HomeMy WebLinkAbout19981019_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
OCTOBER 19,1998 - EO0 P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Maetzold, and Mayor
Smith. Member Kelly entered the meeting at 710 P.M.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Maetzolld and
seconded by Member Faust to approve and adopt the Consent Agenda as presented.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith
Motion carried.
*MINUTES OF THE REGULAR MEETING OF OCTOBER 5,1998, APPROVED Motion
made by Member Maetzold and seconded by Member Faust approving the Minutes of
the Regular meeting of October 5,1998.
Motion carried on rollcall vote - four ayes.
RESOLUTION OF APPRECIATION PRESENTED TO BELLESON’S AND PERRY
ANDERSON Mayor Smith presented a Resolution of Appreciation to Belleson’s, men’s
clothing store, and to Perry Anderson, the owner at 50& & France in honor of the 50th
Anniversary of their founding.
MEDALS PRESENTED TO EDINA FEDERATED WOMEN’S CLUB Retiring City
Manager Rosland presented Edina insignia medals to members of the Edina Federated
Women’s Club in honor of - ”The Year of the Service Club” in 1998. Barbara Shepard,
Betty Paugh and Barbara McGlathery accepted the medals for the Club.
“VACATION OF PORTION OF WEST 41ST STREET (4026 KIPLING AVENUE)
CONTINUED TO NOVEMBER 2, 1998 Motion made by Member Maetzold and
seconded by Member Faust continuing the Public Hearing considering the Vacation of a
Portion of West 41st Street (4026 Kipling Avenue) to November 2,1998.
Motion carried on rollcall vote - four ayes.
FINAL DEVELOPMENT PLAN APPROVED FOR 7103 AMUNDSON AVENUE
(GEORGE KOSMIDES) Affidavits of Notice were presented, approved and ordered
placed on file.
Presentation by Planner
Planner Larsen informed the Council the subject property is Zoned PID, Planned
Industrial District, and is located at 7103 Amundson Avenue. The site is developed with
an office-warehouse building with a floor area of 51,168 square feet. The Total site area is
149,000 square feet or 3.4 acres and is bounded by commercial uses to the north, industrial
uses to the south, and residential uses to the west. The proponent is seeking Final
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Minutes/Edina Citv Council/October 19,1998
Development Plan approval allowing construction of a second building to be located in an
open area south of Arnundson. The proposed building is 13,688 square feet in floor area
and is suggested as an office building. Office use is permitted use in the PID district. I
The proposal presented at the October 5,1998, Council meeting, required the following
variances: 1) Parking setback from the publicestreet (20 feet is required, 10 feet is provided
on the north side); Landscaping (proposed plan meets requirements if only the new
building were considered. The Ordinance requires the entire site meet requirements or be
granted a variance). The proponent was asked at that meeting to attempt relocation of the
building on the site to bring it more into compliance with ordinance requirements. Planner
Larsen said no new information has been submitted.
Presentation by Architect
Nick Speredies, Architect with Welman, Speredies and Thorsen, showed a plan previously
presented to the Council in 1989, depicting a building of 15,000 square feet with directional
parking and with access from the northeast via a curb cut onto Cahill Road. The plan
presented at the October 5,1998, meeting depicted a building of 13,688 square feet. After
working with Planning staff to improve on the development of the property, the plan now
presented depicts a building of 13,308 square feet with, 1) no access on Cahill Road, and
where the curb cut off hundson Avenue is reoriented back, eliminating the possibility of
crossover turning, and 2) redesigned parking lot providing two directions of traffic with
ninety-degree parking tying to the parking lot to the east building. The proposed building
would be 53 feet wide and constructed of brick, pleasing to the eye of the surrounding
neighbors and is for planned office use. With planned office use, more stringent parking
requirements are necessary than for a warehouse. The new plan depicts a 75 foot setback
hom Cahill Road which is a requirement when commercial developments are adjacent to
residential. The parking setback from the public street variance would still be required
where 20 feet is required and 10 feet is provided on the north side. The plan provides for
enhanced landscaping, The site appears flat, but in reality drops off 4-5 feet from the
northwest to the southeast and would require exiting directly out and on-grade.
Additionally, no access to the building would be allowed on the southside allowing for
more green space. Mr. Speredies noted the proponent has met with the neighbors who
have had questions, but no negative comments regarding the proposed development.
Council comment
Mayor Smith asked clarification of what was requested. Mr. Speredies said a variance is
still- being requested for the rear yard setback. Mayor Smith inquired whether the neighbor
to the south was notified. Mr. Speredies said the southerly neighbor had not been
contacted. Mayor Smith asked how parking for the new building is tied in with the other
property running north and south. Mr. Speredies said the property was considered as one
large piece of property. Calculations were done on building area and building use by
square foot to get to the overall parking need. Mayor Smith asked if the buildings are tied
together. Mr. Speredies responded the buildings are not but the parking lots are. Mayor
Smith asked what would happen if the building(s) were sold. Mr. Speredies said selling is
not intended, however, the owner would provide cross-easements allowing access to the
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MinutesBdina CiW CounciVOctober 19,1998
site. Mr. Kosmides agreed the cross-easements could be made a part of approval of the
final development plan. Mayor Smith, because of his absence at the October 5, 1998,
meeting, deferred the discussion to Mayor Pro-tern Maetzold.
Mayor Pro-tem Maetzold pointed out the main issue was the setback from Amundson
Avenue. The Planning Cornmission approved a 20 foot setback. If a vote had been taken
on October 5,1998, the vote would have been split. The Council asked the proponent to
return with another proposal for the site. He suggested consideration of a 15 foot setback
on the south and a 15 foot setback on the north as a compromise. Mr. Speredies said the
original design submittal had a fully-developed landscape plan showing additional
landscaping along Amundson as well as Cahill with trees along the south. Mayor Pro-tem
Maetzold asked if landscaping could be accomplished within the 9 feet. Mr. Speredies said
it would be very difficult.
Member Faust said upon examination of the area, one apartment building is angled
creating a full view of the building. She inquired whether pine trees could be planted
rather than deciduous trees in the southwest corner of the site. Mr. Speredies believes the
two large caliper deciduous trees could be replaced with coniferous trees. Member Faust
asked if the two trees could be increased to three. Mr. Speredies said as long as the number
of caliper inches for the landscaping is met, they would be willing to plant anything.
Member Hovland said he has a penchant for conifers and asked if they could be placed on
the Cahill side of the site. Mr. Speredies said he would be willing to revisit the landscape
plan. Member Hovland asked for a description of the proposed building. Mr. Speredies
explained two sides would be constructed of brick and covered with canopies and the two
back-sides would be concrete block or something compatible with the neighborhood.
Mayor Smith said it is not up to the City to provide the highest and best use of a site.
Variances are granted if a hardship is proven, but none seems to exist. He said any amount
of beefed-up plantings along Cahill would be positive. Mayor Smith.inquired whether
staff would agree to cross-easements for parking being placed on the site. Planner Larsen
said staff is familiar with cross-easements and any building permit being applied for
would be thoroughly examined. Mayor Smith inquired if the use of the building changed,
what would happen. Planner Larsen if building use were changed to retail, it would
require a rezoning petition that would need to come before the Council for approval.
Mayor Smith made a motion approving the revised Final Development Plan for ,7103
Amundson Avenue conditioned upon 1) a 5 foot variance on the north, 2) a 5 foot
variance on the south, 3) cross-easements for parking, and 4) additional coniferous
pIantings on CahiII Road in the southwest corner of the site. Member Hovland seconded
the motion.
Mayor Pro-tem Maetzold inquired if there would be a problem if the motion approving
the Final Development Plan for 7103 Amundson Avenue were changed. Acting Manager
Hughes commented that the Council is within their latitude to make changes to an
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Minutes/Edina Citv CounciVOctober 19,1998
approved Final Development Plan. The Ordinance permits granting variances in
connection with approving the Final Development Plan.
Member Kelly said he has a problem approving new construction on undeveloped land
with a variance and believes new construction should be able to be developed on the site.
without requesting variance. He believes the building is too big for the site and should be
reduced
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Mayor Smith said he is familiar with the neighborhood and if the whole area could be
redesigned, he would make a number of changes. He believes a 5 foot variance will not
make a difference in the neighborhood.
Member Faust said she does not like variances, but upon examination, a 53 foot building
for offices is almost at the minimurn depth possible, and should be a desirable property to
rent.
Mayor Pro-tem Maetzold asked for audience comments. None were heard.
Member Hovland stated he wanted to make sure lighting on the site would be acceptable
and that it would be downcast.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith
Nays: Kelly
Motion carried.
RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR 7450 FRANCE
AVENUE SOUTH (PARKLAWN PARTNERS) Affidavits of Notice were presented,
approved and ordered placed on file.
Presentation by Planner
Planner Larsen said the subject property is located in the southwest quadrant of France
and Parklawn Avenues. The property is zoned POD-1. Planned Office district. The
Planning Commission, on July 29,1998, recommended approval of a Final Development
Plan allowing the construction of a new 29,000 square foot office building on the property.
The Council approved the plan on August 17,1998. Planner Larsen explained the property
owner is now requesting a subdivision which would create a separate parcel for the
proposed new building to facilitate financing for the building. The proposed building and
the existing building will share parking via cross easements over all areas except for the
parking on the France Avenue side of the existing building. There is ample parking on-site
to support both buildings. The subdivision does not alter the plans approved for the new
building because its main purpose is to facilitate financing and possibly separate
ownership. The cross easements would survive separate ownership of the buildings. The
Planning Commission recommended preliminary plat approval subject to the cross-
easement agreement being attached to the deed for each building. Staff recommends
approval of the proposed subdivision. .
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MinutesEdina Citv CounciVOctober 19,1998
Council comment
Member Faust asked if the cross-easements have been placed on the deed. Planner Larsen
said this had been accomplished. Member Faust inquired if there is adequate parking.
Planner Larsen said yes, the figures have been based on a 100% medical office use which is
a higher parking demand.
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Mayor Smith noted the Planning Department received two letters voicing concerns with,
1) being scared to walk to France Avenue because of no sidewalks, and 2) additional
building creates more traffic and the area cannot handle any more traffic. Planner Larsen
said he had communicated with the author of the letter regarding sidewalks and explained
that construction would include sidewalks from their west property line (at Gallagher) to
France Avenue along Parklawn on the south side which would complete the sidewalk link
at their cost. He noted the letter regarding traffic was not timely as the building was
approved in August.
Member Hovland asked for more information on the schedule for commencing
construction. Pat Giordona, Architect representing Parklawn Partners, said
groundbreaking is scheduled for November 1,1998. Whether the grading or paving can be
completed depends on the weather and would be completed in the spring. The building is
supposed to be completed by June 1,1999.
Mayor Smith asked for coments from the audience. No comments were heard.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
REGISTERED LAND SURVEY entitled, RLS NO. 1129, platted by PARKLAWN
PARTNERS LLC hereby granted preliminary plat approval conditioned upon cross-
easement agreements being attached to the deed for each building. Member Maetzold
seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
ZONING BOARD OF APPEALS AND ADJUSTMENTS DECISION REVERSED - 5
CIRCLE EAST (BRIAN AND ANGELINA LAWTON) Associate Planner Aaker
explained the subject property at 5 Circle East is located on the west side of Circle East and
consists of a single dwelling unit with an in-ground swimming pool. The proponents,
Brian and Angelina Lawton are proposing to demolish the existing home and pool and
replace it with a larger home with an in-ground pool.
On September 17, 1998, the Zoning Board of Appeals heard the request of Brian and
Angelina Lawton for a frontyard setback variance to allow a frontyard setback of 70 feet
for a new home to be located at 5 Circle East. The established average frontyard setback
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Minutes/Edina CiW CounciVOctober 19,1998
must be maintained for any new home built along the same side of a block between
intersections. The established average along the 5 Circle East block as determined by City
staff included those homes with a Circle East address. Staff included 1,3,5, and 7 Circle
East to establish an average frontyard setback of 83 feet for the proposed project. Jeffry
Tritch, residential designer with L.Cramer Designers and Builders, who is working with
the proponents questioned whether 2 Circle West should be included in the established
average. The home at 2 Circle West is the southern most property fronting both on Circle
East and Circle West. The front door, garage doors and address monuments of 2 Circle
West face Circle East. Inclusion of 2 Circle West in the average frontyard setback for 5
Circle East establishes a frontyard setback for requirement of 74.9 feet.
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Upon review of the request the Zoning Board of Appeals determined that 2 Circle West
should be included, resulting in a required frontyard setback of 74.9 feet. The Zoning
Board asked if the proponents would modify their plans to comply with a setback of 74.9
feet, thus avoiding a variance of any kind. The proponent’s withdrew their variance
request to allow a 70 foot frontyard setback and agreed to comply with the Board
determined setback of 74.9 feet.
Associate Planner Aaker said a number of neighbors opposed the original variance request
and consequently oppose the Zoning Board‘s decision establishing an average frontyard
setback of 74.9 feet for 5 Circle East. Associate Planner Aaker presented photographs of
homes at 1,3,5 and 7 Circle East and views of 2 Circle West from both Circle West and
Circle East.
Three neighbors are appealing the Zoning Board of Appeals determination of a 74.9 foot
frontyard setback for 5 Circle East.
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Council comment
Member Kelly inquired whether a sideyard variance was approved for 2 Circle West along
Circle East. Associate Planner Aaker said a variance was granted for 2 Circle West in 1986
to allow expansion along the Circle East frontage and added that on a corner lot, if a home
is fronting a side street, a frontyard setback must be maintained along the side street. The
property would be subjected to a frontyard setback along their side street. If no homes
existed on Circle East, the setback for 2 Circle West would have been 20 feet for a garage
and 15 feet for living space. At the time they were subjected to a 80 foot frontyard setback
or side street because they were addressing off Circle West. Member Kelly asked if by
adding to their home, did the home on Circle West become a different address and have
they asked for an address change. Associate Planner Aaker said the home’s address
remains the same and no change has been requested.
Member Maetzold said a variance was granted on Circle West for setback from Circle East.
Is there any history of why this was granted. Associate Planner Aaker said examining the
file information, to attempt imposing an 80 foot setback the home could never have been
expanded in a logical way. The minutes had a comment that the distance between the new
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MinutdsBdina City CounciVOctober 19,1998
addition and the other home along Circle East is large and has a lot of vegetation between
the two lots.
Member Faust said granting the variance in 1986 was alright, when the lots were so I
visually separated but now, developers are trying to use Circle West standards applied in
1986 to develop a standard for Circle East.
Member Hovland asked why 2 Circle West was not included originally. Associate Planner
Aaker said this situation is unique and after further examination she decided it should be a
decision of the Board of Appeals.
Appealing; parties comments
Rob Davidson, 6 Circle East, presented a petition dated October 19,1998, from residents of
Hilldale objecting to the methods used in the calculation of front yard setbacks for the
proposed new home to be constructed at 5 Circle East. They appeared at the Board of
Appeals meeting on September, 17,1998, and objected to the variance request for 5 Circle
East proposed construction. They presented a petition signed by 15 neighbors opposing
that request. The Board of Appeals denied the request and recalculated the request based
upon the inclusion of 2 Circle West. The applicant wants to include 2 Circle West address
to get a larger back yard and closer to the street.
Mr. Davidson projected a map depicting the block as a whole showing 5 Circle East
currently has a 86 foot setback. Setbacks range from 97 feet to 64 foot setbacks for the
adjoining lots. The position of a large majority of the neighbors indicates strong opposition
to inclusion of 2 Circle West in the calculations. 2 Circle West was constructed with a
Circle West address and based upon Circle West setbacks and had little to do with Circle
East. The addition completed in the '80s permitted a 46 foot setback from Circle East
because of distance from the neighbors to the south and north and great vegetation. The
Board of appeals elected to include 2 Circle West in the calculations. The neighbors do not
believe the property has anything to do with the symmetry created by the four houses of 1,
3,5, and 7 Circle East. Mr. Davidson said further examination should be done on where
the intersection ends in the area as well. He concluded the neighbors would like to
maintain the symmetry of the neighborhood and adhere to the 83 foot setback.
Kent Bank, 7 Circle East, stated he would have signed the original letter but was
unavailable to do so. He asked where Circle East begin, where does Division continue,
where does Cooper go. The home has always been a Circle West address. When entering
the neighborhood four houses are seen and he requested maintaining the visual setback
situation as it exists. Mr. Bank noted neighbors are not contesting the construction or
architecture, only the setbacks. He pointed out it seems the variance approved in 1986 is
corning back to haunt everyone now.
Peter Beck, attorney, said he submitted a letter to the Council on behalf his clients, the
Lawtons. At present, there is no request in front of the Council for a variance. They made a
variance request for 70 feet frontyard setback which they withdrew and agreed to comply
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Minutes/Edina City CounciVOctober 19,’1998
with the Board of Appeals determination of the established setback. In Mr. Beck’s opinion,
the issue is, what is the established setback and which direction 2 Circle West fronts. Mr.
Beck said he believes requiring a front yard setback on a corner lot is an indication that the
property should be averaged in when calculations are being done. What is being talked
about is an 8 foot difference and which has a substantial impact on the home’s design. The
proposed home would be constructed approximately 65 feet from the home on the south
to 118 feet from the home on the north. Any impact relating to the 8 feet would be much
less than what they will be to the proposed home on 5 Circle East because of the depth of
the back yard. Mr. Beck said if the Circle East side of the home on Circle West is the front,
the established setback is 74.9 feet as determined by the Board of Appeals. The Lawton’s
position is that the front of the house is on Circle East.
Mayor Smith inquired when present setbacks are not used. Associate Planner Aaker said
when the home is removed. If the house is existing it is part of the average. Mayor Smith
asked why the proponents are not required to stay at 86 feet. Associate Planner Aaker
states that any addition or relocated or built home must maintain the average. The existing
86 foot setback is deeper than the average allowing the proponent to build 3 feet from the
existing home, according to the average. If the existing home is removed, the average is
reduced by getting closer to the front yard. Leaving the home there, makes the average
deeper. Mayor Smith clarified that we are not in a variance situation but in an ordinance
situation about how to calculate setbacks and the ordinance does not address the need or
backyard depths. Mayor Smith said if 2 Circle West is left out of the calculation the setback
is 83 feet.
Member Hovland read a definition of intersection from MN Stat tj 169.01, subd. 36(a) and
asked for Attorney Gilligan’s interpretation. Attorney Gilligan said a determination needs
to be made where the intersection is then where the frontage is between those two
intersections. Member Hovland said this is not a simple problem and anyone asked could
have an opinion of where the intersections are located.
Member Faust noted that the 2 Circle West home is literally across the skeet from a home
whose address is 15 Cooper Avenue. Saying the house is at Circle West when it is directly
across from Cooper Avenue does not make sense. Attorney Gilligan said a determination
needs to be made where the intersections are and which homes front between those two
intersections. Member Faust said it seem that it would be Cooper or Circle West and not
Circle East.
Mayor Smith noted finding a logical solution is difficult. This is a desirable piece of
property and he inquired what the next step should be.
Attorney Gilligan said if it is desired, 1) a motion would need to be made to overturn the
decision of the Board of Review with a majority vote, 2) a determination needs to be made
interpreting the ordinance how to determine the average setback, and 3) determination of
the location of the intersection. If Circle West is not included, the average setback is 83 feet.
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MinutesBdina City CounciIjOctober 19,1998
Mayor Smith said not to include houses addressed on Circle West. Attorney Gilligan said
or a determination made on the intersection termination. I
Member Kelly said if Mr. Beck is looking for an interpretation the original neighborhood
should be studied. It is clear to him that 2 Circle West should be 2 Circle West and that is
the way the area was planned. The question is if someone adds on to a house can change
what was originally interpreted. He does not believe this is the right way to look at this.
The lot could be the shortest in the back but it is the widest lot on the block. He suggested
the developer look at the lot side to side rather than front to back for the proposed
residence. Member Kelly believes this does not need to be interpreted and would be
inconsistent with the ordinance as drafted and applied.
Member Maetzold said he would support a motion to overturn the decision of the Board
of Appeal that Circle West not be included in the calculation. With granting the variance a
few years ago to Circle West, the decision was based on the fact it was not part of the four
parcels on Circle East. He views Circle East as ending at the south boundary of 1 Circle
West and Cooper begins at that point.
Member Hovland asked if the Zoning Board erred in establishing a setback of 74.9 feet. He
concluded he believes they did err and he believes the setback should be 83 feet. A variety
of different interpretations can be given to the word intersection. Under the Ordinance,
Mr. Beck believes it goes from one corner to the next and could be interpreted several
other ways. He welcomed the Lawton’s to Edina but in his opinion told them they would
have to live with an 83 foot setback.
Proponent - comment:
Brian Lawton, purchaser of property at 5 Circle West, clarified he and his wife had
withdrawn the& variance request after listening to the interpretation and have tried to
move forward with his home plans. He asked the Council to reconsider the average
setback for the home to be figured with the existing home demolished.
Associate Planner Aaker said removal of 5 Circle East at 86.4 feet would include 1,3, and 7
Circle East in the calculation which 1 is at 83.8, 3 Circle East is at 97 and 7 Circle East at
64.9 giving 81.93 feet as opposed to the 83 foot setback.
Member Faust made a motion overturning the decision of the Zoning Board of Appeals
excluding 2 Circle West from the calculation and remove the existing residence at 5
Circle East from the calculations, ask staff to prepare Findings of Fact and Conclusions
of Law to be before the Council on November 2,1998, for approval. Member Maetzold
seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*BID REJECTED FOR SUCTION SWEEPER - PUBLIC WORKS, CONTINUED FROM
OCTOBER 5,1998 Motion made by Member Maetzold and seconded by Member Faust
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Minutes/Edina Citv CounciVOctober 19,1998
approving rejection of bid for suction sweeper for public works continued from
October 5,1998, and to be rebid in Spring, 1999. m Motion carried on rollcall vote - four ayes.
*AWARD OF BID FOR BRAEMAR GOLF COURSE SHELTER BUILDING Motion
made by Member Maetzold and seconded by Member Faust approving the Braemar
Golf Course Shelter Building to Ebert Construction at $63,747.00.
Motion carried on rollcall vote - four ayes.
TRAFFIC SAFETY REPORT OF OCTOBER 6,1998, SECTION A, SECTION B. 1-5 AND
7 AND SECTION C. APPROVED; AND SECTION B.6 AMENDED Assistant Engineer
Houle explained residents requested STOP signs on West 58th Street at Philbrook Lane,
Halifax Avenue and/or mid-park (ne= the teiuus courts on the north end of Pamela Park).
The request comes in the form of a petition signed by 32 residents and further requests
additional Police surveillance and speed control on W. 58th Street between France Avenue
and Concord Avenue. The request contends traffic flow has increased and West 58th Street
is being used as a thoroughfare. The requested STOP signs would be used as interruptions
and petitioners feel if this is not initiated, accidents will increase and people will be
injured.
West 58th Street is a collector street with no sidewalks. There is one 4-way STOP on West
58th Street at Wooddale and signal lights at France Avenue. The two intersections in
question are "T" type intersections with a light traffic on Philbrook Lane and Halifax
Avenue, and with no observable problems entering West 58th Street. I
There has been one reportable accident in the area since 1991 for the stretch between
France and Concord on West 58th Street. The accident was a one-car accident where the
driver exited a car without putting it in park cand it continued down the street hitting a fire
hydrant. France Avenue and Wooddale intersections with West 58th Street have
experienced accidents but have controls in place.
Traffic counts and speed surveys were completed in July, 1998. The traffic count showed a
Monday through Friday daily average of 2,608 vehicles. Traffic counts from 1996 showed
2,000 vehicles indicating an increase of around 600 vehicles per day.
The speed survey indicated higher than normal residential speed for West 58th Street. The
85 percentile speed was 38.5 MPH in the posted 30 MPH zone. Of the 16,295 vehicles
surveyed, 70% or 13,036 vehicles were over 30 mph. 5% of 983 vehicles were over 40 MPH.
The speed display trailer has been on West 58th Street five tirnes within the past year.
Assistant Engineer Houle said upon staff review, they recommended denial of STOP signs
for lack of warrants. The street is identified in the comprehensive sidewalk plan from 1980
and is included in the current proposed plan. Residents would still need to petition for
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MinutesBdina City CounciVOctober 19,1998
these sidewalks. The Police Department will be asked to step up their enforcement on 58th
Street.
Kent Oachs, 3736 West 58th Street noted he never sees Police cars in the area and the
reported median speed of 38.5 means some cars must be going 50 MPH for the median
speed to be that high.
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Following a brief Council discussion, Member Faust made a motion reversing the Traffic
Safety Committee recommendation denying installation of a STOP sign on West 5Sth
Street at Philbrook Lane, Halifax Avenue and/or mid-park (near the tennis courts on the
north end of Pamela Park) and approving installation of a STOP sign on Philbrook Lane
at West 58th Street. Member Hovland seconded the motion.
Acting City Manager Hughes suggested staff study the area and make a decision where
the STOP sign would be the most effective, geometrically. Member Kelly he personally
knows STOP signs do not slow traffic. After installation of the STOP his street, West Shore
Drive, speeds have not slowed. Acting City Manager Hughes further suggested the area
be studied before the STOP sign is installed and after installation.
Member Faust amended the motion approving installation of a STOP sign in the
Philbrook Lanewest 58th Street area the geometric location to be decided upon after a
staff study. Member Hovland seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried. I
Member Faust made a motion approving Section A for:
1. Installation of the "No U-turn" signs on the east end of the Valley View Road
overpass at Highway 169;
2. Banning parking on the Merlin cul-de-sac at all times;
3. Banning parking on the west side of Lincoln Drive per owner's request; and
4. Recommend traffic control changes as follows:
A. Removal of southbound Brittany Road at Danbury Road (old West 6gth
B. Install STOP sign for eastbound West 69th Street at Brittany Road, and
C. Install "No Parking Any Time" signs on the north side of the new West
69th Street between Brittany Road and Normandale East Frontage Road;
and Section B. 1 through 5 and 7, and Section C. Member Maetzold seconded the motion.
Street),
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
NEW WINE AND BEER LICENSE APPROVED - VIP RESTAURANT, INC. (COATI'S
RESTAURANT) Acting City Manager Hughes explained City Code, Section 900 requires
Council approval of wine and beer licenses before issuance. The Police Department
completed their investigation and recommends the applicant, VIP Restaurant, Inc.,
d.b.a./Ciatti's, located at 3220 Galleria be approved for licensing. All necessary
documentation for liquor licenses have been filed.
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Minutes/Edina CiW Council/October 19,1998
Member Hovland made a motion approving issuance of on-sale wine and 3.2 beer
licenses to VIP Restaurants, Inc., d.b.a./Ciatti's, located at 3220 Galleria. Member
Maetzold seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
MODIFICATION OF CONSERVATION EASEMENT 6001 AND 6005 PINE GROVE
ROAD AND ACCEPTANCE OF LAND DONATION In approximately 1985, the
Carsons (6001 Pine Grove Road) donated lCmd to the City for open space purposes. In
1996, the City accepted a Conservation Easement in favor of the Minnesota Land Trust
over the Carson property. The proposed amendment to the easement would add the Bonn
property to the Land Trust Easement.
Member Faust made a motion to amend the existing Carson Property Conservation
Easement and authorize the Mayor and City Manager to execute all necessary
documents as follows:
AMENDMENT TO CONSERVATION EASEMENT
THIS AMENDMENT is entered into this 19'h day of October, 1998, by and between the
City of Edina, whose address is 4801 West 50th Street, Edina, MN 55424-1394 ("Owner"),
and the Minnesota Land Trust, a Minnesota nonprofit corporation having its principal
offices in Minneapolis, Minnesota ("Trust").
WITNESSETH
A. Owner is the fee owner of land described on Exhibit A, which land is located in
I
Hennepin County, Minnesota ("Protected Land"):
B. Owner and the Trust entered into a conservation easement affecting the Protected
Land, which easement was dated March 8,1996, and filed with the Hennepin County
Recorder on March 20,1996, as Document No. 6557132 ("Conservation Easement").
C. Owner has requested a modification to the Easement to add additional land,
consisting of approximately one acre of semi-wooded open space adjacent to the
Protected Land. The Trust has considered Owners' request according to the terms of
its Policy on Amending conservation Easements dated August 19,1992, and finds
that the requested modification set forth in this Amendment (i) is not inconsistent
with the terms and intent expressed in the Conservation Easement, (ii) does not
substantially impair or adversely affect the character or the nature and scenic
qualities of the Protected Land, and (iii) adds to the protections established in the
Conservation Easement.
NOW, THEREFORE, in consideration of their mutual covenants, Owners and Trust
agree to amend the Conservation Easement as follows:
1. Paragraph A on page one is hereby amended to change the acreage to 4.5 acres.
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MinutesBdina Citv Council/October 19,1998
2. Exhibit A, the Legal Description for the Protected Land, is hereby amended to add
the following:
(the ”Additional Land”).
That part of the Northwest Quarter of the Northwest Quarter of Section 32,
Township 117, Range 21, Hennepin County, Minnesota, described as
follows:
Beginning at the southeast corner of IDYLWOOD THIRD ADDITION,
according to the recorded plat thereof; thence on an assumed bearing of
East, along the north line of IDYLWOOD SECOND ADDITION,
according to the recorded plat thereof, a distance of 187.10 feet to the west
line of CARSON’S HILL; thence North 0 degrees 21 minutes 55 seconds
East, along said west line, a distance of 224.03 feet; thence North 89 degrees
02 minutes 12 seconds West, a distance of 57.66 feet; thence South 0
degrees 57 minutes 48 seconds West, a distance of 62.00 feet; thence North
89 degrees 02 minutes 12 seconds west, a distance of 26.00 feet; thence
North 10 degrees 02 minutes 12 seconds West, a distance of 72.00 feet;
thence North 82 degrees 02 minutes 12 seconds West, a distance of 90.14
feet to the east line of said IDYLWOOD THIRD ADDITION; thence South
0 degrees 28 minutes 05 seconds West, along said east line, a distance of
246.84 feet to the point of beginning.
3. The Property Report recited in the Conservation Easement shall be amended to add
appropriate references to the Additional Land, Including its current use,
maintenance, etc.
4. Paragraph 11, on page 3 is hereby amended to allow Owner to maintain the
vegetation of those portions of the Additional Land which are adjacent to privately
owned property in a more controlled manner, such as by more frequent and
substantial mowing, pruning, brush removal, etc.
5. Except as amended herein, the terms and conditions of the Conservation Easement
shall remain in full force and effect.”
Member Hovland seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
Coincidentally, the City received an offer recently to donate a small piece of property
between West Highwood Drive and the Bonn property at 6005 Pine Grove Road. Control
of this property would allow access to the Bonn property to perform necessary
maintenance activities.
Member Maetzold made a motion accepting the property located between Highwood
Drive and the Bonn Property at 6005 Pine Grove Road as described as the South 125 feet
of Lot 1, Block 1, IDYLWOOD 3RD ADDITION. Member Faust seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
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MinutesDdina Citv CounciVOctober 19,1998
Motion carried. I *PETITION RECEIVED REOUESTING SIDEWALKS ON THE WEST SIDE OF
STUART AVENUE NEAR COUNTRYSIDE SCHOOL Motion made by Member
Maetzold and seconded by Member Faust acknowledging receipt of a petition from
residents surrounding Countryside Elementary School requesting installation of
sidewalks on the west side of Stuart Avenue which has been turned over to the
Engineering Department for processing as to feasibility.
Motion carried on rollcall vote - four ayes.
Leffert Tigelaar submitted a letter citing limitations of the petition.
acknowledged receipt of Mr. Tigelaar’s letter and referred it to Engineering for review.
Mayor Smith
*PETITION RECEIVED REQUESTING SIDEWALKS AT VARIOUS LOCATIONS IN
THE CORNELIA ELEMENTARY SCHOOL. AREA Motion made by Member Maetzold
and seconded by Member Faust acknowledging receipt of a petition requesting
sidewalks in various locations in the Cornelia Elementary School area which has been
turned over to the Engineering Department for processing as to feasibility.
Motion carried on rollcall vote - four ayes.
RESIDENT EXPRESSES CONCERN WITH UNLEASHED DOGS Nancy Kosteliz, 4809
Rutledge Avenue voiced concern with neighbors not complying with Ordinances
governing leash laws for animals in her area. Ms. Kosteliz elaborated she has spoken to the
offenders, dealt with the police, but said the law does nothing to protect her. I
Acting City Manager Hughes said Prosecuting Attorney Halberg has charged the
offending neighbors previously with violations. He noted that staff would study the
concern and contact Ms. Kosteliz.
RESIDENTS EXPRESS CONCERN WITH STORM SEWER IMPROVEMENTS Gordon
Johnson, 6409 Doron Lane, and speaking for neighbor Betty Pollitt, 6412 Limerick Lane,
expressed dismay with the storm sewer improvements being done in their neighborhood.
Mr. Johnson said his understanding of the work proposed was must less ominous than
what is actual. He requested restoration of the area as had been originally proposed.
Assistant Engineer Houle stated he would speak with Engineer Hoffman regarding the
seemingly major landscaping problem in the area. He noted communication needs to be
better between the neighbors and the City i& the future and the site would be exarnined
and brought into compliance with the plan as proposed.
FIRE CHIEF RETIREMENT NOTED Acting City Manager Hughes noted Fire Chief Ted
Paulfranz submitted his retirement, effective October 30, 1998. He explained that the
search for a new chief is underway. I
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MinutesEdina Citv Council/October 19,1998
*HEARING FOR WALKER METHODIST SENIOR SERVICES OBLIGATED GROUP
BONDS REFUNDING CONTINUED TO NOVEMBER 2, 1998 Motion made by
Member Maetzold and seconded by Member Faust continuing the hearing for Walker
Methodist Senior Services Obligated Group Bonds Refunding to November 2,1998.
Motion carried on rollcall vote - four ayes.
CLAIMS PAID Member Maetzold made a motion to approve payment of the following
claims as shown in detail on the Check Register dated October 14,1998, and consisting
of 31 pages: General Fund $506,797.30; C.D.B.G. $1,235.40; Communications $8,766.33;
Working Capital $14,672.01; Art Center $8,600.40; Golf Dome Fund $305.49; Swimming
Pool Fund $3,331.43; Golf Course Fund $37,689.90; Ice Arena Fund $18,248.83;
Edinborough/Centennial Lakes $13,800.99; Utility Fund $161,296.11; Storm Sewer Utility
Fund $8,382.40; Recycling Program $33,101.17; Liquor Dispensary Fund $233,955.11;
Construction Fund $140,312.24; Park Bond Fund $2,646.62; 1-494 Commission $4,409.77;
TOTAL: $1,197,551.50; and for confirmation of payment of the following claims as
shown in detail on Check Register dated October 5, 1998, and consisting of 3 pages:
General Fund $532,524.55; Utility Fund $2,623.20; Liquor Dispensary Fund $76,186.45; I-
494 Commission $10,171.46; TOTAL $621,505.67.Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Smith declared the
meeting adjourned at 10:56 P.M.
I Cityclerk
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