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HomeMy WebLinkAbout19880606_regular174 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 6, 1988 Answering rollcall were Members Kelly, Richards, Smith and Turner. Richards chaired the meeting. CENTENNIAL UPDATE GIVEN. Centennial, gave an update on Centennial activities. the major events that were held in May. and 500 spectators for the Sports Festival. for the month of June will include: Arts, Flowers and Fashions Festival with events as follows: June 1-30 - Floral Art Exhibition; June 3-5 - Edina Art Fair; June 1-30 - Historical Window Displays; June 12-30 - Juried Art Show; June 22 - "Edina Heritage" Hosta Dedication; June 22-23 - Edina Garden Council Flower Show; June 23 - Historical Bridal Fashion Show. Early Childhood Family Education Center will be on June 4; the Centennial Concert for Teens on June 17; Edinanite at the Twins on June 21 and the Centennial Run on June 6. starting at 10 a.m. with a parade on 50th Street, afternoon events at Lake Cornelia Park, the John Philip Sousa Memorial Band at 8:45 p.m. and a spectacular fireworks display at 9:50 p.m. CONSENT AGENDA ITEMS ADOPTED. Meniber Turner to approve and adopt the consent agenda items as presented. Mayor Pro-Tern Betty Hemstad and Kay Bach, Co-Chairs of the 1988 Betty Hemstad reported on There were approximately 500 participants Kay Bach said that the main events I A Centennial Strollathon sponsored by The month of July will begin with a Centennial Celebration of July 4th Motionwas made by Member Smith and seconded by Rollcall : Ayes: Kelly, Smith, Turner, Richards Motion carried. *MINUTES OF THE REGULAR MEETING OF MAY 2. 1988 APPROVED. Member Smith and seconded by Member Turner to approve the minutes of the Regular Meeting of May 2, 1988. Motion carried on rollcall vote, four ayes. Motion was made by .. PUBLIC HEARING CONDUCTED: WATERMAIN IMPROVEMENT NO. WM-364 AND SANITARY SEWER IMPROVEMENT NO. 83-378 APPROVED. approved and ordered placed on file. hearing was conducted and action taken as hereinafter set forth: Affidavits of Notice were presented by Clerk, Pursuant to due notice given, a public I: A. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-WM-364 IN THE FOLLOWING: Ryan Avenue from W. 62nd Street to W. 63rd Street & Parnell Avenue B. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-378 in the following: Ryan Avenue from W. 62nd Street to W. 63rd Street & Parnell Avenue The improvements listed above affecting the same properties, public hearings were conducted concurrently. Engineer Hoffman advised that this hearing is the result of a petition from the property owner to provide sewer and water service to 6225 Ryan Avenue. Option A - would provide normal water and sewer service to Lots 1 through 4 on Ryan Avenue. street the estimated costs include restoring the street to a paved condition. Estimated cost would be $19,470.18 per lot, assessment to be spread over 20 years. ODtion B - would provide sewer and water only to 6225 Ryan Avenue (Lot 4) by plumbing in lines from Parnell Avenue for the water and from the north frontage road of Crosstown 62 for the sewer. assessed against one lot only (6225 Ryan Avenue), assessment to be spread over 10 years. ODtion C - Upon receiving notice of the hearing, the other primary property owner (Lots 1 through 3) has indicated an interest in water and sewer service and indicated a willingness to give easements across the backyards of the lots to allow installation of the utilities. Estimated cost for water and sewer for three lots (Lots 2, 3 and 4) would be $10,402.80 per lot, assessment to be spread over 10 years. Option Cy subject to the property owners granting easements for installation and maintenance of the utilities. introduced the following resolution and moved adoption, subject to property owners granting easements for installation and maintenance of the utilities: Staff has analyzed the request and suggest several options. Since it is proposed to place the sewer and water lines under the Estimated cost would be $16,135.09 to be Staff would recommend construction of sewer and water improvements per No objection or comment being heard, Member Turner I RES0Z;OTION ORDERING WATERMAIN IMPROVEMENT NO. WM-364 AND SANITARY SEWER IMPROVEMENT NO. SS-378 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore causednotice of hearing to be duly published andmailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements: CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM-P-364 AND SANITARY SEWER IMPROVEMENT NO. SS-P-378 and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully adxised of the pertinent factors, does here determine to proceed with the construction of said improvement including all proceedings which may be necessary in construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as: WATERMAIN IMPROVEMENT NO. WM-364 and SANITARY SEWER IMPROVEMENT NO. SS-378 and the area to be specially assessed therefor shall include the Western 1/2 of Lots 1 through 3, Blk 3, Normandale Addition. 6/6/88 115 Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Smith, Turner, Richards Resolution adopted. PRELIMINARY REZONING AND PRELIMINARY PLAT FOR JERRY'S ENTERPRISES REFERRED TO COMMUNITY DEVELOPMENT AND PLANNING COMMISSION. and seconded by Member Turner to refer the request for preliminary rezoning (PID Planned Industrial District to PCD-2 Planned Commercial District and preliminary plat to the Community Development and Planning Commission as requested by the proponents. Motion was made by Member Smith Motion carried on rollcall vote, four ayes. *HEARING ON PRELIMINARY REZONING AND PRELIMINARY PLAT FOR PINEWOOD TOWNHOMES (HARVEY SWENSON) CONTINUED TO 6/20/88. Motion was made by Member Smith and seconded by Member Turner to continue the public hearing on the request for preliminary rezoning (R-1 Single Dwelling Unit District to PRD-2 Planned Residence District) and preliminary plat for Pinewood Townhomes (Harvey Swenson) to June 20, 1988 as requested by proponent. Motion carried on rollcall vote, four ayes. *REQUEST FOR COMPREHENSIVE PLAN AMENDMENT AND REZONING FOR 7100 FRANCE AVENUE WITHDRAWN. acknowledge and accept withdrawal by the proponent of the request for Comprehensive Plan Amendment and Rezoning (POD-1 Planned Office District to PCD-2 Planned Commercial District for 7100 France Avenue (Gabbert). Motion was made by Member Smith and seconded by Member Turner to Motion carried on rollcall vote, four ayes. FINAL REZONING TO R-2 DOUBLE DWELLING UNIT DISTRICT AND FINAL PLAT APPROVED FOR LANDMARK ADDITION. Planner Larsen presented the request for final rezoning from R-1 Single Dwelling Unit District to R-2 Double Dwelling Unit District and final plat approval for Landmark Addition, generally located east of Lincoln Drive and south of West 7th Street extended. He recalled that on May 16, 1988 the Council approved preliminary rezoning to R-2 for double bungalow development and preliminary plat for the 5 lot subdivision. rezoning and preliminary plat approval have been met. this property was satisfied by an earlier land dedication (Parkwood Knolls 20th Addition). subject property. No objection being heard, Member Turner moved final rezoning and Second Reading of Ordinance No. 825-A25 as follows: All conditions imposed at preliminary Subdivision dedication for Staff would recommend final rezoning and final plat approval for the ORDINANCE NO. 825-A25 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825) BY ADDING TO THE DOUBIX DWELIJNG UNIT DISTRICT (R-2) THE CITY COUNCIL OF THE CITY 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 Outlot C, Parkwood Knolls 20th Addition except that part which lies southerly of a line which bears North 61 degrees 47 minutes 31 seconds East from the northeast comer of Outlot B, Interlachen Hills 3rd Addition. Outlot B is assumed to bear North 87 degrees 51minutes 16 seconds East." enlarged by the addition of the following property: 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 plrblication. Motion for Second Reading of the ordinance was seconded by Member Smith. Rollcall : Ayes: Kelly, Smith, Turner, Richards Ordinance adopted. ATTEST : Mayor c al *WL% &.A- City Clerk Member Turner moved final approval and adoption of the following resolution: RESOLUTION APPROVING FINAL PLAT FOR LANDMARK ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "LANDMARK ADDITION", platted by The Lincoln Drive Partnership, a Minnesota general partnership, and presented at the regular meeting of the City-Council of Motion for adoption of Rollcall : Ayes: Kelly, Smith, Resolution adopted. June 6, 1988 be and is hereby granted the resolution was seconded by Member Turner, Richards final plat approval. Smith . *RESOLUTION ADOPTED AUTHORIZING ,PUBLIC SERVICE AGREEMENT FOR DAYCARE SERVICES WITH MINNEAPOLIS DAY CARE ASSOCIATION. Member Turner for adoption of the following resolution: Motion was made by Member Smith and seconded by 6/6/88 176 RESOLUTION AUTHORIZING EXECUTION OF PUBLIC SERVICE AGREEMENT FOR DAYCARJZ SERVICES WITH GREATER HINNEAPOLIS DAY CARE ASSOCIATION AND AUTHORIZING ASSIGNMENT UHEREAS, the City of Edina has executed a Joint Powers Agreement with Hennepin County, thereby agreeing to participate in a grant application under the Urban Counlzy designation provided for in the Housing and Codty Development Act of 1974; and, WHEREAS, part of the authorized activity for Year XIV is the support of daycare services through the administrative agency knom as the Greater Minneapolis Day Care Association; and, TJHEREBS, the Codty Development Block Grant program as administered through the Urban Hennepin County requires that each city funding daycare activity with Codty Development Block Grant monies must enter into a Public Service Agreement with the Greater Minneapolis Day Care Association; and, WHEREAS, the Public Service Agreement with the Greater Minneapolis Day Care Association allows the City to authorize Hennepin County to discharge the responsibilities of the City regarding the administration of the daycare program; BE IT RESOLVED, that the Mayor and the City Manager are authorized to execute an Agreement with the Greater Minneapolis Day Care Association for child daycare services for Year XIV of the Urban Hennepin County Community Development Block Grant program; BE IT FURTHER RESOLVED, that Hennepin County through its Office of Planning and Development be requested to directly discharge the responsibilities of the City regarding the administration of this program for Year XIV, as provided for in the Public Service Agreement. OF THE AGREEMENT'S ADMINISTRATIVE RESPONSIBILITIES TO HENNEPIN COUNTY Motion carried on rollcall vote, four ayes. REPORT PRESENTED REGARDING DAY CARE IN SINGLE FAMILY HOMES. stated that the report regarding day care in single family hones is presented in response to Member Turner's request that staff review its policy regulating day care. He said that the State Department of Human Services generates rules for licensing day care facilities which rules are administered by Hennepin County. By State Statute cities may not limit residential day care to less than 12 children. family homes. number of care givers. license categories: 1) license for 14 children requiring 2 care givers, and 2) license for a specialized infant/toddler day care facility for 9 children also requiring 2 care givers. These were not allowed because they required outside employees which is not allowed by the Zoning Ordinance standards for "customary home occupations". indicates that we have erred in classifying day care as a customary home occupation. The Zoning Ordinance distinguishes day care from other home occupations by making it a permitted accessory use in the R-1 District provided it is licensed by the State. By making day care a permitted accessory use, the Ordinance does not limit the use in the same restrictive manner it does other customary home occupations. or fewer children could have an employee who does not reside at the residence. The intent of the Ordinance was to provide for special treatment for day care. Staff would suggest the City change its administrative policy to allow all licensed family and group family day care operations with 12 or fewer children to operate in single family homes. licenses except the license for 14 children. Since both State law and the Zoning Ordinance single out day care for special treatment, it would not establish an undesirable precedent applicable to other home occupations. concluded that this change in policy will be put into practice in the future. Member Turner expressed her thanks for the research and report. taken. Planner Craig Larsen I Several types of day care licenses are issued by the County in single They vary due to.the total number of children, age of children and The City's policy has been to permit all but two of these I Planner Larsen explained that a review of the Zoning Ordinance Specifically, a licensed day care operation with 12 This would allow all categories of residential Planner Larsen No action was ORDINANCE NO. 902-A5 (WINE LICENSING) ADOPTED ON SECOND READING. Mayor Pro-Tem Richards stated that First Reading had been granted to Ordinance No. 902-A5, the wine licensing ordinance, at the last meeting following considerable discussion regarding the language of the ordinance. ordinance was still unclear. Member Smith made a motion to amend the first sentence of the ordinance as presented at First Reading to read as follows: "No person shall be sold, served or consume wine who does not order a meal." Motion was seconded by Member Turner. Member Smith commented that he felt the Ayes: Kelly, Smith, Turner, Richards Motion carried. Member Smith then moved Second Reading and adoption of Ordinance No. 90245 as amended: ORDINANCE NO. 902-A5 AN ORDINANCE AMENDING ORDINANCE NO. 902 TO CLARIFY THE REQUIREMENT THAT A MEAL BE CONSUMED WITH WINE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "(a) Paragraph (a) of Section 40 of Part H of Ordinance No. 902 is hereby amended to read as follows: No person shall be sold, served or consume wine who does not order a meal. The licensee shall advise all patrons of the requirements of this 6/6/88 177 paragraph (a) either through placards displayed in the restaurant or notices contained in the menu and wine list." passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Sec. 2. This ordinance shall be in full force and effect immediately upon its Rollcall : Ayes: Kelly, Smith, Turner, Richards Ordinance adopted. ATTEST : *BID AWARDED FOR BRIDGE DECK REPAIRS (W. 78TH STREET BRIDGE). Motion was made by Member Smith and seconded by Member Turner for award of bid for bridge deck repairs (W. 78th Street Bridge) to recommended low bidder, Progressive Contractors, Inc., at $33,376.50. Motion carried on rollcall vote, four ayes. *CLUB LIOUOR LICENSE RENEWALS APPROVED. Motion was made by Member Sm-ith and seconded by Member Turner to approve issuance of Club On-sale and Sunday Liquor License renewals for the Edina Country Club and the Interlachen Country Club. Motion carried on rollcall vote, four ayes. ALLOCATION OF FUNDS FOR FLOOD DAMAGE BY NINE MILE CREEK WATERSHED DISTRICT NOTED. Manager Rosland referred to a letter from the Nine Mile Creek Watershed District advising that they have allocated $25,000.00 to the City of Edina to repair damage resulting from flooding and erosion following the July, 1987 rain storms. Reimbursement of costs incurred will be made based upon receipt of an invoice from the City and certified by the Engineer indicating that the work has been completed. He said this is for the Council's information and that no action is needed. c\I Ln uI) 1 a CITY WATER SYSTEM REPORT PRESENTED: PLANS AND SPECIFICATIONS FOR NEW WELL AND WATER TOWER AUTHORIZED. Engineer Hoffman recalled that the Council authorized staff to update the City Master Plan for Water Systems in June of 1987. Master Plan update has been completed and the basic recommendations indicate an ultimate need for 3 additional wells and a one million gallon tower. recommendations are: 1) completing a water main loop from Braemar Arena to West 78th Street and 2) installing an electronic supervisory control system. cost for the whole system in 1988 dollars is $2,500,000. recommends that one additional well be drilled as soon as possible and that the one million gallon tower be installed in light of storage requirements that provide good fire protection as recommended by the Fire Chief. In support of the Master Plan recommendations, Engineer Hoffman explained that in the Edina community water pressures vary from 40 to 105 PSI depending on the land elevation, e.g. the high points experience the low pressures. He advised that at present the average day consumption of water is 7,890,000 gallons/day with the maximum at 21,160,000 gallons/day. Ultimate consumption as determined by the consultant would be average day consumption of 8,870,000 gallons/day with the maximum at 23,610,000 gallons/day. The system design assumes using 90% of well capacity and 180 gallons per capita consumption. ultimate storage should be 7,000,000 MGD. Council to authorize that engineering plans and specifications be developed for a new well and water tower. into operation. the utility fund and approximately $10-15,000 from engineering funds. cost for the new well and tower is $1,300,000. $1,600,000. statement showing the water/sewer charges and a recommendation that the rates be raised to pick up some of the costs. It was noted that a letter had been received from residents of Dublin Circle expressing their concern about the low water pressure to their homes during periods of dry and hot weather. asked at what point staff would recommend adding the two additional wells. Engineer Hoffman said the recommendation is to locate the first well at Edina High School and the tower at Van Valkenburg Park. relationship to the Hedberg development, Phase I1 at the southeast corner. third well would be at the northwest corner when final development is completed in that area. fire insurance rates for Edina. Chief Paulfranz responded that we are doing as well as we can with our water system except for the recent crisis periods. City had a bad experience during a crisis period that would probably reflect on fire insurance rates. change in land use for the Meadowbrook Golf Course would have on Edina's water system. storm water system. authorizing that engineering plans and specification be developed for a new well The Additional The total The report further Current storage capacity is 6,000,000 MGD and Staff recommendation would be for Approximately one year is required to put a new well Engineer Hoffman stated that initial costs will be funded from Estimated The utility fund has a reserve of The Finance Department will be bringing to the Council a financial Member Turner The second well would be in The Member Smith asked about the impact of the current water system on I If the Member Kelly said she was concerned about the effect a Engineer Hoffman explained that there are no wells involved there, only a There being no further comment, Member Smith made a motion 6/6/89 178 and vater tower. Motion was seconded by Member Turner. Ayes: Kelly, Smith, Turner, Richards Motion carried. STORM WATER CAPITAL IMPROVEMENT PLAN DISCUSSED: PUBLIC HEARING TO RE HELD. Engineer Hoffman recalled that the City's storm water plan had been discussed at a special meeting on May 16, 1988. staff should look at placing the storm water system into a capital plan as we do with streets and the sanitary sewer system. inspecting the entire area of the City as to storm water drainage, etc. He said it was important to develop a design that would provide a uniform level of protection for all developed properties. Also, to look at remaining undeveloped areas as part of'the overall design. Staff would recommend that a 10-year storm water capital improvement plan be developed, that projects be prioritized based on lowest cost/maximum benefit, and that the capital improvement plan be brought to public hearing on September 12, 1988. As to funding, the recommendation is to create a stormwater utility fund which would generate funds to pay for maintenance and or/upgrade of the storm water system. Recommended public hearing date for establishment of a stormwater utility fund is August 15, 1988. Rates would be established for residential property and rates for commercial property would be based on amount of hard surface on each property. stating if the storm water plan proceeds as outlined construction could begin before year end. audience what has occurred since <he July rain storms. that at the end of the storm cleanup process last year staff began analyzing the topography of the entire City, collected information, broke it down into small drainage areas by acreage, took elevations in the field to determine temporary flood storage, etc. On February 22, 1988 a report was given to the Council on how the July 1987 storm and other storms related to the general storm water designs of the City. At the meeting of May 16, 1988 it was the consensus to deal with this issue by a capital plan process. plan as proposed would bring if we have another storm like last year. July 23, 1987, it may lessen the severity, but it all depends on the type of storm. In talking to other cities, he said no city can assure protection from any given storm at any given time. What we are talking about are the 100 year events, the 10 year pipe design, looking at a policy issue of moving water from private flooding to a public area, etc. Speaking in support of upgrading the storm water system were: Paul Scully, 6024 Leslee Lane; Vince McConville, 7008 Sally Lane; Bruce Hill, 6832 Sally Lane; Joan Schmidt, 7000 Sally Lane; Wayne Alexander, 7028 Sally Lane, and Tapan Bhattacharya, 6808 Sally Lane. Following further discussion, Member Kelly moved to authorize staff to develop the following for public hearing: A) Proposed 10 year Capital Plan (September 12), B) Finish Analysis for Determining Appropriate Level of Service, and C) Proposed Utility Fund (August 15). Ayes: Kelly, Smith, Turner, Richards Motion carried. Following that discussion it was concluded that Staff has spent considerable time in I Engineer Hoffman concluded by Mayor Pro-Tem Richards asked Engineer Hoffman to review for the Engineer Hoffman explained Member Smith asked what level of protection the Engineer Hoffman said that nothing we do will prevent a reoccurrence of what happened on I I Motion was seconded by Member Turner. PROPOSED LMC DUES ADJUSTMENT DISCUSSED. the League of Minnesota Cities (LMC) dated May 20, 1988 in which they proposed a constitutional amendment for a dues adjustment not to exceed 5% for 1989-90, 6% for 1990-91 and 7% for 1991-92. The amendment will be voted on at the June 9 meeting of the LMC Conference and a response is needed from the Council regarding the amendment. membership in the LMC each year at budget time. for 1988-89 are $13,930, for 1989-90 will be $14,767 and for 1990-91will be $15,802. programs the LMC seems unable to benefit the City. issues, lobbying and other program they are of some benefit. The other aspect is do we participate so that we can hopefully have an affect on the various programs. He recommended that the City stay a member at the present time. Total membership dues for the three lobbying groups in which the City has membership is just under $35,000 (LMC, AMM and MLC). Member Turner said she would support staying in the LMC and the proposed constitutional amendment but said the cities should receive information to justify the size of the dues increase. commented that he felt the LMC is an organization that is out-state or small town oriented. He said the perception is that the well-to-do communities who have a strong tax base should help finance many of the services for small communities. It seems that every tax increase is passed on across the board and those who do not avail themselves of services from LMC are paying more and more because their base is higher; that it is a difficult issue to ask us to approve those percentage increases compared to the rate of inflation over the last few years. He said he was concerned about giving a blanket authorization for the proposed increases and would urge the Council Members who will attend the meeting to speak on behalf of the City of Edina and ask who is getting those services and ask that a user fee be explored for the LMC. not being well served. Following further discussion, Mayor Pro-Tem Richards asked Member Smith prior to budget hearings to get background information from staff as to what we pay each organization and formulate a summary as to what benefit we get Manager Rosland referred to a letter from He said that the Council has been debating whether to retain its Dues for 1987-88 were $13,267; Manager Rosland commented that from the standpoint of fiscal and tax However, for informational Mayor Pro-Tem Richards Member Smith said we should vote against it; that we are 6/6/88 r_-i . cu Ln Ln I m a from each organization. Motion failed for lack of second. speak for the Council at the annual meeting on June 9, 1988 reflecting the points raised: 1) justification for any increase (more information on financial assumptions used), 2) explore the user fee concept, 3) express concern that ' suburban communities continue to pay an unfair share. Motion was seconded by Member Kelly. Member Smith moved rejection of the proposed amendment. Member Turner then moved that those attending Ayes: Kelly, Smith, Turner, Richards Motion carried. PLANTINGS ON MC CAULEY TRAIL DISCUSSED. Recreation, recalled that at the last meeting the Council had briefly discussed the request from Robert N. Olsen, on behalf of the Indian Foothills Association, to consider a tree planting project along McCauley Trail. The Council had asked that more information be brought back to the Council. the City not participate in this program because this has not been our policy in the past. As has been in other cases, staff would recommend encouraging the neighbors to participate in the program themselves by purchasing, planting and maintaining the trees as a continuing beautification by the residents of the community. also talked with Ann Fallon, 6417 Timber Ridge, who had written on behalf of the residents of Timber Ridge asking that the City plant ground cover and shrubbery on their retaining wall. Robert Olsen, 6709 Samuel Road, spoke in support of their proposed tree project on McCauley Trail. Bob Teese, 6705 Samuel Road, stated that maybe the residents could raise some of the money but would like the City's cooperation. that the City could give advice for such a project but would support this as private involvement. Member Smith said that there is too big a squeeze for City funds on other projects such as the storm water plan to realistically find money for the proposed tree project. Mayor Pro-Tem Richards suggested to Mr. Olsen and Mr. Teese that they continue to discuss and get advice from Mr. Kojetin regarding the project if the residents wish to undertake it as a private project. BOARD/COMMISSION TERM EXPIRATION DATES CLARIFIED. Ordinance No. 102 adopted on May 16, 1988 limiting terms of service of individuals appointed by the Council to boards, commissions or committeesand asked for clarification of eligibility for re-appointment. 12 years when their term is up can they be re-appointed if another term would result in their serving more than 12 years. consensus of the Council that such an individual could be re-appointed and that this would apply beginning January 1, 1990. PROPOSED MLC LAWSUIT DISCUSSED. Manager Rosland advised that the Municipal Legislative Commission (MLC) last week voted to proceed with the process to sue the State of Minnesota on the constitutionality of a portion of the new tax bill. The Operating Committee has developed four plans: 1) fiscal - cost and funding; 2) who will join the MLC in the lawsuit; 3) public relations; and 4) legal counsel to carry forward the lawsuit. The member city councils will have the opportunity to vote on the issue if the committee decides to proceed. The portion of the new tax bill that will be challenged is tax disparity. He explained that the tax law would bring everyone to a mill levy limit - if you spend over 125 mills the State will pay for that difference and if you spend less than 125 mills you pay your own freight. regarding State Aid and its affect on the City of Edina. that the AMM Board was asked that the AMM join in the suit. AMM staff to come back with more facts and figures and the Board will consider at its next meeting a vote to join the suit. Minneapolis has been asked to join the suit. everybody to join in the suit but at this stage no firm commitments have been made. with a proposal. political wisdom of the elected officials of the State. time and money needlessly and said he would like an opinion from the City Attorney as to the likelihood of success of the suit. would get the report when the four plans are developed and the Council could then make their decision. *HEARING DATE SET FOR TRANSFER OF CABLE FRANCHISE TO NEW GRANTEE. by Member Smith and seconded by Member Turner to adopt the following resolution: RESOLUTION BE IT RESOLVED that the City Council of the City of Edina that in accordance with the applicable provisions of Minnesota Statute 238 this Council shall meet on Monday, July 11, 1988, at 7:OO p.m. in the Edina City Hall to consider in public hearing the proposed transfer of the City's cable television franchise to a new Grantee; BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper ten days prior to the hearing date. Bob Kojetin, Director of Parks & Staff would recommend that He said he had talked with Mr. Olsen about the recommendation and had Member Turner commented that the proposal is a marvelous idea and Manager Rosland referred to If an individual has not served Following discussion, it the Manager Rosland also presented facts and figures on the new tax laws Member Turner advised The Board asked the Member Kelly asked if the City of Manager Rosland said they are asking Mayor Pro-Tem Richards said he would like to see a specific written report He questioned if a judge or panel of judges would change the He questioned spending Manager Rosland said the Council Following further debate, no formal action was taken. Motion vas made Motion carried on rollcall vote, four ayes. 6/6/88 RESOLUTION ADOPTED IN OPPOSITION TO TRANSFER OF JURY TRIALS TO GOVERNMENT CENTER. Manager Rosland advised that an executive committee of Hennepin County District Court has approved a proposal to transfer jury trials from the Brookdale, Southdale and Ridgedale court facilities to the Hennepin County Government Center. He said the Prosecuting Attorney and staff feel strongly that we should object to the transfer of jury trials to the Government Center. the following resolution and moved adoption: Member Turner introduced RESOLUTION IN OPPOSITION TO TRANSFERRING JURY TRIALS FROM THE SOUTHDALE COURT FACILITY TO DOWNTOWN HENNEPIN COUNTY GOVERNMENT CENTER RHEREAS, the City Council of Edi~ is the official governing body of the City of Edi~; and RHEREAS, the City of Edina consented to moving the Edina municipal court facility to Southdale based on Hennepin County's representation that.al1 Edina court and jury trials would be conducted at the Southdale facility; and WHEREAS, the Southdale court facility has sufficient courtroom space to accommodate the handling of all misdemeanor court and jury trials for municipalities located in Division IV; and WHEREAS, the City has been informed that an executive committee of the Hennepin County District Court judges voted recently to transfer the handling of Edina jury trials from the Southdale facility to the downtown Hennepin County Government Center; and WHEREAS, the entire Hennepin County bench is scheduled to vote on the above proposal on June 6, 1988; and WHEREAS, the Edi~ City Attorney's Office presently assigns two attorneys to handle criminal prosecution and moving E~~M's jury trials from Southdale to the Hennepin County Government Center would strain its ability to make all required court appearances including arraignments, pretrials and court trials, and thereby likely result in cases being dismissed; and RHEREAS, the Edi~ Police Department is strongly opposed to the proposed move because of the increased time and cost involved in travelling downtown and the fact that police officers can currently be working and "on-call" when jury trials are processed at the Southdale facility; and RHEREAS, it is the experience of the City Attorney's Office that civilian witnesses are often reluctant to travel downtown because of excess time lost from work; unfamiliarity with downtown; and cost and availability of parking and that this general reluctance will make it more difficult to successfully prosecute cases; and RHEREAS, it is highly likely that suburban jury trials would have low priority for jury assignment in the downtown facility and that a backlog of cases would inevitably develop ; and WHEREAS, moving jury trials downtown would further distance the residents of Edina from their court system and constitute a waste of taxpayers money expended for construction of the Southdale facility; and WHEREAS, the transfer of jury trials from the Southdale facility to the Hennepin County Government Center will result in substantial increases in the total cost of prosecution for the City of Edina, including loss of police and attorney work time, increased overtime pay, and probably increases in personnel; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY OF EDINA IN REGULAR MEETING ASSEMBLED, that the City Council strongly opposes the proposed transfer of Edina's jury trials from the Southdale court facility to the downtown Hennepin County Government Center for the foregoing reasons. BE IT FURTHER RESOLVED, that a copy of this resolutionbe sent to each member of the Hennepin County Commissioners, Edina's representatives in the State Legislature and the mayors of each municipality located in Division I1 (Brookdale), Division I11 (Ridgedale) and Division IV (Southdale). Motion for adoption of the resolution was seconded by Member Kelly. I Rollcall : Ayes: Kelly, Smith, Turner Nays: Richards Resolution adopted. RESOLUTION ADOPTED RECOGNIZING THAT SERVICE,BY COUNCIL MEMBERS ON BOARDS AND COMMISSIONS IS PART OF OFFICIAL DUTIES. the Council has been concerned about liability in connection with serving on non-City Boards and Commissions and wanted to know if they would be indemnified by the City. Regarding compliance with the applicable Statute 466.07, Attorney Erickson has recommended that the Council adopt a resolution that would recognize that service by Council Members on boards and commissions is part of their official duties. adoption : Manager Rosland advised that a member of I ~ Member Smith introduced the following resolution and moved RESOLUTION RECOGNIZING THAT SERVICE BY COUNCIL MEMBERS ON BOARDS AND COMMISSIONS AT REQUEST OR DIRECTION OF CITY COUNCIL IS PART OF THE PERFORMANCE OF. AND WITHIN THE SCOPE OF. THEIR OFFICIAL DUTIES BE IT RESOLVED, by the City Council of the City of Edina, as follows: WHEREAS, Council Members, from time to time, are requested or directed by the City Council to serve onvarious boards and commissions, which service is for the benefit of, or is in the best interests of, the City. It is, therefore, recognized and acknowledge by the City Council that service heretofore or hereafter undertaken or to be undertaken by Council Members on such 616.188 boards or commissions has been and shall be a part of the performance within the scope of, the official duties of such Council Members. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Kelly, Smith, Turner, Richards Resolution adopted. 181 of, and _OUESTION ASKED REGARDING HOOK-UP TO SEWER AND WATER WHEN HOME SOLD. Member Kelly asked if the City had an ordinance requiring a home without sewer and water to be connected to sewer and water when that home is sold. that if they have good well water they can stay on that forever. years to hook-up to the sewer if the sewer goes by the house unless they obtain a variarice * Engineer Hoffman explained They have two CONCERN REGARDING TAX INCREMENT BONDS/50TH AND FRANCE DISTRICT. Member Kelly said she would like to see the City retire the tax increment bonds held by the 50th and France Tax Increment District, that she was concerned that we have a lot of property in tax increment districts. Member Turner asked when would be the appropriate time to analyze that. Gordon Hughes responded that the Council was given the figures last November when’the project hearing was held for the theatre and ramp expansion. Those figures focused on what the annual debt is compared to the tax increments and did not focus on when the bonds will be paid off or how soon the district should be terminated. available. Following discussion, it was informally agreed that the Manager determine when the Finance Director is able to bring back that information. He said those figures could be made IMPACT OF CITY OF TAX INCREMENT FINANCING BILL AND COMPARABLE WORTH CHANGES ASKED. Member Turner said she would like to see a short analysis of how the tax increment financing bill affects the City of Edina. affect the City, if at all. Also, how the comparable worth changes APPOINTMENT TO TRANSPORTATION STUDY BOARD DISCUSSED. Member Turner asked if someone representing the City should be appointed to the new formed Transportation Board approved by the Legislature. STATUS OF LINK ROAD PROJECT ASKED. Member Turner asked what the status was of the Link Road project. project. CLAIMS PAID. approve payment of the following claims dated 6/6/88: Art Center $7,988.28, Capital Fund $26,338.41, Swimming Pool Fund $1,624.01, Golf Course Fund $25,327.57, Recreation Center Fund $29,153.93, Gun Range Fund $927.64, Edinborough Park $8,272.67, Utility Fund $261,809.61, Liquor Dispensary Fund $11,939.82, Construction Fund $1,725.00, Total $623,747.89; and for confirmation of payment of Claims dated 4/30/88: General Fund $205,028.16, Art Center $1,134.61, Swimming Pool Fund $124.72, Golf Course Fund $4,129.63, Recreation Center Fund $7,097.28, Fuxi Range Fund $520.18, Edinborough Park $11,224.78, Utility Fund $22,566.54, Liquor Dispensary Fund $253,916.73, Total $505,742.63. Engineer Hoffman said the City is still negotiating on that Motion was made by Member Smith and seconded by Member Turner to General Fund $248,640.95, Motion carried on rollcall vote, There being no further business on adjournment was seconded by Member four ayes. the Council Agenda, motion of Member Smith for Kelly and carried. Adjournment at 9:58 p.m. %L3U City Clerk