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MINUTES 205 OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
AUGUST 1, 1988
Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney.
RESOLUTION OF CONDOLENCE FOR WARREN C. HYDE ADOPTED. Motion of Member Turner was
seconded by Member Richards for adoption of the following resolution: - RESOLU%ION OF CONDOLENCE
WHEREAS, on the 20th day of July 1988, death brought to a close the active and - productive life of Warren C. Hyde; and
WHEREAS, he served as City Manager of the City of Edina, Minnesota, beginning in
1954 until his retirement in 1977; and
WHEREAS, he managed the City as it grew from a rural village of approximately
16,000 to a first class metropolitan suburb of more than 46,000 residents who have
recognized and appreciated the quality of life he strove to achieve for the City;
and
WHEREAS, he was instrumental in acquiring the land for Lake Cornelia Park, in the
development of Braemar Golf Course, the municipal pool and the many other parks
within Edina’s boundaries; and
WHEREAS, he was named one of the top ten managers in the nation by the
International City Management Association; was honored by the League of Minnesota
Cities as an outstanding municipal official and was greatly respected by his peers
for his management skills;
WHEREAS, he was widely involved in community, state and national issues of
critical interest to municipal government;
NOW, !UEREFORE, BE IT RESOLVED that the Mayor and Council of the City of Edina,
Minnesota, does hereby mourn the passing of
and extends its condolences to his wife, Janet, his sons Michael and Robert, his
daughter Laurel, stepdaughters Jill, Karen and Kristen and his grandchildren;
BE IT FUR- RESOLVED that this resolution be entered in the Minutes of the Edina
City Council and that a copy be presented to his family.
ADOPTED this 1st day of August, 1988.
WARREN C. WE
Resolution adopted unanimously.
STEVEN GRAUSAM COMMENDED.
that he is a relatively new employee at the York Avenue liquor store having
started with the City in July, 1987.
his knowledge of the business has grown every day.
manager and has been recommended for store manager in the future.
commended him for excellent work and presented him with a silver pen bearing the
Edina Logo in appreciation.
Manager Rosland introduced Steven Grausam and advised
His job performance has been outstanding and
Manager Rosland
The Council also added their thanks and commendation.
He is an assistant store
CONSENT AGENDA ITEMS ADOPTED.
Member Turner to approve and adopt the consent agenda items as presented.
Hotion was made by Member Smith and seconded by
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
*MINUTES OF THE REGULAR MEETING OF JULY 18. 1988 APPROVED.
Member Smith and seconded by Member Turner to approve the minutes of the Regular
Meeting of July 18, 1988.
Motion carried on rollcall vote, five ayes.
Hotion was made by
ORDINANCE NO. 825-A26 (MIXED DEVELOPMENT DISTRICT) ADOPTED: SECOND READING WAIVED.
Affidavits of Notice were presented, approved and ordered placed on file.
Craig Larsen recalled that on October 12, 1987 the Council gave preliminary
approval for the overall development plan for the Hedberg project.
that approval was that an amendment to the Zoning Ordinance be developed that
would address the procedures and also the unique nature of the project. He
advised that an amendment has been drafted which addresses both the procedure for
rezoning and the developmental constraints for Mixed Development Districts.
draft amendment to the procedure section would replace the current two-step review
process with a three-step process for multi-phase projects. Single phase projects
would continue to be subject to a two-step process.
Development Plan, would remain as currently stated for most developments. It
would include land use, density, parking, etc. Step two, Overall Development
Plan, would provide location and height of building, landscaping concept, and a
preliminary plan for all public improvements.
would constitute final rezoning of the tract.
Approval, would be a review of final design development details for each phase of
the development.
such as Hedberg that is projected to take from 5 to 10 years to develop, a third
step has been added to the process.
such as Hedberg, the specifics as to actual building materials, shape, footprint
and location of all parking would not be determined in the Overall Development
Plan but would be determined in the Final Site Plan Approval.
standards section, Section 14, a new district, MD-6 has been added. This district
would require a minimum tract of 50 acres which would be expected to be a
Planner
A condition of
The
Step one, Preliminary
Overall Development Plan approval
Step three, Final Site Plan
Planner Larsen explained that, in a large multi-year project
For the first two steps in a large project
In the development
81 1/ 88
286
multi-phase project. This compares to a 5 acre minimum for the MD-5 District.
Districts MD-3, MD-4, and MD-5 were designed originally to favor and promote the
construction of housing and to give non-residential use as a reward for that
housing.
non-residential uses and recognizes the unique nature of the project. Commercial
and retail uses are a much more integral element in the MD-6 District compared to
its accessory use status in the other districts and would become a free standing
principal use in the MD-6 District.
Project plans that have been presented. Planner Larsen added that the amendment
has been modified to reflect the recommendations of the Community Development and
Planning Commission on setback and traffic studies. The traffic study would be
required at Preliminary Plan Approval, step one of the process. Parcels 50 acres
in size or greater should be subjected to a traffic impact analysis and plan as
the phases proceed to be developed. The Commission recommended that the setbacks
in Section F.3 remain as originally stated. The only new requirements would be
those for the MD-6 District.
would recommend adoption with waiver of Second Reading so that the amendment would
be in place before final rezoning for the Hedberg Project.
for a clarification of when the traffic impact analysis would be required.
Planner Larsen responded that it will be included in step one.
questioned if, in a future MD-6 District proposal, there would be adequate grounds
for the Council to limit the proportion of commercial use versus housing. Planner
Larsen said the intent of the ordinance would be to allow the Council the
flexibility to review the plan and to say that the proportions, in their opinion,
are wrong.
folloving ordinance, vith waiver of Second Reading:
The MD-6 District creates more of a balance between residential and
This would be consistent to the Hedberg
.
If the Council approves the draft amendment, staff
Member Turner asked
Member Turner
No further comment being heard, Member Turner moved adoption of the
ORDINANCE NO. 825-626
AN ORDINANCE AHENDING THE ZONING ORDINANCE (NO 825)
TO ADD PROCEDURES FOR REZONING TO MIXED DEVEIDPIE"
DISTRICT AND TO ADD MDD-6 DISTRICT TO THE MIXED DEVEMPZlENT DISTRICT
THE CITP COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Subparagraph B.3. of section 4 is amended to read as follovs:
"3. Procedure for Rezonina to Planned Residential District. Regional
Medical District. Planned Office District. Planned Commercial District. and
Planned Industrial District."
paragraph:
Section 2. Section 4 is hereby amended by adding the folloving new
"3A. Procedure for Rezoninp to Mixed Development District.
(a) Preliminarv Development Plan. The petition for rezoning shall
include a Preliminary Development Plan drawn to a scale of not more than 50
feet to the inch upon which are shown the following data and information:
a boundary survey, prepared by a Registered Land Surveyor,
shoving the entire outline, dimensions and area of the property to vhich the
petition relates, and any existing structures, easements, water bodies,
watercourses and floodplains located thereon:
widths of all streets and alleys located vithin 100 feet of the perimeter of
the property;
of all proposed structures, and approximate gross floor area of non-
residential buildings or number of dwelling units in residential
buildings ;
stalls ;
for projects proposed for rezoning to M)-5 or MD-6 districts (the analysis
and plan shall be separate documents delivered with the Preliminary
Development Plan);
planner, to evaluate the petition, to determine consistency vith the
Comprehensive Plan, and to insure compliance with the requirements of this
ordinance and other applicable City ordinances.
after receipt by the Planning Department of the petition, fee and all other
information herein required, in form and substance acceptable to the Planner,
the Planning Department vi11 review the petition, Preliminary Development
Plan and the other information provided by the petitioner, and forward a
report to the Commission. The Commission shall review the report of the
Planning Department and send its recommendation to the Council.
request of the Planner, Manager or petitioner, and after review and
recommendation by the Commission, the Council shall conduct a public hearing
regarding the petition and Preliminary Development Plan.
be held not later than 60 days after the date of the recommendation by the
Commission.
shall be published in the official newspaper of the City at least ten days
prior to the date of the hearing.
mailed at least ten days before the date of the hearing to each owner of
property situated vholly or partly vithin 500 feet of the tract to vhich the
(i)
(ii) all existing structures, rights of way widths and traveled
(iii) the general location, general exterior dimensions and height
(iv) the location, arrangement and number of automobile parking
(v) a traffic impact analysis, and travel demand management plan
(vi) such other information as is necessary, in the opinion of the
(b) Commission Review of Preliminaw Develomnent Plan. Within 45 days
(c) Council Hearings and Decision: Preliminary Zonina Approval. Upon
The hearing shall
A notice of the date, time, place and purpose of the hearing
A similar notice of hearing shall be
t
1
Ln u?
8/1/88
207
petition relates insofar as the names and addresses of such owners can
reasonably be determined by the Clerk from records maintained by the
Assessor.
the Council shall make its decision at the same meeting or at a specified
future date.
the Council to a specified future date.
of all members of the Council shall be required to grant preliminary
approval. If prellminary rezoning approval is granted, the petitioner may
prepare an Overall Development Plan for final rezoning approval.
preliminary rezoning approval, the Council may make modifications to the
Preliminary Development Plan and may impose conditions on its approval.
petitioner shall include such modifications, and comply with such conditions,
in the Overall Development Plan, or at such other time and by such other
documents, as the Council may require or as shall be appropriate.
(d) Overall DeveloDment Plan. Multiple phase developments shall be
subject to Overall Development Plan review and action and also to Final Site
Plan review and action in separate proceedings as herein provided.
phase developments shall be subject to Overall Development Plan and Final
Site Plan review and action in one proceeding and all information required in
Overall Development Plan review and action and for Final Site Plan review and
action shall be included and provided with action for Overall Development
Plan review.
data delineated, or required to be delineated, on the Preliminary Development
Plan and, in addition, the following data and information:
height of all existing and proposed structures on the tract;
driveways, vehicular entrances and exits, driveway intersections with
streets, parking areas, maneuvering areas and sidewalks; therefor;
After hearing the oral or written views of all interested persons,
No new notice need be given for hearings which are continued by
An affirmative vote of four-fifths
In granting
The
Single
The Overall Development Plan shall include all information and
(i)
(ii)
a site plan illustrating the approximate location and maximum
the schematic design features of all proposed streets,
(iii) a landscape concept plan;
(iv)
(v)
(vi) if a multiple phase development, a phasing plan identifying
a general overall grading plan indicating grades and the
location of all existing, and the schematic design of all
direction and destination of surface drainage;
proposed, watermains, sanitary sewers, drainage facilities and storm sewers;
the public and private elements and components of each phase and
approximate timing of each phase; and;
Planner, to evaluate the plan, determine consistency with the Comprehensive
Plan and to insure compliance with the requirements of this ordinance and
other applicable City ordinances.
after submission of the Overall Development Plan in form and substance
acceptable to the Planner, the Commission shall review the Overall
Development Plan and shall recommend approval by the Council upon finding
that the proposed development:
is consistent with the Comprehensive Plan;
(vii) any other information necessary, in the opinion of the
(e) Commission Review of Overall DeVelODment Plan. Within 45 days
(i)
(ii) is consistent with the Preliminary Development Plan as
approved and modified by the Council and containing the conditions imposed by
the Council to the extent such conditions can be complied with by the Overall
Development Plan;
will not be detrimental to properties surrounding the tract; (iii)
(iv)
(v)
(vi)
(vii)
will not result in an overly-intensive land use;
will not result in undue traffic congestion or traffic
hazards ;
applicable City ordinances; and
improvements, existing structures, open space and natural features.
A recommendation of approval by the Commission shall be deemed to include a
favorable finding on each of the foregoing matters even if not specifically
set out in the approval resolution or the minutes of the Commission meeting.
(f) Council Hearinp: and Decision: Overall Rezoninp:. Within 60 days
after the recommendation on the Overall Development Plan by the Commission,
the Council shall conduct a public hearing on the Overall Development Plan in
the same manner and with the same notices as required for preliminary
rezoning approval. After hearing the oral and written views of all
interested persons, the Council may accept or reject the findings of the
Commission and thereby approve or disapprove the Overall Development Plan.
Final approval shall require a four-fifths favorable vote of all members of
the Council. Approval may be made subject to modifications and conditions
which, together with the modifications and conditions made by the Council at
the time of preliminary rezoning approval and not done and fulfilled by the
Overall Development Plan, must be fulfilled and met, to the satisfaction of
the Planner, before the final approval becomes effective. Approval of the
Overall Development Plan shall also constitute final rezoning of the tract
included in the plans, and the publication of the ordinance amendment
effecting the zoning change shall thereby be authorized, but no final
rezoning or publication shall be effective or done until the modifications
conforms to the provisions of this ordinance and other
provides a proper relationship between the proposed
8/1/88
208
and conditions, if any, made by the Council have been met and fulfilled to
the satisfaction of the Planner.
Height Reuuirements.
applicable lot area, dimensions, building bulk, setbacks and height
requirements in connection with and at the same time as Final Site Plan
approval or Overall Rezoning approval.
(h) Filinn. The approved Overall Development Plan and approved Final
Site Plan shall be filed in the Planning Department.
(i) Final Site Plan Approval. Wtiple phase developments shall be
subject to Final Site Plan reviev and action by the Commission and Council in
the same manner as they review and act on the Overall Development Plan,
except that a three-fifths favorable vote of the Council shall be required
for approval.
required for Final Site Plan approval at the time of Overall Development Plan
review and Overall Development Plan approval shall also constitute Final Site
Plan approval.
data delineated, or required to be delineated, on the Overall Development
Plan and, in addition, the following data and information:
proposed structures in the'proposed phase including a description of existing
and proposed exterior building materials;
of this ordinance;
streets, driveways, vehicular entrances and exits, driveway intersections
with streets, parking areas, loading areas, manewering areas and sidewalks,
together with dimensions and locations of all existing and proposed public
and private easements therefore;
location of all existing, and preliminary layout and design
of all proposed, watermains, sanitary sewers, drainage facilities and storm
sewers, together with dimensions and locations of all existing and proposed
public and private easements therefore;
and modified by the Council and containing the conditions imposed by the
Council to the extent such conditions can be complied vith by the Final Site
Plans: and
(g) Exceptions From Lot Area. Dimensions. Building Bulk. Setbacks and
The council may authorize exceptions from otherwise
Single phase developments shall include all information
Final Site Plan approval shall include all information and
(i) the exact location and elevation drawings of all existing and
(ii)
(iii) the locations, dimensions and design features of all proposed
a landscape plan and schedule in accordance with section 10
(iv)
(v) is consistent with the Overall Development Plan as approved
I (vi) any other information necessary, in the opinion of the
Planner, to evaluate the plans and insure compliance vith requirements of
this ordinance and other applicable City ordinances. (9) Development. The development of the tract shall be done and
accomplished in full compliance with the approved Final Site Plan, as
modified by, and vith the conditions made by, the Council, and in full
compliance with this ordinance and other applicable City ordinances.
Applications for building permits shall be reviewed by the Planning
Department prior to issuance of such pedts to determine if they conform
to the provisions of this ordinance, the approved Final Site Plan, as
modified by, and with the conditions made by, the Council, and other
applicable City ordinances.
Minor changes in the location and placement of buildings or other improve-
ments due to unforeseen circumstances may be authorized by the Planner.
Proposed changes to the approved Overall Development Plan or Final Site
Plan affecting structural types, building location, building coverage, mass
intensity or height, allocation of open space and all other changes which
affect the overall design of the property shall be acted on, reviewed and
processed by the Commission and Council in the same manner as they reviewed
and processed the Final Site Plan."
(k) Changes to Approved Overall Development Plan And Final Site Plan.
Section 3.
"SECTION 14. MIXED DEVELOPHE" DISTRICT (mor>)
Section 14, is hereby amended and replaced with the following
new section:
A. Subdistricts. The Wxed Development District shall be divided
into the following subdistricts:
HD-3
m-4
m-5
HD-6
B. Principal Uses.
In HD-3. HD-4, HD-5 subdistricts:
1.
Publicly-owned or operated civic or cultural institutions.
Publicly-owned park and recreational facilities.
Building containing not fewer than ten dwelling units or
senior citizen dwelling units.
2.
3.
4. Offices, including business and professional offices, medical and
5. Financial institutions.
7. Day care.
dental offices, post offices, travel agencies and travel bureaus.
'6. Publicly-owned parking facilities.
In HD-6 subdistricts:
209
1.
2.
All Principal Uses in the MD-3, MD-4, and MD-5 subdistricts;
All Principal Uses in the PC-1 and PC-2 subdistricts, except:
(a) animal hospitals and kennels
(b) automotive accessory shops
(c) clubs and’lodge halls
(d) exterminating offices
(e) pawn shops
(f)
Department stores or shopping centers exceeding 40,000 square
undertaking and funeral home establishments
3. Health and athletic clubs.
4.
feet .
C. Accessorp Uses.
1.
2. Customary home occupations.
3.
In MD-3. 4. 5.
1.
2. Drive-through facilities.
3.
Recreational facilities solely for the use and enjoyment of
residents of a residential principal use and their guests.
Mass transit passenger waiting and pick-up facilities.
D. Conditional Uses.
Privately owned recreational facilities other than those
permitted in paragraph C.l of this section.
All principal uses allowed in the PC-1 and PC-2 subdistricts,
(a) animal hospitals and kennels
(b) automotive accessory stores
(c) clubs and lodge halls
(d) exterminating offices
(e) pawn shops
(f) In MD-6.
1. Commercial uses in residential buildings.
E. Density.
1. Allowed Number of Dwelling Units.
(a) Resuired Lot Area. The area of the tract shall not be less
except :
undertaking and funeral home establishments
than the sum of the required lot area for each dwelling unit thereon, adjusted
by the allowances permitted or imposed by this paragraph.
Required Lot AreaDwelling Unit Maximum Allowance
(Square Feet) (Square Feet/Dwelling Unit)
m-3 4,400 1,000
MD-4 3,600 1,000
MD-5 3,300 1,500
m-6 3,300 1,500
(b) Schedule of Allowances.
(i) Subtract 500 feet for each required residential parking
space within or under the principal building or otherwise completely
underground.
(ii)
in any one dwelling unit.
(iii)
total building coverage is less than 20 percent. (Buildings devoted to public
or private park, or an accessory recreational facility, shall be excluded from
building coverage for purposes of this allowance.
Mixed Development District includes a publicly owned park that is developed or
programmed to be developed with recreational facilities or other facilities for
the use and enjoyment of the general public.
(v)
reserved for sale or rent to persons of low and moderate income, as defined by,
and pursuant to an agreement approved by, the Housing and Redevelopment
Authority of Edina, Minnesota.
Add 500 square feet for each bedroom in excess of two
Subtract 250 square feet for each dwelling unit if
(iv) Subtract 400 square feet for each dwelling unit if the
Subtract 600 square feet for each dwelling unit
2. Allowed Non-Residential Floor Area.
The gross floor area of allnon-residential uses, exclusive of
publicly-owned or operated civic, cultural and recreational facilities, transit
facilities and uses accessory to residential principal uses, shall not exceed:
(a) In MD-3, MD-4 and MD-5: 800 square feet of non-residential gross
floor area per dwelling unit shown on the approved Overall Development
Plan.
(b) In MD-6 subdistrict: One thousand seven hundred and fifty
(1750) square feet of non-residential gross floor area per dwelling unit
shown on the approved Overall Development Plan.
I?. Requirements for Building Coverage. Setback and Heipht.
owned buildings or structures shall be excluded from building coverage
computations.
a Floor Area Ratio of 0.5. Non-residential uses and residential uses in the
aggregate shall not exceed an Floor Area Ratio of 1.0.
all area in the approved Overall Development Plan, exclusive of public street
1. Maximum Buildinp Coverage. 30 percent of the tract. Publicly
2. Maximum Floor Area Ratio. Non-residential uses shall not exceed
Tract area shall include
210
rights of way.
floor area ratio computations.
tract or from public street right of way.
Publicly-owned buildings or structures shall be excluded from
Setbacks shall be measured from the boundary of the 3. Setbacks.
Interior
Front Side Side Rear
Street
m-3 . 35'
Yard Street
20 ' 35 ' - Yard
35 '
m-4 35 ' 35 ' 35 ' 35 '
m-5 50 ' 50' 50 ' 50'
m-6 35 ' 20 ' 35 ' 35 ' -* --h I The minimum building setback shall be increased by 1/2 foot for each foot the
building height exceeds the minimum required setback, provided, however, the
required interior side yard setback shall not be less than 35 feet if the
boundary of the tract adjoins land zoned and used for residential purposes.
4. Maximum Buildinp Heipht.
m-3 3 stories
m-4 4 stories
m-5
HD- 6
No maximum; height determined by
required setbacks.
No maximum; height determined by
required setbacks.
Publicly owned or operated civic, cultural or
5. Usable Lot Area. Usable lot area in the amount specified below
shall be provided on the tract.
recreational facilities located on the tract may be counted as usable lot area.
The front yard and side yard established by the required front street or side
street setback and areas occupied by driveways, parking areas and garages shall
not be counted as usable lot area.
Square Feet Per
Dwelling Unit
m-3 400
m-4 400
m-5 200
MD-6 200
6. Special Requirements. In addition to the general requirements
described in Section 7 of this ordinance, the following special requirements
shall apply:
shall be five acres. The minimum tract area for subdistrict ID-6 shall be 50
acres.
Mixed Development District shall be under common ownership and shall be planned
and developed as an integral unit.
required by Section 4 of this ordinance shall include a proposed schedule of
construction of the major components of the development as such major components
are determined by the Planner. The proposed schedule as approved by the Council
shall become part of the Final Development Plan. No more than 50 percent of the
permitted gross floor area of non-residential uses on the tract shall be
constructed until a building permit has been issued for, and construction
commenced on, at least 25 percent of the permitted dwelling units.
following requirements:
except for drive-through facilities;
the occupants and residents of the principal uses and surrounding properties;
and
8 1. Minimum Tract Area. The minimum tract area for subdistrict ID-5
2.. Ownership or Control. The tract proposed for transfer to the
3. Proposed Development Schedule. The Final Development Plan
4. Conditional Uses. Conditional uses shall comply with the
(a)
(b)
is contained within the same building as a principal use,
will provide goods and services beneficial to the needs of
(c) will have enclosed pedestrian access to the principal use.
5. SkYVaY Setbacks. In cases where pedestrian connections are made
across and above a street, the required setback for such connections may be
reduced to zero feet for a width of 120 feet.
passage and publication.
First Reading: August 1, 1988
Second Reading: Waived
ATTEST :
Section 4. This ordinance shall be in full force and effect upon its
CrPL Mayor k
Motion for adoption of the ordinance was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Ordinance adopted.
*LOT DIVISION APPROVED FOR LOT 2. BLOCK 6. BRAEMAR HILLS 9TH ADDITION (7704-7706
TANGLEWOOD COURT).
Turner to adopt the following resolution:
Motion was made by Member Smith and seconded by Member
RESOLUTION
8/1/88
211
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
Parcel 1: That part of Lot 2, Block 6, BRAEMAR HILIS 9TH ADDITION lying
northeasterly of the following described line:
Lot 2, Block 6, BRAEMAR HI- 9TH ADDITION; and
Commencing at the most easterly comer of said Lot; thence South 23
degrees 10 minutes 37 seconds West, assumed bearing, a distance of 45.94
feet along the Southeasterly line of said Lot to the point of beginning
of the line to be described; thence North 66 degrees 53 minutes 28
seconds West a distance of 172.61 feet to the Westerly line of said Lot.
Parcel 2: That part of Lot 2, Block 6, BRAEMAR HILIS 9TH ADDITION lying
southwesterly of the following described line:
Commencing at the most easterly comer of said Lot; thence South 23
degrees 10 minutes 37 seconds West, assumed bearing, a distance of 45.94
feet along the Southeasterly line of said Lot to the point of beginning
of the line to be described; thence North 66 degrees 53 minutes 28
seconds West a distance of 172.61 feet to the Westerly line of said Lot.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinances
Nos. 801 and 825;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 825 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but are not waived for any other purpose or
as to any other provision thereof, and subject, however, to the provision that
no further subdivision be made of said Parcels unless made in compliance with
the pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances.
Motion carried on rollcall vote, five ayes.
*LOT DIVISION APPROVED FOR LOTS 10 AND 11, BLOCK 1. INDIAN HILLS 3RD ADDITION
(6315 AND 6319 TIMBER TRAILl.
Member Tumer for adoption of the following resolution:
WEEREAS, the following described tracts of land constitute various separate
parcels :
Motion was made by Member Smith and seconded by
RESOLUTION
Lot 10, Block 1, INDIAN HILLS 3RD ADDITION and
Lot 11, Block I, INDIAN HILLS 3RD ADDITION
WHEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following described new and separate parcels (herein called "Parcels"):
That part of Lots 10 and 11, Block 1, INDIAN HILLS 3RD ADDITION, lying
Southerly of a line drawn from a point on the West line of said Lot 11,
distant 32.0 feet South of the Northwest comer thereof to a point on the
East line of Lot 10, distant 7.65 feet North of the Southeast comer
thereof
and
That part of Lots 10 and 11, Block 1, INDIAN HII;LS 3RD ADDITION, lying
Northerly of a line drawn from a point on the West line of said Lot 11,
distant 32.0 feet South of the Northwest comer thereof to a point on the
East line of Lot 10, distant 7.65 feet North of the Southeast corner
thereof
WEEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinances
Nos. 801 and 825;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 825 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but are not waived for any other purpose or
as to any other provision thereof, and subject, however, to the provision that
no further subdivision be made of said Parcels unless made in compliance with
the pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances. (Amended - See Minutes of 12/5/88)
Motion carried on rollcall vote, five ayes.
*HEARING DATES SET FOR PLANNING MATTERS. Motion was made by Member Smith and
seconded by Member Turner setting August 15, 1988 as hearing date for the
following planning matters:
1) Generally located west of Blake Road and west of Fox Meadow Lane extended
2)
3)
south of 54th Street and west of Halifax Avenue
Preliminary Plat Approval - Oak Ponds of Interlachen 2nd Addition -
Preliminary Plat Approval - Hed Addition - Lot 1, Block 10, Indian Hills
Conditional Use Permit - Edina Comrmmity Lutheran Church - Generally located
8/1/88
212
4)
and setting September 12, 1988 as hearing date for:
1)
1, Hilldale - Generally located north of Interlachen Boulevard and west of
Oxford Av.
Final Development Plan - Southdale Center Expansion
PrelZminary Plat Approval - Berenberg First Addition, Part of Lot 1, Block
Motion carried on rollcall vote, five ayes.
ORDINANCE NO. 410 (ADOPTING MSBC AND UBC) ADOPTED: SECOND READING WAIVED.
Manager Rosland advised that Ordinance No. 410 would adopt the Minnesota State
Building Code (MSBC) which was in effect in February 1987 and, as a part of that
adoption, the 1985 Uniform Building Code (UBC).
mandatory for the City with certain optional features.
been enforcing it in its present form since 1987.
ordinance to determine whether the City had adopted the optional feature of the
MSBC relating to covered malls in regard to the Southdale proposed expansion, it
was concluded that we had not, but should formally adopt by ordinance the MSBC
and with it the 1985 UBC and also two optional features, namely Chapter 7
(Covered Mall Buildings) and Chapter 55 (Membrane Structures). Attorney
Erickson has advised that this is best done by a new ordinance resulting in the
repeal of the existing Ordinance No. 406 (the ordinance adopting the previous
MSBC) and Ordinance No. 408 (establishing a fee for building inspections; that
fee is now in the 1985 UBC). Due to the repealing of Ordinances Nos. 406 and
408, it is appropriate to include in the new Ordinance No. 410 those provisions
of Ordinance No. 406 which should be carried forward, including the requirement
for completion of exteriors of buildings within 12 months which was given first
reading by the Council on July 18, 1988.
that sometimes situations occur which would make completion of the exterior
impossible to complete within 12 months and that he hoped the Building
Department would enforce the ordinance as appropriate. There being no further
comment, Member Turner moved adoption of Ordinance No. 410 6th waiver of Second
Reading as follows:
The state building code is
Therefore, staff has
While reviewing the current
Member Smith reiterated his concern
ORDINANCE NO. 410
AN ORDINANCE ADOPTING THE MINNESOTA STATE
BUILDING CODE BY REXERENCE; PROVIDING FOR
ITS ADMINISTRATION AND ENFORCEMEXI; PROVIDING
FOR THE ISSUANCE OF PEBMCTS AND COIJZCTING
OF FEES THEBEPOB; REQUIRING COMPLETION OF
AND REPEALING ORDINANCE NOS. 406 AND 408
EXTERIORS OF BUILDINGS; PROVIDING A PENALTY;
THE CITY COUPJCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Minnesota State Building Code Adopted.
and incorporated herein by reference, as an ordinance of the City, the Minnesota
State Building Code (the "MSBC") as promulgated by the Department of
Administration of the State of Minnesota, as amended, including amendments in
effect on February 9, 1987, and effective on February 17, 1987. Provided,
however, that no provisions of the MSBC, or documents referred to therein, which
are not required by the laws of the State of Minnesota to be adopted by the City
are adopted except the following, which are hereby adopted and are incorporated
herein by reference:
(a) Chapter 7 (Division I. Covered Hall Buildings) of the Appendix of the
There is hereby adopted
1985 Edition of the Uniform Building Code (the "WC") as promulgated by
the International Conference of Building Officials; and
Chapter 55
Permits, inspections, fees and collection of fees shall be as provided
in Chapter 3 of the WC.
In addition to the fees charged pursuant 'to (a) of this section, each
applicant for a permit shall pay a surcharge to the City to be remitted
to the Minnesota Department of Administration pursuant to Minnesota
Statutes, Section 16B.70.
(b)
Sec 2. Permits. Inspections and Fees.
(a)
(b)
(Membrane Structures) of the Appendix of the WC.
Sec, 3. Codes on File. One copy of each of the following, each marked
"Official Copy," is on file in the office of the City Clerk and shall remain on
file for use and examination of the public:
(a) the Hhnesota State Building Code regulations known and identified as
Chapters 1300, 1305, 1310, 1315, 1320, 1330, 1335, 1340, 1355, 1360 and
1365;
the 1984 National Electrical Code;
the 1984 American National Standard Safety Code for Elevators,
Rumbwaiters, Escalators, and Moving Walks, identified as
ANSI-817.1-1984, ncluding supplement ANSI-817.1a-1985;
MSBC Chapter 1345 hown as the Heating, Ventilating, Air-conditioning & .
Refrigeration Rules, 1345.0010 through 1345.3300;
Energy Conservation AlternaEives in Construction identified as MSBC
Chapter 4215, and the 1983 edition of the Model Energy Code, as
published by the Council of American Building Officials, Falls Church,
Virginia, adopted by reference by said Chapter 4215;
WBC Chapter 1325 kaam as "Solar Energy Systems," from Minnesota
(b) the WC, with appendices;
(c)
(d)
(e) One and Two Family Duelling Code, 1975 Edition;
(f)
(8)
(a)
I
I. i
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I: m a
Rules, 1983, as in effect August 31, 1984;
HSBC Chapter 1350, known as the "Manufactured Homes" Rules, 1983
Edition: and
HSBC Rules Chapter 1355 known as "Minnesota Plumbing Code, 1987
Edition," as promulgated by the Minnesota Department of Administration
and the Minnesota Health Department.
(1)
(3)
The Clerk shall furnish copies of said codes or regulations at cost to any
person upon request.
Department of the City, and enforcement of this ordinance, shall be as
established by Chapter 2 of the WC.
single and two family structures, including garages and accessory buildings,
shall be finished with exterior building materials as required by and in
compliance with all applicable building codes and ordinances, within 12 months
after the date of issuance of a building permit for the new construction,
alteration or relocation of such structures, or within 12 months of the
effective date of this section, whichever is later.
Sec. 6. Penaltv. Any person who violates or fails to comply with any
provision of this ordinance shall be guilty of a misdemeanor and subject to the
penalties set forth in Ordinance No. 175 and other penalties and remedies
available under the Hinnesota State Building Code.
Sec. 7. Repealer. Ordinance No. 406 and Ordinance No. 408 are hereby
repealed in their entirety.
Sec. 8.
and publication.
Motion for adoption of the ordinance was seconded by Member Smi h.
Sec. 4. Organization and Enforcement. The organization of the Building
Sec. 5 Completion of Exterior. The roof and building exterior of all
This ordinance shall be in full force and effect upon its passage
Ayes: Rollcall Kelly, : Richards, Smith, Turner, Courtney c bw-
Ordinance adopted.
ATTEST : 6% &-d- Clerk
ORDINANCE NO. 1014 (REGULATING CONTROLLED SUBSTANCES) ADOPTED ON SECOND READING.
Manager Rosland recalled that this ordinance which would regulate the
possession, purchase or delivery of controlled substances had been given First
Reading by the Council at the July 18, 1988 meeting. When the ordinance was
drafted the intent was to include a repealer section which inadvertently was
omitted. Section 8 has now been included which repeals Ordinance No. 1011 and
the ordinance has been given a new number (Ordinance No. 1014). The City's
attorneys and staff would recommend adoption as now presented.
heard, Member Kelly moved Second Reading and adoption of Ordinance No. 1014 as
follows :
No comment being
ORDINANCE NO. 1014
AN ORDINANCE REGULATING THE POSSESSION, PURCHASE OR
DELIVERY OF C0N"ROLLED SUBSTANCES, AND PROVIDING A PENALTY
THE CITY COUNCIL FOR THE CITY OF EDINA, HINNESOTA, ORDAINS:
hereby incorporated in and made a part of this Ordinance as completely as if set
out herein in full.
this Ordinance, shall have the following meanings, unless the context clearly
indicates otherwise:
1. Drup;. The term "drug" includes all medicines and preparations
recognized in the United States pharmacopoeia or national formulary and any
substance or mixture of substances intended to be used for the cure, mitigation,
or prevention of disease of either humans or animals.
2. Administer. "Administer" means to deliver by, or pursuant to the lawful
order of a licensed medical doctor a single dose of a controlled substance to a
patient or research subject by injection, inhalation, ingestion, or by any other
immediate means.
or immediate precursor in Schedules I through V of Minn. Stat. 152.02. The term
shall not include distilled spirits, wine, malt beverages, intoxicating liquors,
or tobacco.
4. The term "pharmacist intern" means a natural person,
a graduate of the college of pharmacy, University of Minnesota, or other
pharmacy college, approved by the board, or a person satisfactorily progressing
toward the degree in pharmacy required for licensure, registered by the state
board of pharmacy, for the purpose of obtaining practical experience as a
requirement for licensure as a pharmacist or a qualified applicant, awaiting
licensure.
and includes the production, quality control, and standardization by mechanical,
physical, chemical, or pharmaceutical means, packing, repacking, tableting,
encapsulating, labeling, relabeling, filling, or by other process, of drugs.
substance in a suitable container, properly labeled, for subsequent
administration to, or use by a patient or research subject.
the genus Cannabis, including all agronomicalvarieties, whether groving or not;
AND REPEALING ORDINANCE NO. 1014
Section 1. Definitions. The definitions listed in Hinn. Stat. 152.01 are
Specifically, the following words and terms, when used in
3. Controlled substance. "Controlled substance" means a drug, substance,
Pharmacist intern.
5. wanufacturing. "Manufacturing", in places other than a pharmacy, means
6. Dispense. "Dispense" means to deliver one or more doses of a controlled
7. Hariiuana. "Marijuana" means all parts of the plant of any species of
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214
the seeds thereof; the resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of such plant,
its seeds or resin, but shall not include the mature stalks of such plant, fiber
from such stalks, oil or cake made from the seeds of such plants, any other
compound, manufacture, salt, derivative, mixture, or preparation of such mature
stalks, except the resin extracted therefrom, fiber, oil, or cake, or the
sterilized seed of such plant vhich is incapable of germination.
produced directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
8. Narcotic drug. "Narcotic drug" means any of the folloving, whether
(1) Opium, coca leaves, and opiates:
(2) A compound, manufacture, salt, derivative, or preparation of opium,
coca leaves or opiates:
(3) A substance, and any compound, manufacture, salt, derivative, or
preparation thereof, which is chemically identical with any of the substances
referred to in clauses (1) and (2), except that the words "narcotic drug" as
used in this chapter shall not include decocahized coca leaves or extracts of
coca leaves, *ch extracts do not contain cocaine or ecgonine.
9. ODiate. "Opiate" means any dangerous substance having an addiction
forming or addiction sustaining liability similar to morphine or being capable
of conversion into a drug having such addiction forming or addiction sustaining
liability.
10. OD ium POPPY .
somniferum L., except the seeds thereof.
11. Person. "Person" includes every individual, copartnership, corporation
or association of one or more individuals.
12. PODDY straw. "Poppy strav" means all parts, except the seeds, of the
opium poppy after moving.
13. Immediate Drecursor. "Immediate precursor" means a substance vhich the
state board of pharmacy has found to be and by rule designates as being the
principal compound commonly used or produced for use, and which is an immediate
chemical intermediary used or likely to be used in the manufacture of a
controlled substance, the control of vhich is necessary to prevent, curtail, or
limit such manufacture.
14.
or less.
15. ADDroDriate aprencv. "Appropriate agency" means either the bureau of
criminal apprehension, the state board of pharmacy, state patrol, county
sheriffs and their deputies, or city policy departments in municipalities
containing 2,500 or more inhabitants.
16. Drug DaraDhernalh. "Drug paraphernalia" means all equipment, products,
and materials of any kind, except those items used in conjunction with permitted
uses of controlled substances under this chapter or the Uniform Controlled
Substances Act, vhich are knowingly or intentionally used primarily in
(1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance, (3) testing
the strength, effectiveness, or purity of a controlled substance, or (4)
enhancing the effect of a controlled substance.
listed in Hinn. Stat. 152.02 are hereby incorporated in and made a part of this
Ordinance as completely as if set out herein in full.
It shall be unlawful for any person, firm of corporation to
"Opium poppy" means the plant of the species Papaver
Small amount. ."Small amount" as applied to marijuana means 42.5 grams
This provision shall not apply to the resinous form of marijuana.
Sec. 2. Controlled Substances. The five schedules of controlled substances
Sec. 3. Prohibited Acts.
(a)
manufacture, possess, sell, give away, barter, exchange, distribute, or
otherwise transfer any controlled substance.
(b) The provisions of Subsection (a) do not apply:
(1)
(2)
to possession by a person for his own use and when possession is
authorized by law;
to the prescribing, administering, or dispensing of a controlled
substance by a pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person in the
course of his professional practice;
(3)
business to registered wholesalers and manufacturers of controlled substances,
registered pharmacies, licensed hospitals or institutions vherein sick and
injured persons are cared for or treated, bonafide animal hospitals, or licensed
medical doctors;
of business by registeredvholesalers and manufacturers of controlled
substances, registered pharmacies, licensed hospitals vherein sick and injured
persons are cared for or treated, bonafide animal hospitals, or licensed medical
doctors ;
to possession of a controlled substance by a person in accordance
with the terms of a prescription and prescribed treatment of a licensed medical
doctor;
mehousemen lawfully engaged in transporting or storing such substances in the
regular course of business;
to the sale of a controlled substance in the regular course of
(4) to the possession of a controlled substance in the regular course
.
(5)
(6) to possession of a controlled substance by common carriers or
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m II a U
(7) to the possession of a controlled substance by public officers or
employees while in the performance of official duties requiring such possession
or control.
Sec. 4. Fraud. It shall be unlawful for any person to sell or procure,
attempt to sell or procure, or possess or have in his control a controlled
substance by:
(1)
(2) the use of a false name or address; or
(3)
(4) giving false credit; or
(5) making, issuing, or uttering any false or forged prescription; or
(6)
fraud, deceit, misrepresentation, or subterfuge; or
forgery or alteration of a prescription; or
falsely assuming the title of, or falsely representing any person to
be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy
licensed to practice medicine, dentist, podiatrist, veterinarian, or other
authorized person for the purpose of obtaining a controlled substance.
Sec. 5. Penaltv. Any person who violates any of the provisions of this
Ordinance shall be guilty of a misdemeanor except as provided in Him. Stat.
152.15 Subd. 2(5), (6) and (7) and subject to the penalties set forth in Edina
City Ordinance No. 175, the provisions of which are hereby incorporated in and
made a part of this Ordinance as completely as if set out herein in full.
Sec. 6. Confiscation and Disposition of Prohibited Drum. Any controlled
substance found in the possession of any person convicted of a violation of this
Ordinance shall be confiscated and shall be forfeited to the Chief of Police,
who shall make proper and timely disposition thereof by destroying them.
Sec. 7. Use of Oripinal Containers and Labels Required. All patients
having possession of any controlled substance, by lawful prescription of a
licensed medical doctor while such controlled substances are lawfully in such
person's possession, shall keep such controlled substances in the original
container in which they were delivered until used in accordance with such
prescription, and shall not remove the pharmacist's original label identifying
the prescription from such original container.
Sec. 8. Repealer. Ordinance No. 1011 is hereby repealed in its entirety.
Sec. 9. Effective Date. This Ordinance shall be in full force and effect
immediately upon its passage and publication.
Motion for adoption of the ordinance was seconded by Member Turner.
Ayes: Rollcall Kelly, : Richards, Smith, Turner, Courtney Qcmu
ATTEST: -jk'&Zr & Clerk
BID AWARDED FOR RENOVATION OF BRAEMAR PAVILION - PHASE I1 A & B. Robert
Christianson, Chairman of Edina Park Board, made the presentation on renovation
of Braemar Pavilion as follows. Several months ago the Park Board was presented
with a plan whereby Braemar Pavilion would be rehabilitated, Braemar Golf Course
would be upgraded with an additional nine holes, and the Golf Dome would be
acquired by the City.
made some recommendations to the Council. Subsequently, the Council accepted
the first part of the recommendations which was to immediately proceed to
replace the ice surface in the pavilion and instructed staff to obtain bids on
that portion and also to obtain bids on a second phase of the pavilion
rehabilitation which was to change the structure of the building itself, making
it much more affirmative in nature and more energy efficient.
the recommendation were basically put on hold, i.e. the addition of the nine
holes and the acquisition of the Golf Dome. Since that time there has been an
award of bid for the replacement of the ice surface.
bid package for the second phase and bids were received for the pavilion
renovation.
the bid for the purpose of making a recommendation to the Council and the
minutes of the meeting accurately describe the discussion.
recommended approval of Phase I1 A (completion of pavilion with locker
rooms/walls) and B (completion of commons) of the Braemar Pavilion project;
approval, as an offset to the expense, the Braemar Golf Course project that
would include nine holes, looking into the possibility of purchasing the Golf
Dome, and looking into the purchase of Normandale Golf Course from Opus. The
profits from these golf facilities are to offset the expense generated by the
Braemar Pavilion project.
by the existing Braemar Golf Course facility, excluding the new nine hole
course, remain within that facility's budget. Mr. Christianson concluded by
saying that the total package is a significant dollar expenditure and is a major
undertaking. Bob Kojetin, Director of Parks and Recreation, then presented
financial data in support of the recommendations and figures to back up revenue
in order to renovate the Braemar Arena and Pavilion at a total cost of
$1,819,200 and to award the bid of $1,020,000 for Phase I1 A and B.
consists of locker rooms and permanent walls for the pavilion, and the commons
building which would connect the arena and pavilion.
May 2, 1988 meeting the Council awarded a bid for $691,200 for the renovation of
the refrigeration equipment in the pavilion.
approved proceeding with architectural drawings for the total Braemar
Arena-Pavilion Renovation.
$108,000.
Ordinance adopted.
The Park Board spent considerable time on the issue and
The balance of
The architects presented a
A special Park Board meeting was held on July 28, 1988 to discuss
The Park Board
It was also recommended that the revenues generated
Phase I1
He recalled that at the
At that meeting the Council had
Architectural fees for the total project are
Budget projections totaling $1.5 million for the construction of the
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216
new nine hole golf course were presented.
approximately $135,000.
Course for a new A-frame building, golf cart storage, parking lot improvements
and upgrading the old clubhouse roof is projected at $550,000. With regard to
the possibility of purchasing the Edina Golf Dome, Mr. Kojetin said we are still
waiting for an independent appraiser's results of cost. Projected revenue and
expense for the Golf Dome showed estimated operating income at build out of
$43,000. If Normandale Golf Course is acquired, it is recommended that it be
operated for a period of years before the course would be renovated.
Projections of the revenue that is received at that course in today's market
indicate that we would be able to realize approximately $50,000 per year.
Recently the irrigation system has been upgraded along with some soil condition
renovation.
$135,000. Other projected revenues: Edina Hockey Association and Braemar Figure
Skating Club have committed to $15.00 per member.
$5.00 per skater charge, similar to the field use charge for other athletic
associations.
of gross over $150,000. In the last few years the gross has exceeded $150,000.
Mr. Kojetin noted that the 1987 Capital Plan has projected $215,000 through the
year 1995 for renovation of the pavilion, exclusive of $20,000 for the furnace
at the arena and an ice resurfacer in 1990. He proposed spreading this over 20
years at $10,000 per year. It is also proposed to increase the ice rental from
$85 to $90 per hour starting the fall of 1990. Total revenues were projected at
approximately $190,000 per year.
of a 20-year period of $189,500. During the first two years, 1989 and 1990, the
bond payments would be $154,615.
feels that we will have projected revenue for the arena and pavilion of $190,000
over a 20-year period and recommends award of bid to low bidder, Eagan
Construction Company, Inc., at $1,020,000 for construction of Braemar Arena
Renovation Phase I1 A and B. Staff concurs with the second recommendation of
the Park Board that the budgets of the nine hole course and the 18 hole complex
be separate and that the net profit of the nine hole course be used to support
other recreational activities, or in this situation, to pay the bond service for
the arena-pavilion renovation. Profits from the 18 hole complex would be used
as in the past to upgrade and keep this a premier facility. Considerable
discussion and questioning by the Council followed which included the increase
in demand for golf course season ticket sales, Golf Dome revenues under the
present lease, philosophy of deployment of City assets, segregation of
recreational operating funds, parking lot improvement to Braemar Golf Course,
need for sprinklers over the pavilion ice, cost of maintaining additional
facilities and depreciation, timing for the bonds sale, cost comparison with
other cities' facilities, etc. (Member Richards left the meeting at this
point.) John Vallerie, Braemar Golf Course Manager, expressed two concerns: 1)
that we not unfavorably impact on the cost of golf for residents, and 2)
segregation of funds and ability to meet any potential future crises at the golf
course.
needs to take a close look at the long term solution to the arena and pavilion's
financial problems so that it may not have to rely on other operations to save
itself. As to the projected revenue from the new 9 hole course, he said he felt
they were realistic.
recreational needs, he said he was not necessarily opposed if assurances can be
made for future needs of the golf course. He added that the course itself will
need rejuvenation in the future, with some greens needing total redesign and
tees needing rebuilding. Following lengthy discussion, Member Turner made a
motion to approve the Park Board recommendation for the Braemar Arena Phase I1
Renovation vith avard of bid to recommended low bidder, Eagan Construction
Company, Inc., at $1,020,000; and to approve construction of the new 9 hole golf
course and improvements to the Braemar 18 hole Golf Complex as described in the
proposal, subject to bids being avarded following the proposed bond sale.
Motion was seconded by Member Smith.
approval was based on these reasons: 1) that the arena is an asset to the
community that needs to be brought to a level of quality that the community
expects, 2) in terms of adding the new 9 hole course, the demand is incredible
and there is a need to provide that kind of facility to meet the needs of the
changing demographics in the community, and 3) additions to the 18 hole course
is a way to keep that facility in top quality. She said there is tremendous
justification for proceeding with the project pending the outcome of the bond
sale.
Revenues showed a net profit of
Total cost of construction at the Braemar 18 hole
Projected net revenue from the new nine hole golf course is
Skating lessons would have a
The current Golf Dome lease guarantees $9,000 plus a percentage
Bond run projections are based on an average
In conclusion, Mr. Kojetin said that staff
Roger Harrold, member of the Golf Committee, observed that the City
As to revenue from golf facilities being used for other
Member Turner stated that the motion for
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Mottion carried.
*ELECTION JUDGES APPOINTED FOR PRIMARY ELECTION ON 9/13/88.
Member Smith and seconded by Member Turner for adoption of the following
resolution:
BE IT RESOLVED by the Edina City Council that the following election judges be
appointed to seme on the election boards for the Primary Election to be held on
September 13, 1988, and that the City Clerk be and is hereby authorized to make
Motion was made by
RESOLUTION
I
8/1/88
211
any substitutions or additions a mav be deemed n cessary: Precinct 1 - Eugenia
Uiiliams, Chair, Lois Hallquist , Bariara Anderson, Dorie Capetz , Shirley DeLeo,
Arleen Friday, Doris O'Neill, Virginia Vonhof; Precinct 2 - Marjorie Ruedy,
Chair, Pauline Carroll, Joan Flumerfelt, Dale Jaspers, Sara Kirkman, Ruth
Mueller, Kathleen Saterbak, Laurie HcKay; Precinct 3 - Linda Smith, Chair,
Sherrill Estenson, Carol Bucklin, Marie Goblirsch, Deidre Hedrick, Barbara
McDavitt, Christine Morgan, Mary Panchot; Precinct 4 - Shirley Dibble, Chair,
Rachel Schoening, Margery Brothers, Virginia Courtney, Georgia Kersteter,
Jeanette Lushine, Shirley O'Brien, Helen Stafford; Precinct 5 - Carol
HcPheeters, Chair, Rosemary HcGlynn, Joyce Andrews, Betty Benjamin, Phyllis
Cooper, Marjorie Grinnell, Barbara Martin, Mildred Karr; Precinct 6 - Jane
Bains, Chair, Catherine Swanson, Sherrill Borkon, Mary Cleaveland, Audrey Clay,
Jean Flaaten, Barbara Herbers, Sue Zwakman; Precinct 7 - Bess Brudelie, Chair,
Helen Peterson, Kathleen Engquist, Delores Paul, Mary Rowland, Gertrude
Snoeyenbos, Avalda Wildenmrth, Naomi Ward; Precinct 8 - Jane Moran, Chair, Hyra
Hykes, Kathleen Bradford, Jeanne Mueller, Barbara Raap, MOM Reding, Lee Strang,
Mary Webber; Precinct 9 - Aileen Konhauser, Chair, Jacqueline Lindskoog,
Florence Boughton, Bette Comstock, Colleen Crew, Helen Connell, Marilyn Halker,
Patricia Honson; Precinct 10 - Barbara Erlandson, Chair, Mary Shoquist, Shirley
Byrne, Clare Doyle, Phylis Jensen, JoAnn Lonergan, Kathryn Rivers, Jeanine
Westling; Precinct 11 - Geneva Smith, Chair, Sharon Lee Smith, Alice Burnell,
Connie Hondl, Kathleen McCarthy, Carol Helichar, Gina Sherman, Lois Steinbach;
Precinct 12 - Ardis Wexler, Chair, Shirley Bjerkin, Doris Barry, JoAnne Chayer,
Marjorie Erstad, Carol Hite, Lucy Klos, Phyllis MacLennan; Precinct 13 - Doris
Peterson, Chair, Amy Woods, Kathleen Garnatz, Mary Goodrich, Pauline Hertes,
Irene O'Neill, June Schmidt, Margaret Polta; Precinct 14 - Mary Jane Platt,
Chair, Joyce Hanson, Amanda Bauman, Donna Brastad, Louise Carlson, Lavayne
Finberg, Maxine Hatzung, Esther Olson; Precinct 15 - Kaye Luikens, Chair, Jean
Hare, Barbara Courtney, Carol Hanson, Carolyn Klus, Sharon Soderlund, Jean
Teasley, Judith Traub; Precinct 16 - Mary McDonald, Chair, Nathalie Person,
Bonnie Bjerken, Bernadine Chapman, Marlys Chase, Patricia Halvorson, Kathryn
Harrington, Donna Hontgomery; Precinct 17 - Lorna Livingston, Chair, Jean
HcDermid, Marie Bachman, Joyce Koets, Fay Clark, Louise Jackson, Joanne Herta,
Shirley O'Brien; Precinct 18 - Jean Erdall, Chair, Selma Shelton, Doris Blake,
Phyllis Fuller, Elizabeth Genovese, Georgis Kersteter. Eileen Schema, Jo Anne
Streed; Precinct 19 - Charlotte Scanlon, Chair, Jean Altman, Linda Anderson,
Ardis Dorsey, Luverne Graham, Alyce Hamilton, Erthel Johnson, Jeannine Wurst;
Precinct 20 - Patricia Olander, Chair, Anita Delegard, Doris Clegg, Janice
Collins, Zelma Gray, Evelyn Herkal, Harriet Koch, Mary Vanek.
Motion carried on rollcall vote; four ayes.
*STORM SEWER EASEMENT AND AGREEMENT FOR 4909 SUNNYSIDE ROAD APPROVED. Motion
was made by Member Smith and seconded by Member Turner for adoption of the
following resolution:
WEEREAS, Linda A. Eugster, is the owner of certain property situated in the City
of Edina, Hennepin County, Hinnesota, with an address of 4909 Sunnyside Road and
identified as PIN 18-28-24-22-0077; and
WHEREAS, there is presently existing, under and across the property a line for
storm sewer purposes, and
WEEREAS, Linda A. Eugster and the City of Edina, Minnesota desire to enter to an
easement and agreement for the purpose of confirming the existence and location
of the pipe, to release claims resulting from the pipe being under the existing
house on the property, and to provide for repair of the pipe and possible
relocation of the pipe;
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the
Easement and Agreement by and between the City of Edina and Linda Eugster is
hereby approved;
BE IT PURTHER BeSOLVED that the Mayor and Manager are authorized and directed to
execute the easement and agreement on behalf of the City of Edina.
Motion carried on rollcall vote, five ayes.
RESOLUTION
PROPOSED SEWER/WATER RATES CONSIDERED: CONTINUED TO 9/12/88. Manager Rosland
recalled that at its meeting of July 18, 1988 a presentation was made by Finance
Director Wallin regarding proposed sewer and water rate increases.
was continued to allow the Council time to review the data and for staff to
prepare additional information for informing the public regarding reasons for
changing the rate structure and the actual rates.
Director, said the reasons for the proposed rates were: 1) to eliminate the
inequitable tiered rate structure (residents would pay only for what they use),
2) there has been no rate adjustment since January, 1987 (City must recover
costs of operation), and 3) to cover cost of construction of anticipated new
water tower and new well. He explained that 75% of the City's cost for water
and sewer are the Metropolitan Waste Control's charges to the City for sewage
treatment which are raised each year.
and proposed rates as follows:
Water $.42 per 100 cu ft
Sewer 1 cu ft to 2000 cu ft $20.50 $1.15 per 100 cu ft
The matter
John Wallin, Finance
A graphic was shown of the current rates
Current Rates Proposed Rates
$.33 per 100 cu ft
8/1/88
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2001 cu ft to 4000 cu
4001 cu ft to 7000 cu
7001 cu ft and over -
Minimum Charge $27.10
The minimum charge would increase
explained that because the svstem
ft 32.75
ft 56.25
$1.10 per 100 cu ft
$31.40
to reflect the usage of 2000 cubic feet.
is rated very heavily towards sewer, on a
He
sample basis of 110 custome& it was found zhat by applying the proposed rate
system their rates would have increased by approximately 9.6% in total.
the increase will be picked up by the commercial user than by the individual
user. Member Smith said he was concerned about the affect on fixed income
people and that he would like to see the minimum stay where it is.
Rosland said that, if the Council would like to keep the lower minimum, staff
could run those calculations to see how much we would have to increase to cover
our costs.
would be holding a public hearing to consider a storm water utility fund which
if approved would also be attached to the water/sewer billing.
be made following that hearing as the proposed rates would not go into effect
until the winter quarter.
publicity on this and that citizens would feel they are being taxes for new
development (i.e. new tower and well).
Smith moved to lay aside the matter of the proposed water/sewer rates, that
staff run calculations with the water rate minimum remaining at the current
level, and that folloving the public hearing on the storm water utility on
August 15, 1988 that this all be placed on the September 12, 1988 agenda for
action. Motion was seconded by Member Turner. Walter Sandison, 4612 West 58th
Street, commented that the City of Coon Rapids increased their water rates two
years because of a new well and increased their sewer rate slightly, but cut the
sewer rate by 50% for senior citizens.
investigate that.
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
More of
Manager
He also reminded the Council that on August 15, 1988 the Council
A decision could
Member Kelly said she was concerned about the
Following further discussion, Member
Manager Rosland said staff would
APPOINTMENT MADE TO EDINA FOUNDATION BOARD. Mayor
names have been submitted as nominees to The Edina
as Council appointment to replace John Skagerberg,
Eric Ellingson. FollowinFz some discussion. motion
Courtney advised that and two
Foundation Board of Directors
namely, Perry Anderson and
was made by Member Smith that
Perry Anderson be appointed to The Edina Foundation for a three year term to
June 1991.
Motion was seconded by Member Turner.
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
*PETITION FROM RESIDENTS OF PARKWOOD KNOLLS 21ST ADDITION REGARDING WATER
PRESSURE REFERRED TO ENGINEERING DEPARTMENT.
and seconded by Member Turner to refer the petition from residents of Parkwood
molls 21st Addition regarding installation of a sub-station or appropriate
improvement to deal with their water pressure problem to the Engineering
Department for study and recommendation.
Motion was made by Member Smith
Motion carried on rollcall vote, five ayes.
CONCERN EXPRESSED REGARDING COMMUNICATING WITH CITIZENS. Member Smith said he
is still concerned that we are not communicating effectively with our citizens
when we develop and put into action plans such as the current watering ban, that
it is evident from the phone calls that people are not informed and do not
understand the reasons. He suggested the City publish quarterly some type of
"good neighbor" bulletin that would fully explain issues such as watering ban,
parking, trash at curb and snow removal which are in effect at various times of
the year. Manager Rosland responded that staff is investigating how this might
best be done and funded and will continue to work on communicating with the
public.
complete watering ban and wanted to know why the Council had not called an
emergency meeting regarding this.
regular meeting today, August 1 and she had commented how would the public know
when the Council meetings were held. He added that citizens are not attempting
to find out when regular meetings are held so that they can talk about their
concerns and concurred that there is a lack of communication.
Mayor Courtney said he had a call from a resident regarding having a
- He said he had told her that there was a
CONCERN NOTED REGARDING PROPOSED LIGHT RAIL TRANSIT.
that he would like to see a resolution drafted and sent to Hennepin County Board
of Commissioners asking that there be participation from the communities on the
issue of Light Rail Transit and the funding of the proposed system. He said at
least there should be a Council and/or staff representative from each city that
would have some voting authority on policy making issues.
pointed out that, Sue Covnick, represents Edina on an advisory committee for
Light Rail Transit.
Advisory Committee for Light Rail Transit and that he had not agreed with some
of the actions that were taken because residents of Edina would have to travel
part of the way to their destination in order to use Light Rail Transit.
Member Smith commented
Manager Rosland
Mayor Courtney said he was on the Intergovernmental
Member
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8/1/88
219
Turner suggested that the subject of the next steps in Light Trail Transit and
how Edina can participate in the process be placed on the agenda in September.
This would give the Council time to think about how that resolution should take
shape.
be at that meeting.
Member Kelly said she felt it was important that Commissioner John Keefe
WATER LINE BREAK ON KELLOGG AVENUE DISCUSSED.
had received a call regarding a water line break on Kellogg Avenue on Friday
evening that was not repaired until today (Monday, August 1) and that water was
running all weekend.
repaired promptly but that there has been an amazing number of water line breaks
recently.
Member Kelly reported that she
Manager Rosland responded that normally breaks are
He said he would check on this.
PARAMEDIC RESPONSE QUESTIONED.
for paramedics and in specific the response for a man that had collapsed at the
Edina Art Center recently.
.time is under 8 minutes and that he would check on the incident referred to and
provide additional information to Member Kelly.
Member Kelly questioned the normal response time
Assistant Chief Kehoe explained that normal response
CONCERN NOTED REGARDING LOT SPLITS.
the number of lot splits occurring because of redevelopment.
though we have the Comprehensive Plan and the Zoning Ordinance that regulates
redevelopment and has confidence in the Community Development and Planning
Commission's recommendations, she is uncomfortable about this. She said there
seems to be pressure to be building and building and that she would like to have
open areas protected and leave opportunity for single family homes.
suggested that the Council consider scheduling this issue for a special meeting
with the City Planner and the Community Development and Planning Commission.
Member Kelly said she was concerned about
She said even
She
WATER BANlSPRINKLING DISCUSSED. Manager Rosland said that staff has had calls
and letters saying there should be a total ban on sprinkling and others have
said they should be able to water all they want - that the City has mismanaged
its water.
water.
feel we should be doing the same.
citizens that the City has taken a middle road position with lawn sprinkling
allowed only on an even-odd system, with no lawn sprinkling allowed between 9:00
a.m and 9 p.m. and that if the City's current sprinkling restrictions are
hurting the aquaifer, which the DNR does not feel it is, then this should be
dealt with on a metro-wide basis daily. As to the Mississippi headwater problem,
that is a different problem and maybe Minneapolis should have begun managing
their water sooner. He asked the Council if they would like to consider any
further restrictions. Mayor Courtney commented that this has developed into a
political issue with the northern communities dominating as to the Mississippi
River problem.
sprinkling ban, with the exception of the Morningside area which uses
Minneapolis water. Member Turner said that the plan that the City has followed
so far is a responsible one based on factual information and that she supported
the position as stated by Manager Rosland. Member Smith said that he concurred
and asked that staff respond to the letter of Thomas Bennett Wilson that was
addressed to Senator Storm and Representative Forsythe regarding the City's
sprinkling policy.
1989 BUDGET ASSUMPTIONS PRESENTED AND DISCUSSED. Manager Rosland introduced the
new computer program that staff is using as a management tool to develop 1989
budget assumptions. He then presented the 1989 budget assumptions summarized as
follows: Scenario 1: Total Revenues $12,617,843; Total Expenditures $12,617,843,
% Increase Expenditures 6.26%; Tax Dollars Needed $9,172,648 (below levy limit
$46,431); Tax Dollar Increase $573,505, 5 Increase in Tax Dollars 7.04%; 1988
Mill Rate 12.34.
commercial properties if the Scenario 1 budget were adopted. Manager Rosland
also presented proposed new programs which are recommended by department heads
showing Scenario 1 (middle road) totaling $324,610; Scenario 2 (including all
new programs) $482,242 and Scenario 3 at zero with no new programs included.
recommended Scenario 1 for consideration by the Council. Discussion followed
with the Council requesting further information regarding levy limits, and
comparisons of services, salaries and comparable worth adjustments with other
cities. No formal action was taken.
He said that the staff has taken a middle road to try to manage the
With the City of Minneapolis requiring a complete sprinkling ban, people
Basically, he said he has been telling
He said at this time he did not see a need for going to a total
No formal action was taken.
Comparisons were given of effects on residential homes and
He
*CLAIMS PAID.
payment of the following claims as per pre-list dated 8/1/88: General Fund
$154,928.62, Art Center $1,383.42, Capital Fund $409.01, Swimming Pool Fund
$2,594.12, Golf Course Fund $22,604.90, Recreation Center Fund $2,527.25, Gun
Range Fund $838.05, Edinborough Park $6,869.17, Utility Fund $240,128.19, Liquor
Dispensary Fund $21,400.14, Total: $453,682.87; and for confirmation of payment
of Claims dated 6/30/88: General Fund $285,765.45, Working Capital Fund $822.22,
Art Center $1,480.59, Swimming Pool Fund $1,006.35, Golf Course Fund $24,259.18,
Recreation Center Fund $6,173.72, Gun Range Fund $439.36, Edinborough Park
Motion was made by Member Smith and seconded by Member Turner for
8/1/88
$9,072.46, Utility Fund $40,253.82, Liquor Dispensary Fund $464,753.35,
Construction Fund $58,829.99, Total $892,856.49.
Motion carried on rollcall vote, five ayes.
There being no further business on the Council agenda, motion vas made by Member
Smith and seconded by Member Kelly for adjournment.
Adjournment at 10.50 p .m.
Motion carried.
5bAt.wb~rL%A-
City Clerk
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