HomeMy WebLinkAbout19880516_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
MAY 16, 1988
163
Answering rollcall were Members Kelly , Richards , Smith, Turner and Mayor Courtney.
CONSENT AGENDA ITEMS ADOPTED.
Member Kelly to approve and adopt the consent agenda items as presented.
Motion was made by Member Turner and seconded by
Rollcall: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PUBLIC HEARING ON SIDEWALK IMPROVEMENT NO. P-S-45 CONTINUED TO 6/20/88.
Affidavits of Notice were presented by Clerk, approved and ordered placed on file.
Pursuant to due notice given, a public hearing was conducted and action taken as
hereinafter set forth:
A. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. P-S-45 IN THE FOLLOWING;
West 62nd Street from France Avenue to Oaklawn Avenue (South Side)
Engineer Hoffman advised that this hearing has been called as a result of a
petition from residents for better pedestrian access to other walkways and Pamela
Park. He presented a graphic showing the location of the petitioners.
of construction is proposed to be paid by an area assessment if the majority
involved support the project. Under present City policy, maintenance (snow
removal) of the sidewalk will be the responsibility of the City.
cost for the south side is $23,240.37.
over an area bounded by West 62nd Street on the north to the Crosstown Highway 62
on the South.
asphalt.
the greatest extent possible and is proposed to be constructed in 1988.
petition requested the assessment be over a three year period. Engineer Hoffman
explained that the location is not in the City's capital plan and that it is not
anticipated that West 62nd Street will be improved during the next ten years.
sidewalk is proposed as asphalt because of cost and would provide a temporary
walkway prior to reconstruction of the street as a State Aid project. He said
that a second petition has been received from residents on West 62nd Street in
opposition to the proposed project.
indicate that 1,800-2,600 vehicles per day use West 62nd Street and it is one of
the lower volume State Aid streets in that part of the City.
Speed Enforcement Unit monitored West 62nd Street on 7-8 occasions. Dave Shank,
owner of property at 4301-05 West 62nd Street, asked that the sidewalk be
constructed on the east side of his property to connect to the sidewalk on Valley
View Road so he would not have sidewalk on both sides, also that he preferred it
to be concrete. Douglas Yarwood, 4000 West 62nd Street, said he had circulated
the petition in opposition and that the majority of residents on West 62nd Street
did not want the sidewalk. Also speaking in opposition were: Bob Bjork, 6201
Brookview Avenue; Jerry Kopveiler, 4129 West 62nd Street; Randolph Hippe, 4213 W.
62nd Street; John McCanna, 4009 West 62nd Street; Ralph Schoenrock, 6228 Peacedale
Avenue. Speaking in support of the proposed walkway were: Jim Deusterhoff, 6320
Peacedale Avenue; Teri Ellis, 6223 Halifax Avenue; Paul Weise, 6301 Peacedale
Avenue; Joe Szarzynski, 6304 Halifax Avenue and Trish Crane, 6220 Halifax Avenue.
Following discussion, Member Kelly moved that the public hearing on Sidewalk
Improvement No. P-S-45 be continued to June 20, 1988, so that the issue of traffic
safety could be referred to the Traffic Safety Committee for their
recommendations. Motion was seconded by Member Turner.
The cost
The estimated
The proposed assessment is $270.24 per lot c\I
The sidewalk is proposed to be five feet wide and constructed of
The alignment will be varied to protect existing property features to Ln Ln
a
The 1
The
m
As to the question of traffic, counts
During 1987 the
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Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
*PRELIMINARY REZONING AND PRELIMINARY PLAT APPROVAL FOR JERRY'S ENTERPRISES
CONTINUED TO 6/6/88.
Kelly to continue the public hearing on preliminary rezoning and preliminary plat
approval for Jerry's Enterprises to the meeting of June 6, 1988.
Motion was made by Member Turner and seconded by Member
Motion carried on rollcall vote, five ayes.
PRELIMINARY REZONING AND PRELIMINARY PLAT APPROVAL FOR PINEWOOD TOWNHOMES (HARVEY
SWENSON) CONTINUED: FINDINGS TO BE DRAFTED. Affidavits of Notice were presented
by Clerk, approved and ordered placed on file.
request for rezoning from R-1 Single Dwelling Unit District to PRD-2 Planned
Residence District and preliminary plat approval for property bounded by Vernon
Avenue on the west, Sherwood Avenue on the east, single family homes to the south
and a one-story office building on the north. The subject property measures
approximately 1 1/2 acres in size and is currently developed with two single
family homes. It consists of 3 lots platted in the Edenmoor Addition; the middle
lot does not have street frontage. The proposed project would remove the existing
dwellings and redevelop the site with six townhouse units. All units would be one
story in height with a south facing walkout level.
against the rear of the office building.
main floor master bedroom.
living area on the main floor.
is essentially a double bungalow development but that since the project would be
served by a private rather than public street, PRD-2 zoning is required.
proposal meets or exceeds all requirements of the PRD-2 District. The Ordinance
Planner Craig Larsen presented the
The garages would face north
An unusual feature of the units is the
All units have slightly over 1,500 square feet of
Planner Larsen said that the proposed development
The
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requires 7,200 square feet of land area per dwelling unit; the proposal provides
10,620 square feet per unit. Lot coverage is 18 percent, well below the permitted
25 percent.
Comprehensive Plan Land Use Map.
designation.
Residential would be required.
of way for Edenmoor Street dedicated by the original plat.
never improved with a public street.
site, the parcel measures approximately 30 x 110 feet.
requesting vacation of the right of way.
project was originally submitted as a seven unit development with site access only
from Sherwood Avenue.
Planning Commission meeting and is now proposed as three two-unit buildings.
staff's opinion the proponent has presented a very attractive project; the
townhouses maintain a low profile and are relatively unobtrusive. The units
appear to offer features that would be attractive to the market for townhouses in
Edina.
has a density similar to many single family neighborhoods, including Richmond
Hills.
width of many existing single family homes in the neighborhood.
said it appears that the property could be replatted into four single family lots
similar to the lots on Edenmoor. A single family plat would not allow control of
the size and design of the homes and would not provide for a landscaping
requirement.
townhouses could be served by a private street.
the Community Development and Planning Commission on April 27, 1988 and
recommended preliminary rezoning, preliminary plat approval and approval of an
amendment to the Comprehensive Land Use Plan, subject to 1) final rezoning and
final plat approval, 2) developer's agreement, 3) elimination of Vernon Avenue
access with a knock-down barrier to allow emergency vehicle access, and 4)
subdivision dedication. Harvey Swenson, proponent, stated that he lives in the
home on the subject property at 5338 Sherwood, and that Francis McGuire, lives in
the second home on the site at 5222 Vernon Avenue. He stated they feel the two
smaller homes are an underdevelopment, that the proposal is a reasonable
redevelopment of the site, is sensitive to the single family homes to the south
and that the townhomes would be a reasonable transitional use between the
commercial office building to the north and the single family homes to the south.
The scale of the development would be in keeping with homes immediately to the
South, with one-story profiles and land sloping down to the south creating a
natural walkout unit. Mr. Swenson stated that he is proposing landscaping and
earth berming as screening for the adjacent homes. He concluded by saying these
would be "For Sale" townhouses of high quality. Member Smith asked the
anticipated sale price for the townhouses, whether Mr. Swenson had considered
single family dwelling as an alternative, and if they could be required to be
owner occupied.
$200-225,000.
as the lots would need a cul-de-sac, two of the homes would back up to Vernon
I
be marketable in that location. As to owner occupancy, Mr. Swenson said that I
The subject property is shown as Single Family Residential on the
The proposed use is not consistent with that
The subject site contains a small piece of right
Located in the southeasterly comer of the
Planner Larsen explained that the
Consequently, a Comprehensive Plan Amendment to Low Density Attached
This right of way was
The proponent is
This proposal was withdrawn prior to the March 30, 1988
In
With a land area of approximately 10,600 square feet per unit, the project
The building width of 68 feet for each two-unit building is similar to the
Planner Larsen
A single family plat would also require a public street, where the
The proposal was considered by
I, i
In response Mr. Swenson said the townhomes would be priced at
He commented that single family homes would be a poor second choice
I Avenue and would need severe screening and would have to be lower priced homes to
requirement could be in the sale documents. Rich Rosch, 5248 Richwood Drive, said
he had three concerns: 1) that the units would look down onto his back yard, 2)
storm water drainage because of the slope of the land, and 3) that if is approved
the project be finished expeditiously.
statement in the staff report about being reluctant to recommend a change in the
Comprehensive Plan.
careful about any change to the Plan and that the reasons for any change be
evaluated very thoroughly. Member Richards commented that he was troubled by the
fact that the Council just went through the process of looking at many areas of
the City, looked at the Comprehensive Plan in general and talked about the issues
relating to single family housing stock and the various R-District
classifications.
controls over property zoned R-2 District or above with regard to berming and
landscaping, etc. that do not exist in the R-1 District. He said he would rather
go back and try to put those controls in the R-1 District in response to the
argument that we change the zoning and the Comprehensive Plan in order to have
those controls.
homes with proper berming and access.
Richard's concern about.changing the Comprehensive Plan for this site and thereby
setting a precedent for other large lots on Vernon Avenue.
reason this might be an exception is that it does abut the commercial area.
Member Turner commented that she did not support the proposed rezoning or amending
the Comprehensive Plan. In this case there is a well defined single family
neighborhood that is accessed by Sherwood Avenue and that this proposal is not
consistent with the neighborhood.
well thought out letters that provide a good basis for denial of any rezoning
consideration.
He added that he is also concerned about what will be proposed for the Lewis
Engineering property as it will impact this neighborhood and that until he
understood what will be proposed there he could not consider increased density for
Mayor Courtney questioned Planner Larsen's
Planner Larsen explained that he would advocate being very
He said he was bothered by the comment that the City has more
He said he felt this property could be developed as single family
Member Kelly said she shared Member
She said the only
Member Smith said that staff has received some
Also, that there are good residential alternatives for this site.
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the subject property. Mr. Swenson commented that what was more important to him
than maximizing the return was doing the right development for the site with
regard to the marketplace. He said that this would be a first class development
and in response to Mr. Rosch's concerns about drainage, he explained that the
entire site slopes directly south now and the water run-off goes directly into the
neighbors' backyards.
be diverted directly to the west to a low point where there is a storm sewer
collector to eliminate the existing problem. He added that another element where
single family just does not work on this site is that there are windows along the
back side of the Harvey Hansen office building and lights are left on all night
for security reasons - very obtrusive for residential.
development those windows would be screened more effectively.
saying that he is trying to find a reasonable solution to a problem site that is
at single family density and scale.
this proposal to single family lots with sideyard setback of 15-20 feet. Robert
Millner, 5212 Richwood Drive, said he was concerned about the rezoning and asked
for an explanation of the proposed rezoning.
property is rezoned to PRD-2 the proposed plan is the only plan that can be built
on the property.
street running through his backyard on the old road easement. If the property is
left at R-1 District, he wanted to be sure that all control is not taken away.
Clifford Thompson, 5252 Richwood Drive, said he was concerned about the height of
the proposed development and wondered if the site could be graded down somewhat.
Richard Peterson, 5236 Edenmoor Street, said he would like to see the property
remain R-1 District and was concerned about Edenmoor being extended to serve as
access. R.F.D. Johnson, 5260 Richwood Drive, said he had no objection to the plan
proposed providing the plan will not be objectionable to himself and the
neighborhood.
height of the buildings proposed.
Council he was concerned that the property may be sold to Harvey Hanson for
building expansion. Member Smith moved to direct staff to prepare and bring back
for discussion and final decision on June 6, 1988, Findings of Fact in support of
denial of the rezoning and preliminary plat for PineUood Townhomes.
seconded by Member Turner.
With berming and grading all the water from this site can
In the proposed
He concluded by
He said he felt the close neighbors prefer
Planner Larsen explained that if the
Mr. Rosch commented that the last thing he wanted to see was a
He expressed concern about increased traffic on Sherwood Drive and
He also said if this is not approved by the
Motion was
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
PRELIMINARY REZONING TO R-2 DOUBLE DWELLING UNIT DISTRICT AND PRELIMINARY PLAT
APPROVED FOR LANDMARK ADDITION. Affidavits of Notice were presented by Clerk,
approved and ordered placed on file. Planner Larsen presented the request for
rezoning and preliminary plat approval for Landmark Addition advising that the
subject property is undeveloped and is approximately 2 1/2 acres in size.
north and east of the property is Van Valkenburg Park; to the northwest is The
Prime Office Park development. The property directly west is undeveloped land
zoned for office use and immediately south is a single family home fronting on
Lincoln Drive. Planner Larsen explained that the proposal is to rezone to R-2
Double Dwelling Unit District and to plat the property into 5 double bungalow
lots.
average 22,537 square feet.
lots.
designates the property as Low Density Attached Residential.
development requires the improvement of a portion of Malibu Drive.
proposed lots would have frontage on the new street and ultimately this segment of
Mailbu Drive will connect to Interlachen Boulevard.
1988 the Coinmunity Development and Planning Commission recommended preliminary
rezoning and preliminary plat approval based on the fact that it is consistent
with the Comprehensive Plan and that all lots meet or exceed Zoning Ordinance
requirements. The recommendation for approval was conditioned on: 1) final
rezoning, 2) final plat approval, 3) developer's agreement, and 4) subdivision
dedication.
staff has checked further into the issue of subdivision dedication and has
discovered that this property was platted as an outlot in Parkwood Knolls 20th
Addition (Carl Hansen's remaining property).
dedicated from Parkwood Knolls 20th Addition to form parts of Van Valkenburg Park.
The City agreed that no further land or cash would need to be dedicated from his
properties pursuant to an agreement entered into between Carl Hansen and the City
in 1972. Based on that agreement and the previous land dedication from Parkwood
Knolls 20th Addition staff would find that the subdivision dedication requirement
for the subject property has been satisfied. No comment or objection being heard,
Member Turner moved preliminary rezoning and preliminary plat approval with First
Reading of Ordinance No. 825-825 and adoption of the following resolution, subject
to: 1) final rezoning, 2) final plat approval, and 3) developer's agreement:
To the
The lots range in size from 17,017 to 31,577 square feet in area and
The proposed rezoning is consistent with the Comprehensive Plan which
All lots exceed Zoning Ordinance standards for R-2
The proposed
Two of the
At its meeting of April 27,
Planner Larsen pointed out that since the Planning Commission meeting
At that time in 1978 land was
ORDINANCE NO. 825-825
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY ADDING TO THE DOUBLE DWELLING UNIT DISTRICT <R-2)
THE CITY COUNCIL OF THE CITP OF EDINA, MINNESOTA, ORDAINS:
Section 6 of Ordinance No. 825 of the City is amended by adding
the following thereto:
Section 1.
"The extent of the Double Dwelling Unit District (Sub-District R-2) is
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166
enlarged by the addition of the following property:
Outlot C, Parkvood Knolls 20th Addition except that part which lies
southerly of a line vhich bears North 61 degrees 47 minutes 31 seconds
East from the northeast corner of Outlot B, Interlachen Hills 3rd
Addition.
Outlot B is assumed to bear North 87 degrees 51minutes 16 seconds East."
For purposes of this description, the north line of said
Sec. 2. This ordinance shall be in full force and effect upon its passage and
publication.
RESOLUTION APPROVING PRELlHtNARY PLAT
FOR LANDMARK ADDITION I BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled RIANDMARK ADDITION", platted by The Lincoln Drive
Partnership, a Minnesota general partnership, and presented at the regular meeting
of the City Council of Hay 16, 1988 be and is hereby granted preliminary plat
approval.
Motion for preliminary rezoning and preliminary plat approval was seconded by
Member Richards.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
First Reading granted; resolution adopted.
DECISION OF BOARD OF APPEALS UPHELD: VARIANCE DENIED FOR 6231 FRANCE AVENUE SO.
Planner Larsen presented the appeal of Thelma Anderson, 6231 France Avenue South,
from a Board of Appeals decision denying a 3 foot front yard setback variance to
enlarge a dining room.
request would allow construction of a 5 x 11 foot addition to the front of the
dwelling on the south one-half of the building.
extend 3 feet into the required minimum front yard setback and the bay window
would project an additional 1.5 feet into the setback area. An aerial photograph
illustrates that the homes on the east of France Avenue are in line and maintain a
uniform front yard setback. The Board of Appeals considered the variance request
on April 21, 1988 and denied the request on the grounds that the general
uniformity of the area would be compromised and an unfavorable precedent would be
set for an established neighborhood.
Anderson, stated that the proposed variance would have little or no effect on the
homes in the neighborhood.
dining room within the double bungalow, does not wish to sell her home, and with
her furniture in the dining room there is no room for people.
addition would not harm the beauty of the area or disturb the symmetry
significantly as argued by the Board.
variance of 1.5 to 2 feet if that could be approved. In conclusion, Mr. Bakken
asked-that the Council grant the requested variance as originally proposed or
grant the alternate variance of 1.5 to 2 feet.
concerned about the precedent that would be set if this variance were approved.
No other comment being heard, Member Smith moved to uphold the decision of the
Board of Appeals to deny the variance request for property at 6231 France Avenue
So.
The subject property is a double bungalow and the variance
The proposed addition would
Oren Bakken, a nephew representing Thelma
He explained that Mrs. Anderson cannot relocate the
He stated that the
He said that she could even manage with a
Member Smith commented that he was
Motion was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Board of Appeals decision upheld.
ORDINANCE NO. 902-A5 (AMENDING WINE LICENSING ORDINANCE) GRANTED FIRST READING.
Manager Rosland recalled that First Reading of Ordinance No. 902-A5 had been
continued from the Council meeting of May 2, 1988 and that the Council had
requested alternative language be drafted for the proposed amendment to the wine
licensing ordinance.
order a meal prior to being served wine.
customary practice whsreby the patron orders a glass of wine prior to making a
menu selection.
violations of the ordinance requirements and that they are difficult to enforce.
The proposed amendment softens the present requirement provided that the
restaurant informs patrons of the requirement that wine service is dependent on
food service. Chief Craig Swanson advised that alternative #2, which was
essentially the proposal at the last meeting eliminating the term "intend to",
would be most acceptable and would reduce enforcement problems with the licensee. In discussing the alternatives with the City Attorney, they concluded that this
would put the responsibility of ordering a meal to be consumed with the wine on
the patron along with the licensee. He reviewed the present inspection process
and the situation whereby the ordinance as presently written is violated.
Smith commented that he was bothered about legislating what should be printed in
menus. Attorney Erickson observed that the only virtue in having the additional
language about placards being posted or notices contained in the menu is that that
would be an objective fact that a police officer could observe.
commented that as the ordinance now stands there is 80-90% non-compliance. That
information would be brought to the Council at the time of license renewals and
the Council could act or not act relating to that type of violation.
Richards moved approval of alternative #2 with First Reading of Ordinance No.
90245 as follows:
The present ordinance requires that a restaurant patron must
This requirement conflicts with the
He explained that during inspections it was found that there are
Member
Chief Swanson
Member
5/16/88
167
ORDINANCE NO. 902-A!j
AN ORDINANCE A?BNDING ORDINANCE NO. 902
TO CUlRIFY TEE REQUIREMENT !CHAT A MEAL BE CONSUMED WITH WINE
Section 1. Paragraph (a) of Section 40 of Part H of Ordinance No. 902 is
"(a)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
hereby amended to read as follows:
No person shall be sold, served or consume wine who does not order a
meal to be consumed with wine.
requirements of this paragraph (a) either through placards displayed in the
restaurant or notices contained in the menu and wine list."
The licensee shall advise all patrons of the
Sec. 2. This ordinance shall be in full force and effect immediately upon its
passage and publication.
Motion for First Reading of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Richards, Turner, Courtney
Nays: Smith
First Reading granted.
Member Smith asked that the Prosecuting Attorney review the ordinance amendment
prior to Second Reading for any comment or suggestions.
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ORDINANCE NO. 1301-A3 (REQUIRING GARBAGE HAULERS TO COLLECT YARD WASTE FOR
COMPOSTING) AND ORDINANCE NO. 711-A5 (PERMITTING PLACEMENT OF GRASS CLIPPINGS AND
LEAVES ON CURB FOR PICK-UP) ADOPTED ON SECOND READING. Member Richards moved
Second Reading and adoption of Ordinance No. 1301-A3 as follows:
ORDINANCE NO. 1301-83
TO REQUIRe GARBAGE HAULERS TO COIJXCT YARD WASTE FOR COKPOSTING
AN ORDINANCE AMENDING ORDINANCE NO. 1301
Ln Lo
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
follows :
Section 1.
"Sec. 15. Collection of Comostable Materials. Haulers shall collect and
Ordinance No. 1301 is amended by adding a new Section 15 as m a
segregate, from other garbage and refuse, all grass clippings and leaves
which have been separated from other garbage and refuse and placed, in bags
designed for such purpose by residential customers, for pick-up. Haulers
shall report to the City Sanitarian the amount, by weight, of such leaves and
grass clippings delivered to compost disposal sites approved by Hennepin
County for the four-month periods ending April 30, August 31 and December 31.
Such reports shall be submitted within fifteen (15) days following the end of
each four month period."
Sec. 2. Original Section 15 of Ordinance No. 1301 is hereby renumbered
Section 16.
Sec. 3.
publication.
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted.
This ordinance shall be in full force and effect upon its passage and
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ATTEST :
%&%&
City Clerk
Member Rrrner moved Second Reading and adoption of Ordinance No. 711-65 as
follows :
ORDINANCE NO. 711-85
AN ORDINANCE AMENDING ORDINANCE NO. 711
TO PERHIT THE PLACEHENT OF GRASS CLIPPINGS AND LEBVES
ON THE CURB ADJOINING RESIDENTIAL PROPERTY
THE CITP COUNCIL OF "HE CITY OF EDINA, MNNESOTA, ORDAINS:
Section 3 of Ordinance No. 711 is hereby amended to read as
follows :
Section 1.
"Sec. 3. Refuse to be kept in containers. All refuse on any premise shall be
stored in the containers required by Sec. 2 hereof, except as the same may
be consumed or disposed of on such premises as permitted by said section and
except as provided in Sec. 4 hereof."
Sec. 2. Sec. 4 of Ordinance No. 711 is hereby amended by inserting "(a)"
immediately after the heading of Sec. 4, and by adding a new paragraph "(b)" to
Sec. 4 as follows: .
"(b) Grass clippings and leaves may be placed next to the street or curb
adjoining residential properties for pick-up 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 twelve (12) hours
prior to the scheduled pick-up."
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Sec. 3. This ordinance shall be in full force and effect upon its passage and
publication.
Motion for adoption of the ordinance was seconded by Member Smith.
Rollcall :
Ayes: Smith, Turner, Courtney
Nays : Kelly, Richards
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168
Mayor
Ordinance adoptad.
ATTEST :
=%&x.& 79% &LL
City Clerk
ORDINANCE NO. 102 (LIMITING TERMS ON BOARDS/COMMISSIONS) ADOPTED ON SECOND
READING.
follows :
Member Smith moved Second Reading and adoption of Ordbance No. 102 as
ORDINANCE NO. 102
AN ORDINANCE LIMITING TEB23s OF SERVICE OF INDIVIDUAIS
APPOINTED BY THE CITY COUNCIL TO BOARD. COMMISSIONS OR COMMITTEES I ’
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
by the City Council to any board, commission, committee or any other advisory of
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).
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 reappointxnentmade at the pleasure of the Council.
Motion for adoption of the ordinance was seconded by Member Turner.
Section 1. Limitation on Tenure. No person shall be appointed or reappointed
Sec. 2. Exceptions. Members of the City Council and employees of the City of
Sec. 3. Valid ApDointment. Any person who is appointed or reappointed in
Sec, 4. This ordinance shall be in full force and effect on January 1, 1990.
Rollcall:
Ayes: Kelly, Smith, Turner
Nays : Richards , Courtney
Ordinance adopted.
ATTEST:
City Clerk
*BID AWARDED FOR ASPHALT ROLLERATIBRATORY COMPACTOR.
Turner and seconded by Member Kelly for award of bid for an asphalt
roller/vibratory compactor to recommended low bidder, Aspen Equipment Company, at
$39,600.00.
Motion was made by Member
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR TRUCK AND LOG LOADER.
seconded by Member Kelly for award of bid for a truck and log loader to
recommended low bidder, LaHaas Manufacturing, at $77,798.00.
Motion was made by Member Turner and
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR REPAIR OF DEEP WELL #lo.
seconded by Member Kelly for award of bid for repair of deep well #10 to
recommended low bidder, E.H. Renner & Sons, at $13,675.00.
Motion was made by Member Turner and
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR PLAYGROUND EQUIPMENT - LAKE CORNELIA PARK. Motion was made by
Member Turner and seconded by Member Kelly for award of bid for playground
equipment for Iake Cornelia Park to recommended low bidder, Earl F. Anderson
Company, at $9,579.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR 4TH OF JULY FIREWORKS.
seconded by Member Kelly for award of bid for 4th of July fireworks to recommended
bidder, Northern Lighter Pyrotechnics, Inc. at $6,000.00.
Motion was made by Member Turner and I Motion carried on rollcall vote, five ayes.
TRAFFIC SAFETY COMMITTEE MINUTES OF MAY 10. 1988 APPROVED.
directed the Council’s attention to the first item in Section A of the Traffic
Safety Committee Minutes of May 10, 1988.
alleviate volume and speed problems on Halifax Avenue South from West 50th Street
through West 54th Street.
meeting so that speed surveys could be conducted. Traffic counts showed that
there is a volume of over 1,000 vehicles per day on Halifax from 50th to 52nd
Street. The Committee recommended that a temporary traffic diverter and
appropriate signage be placed at 51st and Halifax which would not allow vehicles
to enter Halifax at 51st Street but would permit vehicles to exit. John Crist,
5324 Halifax Avenue, said he was the representing the residents of Halifax Avenue
between 51st and 54th Streets and spoke in support of the Traffic Safety
Committee’s recommendation and explained the neighborhood survey that had been
Engineer Hoffman
The request was for measures to
This item had been continued from the April 1988
5/16/88
169
taken.
and 54th Streets want a reduction of the excessive amount of traffic on their
street and urged the Council to adopt the recommendation for a trial period.
Following discussion, motion of Member Richards was seconded by Member Turner to
approve the following recommended action listed in Section A of the Traffic Safety
Committee Minutes of Hay 10, 1988:
1) That "DO NOT ENTW" signs be posted at the southbound entrance to Halifax
Avenue from West 51st Street, tRat a "NO LEFT TURN" sign be posted on westbound
West 51st Street, that a "NO RIGHT TURN" sign be posted on eastbound West 51st
Street, and that a temporary lighted barricade be placed across one lane of
Halifax Avenue to prevent entrance. Addendum: to conduct a larger area survey in
conjunction with these signings,
2) between Vernon Avenue and Eden Avenue,
3)
three-month temporary period with the possibility of making them permanent, and to
install "NO PARKING, 7 AH - 9 AH, 4 PH - 6 PH" signs on east side of Grange Road,
and to acknowledge Sections B and C of the minutes.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
In summary, he stated that the residents of Halifax Avenue between 51st
That "NO PARKING ANYTIME" signs be installed on both sides of Link Road
That "NO PARKING" signs be installed on the north side of Eden Avenue for a I
ON-SALE BEER LICENSE APPROVED FOR THE LOTUS RESTAURANT.
the Council that the City has received an application for an On-sale Beer License
from The Lotus I11 Restaurant, 3907 W. 50th Street. The application has been
approved by the Police and Health Departments and is recommended for approval.
Residential property owners within 500 feet of the restaurant have been mailed
notice and no objections to the issuance of the license have been received.
Motion was made by Member Kelly and seconded by Member Turner to approve issuance
of an On-sale Beer License to The Lotus I11 Restaurant at 3907 8. 50th Street.
Manager Rosland advised
(\I Ln Ln
Ayes: Kelly, Richards, Turner, Courtney
Nays: Smith
Motion carried.
a
REPORT GIVEN ON OPEN HOUSE PARTY ORDINANCE NO. 905.
at the last meeting the Council had adopted Ordinance No. 905 (Open House Party
Ordinance) that would regulate the use of alcoholic beverages and controlled
substances at open house parties.
ordinance be submitted to the Prosecuting Attorney for comment.
reported that the ordinance has been reviewed by the Prosecuting Attorney who sees
no perceived problem with the ordinance as adopted.
REPRESENTATION ON HENNEPIN CONSERVATION DISTRICT ADVISORY COMMITTEE DISCUSSED.
Manager Rosland advised that the Hennepin Conservation District is seeking persons
interested in serving on an advisory committee with regard to ground water
protection.
Development and Planning Commission to see if someone would like to serve and also
asked if there should be representation from Edina.
that we have representation on the the Minnehaha Creek and Nine Mile Creek
Watershed District Boards who are active in this issue and that the Council may
wish to ask the watershed boards if they are going to participate with the
Hennepin Conservation District in ground water protection.
observed that one of the candidates for the watershed districts boards who was not
appointed may be interested in serving.
75TH ANNIVERSARY LEAGUE OF MINNESOTA CITIES CONFERENCE JUNE 7-10 NOTED.
Rosland reminded the Council of the 75th Anniversary League of Minnesota Cities
Conference to be held June 7 - 10 at the St. Paul Radisson. He said Council
Members planning to attend should advise Susan Wohlrabe so that the registration
can be submitted for the City of Edina.
DATE CONFIRMED FOR REPORT OF PARK & RECREATION TASK FORCE.
advised that the Park & Recreation Task Force has completed their work and would
like to make their report to the Council on Monday, June 6.
it was agreed to meet on June 6 at 4:30 p.m. to receive the report of the Park and
Recreation Task Force.
Manager Rosland recalled that
The Council also had made a motion that the
Manager Rosland
No action was taken. I
Member Turner suggested that this be forwarded to the Community
Member Richards commented
Manager Rosland
No action was taken.
Manager
Manager Rosland
Following discussion
*FEASIBILITY REPORT APPROVED FOR WATERMAIN AND SANITARY SEWER EXTENSIONS - RYAN
AVENUE: PUBLIC HEARING DATE SET FOR 6/6/88.
seconded by Member Kelly to adopt the following resolution:
Motion was made by Member Turner and
RESOLUTION PROVIDING FOR PUBLIC HEARMG ON
I
WATERMAIN IMPROVEMENT P-W-364 AND SANITARY SE3ER IMPROVEMENT NO. P-SS-378
1.
the feasibility of the proposed watermain and sanitary sewer improvements
described in the form of Notice of Hearing set forth below, and as to the
estimated cost of such improvements, said report is hereby approved and directed
to be placed on file in the office of the City Clerk.
2. This Council shall meet on Monday, June 6, 1988, at 7:OO p.m. in the Edina
city Hall, to consider in public hearing the views of all persons interested in
said improvements.
The City Engineer, having submitted to the Council a preliminary report as to
5/16/88
170
3.
place and purpose of said meeting to be published in the official newspaper once a
veek for tvo successive weeks, the second of vhich publication is to be not less
than three days from the date of said meeting, and to mail notice to all affected
properties in substantially the following form:
(Official Publication)
CITY OF EDINA
4801W. 50TH STREET
EDINA, MINNESOTA 55424
The City Clerk is hereby authorized and directed to cause notice of the time,
NOTICE OF PUBLIC HEBRING
RYAN AVENUE FROM W. 62ND TO W. 63RD STREET 7 PBRNEI;L An.
WATEJZWUX IMPROVEMENT NO. P-WM-364
SANITARY SEWER IMPROVEMENT NO. P-SS-378
The Edina City Council will meet at the Edina City Hall, on Monday, June 6, 1988
at 7:OO p.m. to consider the following proposed improvements to be constructed
under the authority granted by Minnesota Statutes, Chapter 429. The approximate
cost of said improvements are estimated by Hennepin County and the City as set
forth below:
RYAN AVENUE - from W. 62nd to W. 63rd Street & Parnell Avenue
Estimated Cost
Watermain Improvement No. P-WM-364 Option A: $45,566.36
Option B: 3,300.02
Sanitary Sewer Improvement No. P-SS-378 Option A: $30,154.37
Option B: 12,835.07
The area proposed to be assessed for a portion of the cost of proposed
improvements includes:
Option A:
Option B:
Watermain Option A: $11,391.59
Option B: 3 , 300.02
Sanitary Sewer Option A: $ 7,538.59
Option B: $12,835.07
The Western 1/2 of Lots 1 through 4, Blk 3, Normandale
Addition.
The Western 1/2 of Lot 4, Blk 3, Normandale Addition.
These properties are proposed to be assessed as follows per assessable lot:
Marcella H. Daehn, City Clerk
Motion carried on rollcall vote, five ayes.
RESOLUTION ADOPTED ESTABLISHING A UNIFORM POLICY REGARDING LOBBYING BY CABLE
APPLICANTS. Manager Rosland advised that Rogers Communications, Inc. has
announced the sale of their United States cable systems.
Cable Commission (SWSCC) has recommended that each city adopt a lobbyist policy
similar to that adopted by them at the time of initial franchising.
intended by this lobbyist policy that all of the proceedings be public and to
insure that individual members of city councils and their staffs are not
confronted with various potential cable companies or others having an interest in
the matter other than constituents. The SWSCC has drafted a schedule of various
proceedings that has been adopted to deal with the sale. Manager Rosland said
that he would keep the Council informed of the proceedings and of any required
action by the Council, the first being the adoption of the lobbyist policy.
Motion was made by Member Kelly for adoption of the following resolution:
The Southwest Suburban
It is
RESOLUTION ESTABLISHING A UNIFORM POLICY WITH
RESPECT TO LOBBYING BY CABLE APPLICANTS WITH
RJDIVIDUAL COUNCIL MEMBERS OR STAFF
WHEREAS, the City of Edina in conjunction with others comprising the Southwest
Suburban Cable Commission (n,SaSCCn) have been requested by the Grantee of their
similar Cable Communications System Franchises ("Franchise"), to evaluate issues
relating to the potential sale of the Franchise; and
WHEREAS, it is the concern of this City Council that in this process all persons
who may have an interest in a particular cable company (either the existing
Grantee under the Franchise including its parent or affiliates, or interested
purchasers of the Franchise) conduct any communications vith regard to this matter
with the City Council as a whole and not with individual members of the City
Council or administration; and
WHEREAS, the City Council has determined that it is in the best interest of all of
those participating in the franchising process that all communications be Wblic
to avoid any sort of misunderstanding and unwarranted accusations that would
otherwise develop either against the City or any of its Councilmembers or
representatives; and
WHEREAS, the City Council has determined a policy must be adopted that will be
consistently followed by its Councilmembers and staff and with the understanding
that Council members of other communities will likewise adhere to a similar
policy.
NOW, !l!EEREFORE, BE IT RESOLVED, by the City Council of the City of Edina,
Minnesota,
1. It is the policy of the Mayor and the City Council that all communications
regarding any matter of the cable communications system proposed sale and transfer
5/16/88 I
171
m Iz
shall be directed to the City Council as a whole and not to an individual Council
or staff member. It is not intended by this that communications by a constituent
acting in a private capacity as a constituent will be prohibited.
2.
of the Franchise and other interested cable companies that they provide a list
designating each person who will be the official speakers or representatives on
behalf of them, and further, that the SWSCC shall provide to the City Council from
time to time, a report advising it of the names of any such official speakers or
representatives.
Motion for adoption of the resolution was seconded by Member Turner.
It is requested that the Chairman of the SUSCC vi11 request from the Grantee
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Abstaining: Richards
Resolution adopted.
REQUEST FOR TREE PLANTING ON MC CAULEY TRAIL DISCUSSED.
to a letter from Robert N. Olsen, 6709 Samuel Road, on behalf of the Indian
Foothills Association requesting that the City consider a tree planting project as
a buffer between McCauley Trail/Crosstown Hwy 62/County.
this project would have great aesthetic value as a border of Edina and would also
serve as a sound abatement from the heavy traffic on the Crosstown Hwy 62 and
County Road 18.
apart, to continue the planting begun on McCauley Trail by Gustafson.
price found would be Minnesota Valley Landscape with 2 inch Summit Ash planted at
$125.00 a tree, totaling $26,250.00 for the entire project. Manager Rosland said
the present policy regarding reforestation is that the City each year plants 50-75
trees on the boulevards, locations for which are by draw, for a yearly budget
amount of $5-7,000. Manager Rosland said this would mean a change in City policy
as there are no funds in the budget for a project like this unless the Council
would like to consider it for the 1989 Budget. An alternative would be to advise
the association that the City could do this if the property owners would agree to
being assessed for the cost.
asked that more information on the proposed project be brought back on June 6,
1988 and to so advise Mr. Olsen.
Manager Rosland referred
The association feels
They have estimated that it would take 210 trees, planted 35 feet
The best
Following discussion on the matter, the Council
CONCERN EXPRESSED REGARDING ISSUANCE OF BEER/LIQUOR LICENSES AND ORDINANCE
PROCESS. Member Smith said had two concerns: 1) issuance of beer/liquor licenses
without the Council having seen the application, and 2) process for ordinances in
that the prosecuting attorney is not included in the drafting process.
regard to the first concern, Member Turner explained that the role of the Council
is to develop policy and criteria for issuance of the licenses which the staff
then administers in the application process and brings their recommendation to the
Council regarding issuance.
they shared Member Turner’s viewpoint.
that the role of the prosecuting attorney is to prosecute violations of ordinances
which the Council has adopted and that it would mean unnecessary and additional
expense to involve him in the drafting and adoption process.
discussed and debated the issues raised but took no formal action.
With
Members Kelly and Richards and Mayor Courtney said
As to the second concern, Member Kelly
The Council
COUNCIL FOLLOW-UP SESSION WITH BARBARA ARNEY CONFIRMED FOR JUNE 27. Member Turner
advised that June 27, 1988 from 5 to 9 p.m. has been confirmed with Barbara Arney
as the Council Follow-up Session to the Strategic Planning meeting of April 9.
STAFF COMPLIMENTED ON COUNCIL DINNER WITH MEMBERS OF ADVISORY BOARDS AND
COMMISSIONS.
for the Council Dinner with members of the advisory boards and commissions held on
May 10 and said that it was well worthwhile and a neat new tradition.
WILLIAM LEWIS LETTER CONCERNING THE EDINA RECYCLING PROGRAM. Member Turner asked
that staff respond to the letter of William T. Lewis, 5409 Kellogg Avenue,
regarding the Edina recycling program and that we inform him of the Recycling
Commission meeting and try to involve him in the program.
MEMORANDUM REGARDING NORMANDALE GOLF COURSE NOTED.
memorandum of May 3, 1988 addressed to the City of Edina regarding Normandale Golf
Course in which he advised that he had met with Mark Rauenhorst regarding the
interest of the Rauenhorst family in possibly disposing of the golf course
property to the City. He stated that he felt Mr. Rauenhorst should receive a
response if the City does have an interest.
some years ago, he said that this is an opportunity that the City should not pass
up without at least exploring it.
referred to the Park Board.
that the matter of possible acquisition of the Normandale Golf Course be referred
to the Park Board for their consideration and recommendation.
by Member Kelly.
Member Turner complimented the staff for their efforts on arranging
Member Richards spoke to his
Though the City turned down the offer
Member Richards said he concurred that it be
Following a brief discussion, Member Richards moved
Motion was seconded
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
51 16 188
172
AQUATIC PARKS ARTICLE NOTED.
Richards commented that it was sent to the Council and the Park Board for
information purposes and that a copy had also been sent to the developers of the
Hedberg site.
CONTROLS FOR R-1 DISTRICT TO BE INVESTIGATED.
discussion regarding Zoning Ordinance controls for property zoned Planned
Residence District.
Development and Planning Commission for consideration as to whether the Ordinance
should be amended to incorporate some of those controls in the R-1 District.
was the consensus of the Council that staff refer this to the Planning Commission
for their recommendations.
PROPOSED BRAEMAR GOLF COURSE ADVISORY BOARD DISCUSSED. Manager Rosland referred
to a letter from Tass von Schmidt-Pauli dated April 22, 1988 concerning the
formation of a Braemar Golf Course Advisory Board that would represent the
interest of golfers on all actions and activities planned for the golf course.
He said he has met with Mr. Pauli and suggested his proposal be forwarded to the
Park Board for their recommendations to be brought back to the Council and that he
would advise Mr. Pauli of the meeting dates. Manager Rosland said he felt that if
this board were to be established, the Council and the Park Board should do the
appointment. Member Richards said he concurred that this be submitted to the Park
Board for their comments and recommendation before the Council discusses the
merits of such advisory board.
In reference to an article on Aquatic Parks, Member
Member Richards referred to earlier
He suggested that this be referred to the Community
It
I
HOMART SETTLEMENT AGREEMENT DISCUSSED. Manager Rosland advised that on May 12,
1988 staff met with representatives of Homart Development Company concerning
obtaining a release relative to the Hedberg development. Homart repeated their
request to be relieved of the $40,000 obligation as a condition to the release.
Homart's obligation was to pay one-half the cost, or $40,000, whichever is less,
toward the upgrade of the West 76th Street/France Avenue intersection.
further discussion, it was recommended that a contribution of one-third of the
improvement cost rather than one-half would be acceptable to Homart.
remaining $14,000 would be paid by'united Properties.
explained if this was acceptable this would be incorporated into a release
agreement whereby Homart would agree not to challange the Environmental Impact
State on the Hedberg project. Member Richards moved that the Homart settlement
agreement be amended to reduce to $26,670 the amount to be paid by Homart towards
the upgrade of the West 76th Streetflrance Avenue intersection and to re-affirm
that the CitJr pay $40,000 as originally agreed.
Turner.
Following
The
Assistant Manager Hughes
Motion was seconded by Member
Ayes: Richards, Smith, Turner, Courtney
Nays: Kelly
Motion carried.
NEED FOR ADDITIONAL FACILITIES AT BRAEMAR GOLF COURSE DISCUSSED. Manager Rosland
advised that, as directed by the Council at the meeting of May 2, 1988, he has
asked staff to develop data regarding the need for additional facilities at
Braemar Golf Course and has asked the Park Board for their recommendations.
FIRE DEPARTMENT ARBITRATOR'S AWARD REPORTED.
City has been notified of the award on the 1987 arbitration for the Fire
Department and that it is within budget.
increase but did not award the $10.00 insurance increase.
was awarded one additional floating holiday.
relatively favorable.
Manager Rosland advised that the
The arbitrator awarded a 3.5% salary
He said he felt the award was
Also, the 24-hour shift
No action was taken.
NOTlCE TO VACATE SENIOR CENTER BY JANUARY 1. 1989 RECEIVED. Manager Rosland
advised that a letter has been received from Rainbow Development Co., 7151 York
Avenue So., giving official notice for the Edina Senior Center to vacate the
premises located at 7151 York Avenue South on December 31, 1988. He added that
staff is working with the Edina Community Center regarding relocation of the
Center and are also looking at possibilities at Edinborough.
*CLAIMS PAID.
approve payment of the following claims as per pre-list dated 5/16/88: General ~
Fund $265,782.90, Art Center $4,219.08, Capital Fund $62,887.00, Swimming Pool
Fund $758.25, Golf Course Fund $10,737.78, Recreation Center Fund $8,498.40, Gun
Range Fund $590.90, Edinbormgh Park $12,497.30, Utility Fund $45,190.82, Liquor
Dispensary Fund $82,607.08, Construction Fund $159,114.41, IMP Bond Redemption #2
$600;00, Total %653,483.92.
Motion was made by Member Turner and seconded by Member Kelly to
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Courtney declared the
meeting adjourned at 10:40 p.m.
City Clerk