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HomeMy WebLinkAbout19851202_regularMINUTES OF THE REGULAR NEETING OF THE DECEMBER 2, 1985 EDINA CITY COUNCIL HELD AT CITY HALL Answering rollcall were Members Bredesen, Richards, Turner and Mayor Courtney. MINUTES of the Regular Meeting of November 18, 1985 were approved as corrected and the Minutes of the Special Meeting of November 13, 1985 were approved as submitted by motion of Member Turner, seconded by Member Bredesen. Ayes: Bredesen, Richards, Turner, Courtney Motion carried. PRELIMINARY PLAT APPROVAL FOR LOT 23 AND PART OF LOT 22, EDINA HIGHLANDS (BARBARA FEILER) DENIED BASED ON FINDINGS, DECISIONS AND REASONS. Larsen recalled that the public hearing on preliminary plat approval for a sub- division of Lot 23 and the north 103.5 feet of Lot 22, Edina Highlands was held at the Council Meeting of November 18, 1985. requested that staff prepare draft findings, decisions and reasons. Mr. Larsen advised that the findings would support denial of the subdivision. No comment being heard, Member Bredesen made a motion to deny the proposed subdivision as recommended by the Community Development and Planning Commission, based on the Findings, Decisions and Reasons as presented by staff (copy attached). Motion was seconded by Member Turner. Planner Craig At that meeting the Council had Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Motion carried. HEARING DATE SET FOR PLANNING MATTERS. Motion of Member Bredesen was seconded by Member Turner, setting December 16, 1985 as hearing date for the following planning matters: 1) 2) 3) Zoning Change - PRD-4 Planned Residence District to PSR-4 Planned Seniors District and Preliminary Plat Approval - Grandview Development Company Final Development Plan - Honeywell, Inc. - 5901 So. County Road 18 Preliminary Plat Approval - Steiner, Gilason - 4301-05 W. 62nd Street - Lots 41 and 42, South Harriet Park. Ayes: Bredesen, Richards, Turner, Courtney Motion carried. VACATION OF UTILITY EASEMENT GRANTED CONDITIONALLY FOR EDINBOROUGH ADDITION. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Engineer Fran Hoffman explained that the Edina HRA has petitioned the City to vacate a utility easement along the west lot line of three underlying lots in the Edinborough Addition plat. approved the vacation subject to an easement being granted to protect the existing overhead line serving the MNDOT highway lights. that NSP be contacted regarding the relocation of the overhead line. would therefore recommend that the utility easement be vacated, subject to final relocation of the NSP facility. Richards introduced the following resolution and moved its adoption, subject to it not being recorded until after the NSP facility has been relocated: Northern States Power Company (NSP) has Mr. Hoffman suggested Staff No objections being heard, Member RESOLUTION VACATING EASEMENT FOR UTILITY PURPOSES WHEREAS, a resolution of the City Council, adopted the 4th day of November, 1985 fixed a date for a public hearing on a proposed vacation of easement for utility purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 2nd day of December, 1985, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described easement is hereby vacated: Utility easement shown in the plat for Meadow Lane I1 Addition on that part of Lots 11, 12, 13, Block 1, Meadow Lane I1 Addition lying westerly and southwesterly of the centerline of York Avenue South; 12 / 2 / 85 40 and that the City Clerk is authorized and directed to cause a notice of comple- tion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Resolution adopted. I BID AWARDED FOR SNOW PLOW CUTTING EDGES. cutting edges showing Paper Calmenson at $5,453.47 (Hennepin County low bid) and recommended award thereof. Richards for award of bid for snow plow cutting edges to Paper Calmenson at Mr. Rosland presented bid for snow plow Motion of Member Bredesen was seconded by Member $5,453.47. Ayes: Bredesen, Richards, Turner, Courtney Motion carried. BID ATJARDED FOR HANDICAPPED RESTROOM FOR EDINA ART CENTER. tabulation of bids for a handicapped accessible restroom in the lower level of the Edina Art Center showing Peak Construction Company at $8,675, Crawford-Merz Construction Company at $8,900 and Lars Hassel Construction at $9,000. Turner's motion was seconded by Member Bredesen for award of bid to recommended low bidder, Peak Construction Company, at $8,675.00. Mr. Rosland presented Member Ayes: Bredesen, Richards, Turner, Courtney Motion carried. ON-SALE WINE LICENSE APPROVED FOR EMPRESS RESTAURANT. Mr. Rosland stated that the on-sale wine license application for the Empress Restaurant has been investi- gated by the Police, Health and Planning Departments and that issuance of an on-sale wine license is recommended conditioned upon approval by the State of Minnesota. No comment being heard, Member Turner made a motion to approve the issuance of an on-sale wine license to the Empress Restaurant. was seconded by Member Richards. Motion for approval Ayes: Bredesen, Richards, Turner, Courtney Motion carried. Member Richards commented that at the end of the first year of wine licensing we obtain feedback from the licensees as to the process. Member Turner added that she would like to see what impact wine licenses have had on neighborhoods and on cost to the City to see if we have missed anything in the way the ordinance was written. Mr. Rosland said that we could look at those issues after the first year of licensing. (Member Kelly entered the meeting at this point on the agenda - 7:lO p.m.) &It4 STUDY OF METROPOLITAN SIGNIFICANCE REVIEW PROCESS DISCUSSED. Mr. Rosland recalled that the Association of Metropolitan Municipalities (AEIM) will be studying the Metropolitan Significance- Review process which is conducted by the Metropolitan Council for proposed developments that will affect the metro area, and that at its last meeting, the City Council indicated the need to discuss the MSR process as to offering comments to the AMM regarding Edina's recent experience with the Homart Development. In response, a memorandum relating the Homart experience and analyzing the procedure has been prepared for Council's review. The Council Members then discussed issues which were identified in the Homart experience including segmentation and exemption, unwillingness of the Metropolitan Council to accept the responsibility for making a decision, the role of the Metropolitan Council and the cost to Edina in pursing the MSR process. It was agreed that staff draft a letter for the Mayor's signature conveying the Council's comments to the AMM, the Metropolitan Council Chair, with copies to our state legislators. 1986 COUNCIL WORK PLAN REVIEWED. Mr. Rosland asked for the Council's comments regarding the 1986 Council Work Plan that was distributed to them recently. He-stated that a Council calendar is being prepared which will reflect meeting dates, etc. After some discussion, it was informally agreed that the timetable for the issue of services and service levels should be advanced so that the Council could develop and adopt policies on the issue before the 1987 Budget heqrings. With regard to the issue of the role of the City Council, the matter of a facilitator for the Council workshop was discussed and it was suggested that staff obtain other names of individuals who might serve in that capacity. It was concluded that the Council approved the 1986 Council Work plan as presented with the exception that the timetable for the services and service levels be advanced as suggested. 12 /2 / 85 41 RESOLUTIONS ADOPTED FOR PLAN APPROVAL/AGREEMENT/STATE .AID FUNDING FOR TRAFFIC SIGNALS AT COUNTY HWY NO. 18 AND LONDONDERRY DRIVE. Mr. Hoffman explained that it is necessary for the Council to adopt various resolutions for plan approval and agreement for participation in construction of traffic signals at County Road 18 and Londonderry Road and for the appropriation of municipal State Aid funds. being a regular State Aid funding and $17,100.00 of State Aid funding appropriated to be expended on the county road system. will fund $34,200.00 as their normal participation. introduced the following resolutions and moved their adoption: WHEREAS, Plans for Hennepin County Project No. 8420 showing proposed traffic control signal installation at County State Aid Highway No. 18 and Londonderry Drive, within the limits of the City as a State Aid Project, have been prepared and presented to the City; NOW,,THEREFORE, IT IS RESOLVED that said plans be in all things approved. WHEREAS, Agreement for participation in the construction and operation of traffic control signal system on County State Aid Highway No. 18 at Londonderry Drive, Hennepin County Project No. 8420, Agreement No. PW 26-11-85 has been prepared and presented to the City; NOW, THEREFORE, IT IS RESOLVEDy that said Agreement be in all things approved. BE IT FURTHER RESOLVED, that the Mayor and Manager are authorized to sign Agreement No. PW 26-11-85, Hennepin County Project No. 8420. The estimated City participation is $34,200.00'with $17,100.00 He pointed out that Hennepin County Member Bredesen thereupon RESOLUTION ' RESOLUTION RE SOLUTION APPROPRIATION OF MUNICIPAL STATE AID FUNDS TO. C.S.A.H. PROJECT WHEREAS, it has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction project located on C.S.A.H. No. 18 within the limits of said municipality, and WHEREAS, said construction project has been approved by the Department of Highways and identified in its records as 27-618-54, M.S.A.P. 142-128-05, M.S.A.P. NOW, THEREFORE, BE IT RESOLVED: That we do hereby appropriate from our Municipal State Aid Street Funds the sum of $17,100,00 to apply toward the construction of said project and request the Commissioner of Highways to approve this authori- zation. Motion for adoption of the resolutions was seconded by Member Kelly. i20-161-02 , 120-020-18 ; Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolutions adopted. HENNEPIN COUNTY MEMBER AT LARGE APPOINTMENTS FOR 1986 DISCUSSED. Mr. Rosland called the Council's attention to a list of all member-at-large appointments for Hennepin County committees that are due to expire in 1986 and asked for comments or recommendations. Member Turner asked that Manager call the two Edina residents, Raymond O'Connell (Library Board) and Jim McWethy (Minnehaha Creek Watershed District Board) to see if they are interested in another term and if they so indicated to then draft a letter for the Mayor's signature recommending their re-appointment to the Hennepin County Board. mentioned that a vacancy exists on the Community Action for Suburban Hennepin Board (CASH) for an elected official. Member Kelly and Mayor Courtney said they may be interested in the position. Member Turner No formal action was taken. AMENDMENT TO JOINT AND COOPERATIVE AGREEMENT/SWSCC APPROVED. Mr. Rosland advised that when the Joint and Cooperative Agreement was entered into by each of the cities in the Southwest Suburban Cable Commission for operation of the joint cable franchise, each community was to contribute $2,500.00 with the balance of the costs to be split proportionately. This initial annual contribution was inadvertently overlooked and the cities now are re- quested to approve an amendment to the Joint and Cooperative Agreement to provide for this contribution. resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina that is hereby approves the First Amendment to that certain Joint and Cooperative Agreement now existing and entered into between the Cities of Edina, Eden Prairie, Minnetonka, Richfield and Hopkins, Minnesota, to create the Southwest Suburban Cable Commission; BE IT FURTHER RESOLVED that the Mayor and Manager are hereby directed and authorized to execute the First Amendment for the City of Edina. Motion for adoption of the resolution was seconded by Member Turner. Member Bredesen introduced the following Rollcall : Ayes: Bredesen, Kelly, Turner, Courtney Abstained: Richards Resolution adopted. 12/2/85 .. 42 SNOW PLOWING FOLLOWING RECENT STOREi COMMENDED. snow plowing crews for their efforts following the Thanksgiving weekend storm. Member Richards concurred that they had done an excellent job. He reported that he had received a request from Jim Grotz, 5513 Park Place, to have Dever Drive plowed. Mr. Grotz. and commented that they are a dedicated group of employees far beyond the norm. Member Kelly commended the City's Mr. Rosland said that staff would take care of it and would contact He also commended the crews for an excellent job of snow plowing, TAX REFORM THREAT TO TAX-EXEbPT STATUS OF IfUIlICIPAL BONDS NOTED. Mr. Rosland called the Council's attention to memorandums from the League of Minnesota Cities - I regarding a tax reform threat to tax-exempt status of municipal bonds and suggested that the Council Members discuss this issue at their December 16 meeting. No formal action was taken. RESOLUTION ADOPTED REGARDING EDINA FOUNDATION BOARD TERMS AND ELIGIBILITY. Mr. Rosland recalled that at the Council Meeting of July 1, 1985, James Van Valkenburg, President of The Edina Foundation, had been present and explained that the Board was attempting to clarify the membership selection and terms of the Foundation's Board of Directors. The Council had at that meeting passed a motion that the Bylaws be amended to allow persons who live or work in Edina to serve on the Board and that the terms be staggered so that in any given year one representative each from the Council, the School Board and the membership be appointed. and the School Board's views had been prepared and recommended adoption thereof. Member Turner said that she had been informed that at its recent meeting the School Board had approved the resolution with the provision that all nine directors live in the City of Edina on a 5 to 1 vote. the residency issue, Member Turner introduced the following resolution and moved its adoption: RESOLUTION WHEREAS, The Edina Foundation Board of Directors on November 7, 1985, did reaffirm its position regarding membership and appointment thereto of the Board of Dir- ectors; and WHERFAS, it is the intention of The Edina Foundation that its members be selected as follows: 1. 2. 3. WHEREAS, The Edina Foundation has further resolved that Article 111. Section 3.02 of the By-Laws of The Edina Foundation be amended as follows: Nr. Rosland stated that a draft resolution reflecting the Council's Following considerable discussion on I Three (3) to be appointed by the Chair of the Edina School Board with the advice and consent of the Edina School Board. Three (3) to be appointed by the Mayor of Edina with the advice and consent of the Edina City Council. Three (3) to be appointed as members at large by the six (6) appointed in one and two above. "Section 3.02. Number, Qualification and Term of Office. The number of directors shall be nine (9). decreased to any odd number, but not less than three (3) by vote of the Board of Directors of the corporation, but any change in the number of Directors shall receive the approval, by Resolution, of the City Council of the City of Edina and the School Board of Independent School District Number 273 before such change becomes effective. The number of directors may be increased or The Directors currently serving, their terms, and entity appointing them are as follows: A. School Board of Independent School District Number 273: 1. Kay Bach 1986 2. Marilou Birkeland 1987 3. Glenn C. Smith 1988 1. Robert Sherman 1986 2. James Van Valkenburg 1987 3. John Skagerberg 1988 1. Lyle Bing 1986 2. Betty Hemstad 1987 3. R. Bruce Kobs 1988 B. City Council of the City of Edina: C. Appointed by the Directors of The Foundation: All subsequent directors shall be appointed or reappointed for three (3) year terms . Each Director shall hold office until the third annual meeting of the members hext following his or her selection, or election, and until his or her successor shall be elected and shall qualify, or until he or she shall have been removed in a manner hereinafter provided. No person shall be eligible to serve more than ten (10) consecutive years as a Director of this corporation, and upon completion of a period of service as a Director of this corporation, a person may not again serve as a Director within one year. 12/21 85 43 I P cy) Lo I 5 m I I Persons who would be described in Section 4946 (2) (1) (A) or (C) through (G) of the Internal Revenue Code of 1954, as now enacted or as here- after amended, if this corporation were a "private foundation" as defined in Section 509 (a) of the Internal Revenue Code of 1954, as now enacted or as hereafter amended, shall never constitute more than one-third of the Directors of this corporation; and such persons, together with representatives of banks or trust companies which serve as trustees, investment advisors, custodians, or agents for or with respect to funds of or held for the benefit of this corporation, shall never constitute more than one-half of the Directors of this corporation. The nine (9) Directors shall be residents of Edina." WHEREAS, Article XI11 of the By-Laws of The Edina Foundation provides that no amendment of Section 3.02 shall be made without the approval, by resolution, of both the School Board of Independent School District Number 273 and the City Council of the City of Edina; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City OE Edina that it hereby approves the amendment to Section 3.02 as stated heretofore; and BE FURTHER RESOLVED that a copy of this resolution be forwarded to The Edina Foundation for inclusion in its corporate records. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Turner, Courtney Nays: Kelly, Richards Resolution adopted. TAX FORFEITED LANDS DECLARED "NON-CONSERVATION AND FOR SALE". Mr. Rosland presented Hennepin County's List of Tax Forfeited Land dated October 9, 1985, Report No. PI421101, advising that the City has no interest in acquiring any of the parcels. Member Turner thereupon introduced the following resolution and moved its adoption: RESOLUTION WHEREAS, the City Council of the City of Edina has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of property taxes, which said list is dated October 9, 1985, Report No. PI421101; and WHEREAS, each parcel of land described in said list has heretofore been classi- fied by the Board of County Commissioners of Hennepin County, Minnesota as non- conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED by said City Council, acting pursuant to Minn- esota Statute 282, and the said classification by said Board of County Commissioners of each parcel of land described in said list as non-conservation land be and the same is hereby approved, and that the sale of each such parcel of land be and the same is hereby approved. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. ORDINANCE NO. 902-A2 ADOPTED (EXPIRATION OF ON-SALE LIQUOR LICENSES); SECOND READINGWAIVED. Mr. Rosland explained that State Statute 320.11, Subd. 16 provides that all intoxicating liquor licenses issued by a municipality shall expire on the same date and that to accomplish this it is recommended that the City adopt an amendment to Ordinance No. 902 whereby every intoxicating liquor license shall expire at 12:Ol A.M. on the July 1 following its date of issuance. letter and have also been told of the increase of fee necessitated by the issuance of on-sale wine licenses. No comment being heard, Member Bredesen introduced the following ordinance and moved its adoption, with waiver of Second Reading: He noted that the country clubs have been advised of this change by ORDINANCE NO. 902-A2 s AN ORDINANCE AMENDING ORDINANCE NO. 902 TO PROVIDE THAT ANNUAL ON-SALE LIQUOR LICENSES SHALL EXPIRE ON THE 1ST DAY OF JULY FOLLOWING THE DATE OF ISSUANCE THEREOF THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Sec. 9 of Ordinance No. 902 is amended by adding the following "Every license issued under this Sec. 9 shall expire at 12:Ol A.M. on thereto : the July 1 following its date of issuance. issued pursuant to this Sec. 9 and which are scheduled to terminate on April 1, 1986, may be extended by the City Council so as to have a termination Licenses which have been duly 12/2/85 44 date of 12:Ol A.M. on July 1, 1986, provided that a request for extension shall be accompanied by all application data, fees, bonds, and certificates of insurance required by this ordinance for the issuance of a license. upon its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Sec. 2. This ordinance shall be in full force and effect immediately Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Ordinance adopted. 4 ATTEST : c7iw 3& %/Wk City Clerk a CLAIMS PAID. of the following claims dated 12/2/85: Fund $30,761.15, Art Center $914.45, Golf Course Fund $134,597.72, Recreation Center Fund $13,694.79, Gun Range Fund $638.40, Utility Fund $2,138,816.33, Liquor Dispensary Fund $1,752.08, Construction Fund $118,944.29, IMP Bond Redemption #2 $1,106,061.17, Total $4,313,288.27. Motion of Member Turner was seconded by Member Kelly for payment General Fund $757,107.89, Working Capital Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. There being no further business on the agenda, Mayor Courtney declared the meet- ing adjourned at 8 :15 p .m. %& %.a City Clerk MINUTES OF THE SPECIAL MEETING OF THE EDINA CITY COUNCIL HELD DECEMBER 9, 1986 The Edina City Council held a Special Meeting on December 9, 1985 at 7:OO p.m. at the Edina City Hall for the purpose of discussing and considering Accessory Uses as allowed by City ordinances. Answering rollcall were Members Kelly, Turner and Richards, who presided as Mayor Pro-Tem. . COUNCIL WORK CALENDAR FOR 1986 DISCUSSED. to direction by the Council a proposed Council Work Calendar 'for 1986 has been prepared to facilitate'the 1986 Council Work Plan. Tentative dates were discussed and informally agreed upon, following which staff was directed.to prepare a calendar reflecting those dates to bring back to the Council at its meeting of December 16, 1985. Mr. Rosland stated that according YEAR-END COUNCIL NEETING DATE SET FOR DECEMBER 30, 1985. Motion of Member Turner was seconded by Member Kelly setting December 30, 1985 at 5:OO p.m. as the date for the Year-End Council Meeting. Ayes: Kelly, Turner, Richards Motion carried. ACCESSORY USES ALLOWED BY CITY ORDINANCES DISCUSSED. The Council Members reviewed and discussed a comprehensive list of Accessory Uses now permitted by City ordinances regarding structures and vehicles and permitted location. was directed to draft language reflecting the d'iscussion with regard to the following: Dog/Pet Enclosure, Wind Generators & Solar Collectors, Emergency . Power Generators & Air Conditioner Compressors, Skateboard Ramps, Playground Equipment, Playhouses/Forts/Treehouses and Recreational Vehicles. Mr. Rosland stated that the proposed language regarding these issues would be brought back to the Council in early 1986 with suggested dates for public hearings thereon. Staff 'No formal action was taken. There being no further business on the agenda, the meeting was adjourned at 9:35 p.m.