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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