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HomeMy WebLinkAbout19800121_regularMINUTES 011' TIlB REGULAR PIEETING OF THE EDINA CI%Y COUNClL HELD AT CITY HALL JASUARY 21, 1980 271-A . -I Answering rollcall were members Bredesen , Richards , Schmidt and Mayor Van Valken- burg. Present also was Mrs. Helen NcClelland of the Community Development and Planning Commission and Mrs. Leslie Turner of the Human Relations Commission. MINUTES of January 7, 1980, were approved as submitted by motion of Councilwoman Schmidt , seconded by Councilman Bredesen. Ayes : Bredesen, Richards, S'chmidt , Van Valkenburg Nays: None Motion carried. CARL G. WESTERRERG RESOLUTION OF CONDOLENCE ADOPTED. ing resolution of Condolence for former Council President, Carl G. Westerberg, which resolution was unanimously adopted: The Mayor read the follow- RESOLUTION OF CONDOLENCE CARL G. WESTERBERG WHEREAS, Carl G. Westerberg served as President of the Edina Village Council from January 1, 1940, to December 31, 1941; and WHEREAS, during the years that Carl G. Westerberg served on the Village Council, the foundation was laid for the future development of the Village; and WHEEEAS, Carl G. Westerberg passed away on January 19, 1980, in Phoenix, Arizona, at the age of 86; and WHEREAS, Carl G. Westerberg is remembered fondly as a man with great civic interests and of outs tanding abilities ; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby extend its heartfelt sympathy to the family of CARL G. WESTERBERG AND BE IT FURTHER RESOLmD that a copy of this resolution be made a part of the >EnUtes of the City of Edina and that an appropriate copy be presented to his family . I\. r r a e e CROSSROADS DEVELOPMENT ZONING CHANGE CONTINUED TO FEBRUARY 25, 1980. Affidavits of Notice were presented by the Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition of Crossroads Development for a zoning change from R-1 Residential District to PRD-3 Planned Residential District for the construction of moderate and 10.w income housing for property located generally South of 14. 70th Street, West of Cahill Road and Southeast of Cahill Elementary School. He explained that the Froponents have received preliminary approval and. a funding comdtment fron the Department of Housing and Urban Development for 64 townhouse units on this eight acre site and recalled that open space had been dedicated by the property owners two or three years ago. 14r. Hughes also recalled that on Movember 19, 1979, the Council had taken action which would exempt Cross- roads Development from the moratoriGm on all low and moderate income housing pro- jects, inasmuch as the application for rezoning had been made before the morator- ium was adopted. He recalled also that the 1976 preliminary approval granted for PRD-3 zoning for 60 units for the subject property and 18 miits proposed for a parcel to the North (which is riot included in the present propos.al) was never returned to Council for final approval. Mr. Hughes explained that the 64 town- house units now propose6 wo-uld be rented and operated under Section 8 New Construction Program of thr; Department .of Housing and Urban Development and that renters would pay, no more than 25% of their income for rent for the units which range in size from one to three bedrooms. He advised that the Community Develop- ment and Planning Commission had recommended preliminary approval of the proposed development, sEbject to an increase in parking from .8 enclosed parking stalls per unit. Ilr. Esnry Hyatt, representing the developer, introduced Messrs. Wm. Erosman of Northland Mortgage Company, Jack Buxell of Robert Engstrom & Associates, Gerald Kimnier, Vice President of Realty Services Management and Robert Davidson, attorney. Mr. Hyatt described the surrounding area, advising that soil conditions are satis- factory, that utilities 5re in fhe streets azd that they would be requesting the vacation of Aiiundson Ave. lie referred to the amenities on and nearby the site, pointing out that the Cahill Shopping Center, bus transportation, j ob opportun- ities, open space, a day care center, schools and a health clu5 all contributed to making the site acceptable for this type cf housing. visions have been made for adequate cn-site parking with 2.2 spaces per dwelling unit, although actual usage would probably be no more than .9 spaces. Responding to questions of Councilman J.?ichards, Mr. Hyatt said that if they have one enclosed parking space per unit, other amenitfes would have to suffer and that it would be a "development trade-off". Councilwoman Schinidt pointed out that garages are more than an amenity in lttnnesota. tion and shopping iacilit-ies and was told that three expresses busses run to the Miiineapolis loop in the riiorning and in the evening. Responding to CounciJ.'s questions Mr. Hyatt said that pro- The Mayor reiterated his concern about transporta- 1/21/80 212 as to idiether 'residents would be able to afford the cost of the health c.Liib and the superette, PIr. Hyatt said that Qiis will be ad economically and socially inte- grated developmcnt and that occupants will not be the %os t disadvantaged people". lle passedsout data on car ownership wliicli, he said, indicated that occupants will not be dependent on public transportation. people with limited economic means should not live in a location where they cannot take advantage of their limited economic means. of the Council, Pfr. Hyatt agreed that the lack of transportation is a fault of the site, but said that H.U.D. does not want any additional assistance housing in the Southeast corner of Edina and that he could not find any other suitabls site in Edina for his project. Nr. Hyatt eqlained that incoiiie limits for Section 8 Housing had been adjusted so that a single person would not have an income in excess of $12,000, with the scale increasing to $19,000 for a family of six. He added that the 4s two bedroom units would rent for $438.00 and the 14 three bedroom units would rent for S4S0.00 for non-assistance tenants and that it will be an economically and socially integrated development that will avoid any stere- otypes. Mayor Van Valkenburg ref erred to letters opposing the development which had been received from Nessrs. Richard Leonard, L. P. Youngblood, R. I. Giertsen, Nr. and Mrs. R. L. Pierce, Nr. and Mrs. R. Laurence Johnson, Ms. Ann $1. Ryden and Dr. and Mrs. John T. Beecher. These letters contended that the proposed housing would decrease the property values of surrounding properties, the like- lihood of vandalism niight be increased, people living in the area will be tran- sient with less long term commitment to care for the park and general area, that there is no adequate transportation or shopping facilities and the area is apt to deteriorate rapidly. A letter was also noted from the Richard Westphal family which stated that they had no objections to the project. 7117 Lanham Lane, said that he was Chairman of the Lewis Park Neighborhood Asso- ciation which had ob jectad' to the proposal on reasons that "are not people related". He said that the land would be difficult and expensive to develop because of the woody, hilly and swampy terrain and that the exterior would require substantial maintenance. He added that Mr. Hyatt is proposing the barest minimum as to construction and pointed out that the architect is not registered by the IEnne- sota State Architectural Board. He also read 'a letter from the Ninnesota Housing & Finance Association dated Pfarch 25, 1979, in which financing was denied because .of "the physical characteristics of the site and the expensive site develop- zent costs projected. In addition, the proposed number of units and density exceed current program parameters .'r variances" which already exist in the Southwest Edina Plan. residents in the Southwest Edina area work with City officials to develop. a comprehensive, long range plan which would encompass low and moderate income housing. League of Women Voters, Nrs. Cindy Clianiberlin, President, restated the League's support of the Council's attempt to meet the requirements of low and moderate income housing in Edina. Speaking also as members of the Edina League of Women Voters were Mrs. Louise Mathies and Mrs. Donna Scudder, Chairman of the Housing Committee. Mr. Howard Hozak of Braemar Oaks Apartments said that the bus That serves the neighborhood seldom runs on scheddle and that gasoline sold at the neighborhood station is 5C higher than any other place. Hr. Bill. Roberts of Braeinar Oaks Apartments said that the proposed housing should be approved under the same rules and regulations as Braemar Oaks. He emphasized that no parking is permitted on Caliill Road and said that adequate on-site parking should be required. that only two units are provided for handicapped tenants and also wondered how people could pay over $400 monthly rent. be satisfactory for the elderly and those with minor handicaps and that no more . than 10% of the units would be market rate. He advised an unidentified lady in the audience that no more than four people, including three children, would be allowed in a two bedroom unit and that no pets would be permitted except birds and fish. represented by Pfr. Winnick stand so that Council could see their interest in the . proposed zoning. In response to a question of Mrs. Bruce Bredehoft, 7100 Lanham Lane, Urs. Chamberlin said that the League of Women Voters supported the concept- of low and moderate income housing but believed that the Council must decide on the suitability of a location. She added that the League had also endorsed public transportation in Edina. In response to a question of Councilman Bredesen as to why Crossroads Development Corporation had chosen Edina for its proposed development, with the high costs of land, Mr. Hyatt said that Edina has had a priority rating of the highest level for low and moderate income housing and has made the least effort in terms of meeting that goal. lie explained that he is an expert in low arid moderate income-housing and that he is realiy not inter- Councilman Bredesen said that In respcnse to comments Nr. Steve Winnick, Mr. Winnick ref erred also to the "substanLia1 He suggested that Referring to a brochure on housing which had been prepared by the Edina . Mrs. Barbara Lamm of Braemar Oaks Apartments questioned the fact Nr. Hyatt said that all units would I Nr. Larry Youngblood asked that members of the audience vho were 1 /2 I / 80 I 273 ested in the development of a market rate housing project. As rcconimcnded by the Pictyor, Councilwoman Schmidt's notion was then seconded by Councilman Richards , continuing tlic hearing until the Council has an opportunity to study and analyze the Housing Conicuttec Report, hopefully by February 25 , 1980 , and that notices be sent out eo the mailing list reminding residents of the hearing. Ayes: Bredesen, Richards, Schmidt , Van Valkenburg Nays: None blot ion carried. LOT 1, BLOCK 1, IlC CilULEY HEIGHTS 3RD ADDITION ZONING CHANGE APPROVED. ORDINANCE 811-A134 GRANTED FIP\ST READING; SECOND PGADING WAIVED. Affidavits of Notice were presented by the Clerk, approved as to form and ordered placed on file. Pk. Hughes presented the request of Mr. Horace J. Olds to rezone property located at the intersection of Post Lane and McCauley Circle from R-2 Residential Dis- trict to R-1 Residential District as recommended by the Community Development and Planning Commission. No objections being heard, Councilman Richards offered Ordinance No. 811-A134 for First Reading, with waiver of Second Reading inasmuch as the proposal was for a lower zoning, and moved its adoption as follows: ORDINANCE NO. 811-A134 AN ORDINANCE APENDING THE ZONING ORDINANCE (NO. 811) SY REZONING PROPERTY FROM R-2 RESIDENTIAL DISTRICT TO R- 1 SINGLE FAMILY RESIDENTIAL DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: hereby amended by adding the following thereto: addition of the following property which is removed from the R-2 Residential District: Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is "The extent of the R-1 Single Family Residential District is enlarged by the Lot 1, Block 1, McCauley Heights 3rd Addition, which is in subdistrict R-1." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the Ordinance was seconded by Councilman Bredesen. Rollcall : Ayes : Bredesen, Richards , Schmidt, Van Valkenburg Nays: None Ordinance adopted. ATTEST &- fL, City Clerk FINDELL 3RD ADDITION GRANTED PRELININARY PLAT APPIIOVAL; ORDINANCE NO. 81 1-A135 GRANTED FIRST READING. Affidavits of Notice were presented by the Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition of Roger Findell and Ron Clark for preliminary plat approval for Findell 3rd Addition and for R-3 zoning for property generally located South of 14. 70th Street and West of Cahill School. He recalled that this hearing had been continued from the Council. Meeting of December 17, 1979, so that it could be considered after a decision was made on the Crossroads Development project. proponents had submitted revised plans as recommended by the Community Develop- ment and Planning Commission for this 48 unit development and that final approval of the zoning would be contingenk upon; final approval ;of the plat, with the plat being contingent upon receipt of the developer's agreement and a subdivision dedication which should be based only upon the two acre unplatted parcel located in the middle of the subject property. be extended into the plat. Xr. Clark urged that preliminary approval be granted so that they could proceed with architectural drawings and start construction in the spring. Be said that he expected that they would be ready for Second Reading in about six weeks, roads Development proj ect. is not approved, the two sites should be considered together for any future development. drops off quickly, the two sites 'should be developed separately. he would take the risk that final approval might not be granted so that he could proceed with hi.s drawings inasmuch as time is becoming critical. ments being heard, Councilwoman Schmidt offered the following resolution and moved its adoption: BE IT RESOLVED that that certain plat entitlcd "Findell 3rd Addition", platted by Roger Findel.1 and Ron Clark, and prescnted at the Edina City Council Meeting of January 21, 13E0, be and is hereby granted preliniinary approval with the under- standing that final zpproval is contingent upon receipt of a developer's agree- He advised that the It was also noted that a public road will Councilinan Richards said that he believed that, if t1i.e Cross- Mr. Clark said that, because the terrain He said that No further com- RESOLUTION 1/2 1 I80 274 ment and that the subdivision dedication S'iOUld be based only upon the two acre unplatted parcel located in the middle of the subj ect property arid, further, that Motion for adoption of the resolution was sxonded by Councilman Bredesen. the final zoning is to be conditioncd upon final platting. Rollcall: Ayes : Bredesen , Schmidt , Van Vallcenburg Nays : Richards Resolution adopted. Councilwoman Schmidt then offered Ordinance No. 811-A135 for First Reading as follows : I ORDINANCE'NO. 811-A135 AN ORDINANCE MENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO TIE PlULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, i\lINXESOTA, ORDAINS: Section 1. Paragraph 1 of'section 4 of Ordinance No. 811 of the City is amended tion of age and by adding the fQllowing .thereto : "The extent of the Nultiple Residence District is enlarged by the addi- the following properties : Outlot A, Findell 2nd Addition; and The West 225 feet of the East 533 feet of that part of the North 12% acres of the South 32 acres of the Northwest quarter of the Northeast quarter lying South of the North 30 Eeet thereof; and The North 130 feet of the East 308 feet of the South 32 acres of the Northwest Quarter of the Northeast Quarter, except road; and The North 91% feet of the South 282' feet of the East 308 feet of the North 12' acres of the South 32 acres of the Northwest Quarter of the Northeast Quarter, except Road, all in Section 8, Township 116, Range 21, which is in Subdistrict R-3." See. 2. This ordinance shall be in full force and effect upon its pass- pub licat ion. PMCKWOOD KNOLLS 21ST ADDITION GRANTED FINAL PUT APPROVAL. ParJwood bolls 21st Addition for final plat approval, advising that the plat con- . forms to the plan approved at the time of Preliminary Plat approval and added that the subdivision dedication had been made for the en2ire area at the time preliminary approval. had been granted. Construction Cornpany, requested that the gravelling of the roads (presently under Ilan B) be included with the curb, gutter and blacktopping under Plan C. Being advised that this is not normally the custom, Councilman Richards' motion that Mr. Hansen's request be denied was seconded by Councilman Bredesen. Mr. Hughes presented Hr. Harvey Hansen of Parkwood Knolls Ayes: Bredesen, Richards, Schmidt, Van Valkenburg Nays: None Motion carried, Councilman Richards then offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that that certain plat entitled Park- wood Knolls 21st Addition, platted by Parkwood Knolls Construction Company, and presented at the Edina City Council Meeting of January 21, 1980, be and is hereby granted final plat approval. Notion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall : Ayes : Bredesen, Richards, Schmidt , Van Vallcenburg Nays: Eone Reso lut ion a do p t ed . RESOLUTION ONE CORPORATE CENTER GRANTED FIX& PLAT APPROVAL. Council hac! approved a combination of three lots located East of Metro Blvd., West of T.H. 100, South of W. 74th Street and North of Edina Industrial Blvd., and that the propocents have submitted a plat which would simplify the legal description for that property. No objections being heard, Counci~~~~oman Schmidt offered the folloving resolution and moved its adoption: RESOLUTION Mr. Hughes recalled that the - BE IT IESOLVED by the Edina City Council that that certain plat entitled One Corporate Cmter, platted by B. Dalton Company, a Elinnesota Corporation, and by One Corporate Center, a Minnesota Limited Partnership , and by Lutheran Brother- hood, a Minnesota Corporation, and presented al: the Edina City Council Meeting of January 21, 1980, be and is hereby granted final plat approval. Notion for adoption of the resolution was seconded by Councilman Bredesen. Roll call : Ayes : Bredesen, Richards, Schmidt, Van Vallcenburg Nays: Moiie Resolution adopted. 1/2 1/80 I 275 CABLE TV FRANCIlISE PUBLIC HEARING CONTINUED TO FEBRUARY 25, 1980. Far. Iiosland recalled that the public hearing on the Cable TV franchise had been continued from !lie Council Neet ing of December 17 , 1979 , and recormiended further continu- ance ,to February 25 , 1980. Councilwoman Schmidt thereupon moved that the hear- ing bk continued to February 25, 1980, as recommended by the City Manager. Motion vas seconded by Councilman Bredesen. Ayes : Bredesen, Richards , Schmidt, Van Valkenburg Nays: None Mot ion carried. TRAFFIC SAFETY COFlMITTEE MINUTES OF JANUARY 16. 1980 , REVIEWED. Councilman Bredesen's, motion approving the recominendation of the Traffic Safety Committee that Ordinance No. 1401 (Section 4.16) be amended by adopting Minnesota State Statute 169.19, subd.' 2 (U-Turns) by reference and accepting the remainder of the Minutes of January 16, 1980, was seconded by Councilwoman Schmidt. Ayes : Bredesen, Richards , Schmidt, Van Valkenburg Nays: None Motion carried. .49ER'S MASTER CONTRACT RATIFIED EXCEPT FOR LOCAL ISSUES. Mr. Rosland advised . that a master agreement has been concluded between the joint MAMA (Metropolitan Area Managers Association) communities and operating Engineers Local No. 49 which represents the public works employees in those communities. The two year master contract calls for an 8% increase in wages for 1980, an increase in health and life insurance for 1980 up to $85 per month and an additional holiday which places them on an equal number of holidays with other City employees. Mr. Ros- land advised that a few local issues remain to be settled and that negotiations will begin shortly. was seconded by Councilwoman Schmidt , authorizing the ratification of the contract. As recommended by Mr. Rosland, Councilman Bredesen's motion Rollcall : Ayes : Bredesen, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. Councilman Bredesen reiterated his concern about health insurance costs and sug- gested that Mr. Rosland discuss the matter with Mr. Smythe. Mr. Rosland said that he would try to figure out what can be done in line with Council-man Brede- sen 's concerns. , SPECIAL MEETING DATE SET TO STUDY HOUSING COEIMITTEE REPORT. commended the Housing Committee and the staff for their work in preparing the Housing Committee Report, and said that he would like the Community Development and Planning Commission as well as the Park Eoard to review the report and bring their recommendations back tu zhe Crounciil. special Council Eeeting with the Park Eoard, the Community Development and Plan- ning Commission and the Housing Needs Committee on February 16, 1980, at 9:OC a.m. to which the School District and all community groups will be invited. The Editor of the Sua Newspaper - was asked to give the meeting good publicity. action was taken. Mayor Van Valkenburg It was generally decided to hold a No formal SCHOOL LIFE SAFETY DISCUSSED. Mr. Rosland called Council's attention to recom- mendations for correcting fire-life safety deficiencies at the various public schools, together with the rating of their importance. It was generally decided to send the memorandum to School District officials and ask for their reaction by April 1, 1980. No fornal action was taken. BLOOMINGTON TUBLIC HEALTH NURSING SERVICES CONTRACT APPROVED. Mr. Rosland pre- sented a proposed contract for Ulooiniiigton Public Health Nursing Services which provides for an overall increase of 9.8%. Mr. Rosland advised that Edina uses 19% of the services for the overall program which also includes the City of Richfield. and moved its adoption: RES 0 LUT ION BE IT RESOLVED by the Edina City Council that the Mayor and City thnager be aiid they are hereby autliorized to enter into agreement with Bloomington Public Health Nursing Services for the year 1980 at a cost of $94,500. Motion for adoption of the resolutioil was seconded by Councilman Bredesen. Councilwoman Schmidt thereupon offered the following resolution -- Rollcall : Ayes: Bredesen, Richards , Schmidt, Van Vaikenburg Nays: None ResoLution adopted. PUBLIC WORKS REPAIR AND MAIMTENAIJCE -._ L_ %IDS AUTHORIZED. -- As recommended by Ik. Iloff- man, Councilwoman Schniidt 's motion was seconded by Councilman Uredesen, nuthoriz- - 1 / 1 7/ 80 / 276 - ing bids for painting the Southdale Water Tower and repair of the Sanitary Sewer Lift Station at 42nrI and Grinics Ave. Ayes: Bredesen , Richards, Schmidt, Van Valkenburg Nays: None Notion carried. COOPERATIVE POLICE SELECTION PARTICIPATIOX AUTHORIZED. lir . Rosland advised Council of a joint powers agreement which KA.El.A., together wtth local Chiefs of Police had been developing over the past few years and recommended that Council approve a resolution directing him to explore various methods of cooperatively selecting Police officers and said that, if a workable arrangement can be devel- oped it will be brought back for Council approval if a joint powers agreement is involved. Councilman Richards thereupon offered the following resolution and moved its adoption as recommended'by the Manager and the Chief of Police: RESOLUTION AUTHORIZING PARTICIPATION IN THE SUBURBAN POLICE RECRUITELENT SYSTEM WHEREAS, the City of Edina is authorized by Ninnesota Statute 471.59 to enter into joint and cooperative agreements with other governmental units; and WHEREAS, this City Council has reviewed a joint and cooperative agreement among suburban municipalities in the seven county metropolitan area which will es tab- lish a Suburban Police Recruitment System; and WHEREAS, the purpose of the Suburban Police Recruitment System will be to recruit candidates for entry-level police positions in the cooperating municipalities and to assist the cooperating municipalities in evaluating candidates for these posit ions ; and WHEREAS, this City Council has determined that it will be advantageous to the City of Edina to participate in the Suburban Police Recruitment System; NOW, THEREFORE, BE IT RESOLVED by the City Council of Edina, Minnesota, as follows: The Nayor and City Manager are hereby authorized to execute the Joint and Cooperative Agreement which establishes the Suburban Police Re- cruitment System and which provides for City membership in said System. of Police, are hereby designated as the City's initial Director and Alternate Director in the Suburban Police Recruitment System. The City Clerk is hereby directed to file an executed copy of the joint and Cooperative Agreement as provided therein, together with a certified copy of this resolution. 1. . 2. Kenneth E. Rosland, the City Blanager, and Craig G. Swanson, the Chief 3. Eotion for adoption of the resolution was seconded by Councilwoman Schmidt. . Rollcall: Ayes: Bredesen, Richards, Schmidt, Van Valkenburg Nays: None . Resolution adopted. ORDINANCE NO. 1031-A1 GRAXTED SECOND READING; TO BE EFFECTIVE MAY 1, 1980. Mr. Rosland presented Ordinance No. 1031-A1, which ordinance regulaces the parking of recreational and commercial type vehicles in the residential district, advising that the ordinance VJould be administered by the Police Department. He explained that one recreational vehicle may be parked in a driveway fifteen feet Sack from the curb and 5 feet from the side property line and that, under the ordinance, a variance board would be established to determine in what ather areas the vehicles could be parked. Cost of a variance request would be $50.00 for the location ad the -vehicle. are not self propelled cannot park on driveways. audience was told that the ordinance includes all vans under 9,OCO pounds. Xr. Harold Kempffer, 5537 IaJooddale Ave., objected that the ordinance is more restric- tive than before. could build an additional garage if he could meet City ordinances, Vhite, 5509 Highland Road, objected that the ordinance does not solve anything for complainers and only poses difficulties for the vehicle owners. He objected also that the $50.00 fee is too high as did Councilwomm Schmidt. Nr. Rosland . said that he would work toqard developing guidelines in advance of any hearhgs. No further commmts being heard, Councilman Richards offered Ordinance No. 1031- A1 €or Second Reading, effective Nay 1, 1980, and moved its adoption: An unidentified gentleman in the audience objected that trailexsthat An unidentified lady in the An unidentified gentleman in the audience was told that he Mr. Charles ORDINANCE NO. 10 3 I-A1 AN ORDINANCE ANENDING THE DEFINITION OF NUISANCES CAUSED BY THE PRPXING OR STOR4GE OF VEHICLES, EQUIPMENT AND PURXISHINGS THE CITY 'COUNCIL OF THE CITY OF EDINA, NINNESOTA, ORDAINS: amended to read 3s foilows: The outdoor storage of pipe, luniber, forms, machinery, or other occupa- tional materials in any residential district, except for the purpose of construc- tion or repair work being done to structures on the same property." Section 1. Paragraph (1) of Section 4 of Ordinance No. 1031 is hereby "(1) Sec. 2. Paragraph (m) of Section 4 of Ordinance No. 1031 is hereby deleted. Sec. 3. Section 4 of Ordinance No 1031 is hereby aniended by the addition of the following new paragraphs : "(m) and appliances in any residential area n 1 t in compliance with the following provisions: The pclrkiiig or s tornge of vehicles, equipment and houshold furnishings 1. Def ini t ions. Inoperable Vehicles : limited ,to, any automobile, truck, trailer, marine craft, snowmobile, motorcycle, all terrain vehicle , mobile home, pick-up camper, camping trailer, and other equipment for motorized transportation, that (i) has a missing or defec- tive part that is necessary for the normal operation of the vehicle, or {ii) is stored on blocks, jacks, or other supports. Commercial Usage Vehicles : (1) Vehicles and equipment designed or modified for use in any construction, demolition, or maintenance activity. Provided that vehicles and equipment used for mainten- ance, repair or construction on the premises may be parked during the period of work; (2) Tractors; (3) All trailers or towed equipment not used to transport (4) Snow removal vehicles and equipment ; (5) Earthmving vehicles and equipment; and (6) Trucks , vans and pickups of 9,000 pounds or more. Recreational Vehicles: campers, pickups with campers or mounted toppers, mobile homes, all terrain vehicles, marine craft, camping trailers, and snowmobiles. Also i? trailer used to transport recreational vehicles shall itself be a recreational vehicle under this ordinance. Hard Surfaced: All-weather, durable, dust-free surfacing material. Screen: 'an opaque fence at least the height of the recre- ational vehicle and of a design, color and material similar any motor vehicle including, but not recreational vehicles ; to the house or garage to which it is adjacent. 2. Permitted Storage. Numerical Zoning ?e rmi t t ed Restrictions on Type of Vehicle . Districts Location ' Permitted Vehicles Automobiles; motor- R1, R2, On the driveway No Testriction. cycles; or trucks, PRD 1-2 not within 15 pickups or vans feet of street under 9,000 pounds curb and not , within 5 feet of lot line. (b) Recreational vehicles R1-5, In a garage or No restriction. PRD 1-5 other lawfully con s t ruc t e d building. R3-5, On any hard sur- No restriction. PRD 3-5 faced area. R1, R2, On the driveway One vehicle per dwelling PRD 1-2 not within 15 ft. unit. When recreational of street curb vehicle(s) on trailer, and not within 5 the trailer and vehicle(s) ft. of the lot shall be considered one line. vehicle. R1-5 IR a garage or No restriction. PRD 1-5 other totally enclosed , law- fully con- structed build- ing. R3-5 On any hard sur- One yehicle per dwell- PRD 3-5 faced area ing unit. Commercial usage All resi- In a garage or No restriction. vehicles and dential other lawfully unmounted campers and toppers. building. cons t ru c t eil Numerics! Zoning Perillit ted Res Lrictions on (d) Inoperable vehicles. N1 resi- In a garage or No restriction. Districts Location Pc riiilt ted Vehicles Q den 1: ial other lawfully coils true ted building. (e) Household furnishings All resi- In a garage or No restriction. dential other lawfully constructed building. I 3. Special Permits for Recreational Vehicles. The restrictions set out in this paragraph (m) on the outdoor park- ing and storage of recreational vehicles are necessary -for the peace, health, safety and welfare of the citizens of Edina. Yet it is recognized that there are so many kinds of recreational vehicles and so many shapes and sizes of lots and land parcels within the City, that no matter what restrictions are placed upon their out- door parking and storage, hardships will result to some owner of recreational vehicles and nuisances will result to some non- owners. Therefore, inean attempt to avoid such hardships and nuis- ances, this permit system is hereby established. Any person desiring to locate one recreational vehicle in a non- permitted location may apply for a permit pursuant hereto. applicant shall pay a non-refundable fee of $50.00 with each such application. the recreational vehicles allowed by this ordinance. The City Manager shall appoint five persons to serve as a commis-. sion to receive, process and act on permit applications under this ordinance. or employees of the City and shall serve at the pleasure of the City Manager. receiving, processing and acting on such permits. supply such secretarian and other assistance as the City Manager deems necessary for the commission to fulfill its duties. Promptly upon receipt of a properly completed application and the fee tkzerefor, the codssi0.012 shall set a 5eariig dzte for the appli- cation and shall give mailed notice thereof to all owners of pro- perty wholly or partly within 200 feet of the property to which the permit relates insofar as the names and addresses of such owners can be determined by the commission from records available to it and in the City's possession. At the hearing, all persons shall be heard who wish to be heard, in person or by a representative. Within a reasonable time after the hearing, the commission shall make its decision and shall deliver a c~py thereof to the applicant. me commission's deci- . sion shall set forth findings and reasons for granting or denying the permit. Any decision granting a permit may impose conditions which the commission deems necessary to insure compliance, protect adjacent properties and promote the peace, health, safety 2nd wel- fare of the citizens of Edina. The applicant, any oI.mer to whom notice of the hearing was given, or any member of the staff of the City, may appeal a decision of the commission to the City Council, by filing a notice of appeal with the City Clerk within 10 days after the date of such decision. The City Council, at its nest regular meeting after the appeal is filed, shall set a date for hearing the appeal. hearing shall be given in the same manner as the hearing before the commission. At the hearing, all persons shall be heard 1.71~0 wish to be heard, in person or by a representative. ing or a specified future date, the Council shall make its decis- ion. The Council's decision shall set forth its findings and . reasons for granting or denying the permit, or the Council may adopt, as its own, the findings and reasons of the Commission. On granting a permit, the Council may impose conditions to the same extent as the Commission as set out at (2) above. Each permit shall be retained on the property to which it relates and shall be displayed at the request of any City employee, or any owner of property wholly or partly within 20 feet of the property to which itrelates. Each permit shall be limited and restricted to the person, recre- ational vehicle and property location stated thereirz, and may not The No permits shall be given or allowed for more than The commission members may be city-elected officials The commission shall adopt rules and regulations for The City shall ' Notice of the I At that hear-. I I be transferret 1/2 1/80 279 4, I to any other person, or be used for any other recreational vehicle or property location. Each permit granted may be revolced by the City for failure of the recipient to fully and continually comply with the c:onditions therein stated, or for any violation of the provisions of the immediately preceding paragraph. Sec. 4. This ordinance shall be in full force and effect on >lay 1, 1980, (j) but not prior to its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Bredesen. Rollc aL1: Ayes : Bredesen, Richards, *Van Valkenburg Nays: Schmidt Ordinance adopted. MINNESOTA GOVERNEIEET DATA PRACTICES ACT RESPONSIBLE AUTHORITY APPOINTED. Mr. Ros- land advised Council that, effective January 1, 1980, all government data in the possession of any city is public unless classified by a state statute, tempor- ary classification of the Department of Administration or a federal law as not public, or as private or confidential. He advised that the League of Minnesota Cities has recommended that each city adopt procedures for handling requests for information. tion of certain data which would otherwise become public and recommended that City Clerk Florence Hallberg be designated the Responsible Authority to admin- ister the Minnesota Government Data Practices Act for the City of Edina. was also advised that Hennepin County is trying to change this legislation be- cause of the many problems which have been created. Councilman Richards offered the following resolution and moved its adoption: AND ASSIGNING DUTIES He added that the League will be applying for' temporary classifica- Council Following discussion, RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY WHEREAS, the Minnesota Government Data Practices Act, Minnesota Statutes, Sections 15.1611 to 15.1698 as amended, requires that this City appoint one person as the Responsible Authority to administer the requirements for collection, storage, use and dissemination of data on individuals, government data, and summary data, within the City; aad WHEREAS,' the City Council is concerned with the responsible use of City data and wishes to satisfy this concern by immediately appointing an administratively qualified Responsible Authority as required under the Act and assigning duties to that person : NOW, THEPSFOFiE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota: 1. The City Council of Edina, Minnesota, appoints Florence B. Hallberg as the Responsible Authority for the purpose of meeting all requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Section 15.1611 through 15.169 8, as amendeded. 2. The Responsible Authority may designate a City employee or employees to assist in the administration and enforcement of the duties of the Responsible Authority and to be in charge of individual files or systems containing government data and to receive and comply with requests for government data. If the Responsible Authority appoints a designee or designees, this appointment must be in wi5ting, and the City Council shall be provided a copy of the appointment. If designees are appointed, the Responsible Authority shall instruct the designees in the requirements of administering and enforcing the Ninnesota Government Data Pract- ices Act. 3. The duties of the Responsible Authority and designees are as follows: a. The Responsible Authority shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use by the public. Photographic, photostatic, micro- photographic or microfilmed records shall be considered as assessible for convenient use regardless of the size of these records. requests for government data are received and complied with in an appro- priate and prompt manner. The Responsible'Authority or designee shall, upon request by any person, permit that person to inspect and copy govermnent data during the normal buS5EeSS hours of the City and at places provided by the Responsible Authority, and if the pe:-son requests, that person shall be informed of thc (lata's xeanj-ng. copies of government data upon request. The Responsible Authority or designed shall require the requesting person to pay the actual cost of making, certifying and compiling rhe copies. If the Responsible Author- ity or designee is not able to prov.i.de copies at the time a request is made, the Responsible Authority or designee shall supp1.y copies as soon as reasonably possible. Tf the P.esponsiliie Autliority or designee deter- mines that the requested government data is classified so as to deny the b. The Responsible Authority shall es",blish procedures to insure that c. The Responsible Authority or designee shall provide 1/17/70 requesting person access the Responsib!e Authority or designee shall so ., $80 i d. e. f. g. h. . i. 3. . k. 4. inform the requesting person orally at the time of the request, and in writ- ing as soon thereafter as possible, and shall cite. the statute, temporary classification, or federal law upon wliictl 2he deterillination is niode. The’ Responsible Authority shall prepare a public document containing his nane, title and address, and a description of each type of record, file, or process relating to private or confidential data on individuals retained by the City. Fo~m used to collect private and confidential data shall be included in chis document. and make any changes necessary to maintain the accuracy of the document. The Responsible Authority shall establish procedures to assure that all data on individuals is accurate, complete, and current for the purposes for wkicli it was collected, and establish appropriate security safeguards for all records containing data on individuals. The Responsible Authority or designee shall prepare summary data from private . or confidential data on individuals upon the request of any person, provided that the request is in writing and the cost of preparing the summary data is borne by the requesting person. The Responsible Authority may delegate the power to prepare sumaiy data to the administrative officer responsible for any central repository of summary data, or to a person outside of the City if the person, in writing, sets forth his purpose and agrees not to disclose, and the Responsible Authority reasonably determines that the access will not compromise private or confidential data on individuals The Responsible Authority shall prepare a public document setting forth the rights of the data subject pursuant to the Minnesota Government Data Practices Act and the specific procedures in effect in the City for access by the data sub j ects to public or private data on individuals. The Responsible Authority or designee shall allow another Responsible Auth- ority or designee access to data classified as not public only when the access is authorized or required by statute or federal law. The Responsible Acth- ority or designee when supplying government data under this provision may require the requesting Responsible Authority to pay the actual cost of supply- ing the data. The Responsible Authority shall, when appropriate, apply to the Commissioner of Administration for permission to classify temporarily data or types of data on individuals as private or confidential, or data not on individuals as Eon‘ public, on a temporary basis, until a proposed statute can be acted upon by the Legislature, Upon request to the Responsible Authority, or designee, any individual must be informed whether he is the subject of stored data on individuals, and whether it is classified as public, private or confidential. Upon further request, the individual who is the subject of stored private data on indivi- duals shall be showa the data without any charge to him and, if he desires, shall be informed of the content and meaning of that data. The Respbnsible Authority or designee shall provide copies of the private data upon request by the individual subject of the data, and the cost of providing copies shall be borne by the -individual. immediately, if possible, with any request macle by an individual under this paragraph, or within five days of the date of the request, excluding Satur- days, Sundays and legal holidays, if immediate compliance is not possible. If the Responsible Authority or designee cannot comply with the request within that time, he shall so inform the individual, and nay have an additional five days within which to comply with the request excluding Saturdays , Sundays and legal holidays. If an individual contests the accuracy or completeness of public or private data concerning himself , and notifies in writing the Responsible Acthority describing the nature of the disagreement the Responsible Authority shall within thirty days either correct the data found to be inaccuratz or incomplete and attempt to notify past recipients of inaccurate or incomple‘se data, includ- ing receipts named by the individual, or notify the individual that the Responsible Authority believes the data to be correct. Data which-is in dis- pute shall be disclosed oply if the indixridual’s statement of disagreement is Tncluded with the disclosed data. This resolution implementing the Mnneso tz Government Data Practices Act shall remain in force and effect until mdified by the City Council. The Responsible Authority shall update the public document annually The Responsible Authority or designee shall compl-y 35otion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall : Ayes : Bredesen, Richards Schmidt, Van Vallcenburg Nays: None Res olut ion adopted . t Councilman Ricliards then offered the following resolution and move6 its adoption: RESOLUTION LNDEFINIAFYING TIIE RESPONSIBLE AUTHORITY OF THE CITY OF EDINA UNDER THE MINNESOTA GOVERPttiP%’I DATA PPACTZCES ACT 281 / BE IT IlESOLVED BY TlIE CITY COUNCIL OF 'RE CITY OF EDINA: r 1. Tllot thc City of Edi.na ~1131.1 indemnify and prcjvide defense for tha Responsible Authority appointed by the City Council for the City of Edina under and pur- syant to the EIinnesotn Government Data Practices Act, Nintiesota Statutes, Sections 15. 1611 to 15.1698, as amended, against judgments or any mounts paid in settlenimt actually and reasonably incurred in connection with any tort claim or demand arising out of an alleged act or omission by the' Responsible Authority occurring within the scope of the employment 01: the official duties of the Responsible Authority. Tlie indemnification and defense provided for the Responsible Authority shall not apply in my case of malfeasance in office or willful or wanton neglect of duty. The indemnity granted by this resolution shall not exceed the limitations set forth in Minnesota Statutes, 846604, or such greater amount as may result from the City of Edina having procured liability insurance pursuant to Minnesota Statutes, §466.06. 2 3. Motion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall : Ayes : Bredesen, Richards , Schmidt , Van Vallcenburg Nays: None Resolution adopted. Councilnan Bredesen then offered the following resolution and moved its adoption: WHEREAS, all governmental entities are now governed by the Minnesota Government Data Practices Act; and WHEREAS, adminEstration of this act has lead to confusion among the various units o€ government; and WHEREAS , the Hennepin County Board of Commissioners, working with the League of Minnesota Cities and the State Department of Administration has requested that I the idinnesota State Legislature clarify the existing legislation; NOW, T'rIEREFORE, BE IT RESOLVED that the Edina City Council wholeheartedly concurs with the efforts now being made with regard to the Minnesota Government Data Practices Act: and does urge the Legislature to add definitions and clarifications to the Act; and BE IT FURTHER RESOLVED chat copies of this resolution be submitted to Senators Robert Tennessen, Otto T. Bang, Harmon T. Ogdahl and Jack Davies, to Representa- tives Hary Forsytiie, Xay 0. Pleasant and William Dean, to che Hennepin Counry Board of Commissioners, the League of Minnesota Cities and the State Department of Administration. I Motion for adoption of the resolution was seconded by Councilman Richards. RESOLUTION Rollcall : Ayes : Bredesen, Richards , Schmidt, Van Valkenburg Nays: None Resolution adopted. T.H. 100 KESOLUTION OF APPRECIATION ADOPTED. As recommended by Nr. Rosland, Councilman Eredesen offered the following resolution and moved its adoption: RESOLUTION OF APPRECIATION TO MINNESOTA DEPARTMENT OF TRANSPORTATION IJKEREAS, over the past ten years, the Mbnesota Department of Transportntion has been working on the improvement of T.H. 100 between the North and South City Limits of the City of Edina; and WHEREAS, bafore the commencement of such construction, officials of the then. Hinnesota State Highway Department, meeting with City of Edina officials and with t:he general public, did all possible to develop plans which would be most bene- ficial. to the City of Edina, its residents, and all who drive on the highway; and WHEREAS, during construction of the highway great care was taken to prevent accidents 2nd to make traffic flow as easily as possible; and WHEREAS, construction of T.H. 100 between the North and South City Limits of the City of Edina has now been completed; NOW, TREEFORE, BE IT RESOLVED by the Edina City Council that sincere thanks be expressed to the Milineso ta Department of Transportation for the cooperation which was extended lind for the superb new highway which is now completed within the boundaries of the City of Eclina. Motion for adoption of the resolution +7as seconded by Councilman Richards. Rollcall : Ayes : Bredesen, Richards, Schmidt Van Valkenburg Nays: None Resolution ado2ted. - NLIER OF CITY -- I;OT,IDAYS QUESTIONED. man Gredesen, Xr. Roslmd advised that the eleven City holidays per year arc established by statute. In response to a question raised by Council- Councilnan Uredesen said that he believed that eleven \ 1/21/80 . (282 holidays is in escess of the standard in the private employer conmiunity and also 1 questioned the half day holidays. No action was taken. COfiKLSSIGN AND' COfiDlITTEE RECONbJENDATIONS REQUESTED. that Council makc reconniiendations for members of the various City commissions PLiyor Van Valkenburg asked and committees. No action was taken. SUBURBAN PIAYORS MEETING NOTED. attended a meeting of suburban mayors, and hiid recommended that the City work through existing organizations. No action was taken. The Mayor advised that Councilman Richards had I LEGISLATIVE ACTION CONFERENCE NOTED. In response to a question of the Mayor, Mr. Rosland advised that he and Councilman Courtney will be attending the Legislative Action Conference which will be held on February 20, 1980. No formal action wss' taken. COWREHENSIVE LAND USE PLAN PREPARATION DISCUSSED. Mr. Hughes reviewed the status of the Comprehensive Land Use Plan Preparation, advising that a draft of the Plan should be complete and ready for the public hearing process by the end of Febru- ary, and that he hopes that a final plan will be ready for submission to the Netropolit an Council by July 22, 1980. He exTlained that, procedurally, the Planning Commissionadopta the Plan after which time the Plan is submitted to the Council. The Council then transmits the Plan to the &fetropolitan Council which reviews the Plan and subnits it to Council for its formal adoption. No formal action was tzken. CITY EFPLOYEES COINENDED FOR ATTENDANCE AT COTJNCIL IEETING. eight City employees for showing their interest by attending tonight's Council Meeting. in their attendance at Council Meetings. No action was taken. The Xayor commended He also commended the Commission and Committee members who are regular NOISE POLLUTION ACTICN DISCUSSED. Mr. Rosland advised the Council that the League of Ninnesota Cities has offered to work with the City on a noise abate- ment ordinance but recommended that the City not become involved at this time. No action was taken. LIQC@R FW?D 2s of Octcber 31, 1979, vas presented by Vr. Dalen, reviewed and ordered pi&ed on file by inotion of Councilwoman Schmidt, seconded by Councilman Richards. -4 Ayes: Bredesen, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. CIAINS PAID. for payment of the following claims as per Pre-List: Park Fund, $5,609.97; Art Center, $6,229.28; Park Construction, $42,457.19; Swimming Pool, $32.04; Golf Course, $3,053.78; Arena, $10,837.83; Gun Range, $339.77; Water Works, $5,163.62; Sewer Rental, $952.28; Liquor Fund, $239,119.91; Construction $104,812.92 ; IBR #2 , $1,953.01; Total, $536,473.40. Motion of Councilwoman Schwidt was seconded by Councilman 'Richards General Fund, $115,881.80; Ayes : Bredesen, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. No further business appearing, the Nayor declared the meeting adjourned. ment at 1O:lO p.m. Adjourn- '.