1996-1 ADOPTED - AMENDING CODE SECTION 185 TO PROVIDE AN ADJUSTED FEE FOR MORNINGSIDE WATER SERVICES: SECOND READING WAIVED Finance Director Wallin informed Council that the City purchases water from the City of Minneapolis for the Momingside area and for the East side of Beard Avenue from West 54th Street to Fuller Street and both sides of Abbott Place from West 54th Street to Beard Avenue. When the 1996 fees and charges were approved in December, the City of Minneapolis had not determined the rate change from the City of Minneapolis. The City of Minneapolis determined the rate for 1996 to be $1.44 per 100 cubic feet of water. Currently, the City of Edina charges the users of Minneapolis water $1.34 per 100 cubic feet. Director Wallin recommended increasing the rate for Minneapolis water users to $1.44 per cubic feet beginning with winter quarter billings. Member Maetrold moved adoption of Ordinance No. 1996-1, with waiver of Second Reading as follows: ORDINANCE NO. 1996-1 AN ORDINANCE AMENDING SECTION 185 OF THE CITY CODE TO PROVIDE AN ADJUSTED FEE FOR MORNINGSIDE WATER SERVICES THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: follows: SEC. SUBSEC. PURPOSE OF FEEKHARGE AMOUNT FEE NO. 1100 4 100.03 Water service: 2. $1.44 per 4 00 243 Section 1. Schedule A of Section 185 of the City Code is amended to provide an adjusted fee as - Subd. 2 cubic-feet for Morningside area and for east side of Beard Av from West 54th St to Fuller St and both sides of Abbott PI from West 54th St to Beard Av. Section 2. This ordinance shall be in full force and effect upon ATTEST: Page 13 MinuteslEdina City CouncilIJanuaw 16.1996 Motion waiving Second Reading and adopting Ordinance No. 1996-1 seconded by Member Smith. . I Ayes: Maetzold, Paulus, Smith, Kelly Ordinance adopted. UTILITY CAPITAL IMPROVEMENT SCHEDULE - RADIO FREQUENCY METER READINGIMETER REPLACEMENT PROGRAM UPDATE PRESENTED Public Works Director Hoffman explained that in September 1994, the City of Edina reviewed and approved the water rate study. Before the rate study, it was obvious that the current utility rates (1993) would not develop sufficient funds to keep the utility infrastructure in proper repair and allow continued upgrades as technology changes. Council approved the study and an original Utility Capital Improvement Schedule. Staff has updated and submitted the Utility Capital Improvement Schedule for approval. The rate study was based on a required expenditure of approximately $750,000.00 annually on major infrastructure overhauls. However, that cost does not include typical annual operating costs such as expenses from watermain breaks. Director Hoffman stated the major 1996 Utility Capital Improvement expenditures would include the replacement of the sanitary sewer lift station at Metro Boulevard and the first phase of converting our meter reading system to an automatedlradio frequency read system. Costs would come primarily from changing meters ten years old or older, and reequipping each meter with a new reading device. Approximately 4500 meters would be reequipped annually. Following a brief Council discussion, Member Paulus moved reconfirming the Utility Capital Improvement Schedule as presented. Motion seconded by Member Maetzold. Ayes: Maetzold, Paulus, Smith, Kelly Motion camed. .I I *1996/97 LABOR CONTRACT FOR UNION LOCAL 49 APPROVED (PUBLIC WORKS1 Motion made by Member Smith and seconded by Member Maetzold to approve the 1996197 labor contract for Union - Local 49, Public Works. Motion canied on rollcall vote - four ayes. ASSIGNMENT OF SECURITIES IN LIEU OF BOND - FIRST BANK NATIONAL ASSOCIATION Member Maetzold introduced the following resolution and moved its adoption: RESOLUTION APPROVING ASSIGNMENT OF FIRST BANK NATIONAL ASSOCIATION BE IT RESOLVED that the Ci Council of the City of Edina, Minnesota, approves the assignment of its depository, First Bank National Association, of the following securities, as collateral for the City of Edina PUBLIC Funds deposited in said depository: SECURITIES IN LIEU OF BOND - DESCRIPTION - RATE - DUE PAR VALUE US TREASURY 6 % Note 6.500 8/15/97 $3,760,000.00 FEDERAL NATIONAL 6.200 4/25/05 $230,000.00 MORTGAGE ASSOCIATION BOND Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Resolution adopted. Motion seconded by Member Smith. I RESOLUTION ADOPTED APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND - NATIONAL CITY BANK Member Maetzold stated he would not participate in the discussion or vote on the resolution to approve assignment of securities in lieu of bond for National City Bank. Page 14 MinuteslEdina Citv CouncilNanuaw 46, 1996 Member Paulus introduced the following resolution and moved its approval: RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND - NATIONAL CITY BANK BE IT RESOLVED that the City Council of the City of Edina, Minnesota, approves the assignment of its depository, National City Bank, of the following securities, as collateral for the City of Edina Public Funds deposited in said depository: DESCRIPTION - RATE - DUE PAR VALUE US TREASURY 4 114 NOTE 4.250 511 5/96 $500,000.00 Motion seconded by Mayor Pro Tem Kelly. I Rollcall: Ayes: Paulus, Smith, Kelly Abstaining: Maetzold Resolution adopted. CLAIMS PAID Member Maetzold made a motion to approve payment of the following claims as shown in detail on the Check Register dated January IO, 1996, and consisting of 34 pages: General Fund $343,431.21; C.D.B.G. $1,000.00; Communications $7,240.50; Working Capital $1 6,655.55; Art Center $6,443.52; Swimming Pool Fund $4,340.57; Golf Course Fund $40,640.12; Ice Arena Fund $17,711.74; Gun Range Fund $332.69; EdinboroughlCentennial Lakes $33,533.40; Utility Fund $77,591.31; Storm Sewer Utility Fund $4,268.14; Recycling Program $35,814.77; Liquor Dispensary Fund $102,690.1 I; Construction Fund $8,962.58; TOTAL: $700,656.21; and for confirmation of payment of the following claims as shown in detail on the Check Register dated January IO, 1996, and consisting of 8 pages: General Fund $429,718.79; Liquor Dispensary Fund $308,489.1 1; TOTAL $738,207.90. Motion seconded by Member Smith. Rollcall: Ayes: Maetzold, Paulus, Smith, Kelly Motion carried. I There being no further business on the Council Agenda, Mayor Pro tem Kelly declared the meeting adjourned at 9:22 P.M. Page 15