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HomeMy WebLinkAbout19820802_regularm a MINUTES OF THE REGULAR MEET11 G EDINA CITY COUNCIL HELD AT AUGUST 2, 1982 F THE CITY HALL 131 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. HUMAN RELATIONS COMMISSION COMMENDED. Mayor Courtney read a Certificate of Commendation issued by the State of Minnesota to the Edina Human Relations Com- mission, which was issued in recognition of the Commission's commitment and in appreciation for their participation in the No Fault Grievance Processs. man Micki Gamer was present to accept the Certificate. ORDINANCE NO. 811-A167 ADOPTED ON SECOND READING. Mr. Hughes presented Ordi- nance No. 811-A167 for Second Reading., recalling that this ordinance provides for uses in public buildings in the R-1 District and that suggestions made at the last meeting were.incorporated in the revised ordinance. Mr. Hughes explained that all present tenants would be grandfathered in and that Commu- Mr. Douglas Johnson, representing the School District, commended the staff for dev- eloping this ordinance, and said that all leases will contain a "buy-out" pro- vision. Member Bredesen thereupon offered the following resolution for Second Reading and moved its adoption: Chair- ' I nity Education and museums would not require Conditional Use Permits. ORDINANCE NO. 811-A167 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO PROVIDE TOR INTERIM USES OF CLOSED PUBLIC SCHOOL BUILDINGS IN THE R-1 DISTRICT, AND TO DEFINE COMMlTNITY CENTER, COUNSELING SERVICES AND NON-PROFIT ORGANIZATIONS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: by adding a new subparagraph (c) . ings Owned by Independent School District No. 273. Section 1. "(c). . Interim Uses of Elementary, Junior High and Senior High School Build- Paragraph 2 of Section 3 of Ordinance No. 811 is hereby amended - (i) Purpose and Intent. that several public elementary, junior high and senior high school buildings The City Council of the City qf Edina recognizes owned by Independent School District No. 273 have been .wholly or partly closed for public education purposes due to the decreasing school age popu- lation of the City. be retained in School District ownership in order that they may be re-used for public education purposes in the future if the City's school age popula- tion increases. Therefore, the City Council has determined that such school buildings' should be i-llowed to be tempokarily occupied by appropriate uses during this interim period in order to preserve a substantial public invest- ment, to prevent the deterioration of such public properties thereby adversely impacting surrounding private properties, and to prevent an undue the general health, safety, and welfare of the residents of the CiCy. How- ever, it is not the purpose and intent of this ordinance to allow the permanent re-use of such pubiic school buildings for the Interim Uses specified hereafter. (ii) Allowed Interim Uses. In addition to elementary, junior high, and senior high schools, both public and private,having a regular course of study accredited by the State Department of Education and their related accessary uses, the following interim uses shall be allowed: a) Schools for teaching music, dance, arts, or business vocations + which do not require a conditional use permit pursuant Eo (iv) a) ii) of this subparagraph. (b) Administrative offices and meeting rooms (excluding Lodge Halls) for private, non-profit organizations, and counseling services, which, with the other such offices and meeting rooms then in the public school building do not occupy in the aggregate, in excess of the minimum percentage of gross floor area set out in (iv) a) i) of this subparagraph, and if such offices and meeting rooms do not require a conditional use permit pursuant to (iV) 1) ii) of this subparagraph. c) Churches, chapels, temples and synagogues d) e) Seminaries and monasteries f) Community Centers g) Colleges and universities h) Museums (iii) of any public school building or the land upon which it is located is here- it further recognizes that many such buildings will , ... financial burden upon Independent School District No. 273, and to promote . . Day care centers and nurseries Termination of All Interim Uses. In the event that all or any part 8/2/82 832 after disposed of or transferred to private ownership by deed, contract for deed, lease for more than 3 years, or by other means, all Interim Uses shall cease and the building and land shall then be used for only principal and accessary uses allowed in the zoning district in which the land is situated. Also, no Interim Use shall be allowed following the 7th anniversary ofwthe closing of the school. (iv) Conditional Interim Uses. - a) The following Conditional Interim Uses shall only be allowed sub- ject to the grant of a conditional use permit: i) Administrative offices and meeting rooms for private, non- profit organizations and counseling services which with the other such offices and meeting rooms in that public school building, will, in the aggregate, occupy 35 percent or more of the gross floor area of the building. and counceling services and related meeting raoms, schools for teaching music, arts, dance and business vocations which are open for operation between 6:OO p.m. and 7:OO a.m. on three or more days weekly. I ii) Administrative offices for private, non-profit organizations, b. Procedure. Applications for conditional use permits shall be actedupon 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 conditional use permits shall be signed by the owner of the building. the permit as it deems necessary to ensure compliance with this ordinance, and to protect adjacent properties. The City Councia may issue a conditional use permit upon a three fifth favorable vote upon finding that the following criteria have been met: . i) The proposed use(s) will not cause excessive traffic conges- tion or parking demands. ii) The hours of operation of the proposed use(s) will be compie- mentary to other uses in the building or on.the property and will not adversely impact the residential character of sur-: rounding properties. public health, safety, or welfare and will not be or create a nuisance. The City Council may attach conditions to -I iii) The proposed use(s) will not have an adverse'affect on the ' Sec. 2. Paragraph 5 of Section 3 (Single Family Dwelling District) of Ordinance No. 811 is hereby ainended by providing a new parking requirement for elementary, junior and senior high schools as follows: 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 and b, of subparagraph (c); whichever is greater. Sec. 3. Definition of "Community Center", "Counseling Services" and "Non-Profit Orgahization". Section 12 (Definitions) of Ordinance No. 811 is . amended by adding the following definitions: health facilities, governmental offices and meeting rooms, publicly owned social service facilities, meeting rooms and facilities for civic and cultural organizations and groups, and publicly sponsored.recreationa1 activities, or any combination thereof. Such facilities are intended for the use and benefit of residents of the City. which provides advice and assistance on matters including, but limited to career guidance,' chemical and alcohol abuse, and health concerns. Such counseling services shall not include in-patient, overnight, or custodial care facilities and shall not provide living quarters for recipients of the-service or staff, Such counseling services shall not include medical Fxaminations, dispensing of drugs or medication or other treatments normally conducted in a hospital or clinic. employment agencies or offices for private attorneys, psychiatrists, psychol- ogists and other private practices who typically utilize space within business and professional offices. tion 501(a) and described in Sections 501(c)(3), 501(c)(4), or 501 (c)(7), of the Internal Revenue Code of 1954, as amended. Sec. 4. This ordinance shall be in full force and effect immediately upon "Community Center". A building or portion thereof which houses public I "Counseling Service". A service operated by a non-prafit organization I Counseling services do not include I "Non-Profit Organizations". An organization exempt from taxation under Sec- its passage and publication. Motion for adoption of the ordinance was seconded by Member Schmidt. 8/2/82 6. m 00 0 m a Rollcall : Ayes : Bredesen, Richards , Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : City Clerk ib b. 7!L&u&Lo/ 133 ZAMANSKY ADDITION FINAL PLAT APPROVAL GRANTED. Mr. Hughes presented Zamansky Addition for final plat approval, advising Council that all ordinance require- ments had been met for this plat which is located in the Southwest quadrant of W. 66th Street and T.H. 100. Member Bredesen thereupon offered the following resolution and moved its adoption: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR ZAMANSKY ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled Zam- ansky Addition, platted by Agnes T. Strand, a widow, and presented at the Edina City Council Meeting of August 2, 1982, be and is hereby granted final -- plat approval. Motion for adoption of the resolution was seconded by Member Schkdt. Rollcall : Ayes: Bredes.en, Richards, Schmidt, Turner, Courtney Nays:. None Resolution adopted. POLICE DEPARTMENT CABLE FILM PRESENTED. Cliief Swanson recalled that the Police- Department is investigating the possibility of using Cable TV as a method of communicating with the community regarding crime prevention and other Police Department programs. who were integral to the first film production which emphasized methods by which violent crime can be prevented. Ms. Swanson explained how she and Officer Ham- ren had worked together in developing the pilot film and explained .that films of this type can be shown on the cormunity access channel of Cable TV. In show- ing the film, Chief Swanson explained that this type of presentation could be used for neighborhood and church groups, and that the Citizens Safety Council 32s also considering a similar film. He introduced Officer Chris Hamren and Ms. Beth Swanson. No formal action was taken. STOREFRONT/YOUTH ACTION AUDIT PRESENTED. Mr. Rosland presented the Storefront/ Youth Action Audit for the year 1981. No formal action was taken. COMMUNITY CENTER PARKING LOT P-13 AUTHORIZED ON 100% YETITION. Mr. Rosland advised Council that a 100% petition had been received from the School District following the guidelines discussed at the Council Meeting of July 12, 1982. No objections being heard, Member Richards offered the following resolution and moved its adoption: BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1; It is hereby found and determined that a petition has been filed requesting the Council to construct a parking lot improvement at the Community Center Park- ing Lot and to assess the entire cost against the property of petitioner, and that said petition has been signed by all owners of said real property on which said improvement is to be located. 2. ordered pursuant to Minnesota Statutes, Section 429.031 (3), Session Laws of 1961, Chapter 525, Section 2). be referred to in all subsequent proceedings as PARKING LOT IMPROVEMENT NO. P-i?. The entire cost of said improvement, with the exception of in-kind services as described at the Council Meeting of July 12, 1982, is hereby ordered to be assessed against the Edina Independent School District 273. Motion for adoption of the resolution was seconded by Member Turner. RESOLUTION ORDERING PARKING LOT IMPROVEMENT P-13 UPON PETITION . The making of said improvement in accordance with said petition is hereby Said improvement is hereby designated and shall ,. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. -1- COMMUNITY DEVELOPMENT BLOCK GRANT YEAR VI11 APPLICATION AUTHORIZED; URBAN HENNEPIN COUNTY HOUSING REHABILITATION GRANT PROGRAM 682 PROCEDURAL GUIDES APPROVED. Mr. Rosland cazled Council's attention to a memorandmi from Mr. Craig Larsen, advising that Hennepin County now sets standards and procedures for Rehabilitation Grants using Community Developmeit Block Grant Funds and that the Council must take action to adapt procedural guides which govern the administration of the Grants and also authorize the City Manager to sign 8/2/82 134 repayment agreements that are used to secure grant funds for five years. Schmidtthereupon offered the following resolution and moved its adoption: Member BI$S.OLUTION BE IT RESOLVED that the Ehina City Counkil does hereby adopt "Procedural ~ Guides, Urban Hennepic County Housing Rehabilitation Groct Progrm 682" for pro- viding housing rehabilitation grants to eligible homeowners within the City of Edina as funded by the Urban Hennepin County Community Development Block Grant Program; and BE IT FURTHER RESOLVED that the City Manager of the City of Edina be author- ized and directed to sign Repayment Agreements for the City of Edina for Hous- ing Rehabilitation Grants funded bey the Urban Hennepin County Community Devel- opment Block Grant Program. Motion for adoption of the resolution was seconded by Member Richards. I Rollcall: Ayes: Bredesen, RLchards, Schmidt, Turner, Courtney Nays: None Resolution adopted. TASK FORCE REPORT ON LONG RANGE PLANNING DUE DATE QUESTIONED. question of Member Turner, Mr. Rosland said that he hoped that the Task Force Report on Long Range Planning would be ready before the 1983 Budget Hearings. action was taken. In response to a ' NO SOLAR PANELS, WINDMILLS, SATELLITE DISHES DISCUSSED. .of Member Schmidt, Mr. Rosland ssid that possibility of adopting an ordinance to regulate solar panels, windmills and satellite dishes in the City. In response to a concem he would have the staff research the No formal action was taken. SANITARY SEWERCONNECTIONS HC-SS-4 AND HC-SS-5 AUTHORIZED ON 100% PETITION, Be- ing advised by Mr. Rosland that 100% petitions have been received for construc- tion of house connections for sanitary sewers at 5400 Aker Lane (Lot 1, Block-2, Parkwood Knolls) and at 5305 Blake Road (Lot 7, Block 1, Emerald Woods Addition) Member Schmidt offered the following resolution and moved .its adoption: RESOLUTION ORDERING SANITARY SETJER CONNECTIONS HC-SS-4 AND HC-SS-5 I UPON PETITION THEREFOR BE IT RESOLVED by the City Council of the City of Edina, Itlinnesota, as follows: 1. It is hereby found and determined that petitions have beeii filed req,uesting the Council to construct sanitary sewer improvement connections at the following locations : 1. 2. Lot 1, Block 2; Parkwood Knolls (5400 Akers Lane - Mrs. B. A. Dvorak) Lot.7, Brock 1, Emerald Woods Addition (5305 Elake Rd. - Eir. A. T. Leonard) and to assess the entire cost of.the improvements against the property of the petitioners, and that said petitions have been signed by all owners of real pro- perty where said imp.rovements are to be located. 2. ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, C'napter 525, Section 2). shall be referred to in all subsequent proceedings as follows: No. 1 Above - SANITARY SEWER CONNECTION NO. HC-SS-4 No. 2 Above - SANITARY SEWER CONNECTION NO. HC-SS-5 The making of said improvements in accordance with said petition is hereby Said improvements are hereby designated and The entire cost of said improvements is hereby ordered to be assessed against said lots where said improvements are to be located. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Nays: None Resolution adopted. . Ayes: 'Bredesen, Richards, Schmidt, Turner, Courtney 1981 AUDIT CONTINUED TO NEXT MEETING. review of the 1981 Audit until August 16, 1982. Member Bredesen asked that Mr. Dalen comment on Note 112 at that time. It was informally decided to continue POSSIBLE ABOVE GROUND SWIMMING POOL VARIANCE DISCUSSED. InL response to. a question of Member Richards regarding the requested variance for 6430 Mildred Ave., which variance was referred to in the Building Board of Appeals and Adjustments, City Attorney Erickson said that, if the variance was granted, it must be appealed or else it would become final. staff appeal the variance if it should be granted. would so advise Mr. Bahneman. No formal action was taken. Mr. Richards asked that the Mr. Rosland said that he FIRST SOUTHDALE NATIONAL BANK OF EDINA ASSIGNMENT OF SECURITIES APPROVED. Mem- ber Richards offered the following resolution and moved its adoption: 8/2/82 RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND BE IT RESOLVED that the City Council of the City of Edina, Minnesota, approves the assignment by its depository, the First Southdale National Bank of Edina, of the following securities as good and sufficient collateral for the City of Edina Public Funds deposited in said depository:- DESCRIPTION RATE DUE PAR VALUE (FIRST SOUTHDALE NATIONAL BANK OF EDINA) - White Bear Lake ISD #624 MN 3.100 02-01-83 $ 10,000.00 Pennsylvania Var Purp 6.750 03-0 1-84 100,000.00 Baltimore Co Maryland Var Purp 5.900 09 -01-86 100,000.00 Yo10 Co Calif Flood Control Di St #4 4.750 02-01-87 100,000.00 Cowlitz Co Wash Var Purp 5.100 07 -0 1-90 20,000 .oo Baltimore Var Purp 5.900 10-1 5 -9 3 200,000.00 Anne Arundel Co Md Var Purp 5.700 02-01-94 200,000.00 Burnsville tiinn Var Purp 5.700 02-01-94 is0 , ooo .oo Plymouth MN Var Purp 5.250 03-01-85 50,000 .OO Osseo MN ISD #279 5.750 01-01-94 150,000.00 Deer River ISD 8317 MN 5.750 02-0 1-9 4 50 , 000 .OO Hawaii Var Purp 5.900 02 -0 1-9 4 150,000.00 Essex Co. New Jersey 6.600 06-0 1-94 150,000.00 Beaver Co PA PHA 5.250 06-0 1-95 50 , 000 .OO TOTAL $1 , 480,000 .OO Motion for adoption of the resolution was seconded by Member Turner. F rn a 0 Nays: None m Resolution adopted. Ayes : Bredesen, Richards , Schmidt , Turner, Courtney FIRST BANK MINNEAPOLIS ASSIGNMENT OF SECURITIES APPROVED. Member Richards offered the following resolution and moved its adoption: a RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND (FIRST BANK MINNEAPOLIS) BE IT RESOLVED that the City Council of the City of Edina, Ennesota, approves the assignment by its depository, First Bank Minneapolis, of the following securities as good and sufficient collateral for the City of Edina Public Funds deposited in said depository: $70,000.00 Motion for adoption of the resolution was secclnded by Menber Turner. Sandy City Ut Ser 1974 Wtr Imp Rev Bd @ 6.25 due 01-01-85 Rollcall : Nays: None Resolution adopted. ' Ayes: Bredesen, Richards, Schmidt, Turner, Courtney CLAIMS PAID. Motion of Member Schmidt was seconded by Member Turner for pay- ment of the following Claims as per Pre-List: enue Sharing Fund, $225,000.00; Park Fund, $94,658.25; Art Fund, $12,176.11; Park Construction, $2,719.01; Swimming Pool, $3,870.69; Golf Course, $33,228.75; Recreation Ceriter, $51,577.37; Gun Range, $20.00; Water Fund, $19,152.91; Sewer Fund, $4,840.94; Liquor Fund, $486,769.68; Construction . Fund, $162,712.22; PIR Fund, $5,566.00; IBR Fund, $685,505.18; IBR Fund #2, $11,507.40; Total, $2,357,654.59 General Fund, $558,350,08; Rev- Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Nays: None Motion carried. No further business appearing, Nember Bredesen's motion for adjournment was seconded by Member Bredesen's motion for adjournment was seconded by Member Schmidt and unanimously carried. Adjournment at 7:45 p.m. k3_jh/ City Clerk