HomeMy WebLinkAbout19871116_regularI
64 MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
NOVEMBER 16, 1987
Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney.
CONSENT AGENDA ITEMS ADOPTED. Motion of Member Kelly was seconded by Member Smith
to approve and adopt the consent agenda items as presented, with the exception of
the removal of item VI1.A.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
*MINUTES OF THE SPECIAL MEETING OF OCTOBER 12 AND REGULAR MEETING OF OCTOBER 19,
1987 APPROVED. Motion of Member Kelly was seconded by Member Smith for approval
of the minutes of the Special Meeting of October 12 and Regular Meeting of
October 19,. 1987.
Motion carried on rollcall vote, five ayes.
Mayor Courtney convened a joint HRA/Council meeting for the public hearing on the
Parking Ramp Addition - West 51st Street (Agenda item 1II.A).
PUBLIC HEARING CONDUCTED ON PARKING RAMP ADDITION (WEST 5iST STREET): PROJECT
AUTHORIZED (IMPROVEMENT NO. P-PlB). Affidavits of Notice were presented by Clerk,
approved and ordered placed on file: Gordon Hughes, Assistant Manager, recalled
that on September 14, 1987 the Council approved the Final Development Plan of
Cineplex Corporation for expansion of the Edina Theatre at 3911 West 50th Street.
The approval was conditioned on the expansion of the 51st Street parking ramp by
way of the addition of a third parking level containing 111 spaces.
portion of the cost of the expansion may be financed by special assessments a
project hearing was scheduled and notices were sent to all property owners in the
50th and France commercial area who potentially could be assessed for the ramp
cost.
Associates, the City's ramp consultants. Staff also requested the consultants to
estimate the cost of upgrading the easterly and southerly facade of the new level
as well as the existing levels of the ramp.
sides is estimated to cost $78,000 which would increase the overall project cost
to $760,000. Staff recommended the inclusion of the facade upgrading as part of
the project. As requested by the Council on September 14, 1987, staff has put.
together several alternatives for the potential assessment which are the most
feasible.
assessment equal to 20% of ramp expansion costs. This is consistent with the
original 50th & France assessment percentage as well as the policy followed
recently with the Grandview ramp: Cineplex Assessment - $152,000, Tax Increment
Financing $608,000, Total $760,000.
special assessment with its expected parking demand.
Barton-Aschman's parking analysis the theatre expansion will demand 33 additional
In that a
The estimated cost for the ramp expansion is $682,000 according to Walker &
Adding a brick facade to these two
Alternative #1 - Based upon Cineplex Odeon's offer to accept a special
Alternative #2 - Attempts to tie Cineplex's
According to
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. r. parking spaces during matinees which occur coincidentally with peak commercial
district parking demand. Thirty-three spaces equal 30% of the'ramp expansion.
Therefore, Cineplex should bear 30% of the expansion cost: Cineplex Assessment -
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$228 000, Tax Increment Financing $532,000, Total $760,000.
ProvlGes that all commercial district properties should bear a portion of the ramp
expansion costs.
cost, the following alternatives are possible:
Alternative #3 -. -
Assuming that these properties should be assessed 20% of the
- A B
Cineplex (20%) $152,000 Cineplex (30%)- $228,000
Commercial Area (20%) 152,000 Commercial Area (20%) 152,000
Tax Increment 456.000 Tax Increment 380.000
$760,000 $760,000
Alternative #4 - Based on the concept that sufficient tax increments are now and
will be generated to finance the parking ramp expansion in its entirety.
tax increment financing cannot be used for maintenance purposes.
presently budgets approximately $45,000 annually for ramp maintenance and
electricity expenses at 50th & France. Under this alternative, the special
assessment against Cineplex would be applied against the City's maintenance
expenses rather than against the HRA's ramp construction costs.
of assessment could still be based on the amounts suggested in Alternatives #1 and
#2.
stable revenue source for maintenance purposes.
rate would result in the following annual payments:
However,
The City
The total amount
However, the term of the assessment could be lengthened to provide a more
A 20-year term and 9% interest
Assessment Amount Annual Pavment
$152,000 $16,651.60
228,000 24,977.00
Staff recommendation is that Alternative #4 be selected based upon a total
Cineplex assessment of $228,000 and that the project be approved, subject to an
executed agreement from Cineplex Odeon Corporation consenting to the assessment
and waiving right of appeal. In conclusion, Mr. Hughes noted that Peter Kofman,
representing Cineplex Odeon Corporation, and Perry Anderson, representing the 50th
and France Business & Professional Association, were present to answer questions.
Commissioner/Member Kelly asked if the tax increment money would be needed for any
other project in the district and if so could the district support both at the
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same time.
additional parking as pointed out by the 50th & France merchants at the meeting of
September 14. Because of the present excess increments the present ramp expansion
would be paid off relatively quickly with increments remaining for future projects
and if the ramps were of approximately the same cost, the district could support
both projects.
the value of the theatre expansion itself which would increase the figures. There
is also a policy question to be considered and that is should the district stay in
existence. Commissioner/Member Kelly stated that she believed that the district
should stay in existence; that what the City is doing at 50th and France is what
the tax increment district was originally designed to do and that the 50th and
France commercial area is vitally important to the community.
support assessment Alternative #4.
now has the ability to assess the property owners at 50th and France for ramp
maintenance costs. She recalled that from time to time at budget hearings the
Council has talked about the approximately $40-50,000 cost of maintaining the
ramps. Responding, Mr. Hughes said that after completion of the redevelopment
project the City adopted an ordinance in 1976 that was inclusive in nature and
permitted the Council on an annual basis to assess maintenance costs
(e.g. landscaping, maintenance of ramps, snow removal, lighting) back to the
property owners within the 50th & France Commercial Area.
Kelly commented that the issue is should the business/commercial property owners
pay for the cost of ramp maintenance or should the people who use the ramps also
contribute to the cost.
philosophical questions.
District then the whole City is paying all of the costs and none of the benefitted
property owners are paying.
pays for the maintenance - those specially benefitted or the whole City that is
benefitted - and how the cost is proportioned.
public comment on the proposed project. Alice Holmberg, The Lanterns
Condominiums, said she was concerned about the increased traffic that would occur
and wked if any provisions were being made for pedestrians, especially in the
winter months with the buildup of ice and snow, to get to the stores.
Hoffman explained that the ramp project proposed would be construction of an
additional level and would not change pedestrian access to the 50th and France
area.
Traffic Safety Committee. Dick Moberg, representing a partnership that owns
property just east of the theatre and adjacent to the parking ramp, stated that
they favored the ramp project but were concerned about the following: 1) Ramp
parking provides traffic to a number of businesses on the east side of the ramp
(France Avenue).
construction of both the theatre and the ramp expansion so that those businesses
are not affected negatively; 2) Trash removal - provision should be made for
access to a dumpster, presently located in the ramp, during construction, 3)
Completion time of construction projects - because retail business is seasonal
with spring and fall the busy seasons, the projects should be timed so as to have
minimal impact on retailers. In reply, Engineer Hoffman said that for the ramp
construction the pedestrian traffic could be routed around the construction area
and the trash dumpster could be relocated. With regard to the theatre expansion
project, it will be difficult to keep the access to 50th Street open without some
special provision. Peter Kofman, representing Cineplex Odeon Corporation,
reiterated the position of Cineplex Odeon as stated in his letter of November 12,
that they would favor either assessment Alternative #1 or Alternative #4 as their
contribution to the ramp expansion project.
received a telephone call from a resident of The Lanterns expressing concern that
the ramp addition will cut off daylight for those on the first floor.
Commissioner/Member Turner asked for a review of the data that had been presented
previously in support of the ramp expansion. Mr. Hughes said that at the meeting
of September 14 the Council had reviewed parking surveys for several time periods
from 1978 to the Fall of 1987. Those counts were combined with some estimates
done by a consulting engineer for the theatre that predicted the amount of parking
demand that will result from the theatre addition. It was the conclusion of that
report that the theatre, particularly during matinees, would generate enough
demand for parking at the same time as the business community has need for parking
resulting in more demand than supply. The City’s parking ramp consultant was also
asked to look at other parking alternatives: 1) construction of a parking deck
above Clancy‘s parking lot, and 2) construction of a parking deck above the 49 1/2
Street parking lot. Concerns regarding those alternatives were that a parking
deck above Clancy’s lot would only produce an increase of 36 spaces and the
parking deck above the 49 1/2 Street would produce 82 new spaces but would create
a traffic congestion problem at the intersection with the access to Clancy’s lot
and the north ramp.
additional parking was needed because of the theatre expansion that it would best
be accomplished by an expansion of the ramp on 51st Street.
Lanterns, questioned the assumption that more people will come to the theatre if
it is expanded and said that more people are looking at videos at home now. She
said that she has observed that the ramp is vacant most of the time. Mr. Hughes
explained that the studies generated by the theatre’s consultant were based on an
attendance survey, questionnaires and interviews with theatre patrons and we have
Mr. Hughes said that the only other potential need would be for
He pointed out that projected increments do not take into account
She said she would
Commissioner/Member Turner asked if the City
Commissioner/Member
Commissioner/Member Turner said there are a couple of
If all of the costs come out of the Tax Increment
The City has to take a look at the balance of who
Mayor Courtney then called for
Engineer
Commissioner/Member Kelly suggested that this concern be addressed by the
Pedestrian traffic must be maintained to those businesses during
Mayor Courtney reported that he had
Based on those facts, it was the recommendation that if
Margaret Ryan, The
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66
to rely on their predictions as to theatre occupancy. Their anticipated occupancy
of the four auditoriums was checked with the Southdale Theatre which is similar in
size and it was found that the percentages of occupancy predicted for the expanded
Edina Theatre were similar to what was actually experienced at Southdale.
concluded that the parking study accurately predicted what the parking demand will
be.
the ramp costs against residents of The Lanterns condominiums.
clarified that it is not proposed that any portion of the ramp construction costs
would be assessed against residents of The Lanterns.
commented that his concern was the proposed method of who pays for the parking
ramp expansion.
that there is no benefit as to the 50th & France corner.
mechanism now by which to assess maintenance and if the Council were to approve
assessment Alternative #4 it would take the capital assessment from Cineplex to
pay for the ongoing maintenance which would relieve the 50th & France commercial
properties from that annual maintenance obligation. Commissioner/Member Richards
said he that the theatre should bear an assessment for the ramp expansion for the
reason that this project is needed because of the proposed theatre expansion, that
the City has always use that method to finance this type of project, and that he
would support Alternative #3.
the assessment to the theatre should not be applied against ramp maintenance
expenses.
properties were being assessed for some of the ramp maintenance.
explained that expenses for the 50th & France area are paid by the following: 1)
the City annually assesses the commercial properties for extraordinary expenses
such as upkeep of walkways, replacement of tiles, etc.; 2) there is a General Fund
budget item for ramp maintenance, e.g. snowplowing, electricity; and 3) employees
of those businesses are charged a ramp parking fee and those fees in the pa'st have
paid for ramp improvements or repairs (e.g. south ramp renovation).
Commissioner/Member Turner commented that it was very appropriate for the City to
have established the 50th & France Tax Increment District because it benefitted
the whole City.
improvements in the district would be assessed 20% against benefitted properties
and the district would pay 80%.
Alternative #1 with the addition of assessing the maintenance costs of the ramps
against all the 50th & France commercial properties so that the annual amount of
the policy that has been used throughout the City in tax increment districts and
would appropriately balance the maintenance assessment against those benefitted.
The Council briefly discussed the issue of when the tax increment district should
be retired. Attorney Erickson opined that the district could be liquidated prior
to 1993 if sufficient tax increment funds were placed in a sinking fund with which
to pay off the outstanding bonds.
District was created prior passage of laws which make creation of districts more
difficult and less advantageous, he cautioned against releasing the district early
and then having to re-create another district because other projects, such as
additional parking, are needed. Following further discussion on the assessment
alternatives, Commissioner/Hember Smith moved adoption of the following
resaZx&ion, conditioned on execution of suitable agreements with Cineplex Odepn
Coxpoxation :
BE IT RESOLVED by the Housing and Redevelopment Authority (ERA) and Council of the
City of Edina, Minnesota, that the ERA and this Council heretofore caused notice
of hearing to be duly published and mailed to owners of each parcel within the
area proposed to be assessed on the following proposed improvement:
and at the hearing held at the the and place specified in said notice, the ERA
and Council has duly considered the views of all persons interested, and being
Wly advised of the pertinent facts, do hereby determine to proceed with the
construction of said improvement, including all proceedings which may be necessary
Zn eminent domain for the acquisition of necessary easements and rights for
construction and maintenance of such improvement; that said improvement is hereby
designated and shall be referred to in all subsequent proceedings as PARKING RAM€'
ADDITION IKPROVEMENT NO. P-P1B and that Cineplex Odeon Corporation shall be
specially assessed for 30% of the construction cost thereof with the remaining
cost to be paid by tax increment funds from the 50th & France Tax Increment
District.
Motion for adoption of the resolution was seconded by Mayor Courtney.
Staff
Catherine Buckman, The Lanterns, said she was opposed to any assessment of
Mr. Hughes
Commissioner/Member Richards
He said he felt this was a direct subsidy of private business and I The City has the
.
.
Commissioner/Member Smith said he concurred that
Member Kelly said it was her understanding that the commercial I Engineer Hoffman
The City also established a policy whereby the cost of
She stated she would support assessment
money coming from the General Fund would no longer be needed. This would continue I 1;
Because the 50th & France Tax Increment
RESOLUTION ORDERING PARKING RAMP ADDITION IHPROVEMEN'J! NO. P-P1B
PARKING RAMP ADDITION IHPROVEKEJ3T NO. P-P1B l
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Rollcall :
Ayes: Smith, Richards, Courtney
Nays: Kelly, Turner
Resolution adopted.
Commissioner/Member Turner said that the other policy issue remaining is
assessment of the ramp maintenance costs.
prepare background information for Council and that this be brought back for
discussion at the next meeting.
Engineer Hoffman suggested that staff
Motion of Commissioner Smith was seconded by Commissioner Turner for adjournment
of the ERA.
11/ 16/87
Ayes: Kelly, Richards, Smith, Turner, Courtney
HRA adjourned.
cu m m 72 m 5
PRELIMINARY REZONING TO R-2 DOUBLE DWELLING UNIT DISTRICT AND PRELIMINARY PLAT
APPROVED FOR LANDMARK HOME CORPORATION.
Clerk, approved and ordered placed on file.
request of Landmark Home Corporation for preliminary rezoning and preliminary plat
approval for property generally located north of the Crosstown Highway and north
and east of Vernon Court. He recalled that on March 16, 1987 the Council had
approved a final rezoning of the subject property to PRD-2 Planned Residence
District to allow construction of 15 townhouse units on the site. He advised that
construction has not commenced and that a new developer has obtained a purchase
agreement for the property and has submitted a new development proposal for
Council consideration. The new preliminary plat illustrates five double dwelling
unit lots and requests a rezoning of the property to R-2 Double Dwelling Unit
District.
square feet in size and average approximately 130 feet in width and range from 160
to 200 feet in lot depth.
as to lot width and lot area.
typical building proposed for the development and units will be designed so that
garage doors are not visible from the street. Planner Larsen said that the
proposed preliminary plat illustrates two outlots. Outlot A is separated from the
main tract as a result of construction of the Vernon Court roadway and thus is
shown as an outlot. Outlot B which is adjacent to City open space, Krahl Hill, is
proposed as subdivision dedication for the plat. The proposed development concept
is one suggested by staff to the proponent of the earlier development and staff
believes it is superior to the townhouse concept for this site. The proposed lots
are slightly wider and deeper on average than those in the Gleason Court double
bungalow development to the east.
Commission considered the proposal at their meeting of October 28, 1987 and
recommended rezoning and preliminary plat approval, subject to: 1) final rezoning,
2) final plat approval and 3) subdivision dedication. The Planning Commission
considered specifically the subdivision dedication and recommended that land in
lieu of cash be considered for this property (Outlot B).
based their recommendation on the fact that only one side of Vernon Court would
bear all the special assessments for cost of improvements and that in their
opinion this was a superior use of the land over the earlier proposal. Planner
Larsen concluded his comments by noting that John Sopher, representing Landmark
Home Corporation, was present to answer questions. Mayor Courtney asked if the
City would use Outlot B in any way which is proposed as dedication in lieu of
cash. Mr. Larsen explained that it would only serve as open space to be added to
the Krahl Hill open space.
about the development of this property because of the monetary participation of
citizens in the area when Krahl Hill was purchased by the City some years ago for
open space. Because the area residents have been concerned about the development
of the subject property she felt this was a unique situation and that the proposed
land dedication would be acceptable.
addition to Krahl Hill would not give the area residents any more buffer than what
they were so concerned about.
ur.:-iss would be citizens of Edina and would benefit from the park system and that
he felt the subdivision dedication should be a cash donation.
presumed the unpaid special assessments were taken into account when the property
was on the market. John Sopher, representing Landmark Home Corporation, addressed
the Council and stated that the special assessments are high because the cost of
the street was excessive. The Planning Commission recommended the proposed land
dedication in lieu of cash because they felt this proposal was superior to the
development proposed by Robert Hanson. He added that the land dedication would
facilitate the development and make it possible. Attorney Erickson pointed out
that subdivision dedication is decided at the time of final plat approval, that
the Council has the choice as to land or cash, and that one of the criteria for
land dedication is whether the land adjoins an existing park or open space. No
further comment being heard, Member Richards moved preliminary rezoning to R-2 and
preliminary plat approval, subject to: 1) Final rezoning, 2) Final plat approval,
and 3) Subdivision dedication, with First Reading of the ordinance and adoption of
the resolution as follows:
Affidavits of Notice were presented by
Planner Craig Larsen presented the
The proposed lots range in size from 21,800 square feet to 26,100
411 of the proposed lots exceed Ordinance requirements
The developer has submitted an elevation of a
The Community Development and Planning
The Planning Commission
Member Kelly commented that she has been concerned
Member Richards pointed out that this
He said that the owners of the proposed double
He added that he
ORDINANCE NO. 825-A21
AN ORDINANCE AIENDING THE ZONING ORDINANCE (NO. 825)
BY REZONING PROPERTY TO R-2 DOUBLE DWELLING UNIT DISTRICT
FROM PRD-2 PLANNED RESIDENCE DISTRICT (PRD-2)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
the following thereto:
Section 1.
"The extent of the Double Dwelling Unit District (R-2) is enlarged by the
addition of the following property:
That part of the Northeast Quarter of the Northwest Quarter of Section 6,
Township 116 North, Range 21 West of the 5th Principal Meridian, described
as follows: Beginning at the Northwest comer of said Northeast Quarter of
the Northwest Quarter; thence South along the West line of said Northeast
Quarter of the Northwest Quarter a distance of 709.1 feet more or less to a
Section 6 of Ordinance No. 825 of the City is amended by adding
11/16/87
68
point which is distant 814.5 feet North of the Southwest corner of
said Northeast Quarter of the Northwest Quarter; thence Easterly on a
deflection angle to the left of 87 degrees 40 minutes a distance of
676.3 feet; thence North parallel with the West line of said Northeast
Quarter of the Northwest Quarter to the North line of said Northeast
Quarter of the Northwest Quarter; thence West along said North line to the
point of beginning, which lies Northeasterly of the Northerly line of County
RoadNo. 62.
The extent of the PRD-2 Planned Residence District is reduced by removing
the propem described above from the PRD-2 District."
Sec. 2. This ordinance shall be in full force and effect upon its passage and
publication.
RESOLUTION APPROVING PRELlXJXARY PLAT
FOR LANDMARK HOIB CORPORBTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "(Name to be determined)" platted by Landmark Home
Corporation, a Minnesota corporation, and presented at the special meeting of the
City Council of October 12, 1987, be and is hereby granted prelhinary plat
approval.
Motion for preliminary rezoning and plat approval was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
First Reading granted; resolution adopted.
FINAL PLAT APPROVED FOR EDINA HIGHPOINTE 2ND ADDITION (RON CLARK CONSTRUCTION).
Planner Craig Larsen presented the request of Ron Clark Construction for final
plat approval for property generally located west of Cahill Road and South of West
70th Street.
development plan approval by the Council at its meeting of October 19, 1987.
informed the Council that a developer's agreement has been executed by the
developer.
based on 9 new units for these reasons: 1) The southerly 40% of the property was
previously platted in the Findell 2nd Addition and at that time a subdivision
dedication fee was paid, and 2) The unplatted portion of the property was
developed with a dwelling unit; thus the net increase is 9 dwelling units. Staff
would recommend final plat approval subject to a subdivision dedication fee based
on a land value of $180,000.
plat approval and adoption of the following resolution, subject to payment of a
subdivision dedication fee of $14,400.00:
The subject proposal was granted preliminary approval and final
He
Although this is a 17-unit development, the subdivision dedication is
No objections being heard, Member Turner moved final
RESOLUTION APPROVING FINBL PUT FOR
EDINA HIGHPOINTE 2ND ADDITION .
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "EDINA HIGHPOINTE 2ND ADDITION", platted by R.E.C., Inc., a
Minnesota corporation, and American National Bank and Trust, a United States of
America corporation, and presented at the regular meeting of the City Council of
November 16, 1987, be and is hereby granted final plat approval.
Motion for adoption of the resolution was seconded by Member Kelly.
Rol lcall :
Aye;;: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted .
e
ORDINANCE NO. 102 (LIMITING TERMS OF SERVICE ON BOARDS/COMMISSIONS) GRANTED FIRST
READING. Manager Rosland recalled that at its meeting of November 2, 1987 the
Council had discussed the procedure for appointment of individuals to advisory
boards and commissions and had also discussed at length the issue of limiting
terms of service, which had been considered at various times during the last few
years.
shall be appointed or reappointed to any board of commission if that individual
draft ordinance regulates the Council's appointment process to all boards and
commissions, including those bodies which it does not directly control, e.g. South
Hennepin, and that it exempts certain individuals who by their official position
with the City serve on boards or commissions. Member Kelly commented that since
the last meeting she has given a lot of thought to this issue and that perhaps
there are some existing boards/commissions that should not fall under the
provisions of the ordinance because they are more of a working organization than
advisory.
alike and that the Council would have to believe that those groups who may lose
members would strive to get good replacements.
could not support the ordinance unless the Recycling Commission were an exception
to the limitation.
and recognized that it is difficult when thinking of the outstanding people we
have on our boards and commissions and knowing that there will be some individuals
whose terms will end because of the ordinance change.
philosophy was to give as many people as possible in this community the
opportunity to participate in government.
concerned about the effect on the Recycling Commission because they are an
organization that has involved itself in physical work.
The Council had directed the staff to draft an ordinance whereby no person
has served for a cumulative period of twelve or more years. He explained that the 1
However, she felt that all boards and commissions should be treated
Mayor Courtney stated that he
Member Turner commented that she would support the ordinance
She said her general
. Member Smith 'said that he also was
Member Kelly suggested
11/16/87
69
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that the ordinance should provide for someone to be reappointed following two
years after they had reached the limitation.
the Council has looked for is continuity on the boards/commissions and that if
individuals are still enthusiastic and doing a good job they should not be limited
as to years of serving.
motion to continue this matter to the next meeting so that the Council could
consider if any boards/commissions should be exempt from the limitation.
was seconded by Mayor Courtney.
Member Richards said that one thing
Following considerable discussion, Member Smith made a
Motion
Ayes: Smith, Courtney
Nays: Kelly, Richards, Turner
Motion failed.
Member Turner then moved First Reading of Ordinance No. 102 as follows:
ORDINANCE NO. 102
AN ORDINANCE LIMITING TERMS OF SERVICE OF INDIVIDUALS
APPOINTED BY THE CITY COUNCIL TO BOARDS, COWKISSIONS OR’COWMITTEES
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
by the City Council to any board, commission, committee or any other advisory or
legislative body if he or she has served on that board, commission or committee
for a cumulative period of twelve or more years (whether or not consecutive).
Sec. 2. Exceptions. Members of the City Council and employees of the City of
Edina, who by virtue of their employment with the City are appointed by the City
Council to boards, commissions and committees, shall be exempt from the provisions
of this ordinance.
error or inadvertence in violation of this ordinance shall yet be deemed validly
appointed and all action taken by such person in the position to which he or she
is appointed shall be valid, but such person may be discharged and a new
appointment or reappointment made at the pleasure of the Council.
passage and publication.
Motion for First Reading of the ordinance was seconded by Member Kelly.
Section 1. Limitation on Tenure. No person shall be appointed or reappointed
Sec. 3. Valid ApDointment. Any person who is appointed or reappointed in
Sec. 4. This ordinance shall be in full force and effect immediately upon its
Rollcall :
Ayes: Kelly, Smith, Turner
Nays: Richards, Courtney
First Reading granted.
BID AWARDED FOR TRACTOR BACKHOE.
recommend award of bid for a tractor backhoe to Long Lake Ford Tractor, Inc.
because the low and next to low bidders did not meet specifications. He explained
that the low bid submitted by Hayden-Murphy Equipment Company clearly did not meet
specifications in a number of areas as noted in the November 2, 1987 memorandum
from the utility superintendent.
Equipment and Long Lake Ford Tractor, Inc. were extremely close and the issue was
the extendable backhoe. Staff met with these bidders to discuss their product and
specifications and following that meeting references submitted by both bidders
were checked. After talking with users of both products, staff concluded that the
third bidder, Long Lake Ford Tractor, Inc., had met the intent of the
specifications. Speaking in support of the bid submitted by Carlson’s Lake State
Equipment were Rudy Gmitro and John Carlson who explained that they had
demonstrated their product to the utility superintendent on two occasions. After
the second demonstration they were advised that their unit was acceptable for the
type of usage anticipated by the City and that they had submitted a bid based on
that information.
one tractor back hoe to recommended bidder, Long Lake Ford Tractor, Inc., at
$59,888.00. Motion was seconded by Member Smith.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
Engineer Hoffman advised that staff would
The bids submitted by Carlson‘s Lake State
Following discussion, Member Richards moved award of bid for
*BID AWARDED FOR MODULAR AMBULANCE.
Smith for award of bid for one Type 111 Modular Ambulance to recomended bidder,
Road Rescue, Inc., at $60,164.00.
Motion carried on rollcall vote, five ayes.
Motion of Member Kelly was seconded by Member
*BID AWARDED FOR FENCING FOR WALNUT RIDGE AND NORMANDALE PARKS. Motion of Member
Kelly was seconded by Member Smith for award of bid for fencing for Walnut Ridge
and Normandale Parks to recommended low bidder, Century Fence Company, at
$6,112.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR PRINTING OF CENTENNIAL RAFFLE. Motion of Member Kelly was
seconded by Member Smith for award of bid for printing of Centennial Raffle
Tickets to recommended low bidder, Associated Lithographers, at $5,735.00.
Motion carried on rollcall vote, five ayes.
BID AWARDED FOR ANNUAL AUDIT AND COMPREHENSIVE FINANCIAL REPORT.
reminded the Council that at its meeting of November 2, 1987 bids were rejected
for the annual audit and comprehensive annual financial report and staff was,
directed to re-bid for the audit and report.
Manager Rosland
He presented tabulation of the
11/16/87
re-bids for the audit and report showing Peat Marwick Main & Company at
$15,700.00, George M. Hansen Company at $15,750.00 and Deloitte Haskins & Sells at
$18,000.00. The question was raised
whether or not the City is required to bid for these services.
opined that the City does not have to bid for personal services but once the bid
process has been begun the City must follow that process.
that prior to this year the City has asked for proposals and would use that method
in the future.
annual audit and comprehensive financial report to recommended low bidder, Peat
MarwickHain & Company, at $15,700.00. Motion was seconded by Member Smith.
Staff would recommend award to low bidder.
Attorney Erickson
Manager Rosland said
Following discussion, Member Turner moved award of bid for the
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried. I (Member Kelly left the meeting at this point on the agenda.)
TRAFFIC SAFETY COMMITTEE MINUTES OF NOVEMBER 10. 1987 APPROVED. Motion of Member
Smith was seconded by Member Turner to approve the following recommended action
listed in Section A of the Traffic Safety Committee Minutes of November 10, 1987:
1) Posting of "NO PBRKING THIS SIDE" signs on the east side of Brookside Avenue in
the 5100 Block, between Eden Avenue and the new parking ramp,
and to acknowledge Sections B and C of the Minutes.
.' *
Ayes: Richards, Smith, Turner, Courtney
Motion carried.
PARK &RECREATION TASK FORCE MEMBERS APPOINTED.
following nominations for appointment to the Park & Recreation Task Force:
Northwest Quadrant - Linda Farrell and Patrick (Pat) Finley; Northeast Quadrant -
Coletta (Itti) Furlong and J. Peter (Pete) Meyers; Southwest Quadrant - William S.
(Bill) Jenkins and Rolland (Rollie) Ring; Southeast Quadrant - Richard J. (Dick)
Blooston and Lynn Shackelford; Park Board - Joan Lonsbury, Chair, William (Bill)
Lord and Donald (Don) Wineberg. He said that the only people who have been
contacted are the Park Board members and that he would be calling the other
nominees to see if they can serve.
Turner approving the appointment of the Park & Recreation Task Force members as
nominated by the Mayor.
Mayor Courtney presented the
Motion of Member Smith was seconded by Member
Ayes: Richards, Smith, Turner, Courtney
Motion carried.
(Member Kelly returned to the meeting at this point on the agenda.)
LMC. AMM AND MLC 1988 PROPOSED LEGISLATION DISCUSSED.
the Council's attention to the 1988 Proposed Legislation for the League of
Minnesota Cities (LMC), the Association of Metropolitan Municipalities (W) and
the Municipal Legislative Caucus.
would be considered at a breakfast meeting on Wednesday, November 25 at which the
member cities would express their positions on the legislation.
stated that basically the policies of the MLC represent the philosophy of the
Council as a whole.
of their legislative policies are being heard.
prior years and most of their legislative efforts have been on funding issues.
MenSer Turner commented that she was pleased to see that the MLC supports the,
fiscal disparities policy changes developed by the AMM and that she felt by
working together we would have a greater impact.
to her was the tax-exempt property policy that both the LMC (Policy RS-12) and AMM
(Policy D-1) support.
fee for city services that are provided to that property.
philosophy was that cities drive a great deal of benefit from having those
tax-exempt properties within their borders and that she did not support the policy
of the LMC and AMM on that issue.
legislature last year and that it will likely come up again and asked how the
Council felt about the position taken by the LMC and AMM.
Manager Rosland directed
Regarding the policies of the MLC, he said they
Manager Rosland
He noted that the MLC is becoming a stronger voice and some
The LMC policies are similar to
She said of particular interest
In essence it is to charge tax-exempt property a service
She said her personal
She said it was hotly debated at the
If the legislation were
1 I
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to be written that cities would have the option of charging a service fee she
could support that. Member Kelly said that is a critical issue for Edina because
the City does have a lot of tax-exempt properties within its borders.
that some of those agencies' contribution in human services perhaps would make up
for the tax-exemption.
position of the LMC and the AMM on the tax-exempt property policy.
discussion, Member Turner moved Council support of the 1988 Proposed Legislation
policies of the LHC, AMM and Mc with the exception of the tax-exempt property
policy.
She added I Member Smith commented that he would not support the
Following
Motion was seconded by Member Smith.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
BUDGET PROCESS AND ISSUES DISCUSSED. Member Turner referred to her memorandum
dated October 28, 1987, to the Council regarding several issues which came up
during the budget hearings in September that should be discussed.
Salaries - Member Turner suggested that the Personnel Committee review Council
salaries and make recommendations regarding: 1) Salaries relative to other cities,
and 2) a timetable for on-going review and adjustments. Manager Rosland clarified
that the Council salary increase included in the 1988 Budget cannot by statute be
implemented until after the next election. He offered to meet with the Personnel
Council.
11/16/87
71
Committee to review and formalize the process and to bring a recommendation back
to the Council.
be formalized because then the tendency would be to do it. He said he looked at
sitting on the Council as an opportunity to fulfill a civic duty and that he was
more comfortable with the present system whereby the five Council members would
discuss salaries when they felt it was appropriate to do so. Member Kelly said
she agreed, but that she was willing as a member of the Personnel Committee to
look at comparable salaries.
function of the Personnel Committee and that it should not be formalized. Member
Turner concluded that there was a split vote on looking at Council salaries.
Council Attendance at National League of Cities meetings - - Member Turner recalled
that during the 1986 Budget hearings it was agreed to begin sending Council
members to NLC meetings. She said she felt it was important to attend, that the
Council members are in a learning position, and have a huge responsibility.
After discussion it was informally agreed that it be left open to send any Member
who wanted to attend. Fees - The issue of fees as a source of revenue was raised
by Member Smith at the budget hearings.
explored further. Member Smith sai-d he would like information on the schedule of
fees, last date of increase,'purpose of fee, etc. and that it be brought back by
March, 1988.
to bring the fee information requested back to the Council by March, 1988.
Motion carried. Budget Process - Member Turner said that when the Manager
presented the 1988 Budget assumptions she would have liked to have the Council
give more definitive comment and action at that time including discussion of the
philosophical questions in those assumptions. At the actual budget hearings she
suggested that the Council only look at exceptions or unusual items rather than
spending the time going through each line item.
support that kind of budget process; that the budget assumptions be brought to the
Council earlier, and that the department heads provide information in support of
major program changes. Member Smith commented that he thought the budget process
was good but that he missed the financial goal of the Council in cutting the
budget back and that he needed historical information as to revenues, mill rates,
etc. Member Richards said that he would not want to pre-judge and would need to
see the total budget picture before he could make a judgement as to what he
perceives this community wants; that he felt we should hold taxes down each and .
every year.
process begin no later than the first Council meeting in August.
Member Richards commented that he did not feel the process should
Member Smith said he was bothered by making this a
Member Turner suggested the issue be
Motion of Member Kelly was seconded by Member Turner directing staff
Member Kelly said she would
Motion of Member Kelly was seconded by Member Turner that the budget
Motion carried.
HOUSEHOLD RECYCLING PICK-UP PROGRAM TO BE EXPANDED. Janet Chandler, Recycling
Coordinator, reminded the Council that at the 1988 Budget hearings the Council had
approved a total Recycling Commission budget of $69,777 which would allow for
expansion of the Household Recycling Pick-up Program but requested that the
proposed expansion program be brought back to the Council for approval.
presented a graphic showing the present project area and the areas to be added
which would expand the program to approximately 3,000 homes.
would have a February start-up and would be a monthly pick-up of newspaper, glass
and cans.
20% increase in total tonnage. Mrs. Chandler stated that the anticipated results
of the 1988 Recycling Program are: 1,800 tons of paper, glass, metals, oil and
Goodwill items, 2,500 tons of compost and 600 tons of commercial/industrial paper
for a total of 4,900 tons (9% waste stream reduction). Edina's recycling goal for
1988 as set by Hennepin County is 4,881 tons. Member Turner moved approval of the
extension of the Recycling Household Pick-up Program to the additional 3,000 homes
identified. Motion was seconded by Member Kelly.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
She
The expansion area
The anticipated results are 20 tons/month of recyclables producing a
REPORT GIVEN ON COMPOST PICK-UP PROGRAM/MORNINGSIDE. Janet Chandler, Recycling
Coordinator, presented a report on the Compost Pick-up Program in the Morningside
area noting that the postcard survey was mailed to 650 homes and that responses
were received from 384 homes (59%). The responses indicated that the majority of
the people were aware of the program, participated in the program, felt that it
had a minimal impact on the neighborhood and that 343 responses felt that curbside
placement of compostable materials should be allowed next year against 38 who felt
that it should not be allowed.
was present to show the compostable trash bag that was made available for the
program through Hennepin County.
County supplied 6,000 bags and in the end provided 14,000 bags which took care of
approximately 20% of the compostable materials, the rest being in plastic bags.
He said the people liked the bags as they held more compost than plastic bags.
The only problem was that after the program started he was not allowed to dump the
bags along with the compost and therefore had to empty the bags into his truck and
then dispose of the bags in his regular trash vehicle where they take up more room
than plastic bags. Mr. Vierkant said the program would continue for another three
weeks and that as of today he had dumped his 33rd load of compost since August 1.
At approximately 4 tons per load, he said he captured approximately 90% of the
compostable materials during the height of the leaf season. He said he felt the
program works great on a controlled situation where he would pick-up refuse from
virtually all the homes.
She said that Gary Vierkant, Vierkant Disposal,
Mr. Vierkant said that originally Hennepin
He felt it would not be economically feasible for other
11/16/87
haulers to get into a similar program in areas where they only pick up at 3 or 4
homes in each block. Mr. Vierkant said he would like to continue the program in
the Morningside area next year and would also like to expand to one-day-a-week
pickup of newsprint which is 20% of the refuse flow.
to newsprint is that landfill fees now are close to $30.00/ton and that when the
Hennepin County bum plant opens the fees could go up to $100.00/ton.
his program would give people the opportunity to recycle through private
enterprise, that within the next 3 to 4 years he could eliminate 80% of the waste
flow and that he felt this is the way to go in the future.
AMENDMENTS TO ORDINANCE NOS. 711 AND 1301 DISCUSSED. Janet Chandler, Recycling
Coordinator, said that, following the results of the survey on the Compost Pick-up
Program in the Morningside area, the next step would be the implementation of the
recommendation of the Recycling Commission and herself to set a hearing date to
amend Ordinance No. 711 (Providing for Storage of.Refuse and Waste Matter,
Collection and Disposal Thereof) and Ordinance No. 1301 (Regulating Collection and
Disposal of Garbage and Licensing of Garbage Haulers) as follows. Ord. 711
Section 4. Placing of Containers, to state: "Grass clippings and leaves suitable
for composting may be placed next to the street or curb for pickup provided that
such grass clippings and leaves so placed shall be: i) stored within a bag
designed for such a purpose, and ii) placed at the curb no more than 12 hours
prior to the scheduled pickup." Amend Ord. 1301 to require that garbage haulers
pick up grass clippings and leaves separately from other garbage and deliver
leaves and grass clippings to a compost site. Mrs. Chandler informed the Council
that she and Dave Velde had met with three of the Edina garbage haulers and they
indicated their willingness to provide this service and strongly support curbside
placement. Their only concern was that if one of them started picking up compost
separately and another hauler who had customers in the same block was not
providing that service that one company might lose customers to the other.
felt if the City would require that it be done they would all have to comply at
the same time and that would take care of their concern. The haulers also are
aware that once the bum plant opens chances are that grass clippings and leaves
will not be accepted at landfills and probably will not be accepted at transfer
stations either.
that before a public hearing on the amendments that the program be outlined by the
Recycling Commission for review by the Council and that the Council then receive
comment by the haulers that service Edina as to the economics and impact on the
homeowners. Member Turner commented that it was a good suggestion and that she
would like to see a more detailed program before considering the amendments.
It was informally agreed to proceed as suggested by Member Smith.
MINNEHAHA CREEK BANK EROSION DISCUSSED: RESOLUTION ADOPTED REQUESTING MINNEHAHA
CREEK WATERSHED DISTRICT TO INSPECT AND REVIEW. Engineer Fran Hoffman said that
over the past four years staff has received many phone calls on the condition of
Minnehaha Creek in Edina, e.g. bank erosion, silt, channel change. He directed
the Council's attention to a letter dated November 3, 1987 from Mrs. William P.
Pauly, 5032 Bruce Place, regarding the erosion of their bank on the creek and
askiq the Council to petition the Watershed District to look at the condition of
Minrlehaha Creek.
District that they are willing to consider developing some type of erosion control
plan if enough residents on the creek are interested. He recommended that the
Council pass a resolution requesting the Minnehaha Creek Watershed District
engineers to do a full inspection and then call a meeting of the staffs of the
five cities adjacent to the creek to see if there is an interest in developing
such a program in which they can all participate.
the following resolution:
WHEREAS, over the past four years the City of Edina has received numerous calls
from residents whose property abuts Mixmehaha Creek stating their concerns
regarding bank erosion, silt and channel change;
WHEREAS, the July 23, 1987 rainstorm greatly exacerbated these conditions;
NOU, THEREFORE, BE IT RESOLVED by the Council of the City of Edina that it hereby
petitions the Board of the Hinnehaha Creek Uatershed District to undertake a full
inpection as to the condition of Hinnehaha Creek in Edina;
BE IT
representatives of the cZties along the creek for the purpose of developing a
program with participation by the cities that will address the deteriorating
condition of Hinnehaha Creek.
Motion for adoption of the resolution was seconded by Member Turner.
The reason for the expansion
He said
.
They
Member Smith said that he had met with the Recycling Commission I and that he would strongly urge support of the ordinance amendments. He suggested 1
II
Mr. Hoffman said that in talking with the engineers of the
Member Kelly moved adoption of
RESOLUTION
D RESOLVED, that following such inspection the Board meet with
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted .
Member Kelly said she would like to have some of the properties that are near the
creek and that have been affected also included in the program.
*HEARING DATE OF 4/25/88 SET FOR BOARD OF REVIEW.
seconded by Member Smith setting April 25, 1988, at 5:OO p.m. as hearing date for
the Board of Review.
Motion of Member Kelly vas
73
Motion carried on rollcall vote, five ayes.
DAY CARE FUNDING FROM CDBG FUNDS DISCUSSED.
about using Community Development Block Grant (CDBG) funds for day care as is
being done by other communities.
the budget hearings and that the Human Relations Commission recommended that the
budget request from the Greater Minneapolis Day Care Association be funded from
CDBG funds. Ceil Smith, Assistant to Manager, said that she had talked with Mrs.
Norris, Greater Minneapolis Day Care Association, and had told her to contact
Craig Larsen, Planning Department, so that their request for funding could be
included in the CDBG budget for next year.
LETTER AND COMMENTS REGARDING CITY HALL EMPLOYEES NOTED. Member Richards referred
to a letter he had received from a citizen regarding his dealings with an employee
and said that he had also had another long time resident of the.community complain
about his treatment at City Hall.
that we are here to serve the citizens of City.
talk with the employee identified and would follow-up on the complaint.
was taken.
COMPLAINT FROM RESIDENT AT 6913 CORNELIA DR REGARDING 'DOG NOTED.
referred to a letter from C. W. Lehmann, 6913 Cornelia Drive, complaining about
repeated violations of the animal control ordinance by a dog owned by the resident
at 6925 Cornelia Drive.
Officer has attempted enforcement but has been unable to locate the dog while in
violation.
turned over to the prosecuting attorney and it is anticipated that the individual
will be charged with a petty misdemeanor.
helpful in such cases if the person reporting a violation were given a written
notice of the procedure for filing a formal complaint.
Member Kelly said she was questioned
Manager Rosland said that this was discussed at
No action was taken.
He added that all employees should be reminded
Manager Rosland said he would
No action
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Manager Rosland
Chief Craig Swanson reported that the Animal Control (\I Ln
I Ln The formal complaint procedure is now in process, the data has been
Member Smith suggested it might be m a No action was taken.
*CLAIMS PAID.
payment of the following claims as per pre-list dated 11/16/87: General Fund
$377,125.18, Art Center $11,581.77, Golf Course Fund $62,501.19, Recreation Center
Fund $10,549.93, Edinborough Park $6,119.63, Utility Fund $15,119.36, Liquor
Dispensary Fund $67,159.15, Construction Fund $94,726.94, IMP Bond Redemption #2
$15,162.45, Total $660,045.60.
Motion carried on rollcall vote, five ayes.
Motion of Member Kelly was seconded by Member Smith to approve
There being no further business on the Council Agenda, motion of Member Kelly was
seconded by Member Smith for adjournment. Adjournment at 10:55 p.m.
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City Clerk