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HomeMy WebLinkAbout19820712_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 12, 1982 Answering rollcall were Members Richards, Schmidt, Turner and Mayor Courtney. MINUTES of May 17, June 7 and June 21, 1982, were approved as submitted by motion of.Member Schmidt, seconded by Member Turner. Ayes: Richards, Schmidt, Turner, Courtney Nays: None Motion carried. ORDINANCE NO. 811A-167 GRANTED FIRST READING. Mr. Rosland recalled that First Reading of Ordinance No. 8118-167, providdng for interim uses of closed public school buildings in the R-l District, had been continued from from June 21, 1982, and that he, Member Richards, Dr. Leiber and Mr.. Hite had met and were relatively cnmfortable with the ordinance. be defined at the Second reading and explained, in response to a question of the Council that the ordinance would not cover use as a "lodge hall", but that it could be used by other non-profit groups. Member Richards asked that a draft of the ordinance be submitted to service oriented and neighborhood groups as well as to the League of Women Voters and to Mrs. Eva Johnson, President of the Edina Woman's Club for their review before Second Reading. Member Turner thereupon offered Ordinance No. 811-A167 for First Reading as follows: Mr. Hughes advised that "community center" will Following considerable discussion, ORDINANCE NO. 811-A167 AN ORDINANCE. AMENDING THE ZONING ORDINANCE (NO. 811) TO PROVIDE FOR INTERIM USES OF CLOSED PUBLIC SCHOOL BUILDINGS IN THE R-1 DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: amended by adding a new subpdragraph (c). Section 1. "Cc). Interim Uses of Publicly Owned Elementary, Junior High, and Senior High School Buildings. Paragraph 2 of Section 3 of Ordinance No. 811 is hereby (i) Purpose;.and Intent. The City Council of the City of Edina recognizes that several publically owned school buildings have been wholly-or - partly closed for public- education purposes due to the decreasing school age population of the City. be retained in public ownership in order that they may be re-used for public education purposes in the future when the City's school age population in- creases due to changing demographics. The City Councjl- determines that such publicly owned buildings should be temporarily occupied by appropriate uses - during this interin period in order to preserve a substantial public investment and to prevent the deterioration of these public properties which would adver- sely impact surrounding private properties. Uses are hereby allowed in publicly owned school buildings in order to promote the general health, safety and welfare of the residents of the City. not the purpose and intent of this paragraph to allow the permanent re-use of public school buildings for the Interim Uses specified hereafter.. (ii) Interim Uses. In addition to elementary, junior high and senior high schools having a regular course of study accredited by the State Department of Education and then related accessory uses, the following interim uses shall be allowed: It is further recognized-zthat-many such buildings Will Therefore, the following Interim It is a) Schools for teaching music, dance, arts 02 business b) c) Churches, chapels, temples and synagogues d) e) Seminaries and monasteries f) Community Centers g) Colleges and Universities h) Counseling Services i) Museums vocations.. Administrative offices for private, non-profit organiza- tions. Day care centers and nurseries (33.2) Termination of Interim Uses. In the event that any public school building or the land upon which it is located is disposed of or trans- ferred to private ownership by deed, contract for deed, lease for more than three years, or by other means, all Interim Uses shall cease and the building shall then be used for only princ2pal and.accessory uses allowed by this ordinance. the closing of the school. No Interim Use shall be allowed following the 7th anniversary of 7/12/82 (iv) Conditional Uses. a) The following Interim Uses shall only-be alloled subject to the grant of a Conditional Use Permit. i) Administrative offices for private, non-profit organi- zations and counseling services which in aggregate occupy 35 percent or more of the gross floor area of the building. zations, schools for teaching music, arts, dance and business vocations, and counseling services which are open for operation between 6:OO p.m. and 7:OO a.m. on three or more days weekly. Ti) Administrative offices for private, non-profit organi- b) Procedure. Applications for Conditional Use Permits shall be acted upon in the same manner as a transfer of land to another zoning district as provided for in Section 14 of this ordinance except that only one hearing shall be required by the City Council, Applications for Condi- tional Use Permits shall be signed by the owner of the building. The City Council may attach conditions to the * permits as it deems necessary to ensure compliance with this ordinance. Use Permit upon a three fifths favorable vote upon finding that the following criteria have been met: i) The proposed use(s) will not cause excessive trafffc congestion or parking demands. ii) The hours of operation of the proposed use(s) will be complementary to other uses in the building or on the property and will not unduly impact the residential character of surrounding properties. iii) The proposes use(s) will not have. an adverse affect on the public health,, safety or welfare and will not he or create a nuisance. The City Council may issue a Conditional (v) Parking: One parking space for each three seats in the largest place of assembly or one space for each 200 square feet of floor area used for those interim uses specified in paragraphs ii - a, b, and h; whichever is - ~ greater. .. PART-OF R.L.S. 1178 AND UNPLATTED PROPERTY LOT DIVISION REQUEST TWIXDRAWN. Mr. Hughes advised that the request €or division of'part of R.L.S. 1278 and unplatted property generally located in the Southwest quadrant of'W. 66th Street and T.H. 100 which was continued from the-meeting of June 21, 1982, had been withdrawn. No formal action was taken. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. Motion of Member Richards was seconded by Member Schmidt, setting July 19, 1982 for hearing date for the fol- lowing Planning matters; with the motion being unanimously approved. 1. Prime Development Corporation - Generalzy located in the Northeast quad- . rant of County Road 18 and W. 7th St. - Zoning change from R-1 Residen- tial District to' POD-1 Planned Office District and Preliminary Plat Approval for Prime Professional Center Addition. Residential District and Heritage Preservation District - Generally loca- ted in the Southwest quadrant of W. 70th St. and Cahill Road. Zamansky Addition - Generally located in the Southwest quadrant of W. 66th St. and T.H. 100 - Preliminary Plat Approval. 2. Marshall Everson - R-1 Residential District to PRD-3 and HPD Planned * 3. LOTS 1 AND 2 , BLOCK 1 , CLEVELAND'S SUBDIVISION, PARKSIDE REPLAT LOT DIVISION APPROVED. Being advised by Err. Hughes that the division propdsed for Lots 1 and 2, Block 1, Cleveland's Subdivision, Parkside Replat, meets all ordinance requirements, Member Schmidt offered the following resolution and moved its adoption: . -.-. parcels : ~- and WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and,separate parceis (herein called "Parcels"): RESOLUTION WHEREAS, the following described tracts of land constitute various separate Lots 1 and 2 , -Cleveland's Subdivision, Parkside Replat; . Lot 2 and the Southerly ten feet (10;) of Lot 1, Block 1, Cleveland's Subdivision, Parkside Replat; and Lot 1 except the Southerly ten feet (10') thereof, Block 1, Cleveland's Subdivision, Parkside Replat; and 7/ 12/82 WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811 ; NOW, THEREFORE,,LT IS HEREBY RESOLVED by the City Council of the City of Edina, that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and convey- ance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, 'to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Dity of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : # Ayes : Richards , Schmidt , Turner, Courtney ' Nays: None Resolution adopted. I I\ oa co (b 5 m I CONTRACTS AWARDED FOR VARIOUS PUBLIC IMPROVEMENTS. Mr. Rosland presented tabu- lation of bids for Sanitary Sewer Improvement No. SS-363, Improvement No. 82-4, Natermain Improvement No. WM-348, Grading and Graveling Improvement No. C-139, Concrete Sidewalk Improvements Nos. S-30, S-31 and S-32, Permanent Street Sur- facing, Concrete Curb and Gutter, Concrete Sidewalk and Street Lighting Improve- ment No. BA-253 and Permanent Street Surfacing with Concrete Curb and Gutter Improvement No. BA-255 as follows: For Sanitary Sewer Improvement SS-363, Improvement No. 8204, Watermain Improvement No. WM-348 and Grading and Gravel- ing Improvement No. C-139 (Contract #82-4 ENG), low bidder, G. L. Contracting, $64,704.10; Kirkwold Construction, $68,040.85; Q.R.S. Corporation, $75,218.30, against Engineer's estimate of $66,659.00. Bids for Concrete Sidewalk Improve? ments Nos. S-30, S-31 and 5-32 (Contract No. 82-5 (ENG); low bidder was Doc Blanchard at $107,747.80; Minnesota State Curb and Gutter, $108,366.13; Victor Carlson & Sons, Inc., at $116,713.05; Gunderson Bros, Cemenf Contractors, $118,385.09; Alexander Construction, $121,263.71; Henderson & Lemke Coy $123,866.95; and Shafer Contracting Co., Inc., at $129,510~00, against Engin- eer's estimate of $128,873.25; Bids for Contract No. 82-6 (Street Improvements Nos. BA-253 and BA-253 were given showing Alexander Construction at $91,444.32, Bury & Carlson, Inc., at $78,390.16, Blacktop Service Co. at $79,442.45, Asphalt Paving Materials, Inc., at $80,825.41, and Hardrives, Inc., at $101,150.75, against Engineer's estimate of $125,665.25. Member Turner's motion for award to the following recommended low bidders was seconded by Member Schmidt: for Contract No. 82-4, G. L. Contracting at $64,704.10; for Contract No. 82-5, Doc Boanchard at $107,747.80; for Contract No. 82-6, Bury & Carlson, Inc., at $78,390.16. Ayes: Richards, Schmidt, Turner, Courtney Nays: None Mot ion carried. COMMUNITY CENTER REPORT ACCEPTED; EDINA COMMUNITY CENTER PARKING LOT APPROVED IN CONCEPT. Mr. Rosland recalled that the Community Center Report had been continued from the meeting of June 21, 1982, for input from the committee and expressed disappointment that committee members were not present at this meeting. He presented a formal estimate of cost of $122,963.30 for the Community Center Parking Lot, and recommended that the City cooperate with the School District by particimting in in-kind services such as engineering and clerical costs at . approximately $11,922 and tearing out curb and gutter, removing the cyclone fence and striping the parking lot at an estimated cost of $3,360.00. at the meeting were Human Relations Commission Members Micki Gamer, Tom Oye and Pat Llona who agreed that they were satisfied with the Community Center report. Mr. Rosland clarified that, if Council approves, he will ask the School Dis- trict to submit a petition for the parking lot improvements so that bids can be taken for the project. Schmidt, approving the Community Center Report and approving the concept of the City constructing the parking lot, participating in in-kind services as . recommended by Mr. Rosland, and assessing the cost of the project against the School District. Ayes: . Richards, Schmidt, Turner, Courtney Nays: None Motion carried. Present Member'Turner's motion was then seconded by Member ._ . .. . - 7/12/82 I22 .- GOLF DOPE CONTRACT APPROVED. of the contract for construction and operating the Golf Dome proposed to be erected at Braemar Park. He recalled that Council had agreed with the Golf Dome in principle, but had instructed the staff to work out the contract with the attorney and to get additional publicity out to residents of the City. He advised that he has received nothing but very favorable comments to publi- city in the Sun and Minneapolis papers and that the contract"ref1ects the details previously zipproved by Council, with the addition of personal guarantees to cover the cost of the building, plus 3% of the gross of concession stands and the golf equipment sales. In response to Member R&hards' concern that the Dome mig€it be in competition with other Braemar activities, Mr. Rosland said that he does not believe that there will be any problem. being heard, Member Richards offered the following resolution and moved its adoption : BE IT RESOLVED that the Mayor and Manager be and they are hereby authorized to enter into contract with Edina Golf Dome Associates for construction and opera- tion of the Golf Dome to be constructed at Braemar Park. Motion for adoption of the resolution was seconded by Member Schmidt. Mr, Rosland described in detail the conditions No further comments RESOLUTION Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. COUNTRY CLUB DISTRICT NOW ON NATIONAL REGISTER OF HISTORIC PLACES; FOSTER DUN- WIDDIE COMMENDED. Mr. Foster Dunwiddie, Chairman of the Edina Heritage Preserva- tion Board, advised Council that, as of April 26, 1982, the Edina Country Club District was officially entered on the Register of Historic Places in Washington, D.C. The Mayor expressed his pleasure and complimented the Heritage Preservation Board, and particularly commended Mr. Dunwiddie for the hard work that he had put into this endeavor. No formal action was taken. EDINER ON-SALE BEER LICENSE APPROVED. Being advised that the Police and Health Departments have both approved application of Ediner for an On-sale Beer license at 3669 W. 69th Street, Member Schmidt's motion was seconded by Member Turner, authorizing issuance of an On-sale Beer License for Ediner restaurant. Ayes: Richards, Schmidt, Turner, Courtney Nays: None Motion carried. FLUORIDATION SUPPLIES DISCUSSED.. In response to a question of Member Turner., Mr. Hoffman confirmed the fact that fluoridation supplies are in short supply but __ . said that he has been attempting to obtain additional supolies. back at the next Council Meeting. NOISE ORDINANCE TO BE CONSIDERED. Mr. Rosland advised that Ms. Smith is working on a noise ordinance for considera- He will report No action was taken. In response to a question of Member Turner, .tion at a meeting in the near future. No action was taken. MANUFACTURED HOUSING ORDINANCE TO BE CONSIDERED. Being asked by Member Turner about the effect of recent legislation on manufactured housing in the City, Member Richards asked that this niatter be referred to the Commity Development and Plan- ning Commission and to the Board of Construction Appeals for their recommenda- tions. Mr, Rosland said that this question,would be studied. No action taken. WINE ISSUE POLICY DISCUSSED. procedures be developed to puit.the wine issue on the ballot at the City Election, Mr. Rosland referred to a legal memorandum from the City Attorney and said that he would give Council the various alternatives open so that they can be discussed at the next meeting. *No formal action wasvtaken. ORDINANCE NO. 436-A1 ADOPTED; SECOND READING WAIVED. Mr. Rosland advised that the present day plumbing code does not require a floor drain in public restrooms as our ordinance sets forth'and recommended that, in the interest of uniformity,. the ordinance be amended so that these floor drains will not be required. Member Schmidt thereupon offered Ordinance No, 436-A1 for First Reading, with waiver of Second Reading and moved its adoption: Referring to a letter which he receivedaskingtkt I ORDINANCE NO. 436-A1 AN ORDINANCE MENDING ORDINANCE NO. 436 DELETING THE REQUIREMENT FOR FLOOR DRAINS IN RESTROOMS' .. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : floor drain installed in conformance with the City Plumbing Code. Section 1. Sec. 2 (a). Each steam bath or heat bathing room shall be equipped with a Sec. 2 Section 3 of Ordinance No. 436 is hereby amended to read as This ordinance shall be in full force and effect upon its passage 7/12/82 123 and publication. Motion for adoption of the ordinance was seconded by Member Turner. Rollcall : Ayes : Richards, Schmidt , Turner, Courtney Nays: None .. Ordinance adopted. ATTEST : I,, $A & City Clerk LIQUOR REPORT AS OF FEBRUARY 28, 1982, was presented, reviewed and ordered placed on file by motion of Member Richards, seconded by Member Turner. Ayes: Richards, Schmidt, Turner, Co.urtney Nays: None Motion carried. .CLAIMS PAID. Motion of Member Schmidt was seconded by Member Turner for payment of the following. Claims as per Pre-List dated July 12, 1982: General Fund, $151,170.08; Park Fund, $55,645.01; Art Center, $5,998.17; Swimming Pool, $7,155.80; Golf Course, $23,343.15; Arena, $4,467.72; Gun Range, $1,963.70; Water, $6,398.97; Sewer, $151,667.08; Liquor, $2,585.77; Construction, $6,280.09; Total, $416,675.54; and for confirmation of payment of the following Claims: General Fund, $138,081.36; Park Fund, $511.10; Art Center, $562.87; . Swimming Pool, $692.04; Golf Course, $10,885.13; Arena, $4,542.96; Gun Range, $388.67; Water Fund, $16,839.57; Sewer Fund, $4,809.61; Liquor Fund, $207,555.35; Total, $384,868.66. 1\1 m 00 CJ m a . Ayes: Richards, Schmidt, Turner, Courtney Nays: None Motion carried. Council's agenda having been covered, Member Turner's motion for adjournment was seconded by Member Schmidt and carried. Adjournment at 7:56 p.m. b& , City Clerk