HomeMy WebLinkAbout19890619_regular6/19/89
251 MINUTES
OF THE REGULAR MEETING OF THE
EDRiIB CITY COUNCIL HELD AT CITY HALTi
JUNJX 19, 1989
ROLLCALL Answering rollcall were Members, Kelly, Paulus, Rice, Smith and
Richards.
RESOLUTION OF APPRECIATION ADOPTED FOR ALISON PUHR Motion of Member Kelly was
seconded by Member Smith for adoption of the following resolution:
WHEREAS, Alison Fuhr has demonstrated her concern and commitment to the City of
Edina through her involvement in many civic organizations, and
WELIEAS she has represented Edina on the Regional Transit Board for the past four
years, and
WHEREAS for the prior one and a half years she represented Edina on the
Metropolitan Transit Commission;
WHEREAS she continues to serve on the Traffic Safety Committee and is a member of
the Edina Citizens Safety Council, and
UHERlW3 her achievements have made this City a better place in which to live:
NOW, THEREFORE, BE IT RESOLVED that I, Frederick S. Richards, Mayor of the City of
Edina, join with the members of the Council and all the citizens of Edina in
expressing OUT sincere appreciation to:
ALISON FUHR
for her unselfish and dedicated service to the City and to its citizens.
Adopted this 19th day of June, 1989.
CONSENT AGENDA ITEMS ADOPTED
Member Rice to approve and adopt the consent agenda items as presented with the
exception of the removal of item V1.E. - Mavelle Drive - 24' Easement.
RESOLUTION OF APPRECIATION
Resolution was adopted unanimously.
Motion was made by Member Kelly and was seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*mES OF THE REGULAR MEETING OF MAY 1. 1989 APPROVED
Smith and was seconded by Member Paulus to approve the Council Minutes of the
Regular Meeting of May 1, 1989.
Motion was made by Member
Motion carried on rollcall vote,' five ayes.
*CORRECTION TO PLAT OF WHITE OAKS 2ND ADDITION APPROVED
was seconded by Member Rice for adoption of the following resolution:
Motion of Member Kelly
RESOLUTION APPROVING CERTIFICATE OF CORRECTION
TO PLAT OF WHITE OAKS 2ND ADDITION
WHEREAS, pursuant to the provisions of Chapter 505.175 Laws of Minnesota, 1957,
Ronald L. Krueger, Registered Land-Surveyor No. 14374, State of Minnesota, has
certified:
1. That the plat of White Oaks 2nd Addition dated May 2, 1938 and filed on May
26, 1938 was prepared by a Registered Land Surveyor who is now unavailable.
2. That said plat contains errors, omissions, or defects in the following
particulars, to-wit: The Northeast line of Lot 9 shows a dimension of 107.2, but
field measures 97.2 as shown on the adjacent plat of Lot 1, White Oaks 3rd
Addit ion.
3. That said plat is hereby corrected in the following particulars, to-wit:
Change the distance on the Northeast line of said Lot 9 from 107.2 to 97.2.
NOW, TtIEREpORE, BE IT RESOLVED by the City Council of the City of Edina,
Minnesota, that it hereby approves the Certificate of Correction, dated April 11,
1989, prepared by Ronald L. Krueger, Registered Land Surveyor No. 14374, State of
Minnesota, as presented at the regular meeting of the City Council of June 19,
1989.
Resolution adopted on rollcall vote, five ayes.
252
BIDS AWARDED FOR INSURANCE RENEWALS Ceil Smith, Assi tant t the City Man ger Y
presented insurance quotations for the City's insurance renewals as follows :
Propertv Insurance: Policy Period 7/1/89 - 7/1/90
Zurich $ 41,268
Hartford $ 43,083
Northbrook $ 61,800
Jim Fee, agent with Frank B. Hall Insurance Co., pointed out that Hartford has
carried the City's insurance for the past 4 years; that a relationship has been
established with Hartford and with the enhancements provided staff would recommend
award of Property Insurance renewal to the Hartford Insurance Company.
Motionwas made by Member Smith to award the Propem Insurance bid to the
Hartford Insurance Company at $43,083.00. Motion was seconded by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
General/Liuuor Liabilitv. Auto Liabilitv and Workers' Compensation Insurance:
Ceil Smith indicated that only two quotations had been received:
League of MN Cities (LMC) $574,774
Home Insurance $611 , 760
Staff would recommend award of bid to Home Insurance because of the retrospective
rating of the losses for the LMC Workers' Compensation and for all coverages
offered by Home.
policies expire. Bill Homeyer, Harris-Homeyer Agency, explained the payment
scheduling with Home Insurance as follows: deposit premium of $45,000 on 7/1/89,
nine payments of $35,000 with a balloon payment of $250,000 on 5/1/90 with no
interest fee charged. John Wallin, Director of Finance, noted that within the
eleven month period, $21,000 in interest could be earned on this payment schedule.
After some discussion, motion was made by Member Smith to award the bid for
General Liability, Workers' Compensation and Automobile insurance to Home
Insurance Company.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
The premium cannot be determined until 6 months after the
I Motion was seconded by Member Kelly.
TRAFFIC SAFETY COMMITTEE HIJWES OF JUNE 13. 1989 APPROVED Member Smith moved
approval of the following recommended action listed in Section A of the Traffic
Safety Committee Minutes of June 13, 1989:
1)
and Golf Terrace and also to install advisory 25 mph pedestrian area signs at the
east and west entrance to Golf Terrace with additional signs in the area of the
bus stop;
2)
5700 and 5800 blocks of W. 68 St.;
3)
Edgebrook Place, based on approval by the resident at this address;
and to acknowledge Sections B and C of the Minutes.
seconded by Member Kelly.
That a 3-way "STOP" sign be installed at the intersection of St. John's Avenue
That "NO PARKING SCHOOL DAYS, 7:OO A.M. - 3:30 P.M." signs be installed at the
That "NO PARKING" signs be installed in front of the residence at 4622 .
Motion for approval was
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
PROPOSAL FOR TEE SECOND CEEIT[JRY PROJECT PRESENTED AND APPROVED Leslie Turner and
George Hite presented their proposal for The Second Century Project which will be
an open, comprehensive program to identify and explore policy alternatives
affecting Edina as it approaches the 21st Century.
Committee is as follows: Jim Colville, Andrew Herring, Joanne Kelly, Larry
Laukka, Hazel Reinhardt and Lynne Westphal.
enlist anyone in the community who would like to participate and who can
contribute. The initial Committee meeting will be held June 20, 1989. The intent
of the Committee is not to be so visionary that it has no practical value.
I The proposed Steering
It is the intent of the Committee to
The
6/19/89
253
effort of this committee will be focused over the horizon, to see things that are
not readily apparent today but that will influence this community and the kinds of
policy decisions that will have to be made.
and practicality with broad participation.
the fall of 1989 and to return to Council by the fall of 1990 with the report.
It will be a combination of vision
Scheduling would be to begin work in I
Motion was made by Mayor Richards to accept the report on the proposal for The
Second Century Project, and to establish the Edina City Councilps Special
Commission on Future Issues and Policies with the Steering Committee to be
comprisied of the individuals named, to be chaired by Leslie Turner and George
Hite. Motion was seconded by Member.Rice.
candidates who had applied for the vacant Council seat in January and had
expressed interest in the project be included.
names have been turned over to the co-chairs who have indicated that they would
contact those that had expressed a desire to participate.
Member Paulus asked that the
Mayor Richards said that those
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion Carried.
Mayor Richards suggested that the next Agenda item to be heard would be V1.F -
Update - White Oaks Lots.
UPDATE - LOT 9 WHITE OAKS 2ND ADDITION: FINDINGS TO BE DRAFTED
Hoffman recalled that Andron Development Corporation had applied for a building
Engineer Fran
permit to.construct a single family-home on Lot 1, White Oaks 3rd Addition and Lot
9, White Oaks 2nd Addition as was reported to the Council on May 1, 1989.
building site on Lot 9 is a low area and staff had requested additional
information from the developer regarding how the stormwater drainage would be
handled.
The
The developer and his engineer have identified four alternatives:
A) No build
B) Temporary pumping
C) Enlarge the holding area
D) Permanent pump and forcemain system.
Engineer Hoffman indicated that Alternative A is not feasible from the owner's
viewpoint and has been rejected by the builder.
has proposed giving the City some money with which to pump stormwater from the low
area when needed.
area to provide enough additional stormwater storage on site to equal the amount
of existing pond storage lost by the house construction.
supported by the developer.
by staff and would be construction of a permanent stormwater lift station system
that would be able to pump down the pond during periods of flooding.
provide the least long term risk to the future property owner's building, the
adjacent streets and backyard vegetation of adjoining neighbors.
would discharge into the nearest storm sewer, e.g. Arden Avenue/Bridge Lane.
intent would be that if water rose in the pond area it could be pumped down within
a few days.
standing water.
approximately $33,000.
In summary, Engineer Hoffman advised that the developer is willing to provide
either the temporary pump system (Alternative B) or additional ponding capacity
(Alternative C) (estimated at $8,000) to mitigate the effects of future flooding.
Concerning Alternative D the developer would be willing to pay $8,000 towards the
cost of the permanent pump/forcemain system which would leave approximately
$25,000 of the cost not funded. Engineer Hoffman stated that at this point staff
believes that the requirements of an engineering review could be satisfied subject
to final details being submitted to the City. The issue before the Council from a
staff perspective is where should staff be on requesting and requiring the final
With Alternative B the developer
Under Alternative C, the developer would enlarge the holding
This alternative is
Engineer Hoffman said that Alternative D is preferred
It would
The forcemain
The
This would also protect the vegetation that would be hurt by long
The estimated construction cost of this system would be
I
6 119189 254
plan if indeed a building permit is to be issued at this time.
Department has reviewed the building code and believes, if the issue of the
stormwater drainage is resolved and additional information is submitted on
waterproofing and hydrostatic pressure caused by high water, that a permit could
be issued for the site. He concluded by advising that staff has met with Connor
Schmid and Fred Hoisington who represent the neighbors to keep them abreast of the
situation.
from Dr. and Mrs. Ensor Transfeldt, 4700 Tomes Road, in which they stated their
concerns about the proposed development.
Mayor Richards asked for a restatement oE- engineering staff's position that, if
the developer responded to the issue of surface water drainage by submitting plans
that would indicate construction of Alternative D (permanent pump/forcemain), the
permit could be issued.
they were going to build and pay for Alternative D, staff would say that is the
best alternative of the four proposals. Mayor Richards asked if a building permit
would be issued if the developer came forth with Alternative C.
stated that staff would have a difficult time in not issuing a permit but would be
concerned about the long term effect if there were several consecutive wet years
with no pump.
Mayor Richards asked the City Attorney if the Council would have the right to
adopt a position relative to Alternative C that staff, presumably, would then
follow. Attorney Erickson restated the question, i.e., could the Council direct
staff to not issue a permit if the developer wanted to do anything other than
Alternative D.
common enemy.
is reaonable and that does not do unreasonable harm to other people.
Richards asked if this was a factual determination and that the Council then might
determine that it is not reasonable to handle the stormwater in that way, i.e.
alternate C.
Mayor Richards questioned if it would be safe to come to a
conclusion that it is not reasonable to handle it in that fashion. Attorney
Erickson responded that he did not know if there are enough facts to present the
question of whether it is reasonable or not at this meeting; that staff would want
to elaborate on the facts and have further testimony for the Council before a
decision would be made.
Mayor Richards asked Engineer Hoffman as to why the City should pick up any cost,
assuming the developer goes forward with Alternative D, to provide any type of
public improvement to handle the stormwater drainage of the site.
Hoffman said there are two arguments from a developer's point of view: (1) That
the subject site is only part of the 18 acre drainage area to the pond and
therefore should only bear a part of the cost, and 2) That because this is the
last property to be developed, the developer should not be required to solve the
problem.
The Building
I
He also noted a letter dated June 15, 1989 addressed to the Council
Engineer Hoffman responded that if the developer stated
Engineer Hoffman
He said that the general rule for stormwater is that it is a
The person who suffers from it can get rid of it by any means that
Mayor I Attorney Erickson stated that it is a question of whether it is
~ reasonable or not.
Engineer
Member Paulus asked if Alternative C would be a possibility.
explained that one could complete a lowering of that area sufficient to handle the
filled area.
out of the holding area and with a high water level that the City would be forced
to go out and pump to protect the nearby properties.
Alternative C were adopted and there was future flooding, could the City be liable
for damage to surrounding properties because it allowed this property to be built
on.
Generally, the building codes impose what the courts call a public duty and
liability would be imposed only if there was a private duty between the City and
the individual. In this case, the matter has been studied and reasonable attempts
have been made to mitigate the damages and water flow that may occur.
Engineer Hoffman
The concern would be that a situation could develop with no outlet
Member Paulus asked, if
1 Attorney Erickson stated that he did not believe the City would be liable.
6/19/89
255
Member Smith asked, if the City agrees to go with Alternative C, would Andron be
willing to give the City the $8,000 in case we had to build something. Engineer
Hoffman explained that Andron’s position is that he would spend the $8,000 on
constructing Alternative C; if the City requests Alternative D he would give that
money to the City towards the cost of that project.
Member Rice questioned whether the City’s engineers agreed with the drainage
report prepared by Ron Krueger &Associates for Andron. Engineer Hoffman said
that from the point of view of what the flood levels might be that, basically,
they agreed that there are the four alternatives that have been presented.
Connor Schmid, 4711 Meadow Road, said that Fred Hoisington, Planning Consultant,
had been retained by the White Oaks Homeowners Association to look at the proposed
development and would speak on behalf of the Association.
Catherine Ecklund, 520 Lake Street, Wayzata, MN, the widow of Frank J. Ecklund,
and a co-developer of the White Oaks area in 1937.
history of the development of the forty-acre White Oaks area and pointed out the
obstacles they had to overcome in the process.
were developed with the exception of the pond area which was reserved for natural
drainage.
occasions but the Council had declined because of the maintenance costs and
potential liability.
Mr. Ecklund deeded the pond area to Dr. Lawrence Larson with the agreement that it
was to be kept as a wildlife refuge and bird sanctuary.
Ecklund said that the residents of White oaks have a fondness for the area and
want to keep it natural.
keeping this area in its natural environment rather than letting it be developed.
Fred Hoisington, representing the White Oaks Homeowners Association, spoke of the
importance of preserving wetlands, noting that the wetland on the subject property
is a Type 7, e.g. forested wetland. He showed a graphic depicting the bottom of
the pond at 867 feet and pointed out that the 100-year flood elevation is at
872-874.
itself drains 17 acres and that the pond has six inlets and no outlet.
important function of a wetland with no outlet is as a recharge basin wherein the
water seeps through the bottom very effectively.
integrity as a recharge basin should be preserved.
In reference to the proposed house, Mr. Hoisington noted that the basement floor
slab would be one foot above the pond bottom and 4 to 6 feet below the 100-year
flood elevation. The soil
engineers that have worked on this project have indicated that it would be
excavated rather than piled.
reinforced basement floor because of the hydrostatic pressure and the basement
level would have to be waterproofed..
unusual) and a stormwater lift station as well, or in lieu thereof, excavation to
store stormwater on the site.
He then introduced
Mrs. Ecklund presented the
The lots sold very quickly and
The pond area had been offered to the Village of Edina on several
When the Ecklunds moved from the White Oaks area,
In conclusion, Mrs.
She said she hoped that the Council would consider
He mentioned that an unstable soil problem also exists; that the site
An
He said that the pond’s
It would require 11-12 feet of excavation or piling.
It would have to have a drain tile system and a
A sewage lift station would be required (not
Mr. Hoisington stated that, in addition to the 10-12,000 square feet that would be
disrupted by the house itself and the filling, that footage would be duplicated by
the excavation that would be required to handle the water storage that would not
be pumped away from the site.
everything is hauled and none is stored on the site.
on the site would be lost. It would destroy the vegetation, the wildlife, and the
woodland continuity.
basin and would isolate the adjacent wetland that is owned by the Transfeldts. It
would create a mechanical dependency to shape nature if it is built with a pumping
system.
at because of the water problems that would exist with a basement that is below
The disruption would be even more than that if
Half of the existing values
It would reduce the needed flood storage capacity of that
There should be concern about the risk that the future owner(s) would be
256 6/19/89
the 100-year flood level.
ultimately be passed through to the owner of the house.
In conclusion, Mr. Hoisington said that development was never intended for this
site.
He said that every agency they have checked with agrees.
the neighborhood loses, the City loses, the ultimate owner loses and maybe if
enough costs can be passed along, the developer will be a winner.
following recommendations: 1) that the City not participate in costs to build a
lift station to pump for one house, 2) that the City not permit dredging, 3) that
the Building Department be authorized to.deny a building permit, 4) that this
wetland be treated as any other wetland in the City, and 5) that the City consider
acquisition of the property by condemnation.
Connor Schmid made reference to a letter dated June 15, 1989 addressed to the
Edina City Council from Dr. & Mrs. Ensor Transfeldt, 4700 Townes Road, concerning
the setback for the proposed house and the stormwater problem. He also presented
a letter addressed to the Council from David Shank and Suzyn Ware, 4081 Sunnyside
Road, which related their dealings with Mr. Andron concerning the subject property
and their present home which was built by Mr. Andron. The letter also referred to
the two alternatives proposed by the developer to handle the problem of excess
water that would be created by filling in Lot 9.
alternative would result in destruction of the natural habitat of the marsh.
Their letter stated that, if the City accepts the proposal made by the developer
to pay one-fourth the cost of the pumping station, they would possibly seek a
class action suit to prevent the City from assessing other property owners in the
Country Club/White Oakes area for the benefit of this one property owner.
Mr. Schmid mentioned that Mr. Andron acknowledged at one point being advised of
the history of this property, e.g. the dedication of it for a park and that
intent, and the negative impact that the Association felt it would have.
Andron had looked at it and had said to a group of the neighbors that it should
not be built on. Since then Mr. Andron has changed his mind. Mr. Schmid said
there is some unusal timing of subsequent events that might impact on the question
of real market value property.
Mr. Schmid observed that the neighborhood and the White Oaks Homeowners
Association has twice met goals set by the City concerning acquisition.
City can arrive, through the condemnation process or through some other
investigation, at the real value of this property the Association and the
neighbors would come forth to participate on a reasonable basis with the Council.
He said he hoped that, having heard the people who have known and loved this area
for nearly fifty years and the people living there now who are concerned,
something can be done by the Council to serve the public purposes of ponding and
open space that has been in existence for 50 years.
Member Rice questioned the City Planner about the front yard setback alluded to in
the Transfelts' letter. Planner Larsen explained how the front yard set-back in a
residential area is determined where more than 25% of the frontage of that street
is developed. 1) when developing a lot where
there is a home only on one side, the setback of the new building can be that of
the existing building (in this case 60 feet), or 2) an average setback of all
homes fronting on that side of the street between intersections can be used. In
staff's view the development side of the street is uninterrupted, even with a
curve in the street, between Bridge Lane and Sunnyside Road. No set-backs on the
easterly side of Townes Road would be included in that review.
4700, 4702, 4704 and 4708 Townes Road were included, with the average setback
being 51.4 feet.
requirement.
and flow of the houses along a street.
There will be an enormous monetary cost that will
The development as proposed defies all planning and engineering principles.
The environment loses,
He made the
They felt that either
Mr.
If the
The Ordinance gives two choices:
In this case 4600,
Member Rice asked the purpose of the front yard setback
Planner Larsen stated that it is to maintain a certain continuity
6/19/89
257
Mayor Richards opened up discussion on the proposed development on Lot 9, White
Oaks 2nd Addition. To put it in perspective, he said that there has been talk
about condemnation, open space, etc. This Council has never talked about the
issue of condemming this property.' The Council has had extensive discussions,
which Mr. Andron did not participate in, about the possibility of the City, in
conjunction with the residents in the area, acquiring that property.
negotiations with the property owner were never begun.
groups and committees from the City have looked at the issue of park, open space
and wetland and what the City should acquire that it felt should be held in public
domain. The response has been that the subject property has not been considered
for public ownership. At this time the Council is confronted with consideration
of two issues: I) Initiate condemnation proceedings, and/or (2) Direct staff to
not issue a building permit.
Attorney Erickson said that, if it is the consensus of the Council to make a
directive to the staff, he would recommend that a process be followed similar to
that used for zoning and subdivision; namely, to direct the staff to study the
testimony, review the facts brought forward and prepare findings, decision and
reasons for the Council to consider in making a decision at a future meeting.
Actual
Through the years various
Mayor Richards commented that he did not feel there is any need to discuss
condemnation of the property.
made that there is a right to develop the property. There is uncertainty,
ambiguity and doubt as to whether or not the proposals are adequate to handle the
surface water on the property.
the Council to conclude, subject to review of specific facts and findings, that a
permit should not be issued.
Member Paulus inquired whether this was a portion of a larger piece of property
that was subdivided several years ago.
question has been platted since 1938.
homes are being built on sites that at one time were considered unbuildable and
after five years we are seeing structural problems and litigation procedures.
Member Paulus said she was not sure of the City's responsibility legally but that
the City should try to foresee such problems for future owners of those types of
properties. She said there have been issues raised here that point to potential
problems for this property in the future.
disrupting land that has not been tampered with since 1938.
this situation has gone on as long as it had because of the cost factor for the
residents of White Oaks and for the people proposing to build on this property.
Member Rice stated that he strongly supported the Mayor's comments.
City probably should have taken this property years ago.
acquiring open space by referendum some 10-12 years ago they looked hard for
properties in that area.
for the reasons stated he did not think it was an appropriate site for building.
Motion was made by Member Smith vith a second by Member Kelly to direct staff to
prepare findings and reasons in support of denial of a building permit for Lot 9,
White Oaks 2nd Addition to be brought back by July 24, 1989, if possible.
He stated that he did not think the case has been
He said he felt that it would be appropriate for
Planner Larsen explained that the lot in
She commented that since the early 1980's
Further, this development would be
She regreted that
He said the
When the City considered
It was assumed that this was a wetland. He said that
Mayor Richards then asked the proponent to speak to any issue that he wished to
address. He
clarified that when he originally purchased the property the Lot 1 portion of the
parcel was clearly covered by a drainage easement and the Lot.9 portion was not.
The fact that there were two lots there instead of just one, told him as a
r.egistered architect and experienced land planner, that there would be no reason
to subdivide the property unless it was meant to be a buildable lot.
that only Lot 1 was covered by an easement and Lot 9 was not meant that someone
had concluded that it was sufficient area for natural surface drainage. When he
proceeded with design proposals, he met with members of the neighborhood group to
Richard Andron stated that he is the developer of the subject site.
The fact
258 6/19/89
listen to their concerns.
sites and that definitely
He said he also had concerns about developing sensitive
this was a sensitive site.
Mr. Andron explained that the property was for sale for close to two years before
he had any inkling or concrete offer from the City and the neighborhood that they
were considering purchasing the property to keep it undeveloped.
neighborhood made some kind of offer during that period he said he'would have
considered it.
already sold, closed and passed the deed on to his client who had purchased the
property for the purposes of building a new house.
Mr. Andron stated that he has made a responsible and diligent effort to address
the engineering issues raised concerning the proposed development.
be 8% filled with 92% of the site not filled.
building permit after the fact of passing deed when the property was openly
available for such a long period of time is putting undue duress on himself and
his client.
held between the neighborhood and the Council he was not present because he was
not informed that they were taking place.
Had the
When the offer finally was made by the City Mr. Andron said he had
.-
The site will
He submitted that to deny a
Mr. Andron commented that during previous discussions that have been
In response to questions of Mayor Richards, Mr. Andron made the following
comments.
ago and had verbally ran it by the Planning Department from a legal point of view.
The Planner had indicated that if it were deemed to be buildable by the Building
and Engineering Departments there would be no other reason why it would not be
buildable.
Departments concerning drainage from the property. At that time he had his civil
engineering consultant do an evaluation of the drainage capacity of that area who
found it to be more than adequate.
problems and buildability, Mr. Andron said that he had the clear impression that
if there was adequate drainage capacity on the site, from an engineering point of
view, that a permit would be issued.
had not been under that impression and that he had continued to have that
impression until tonite.
or the previous owner, Mr. Andron stated that he was not aware of any prior to
about 8-10 weeks ago.
Member Paulus asked Mr. Andron if he still held a valid purchase agreement with
the same client on the property.
their hands and that they own the property. Member Paulus inquired whether Mr.
Andron had a purchase agreement with them to build on this property, or had they
withdrawn building this proposed project. Mr. Andron said that at this time the
building agreement is still valid.
concerns about whether this can be a successful project considering the cost
factors.
issues that have to be addressed in building that close to the water table.
Member Paulus said that her utmost concern was whether there is really the
technology to prove and guarantee that a successful building can be put up that
will not have problems in the future.
Sharon Andresen, 4804 Maple Road, said that she has lived in the White Oaks area
since 1972 and that her concern is the pump system proposed under Alternative D
whereby the stormwater would be discharged to the storm sewer at Arden and Bridge.
She said that during the July 1987 storm all the water from Arden was not drained
properly and came over on Maple Road and flooded all the homes.
this water would go and said that they need the lowland for drainage.
Engineer Hoffman stated that the July 1987 rainstorm far exceeded any of the
City's design criteria used for stomwater piping systems.
flooding everywhere - the City's pipes cannot hold that type of flow.
He first became involved with the subject property about 2 1/2 years
Mr. Andron said he was referred to the Engineering and Building
I As to awareness of difficulties and water
He said he would not have proceeded if he
Regarding discussions by the Council that involved him
Mr. Andron stated that the deed had passed into
Member Paulus asked if the clients have
Mr. Andron said they are totally aware of the engineering and building
I She asked where
There was massive
The
6/19/89 259
proposed Alternative D would be a very small system and would take a period of
three days to pump the water down. Its impact would be very small on an intense
rainstorm and would be a delayed pumping system that would eventually drain that
area down if the site is built upon.
William Laird, 4615 Tomes Circle, suggested that when this comes before the
Council again that a topographical map be used.
Michael Feldman, 4083 Sunnyside Road, referred to the letter of David Shank and
Suzyn Ware, his neighbors at 4081 Sunnyside Road.
that as early as February, 1987 the issues about the difficulties of this site
were known.
He said they would corroborate
Mayor Richards then called the motion on the floor.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Mayor Richards said that the proposed findings would be submitted by staff to
Connor Schmid who would make them available for review by the neighbors. The
findings would also be sent to Mr. Andron for his review and comment.
UPDATE PRESENTED ON SOW & FRANCE BUSINESS DISTRICT RENOVATION PROJECT (89-9)
Engineer Hoffman gave an update on the 50th & France Business District Renovation
Project (89-9).
retailers are concerned about business disruption again this year.
results would indicate that a project starting in August with completion in
mid-1990 would effectively deal with their concerns.
Staff has surveyed the business area and it was clear that the
The survey
Engineer Hoffman said that a test section of sidewalk behind the theatre would be
poured and tested over the fall/winter and spring of next year.
would be exposed aggregate, paver band/exposed aggregate, integrally colored
concrete and paver panels.
merchants on the samples regarding design as well as durability.
survey, staff would propose that the project be bid with award of contract to
start the work in late summer. A second and third contract would be let on later
dates to renovate the specialty items such as trash containers, kiosks, bell tower
and canopies. Engineer Hoffman answered questions about the products from Members
Smith and Paulus. Mayor Richards asked Gail Korst, President of the 50th & France
Business Association, whether she had comments. Ms. Korst said that they want to
make sure that what is used will last and would defer to the Engineering
Department for their expertise regarding the product.
The test panels
A final survey will be taken of the 50th & France
Following the
No formal action was taken.
50TH STREET CLOSING NOT APPROVED: GUIDELINES ON STREET CLOSING DEVELOPED
Larsen, City Planner, stated that at the last Council meeting staff had presented
the request of the 50th & France Merchants Association to close off West 50th
Street for a promotion. At the City Manager's direction, a meeting was held with
Engineer Fran Hoffman, Police Chief Craig Swanson and Captain Len Kleven to review
this proposal and also how to deal with such requests citywide. The only regular
event within the City for which streets are closed temporarily is the block party.
This is a normal event happening citywide with a number of requirements that must
be met.
Craig
The group developed guidelines to review street closings requests based on the
following: Does the City have control over the street, do we have the authority
to close it? What is the classification of the street? Is there a
non-residential diverter street available for that time?
benefit to the closing?
decided, on the public benefit issue, this was a private promotion and thought it
would set an undesirable precedent based on other commercial areas.
Is there a public
What period of time would the street be closed?
The
Staff
6/19/89 260
recommendation was to not permit West 50th Street to be closed at the 50th and
France Business District for Crazy Days as requested;
Mayor Richards inquired whether this information was set forth in the memorandum
that the Council had.
whether the 50th & France Merchants Association knew of this. Planner Larsen said
he did not know if a formal answer had been given.
Korst if an answer must be given immediately.
how it was considered a private benefit but said the merchants were hoping to make
it into a public event sponsoring, for instance, a Kiddie Parade. Member Kelly
stated that she felt a decision should be.made tonight.
Planner Larsen said that it was. Mayor Richards asked
Mayor Richards asked Gail
Ms. Korst said that she understood
Motion was made by Member Rice to approve the staff recommendation not to allow
West 50th street to be closed on Saturday, July 29 for the 50th iS France Business
District Crazy Days. Motion was seconded by Member Smith. Member Paulus asked,
from a public safety point of view, if this event would be as busy as the Art
Fair. Ms. Korst said she would hope that it would be but that it probably would
not be. Mayor Richards suggested that the guideline information should be given
to the business community at 50th and France so that if they wanted to take issue
with it they would have a forum to do so.
Ayes: Kelly, Paulus, Rice, Smith
Nays: Richards
Motion carried.
APPROVAL OF 24. EBS- - MfNl3IX.E DRIVE VACATION CONTINUED TO 7/10/89 Member
Smith explained that he had asked to have this pulled from the consent agenda
because he had questions about the bright red sign on the back of the Room and
Board building facing the apartments.
bright, is on longer hours, etc. He asked if this could be checked. Planner
Larsen responded that the sign does comply with the City ordinance and that staff
has received no complaints.
July 10, 1989, to have a response from the property owner.
The sign may be a conforming sign but is
Mayor Richards asked for a motion to continue this to
Motion was made by Member Smith to continue approval of the 24? easement for the
Havelle Drive vacation to July 10, 1989, to give staff time to check on the sign
and to obtain a response from the property owner. Motion was seconded by Member
Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
ED= HISTORICAL SOCIETY BUILDING EXPANSION APPROVED
the Parks and Recreation, presented the plan for the proposed expansion of the
Edina Historical Society Building at Ameson Acres.
Miller-Dunwiddie Architects, as the architect for the project. Using color
overheads, Director Kojetin showed the features of the proposed two-level
expansion. Many of the artifacts from the Wooddale School building will be
incorporated in the addition, e.g. doors, gym flooring, plaster relief molding,
stairway railings, auditorium seats, pair of front door coach lamps, etc.
Director Kojetin stated that the plans have been presented to and reviewed by the
Park Board and the Edina Historical Society.
FenJkson, President, to sit through the design phase together with Foster
Dunwiddie and Marilyn Curtis from the Society.
Timetable for construction of the expansion is proposed as follows:
Robert Kojetin, Director of
He introduced Joel Stromberg,
The Society has appointed Jim
June 28 Advertise for Bids
July 20
August 7
August 13 Ground Breaking Ceremony
Bid Opening - 2 p.m.
Award of Bid by Council
6/19/89 261
Mayor Richards asked how the project is proposed to be funded.
explained that what has been proposed to the architect was to keep the cost within
$200,000 for the actual construction of the facility. The Edina Centennial
Commission has turned over to the City $221,000 for the project as a lasting
memorial. In addition to the construction costs, there is approximately $15,000
in soft costs for architectural fees.
Director Kojetin I
Motion was made by Member Smith to approve the plans for the Edina Historical
Socikty Building expansion as presented and to authorize the advertising for bids
for the project. A second to the motion was given by Member Paulus..
Ayes: Kelly, Paulus, Rice, Smith, .Richards
Motion carried.
On behalf of the Edina Historical Society, Mr. FenXason expressed their thanks and
appreciation for all who have contributed to the project.
BAIL FIELD LIGHTING - VAN VALKENBURG PARK - APPROVED Parks and Recreation
Director Kojetin introduced Bob Christianson, Park Board Chair and Bill Jenkins,
Park Board Member.
Board to use approximately $130,000 from the developers' fund for lighting for the
three softball fields at Van Valkenburg Park in the fall of 1989. He said that no
money has been budgeted to finish this facility for at least 3-5 years which would
mean from start to finish the park would be a 13-year project.
feels it is important to proceed with the completion so that the adult softball
program can be utilized by the residents to its fullest extent.
the fields would double the number of games that can be played in an evening.
would also enable the facility to be used in the fall for touch football.
Member Kelly said she agreed that the park should be completed and asked whether
any of the money would repaid to the developer's fund.
that ultimately there would be funds allocated out of the capitol improvement
budget. In essence there would be a
trade-off - use of developers' funds today and a postponement of capital
expenditures in five years to off-set at least a portion of the $130,000. Member
Kelly inquired about whether the Softball Association would contribute to pay back
the funds. Mr. Christianson stated that the Softball Association is not like the
Art Center, it is not a revenue producing activity. As a practical matter, that
has not been considered.
Member Smith asked how many teams there are and what the percentage is for
participation of Edina residents.
are 125 adult softball teams in the program; 15 have been turned down.
are made up of residents or individuals who work in the community which is the
basic rule for all adult activities.
60-70%.
that each softball team will contribute $25 additionally to pay for the operation
of the lights; operating costs will be covered by the City.
Member Rice questioned the apparent priority given to construction of the shelter
building earlier at Van Valkenburg Park and asked how that was funded. Director
Kojetin explained that the basic use is to provide restroom facilities, which is
the biggest problem at all the ballfields. Heating was installed as the building
will be in operation until November when it will be closed for the winter season.
The $132,000 cost for the building came from the capital improvement budget.
Motion was made by Member Kelly and was seconded by Member Paulus to approve the
expenditure of $130,000 from the developers' fund for installation of lighting at
the three softball fields at Van Valkenburg Park in the fall of 1989, as
recommended by the Park Board.
Mr. Christianson presented the recommendation of the Park
The Park Board
The lighting of
It
Mr. Christianson explained
That process would not begin for 3-5 years.
. Director Kojetin responded that currently there
The teams
Residents in the program is approximately
Member Smith asked about maintenance of the lights. Manager Rosland said
Rollcall :
Ayes: Kelly, Paulus, Richards
Nay: Rice, Smith
6/19/89 262
Motion carried.
BUDGET HEBRIE;IG DAmS CONFIRMED
Hearings have been scheduled for August 8, 10, and 15. Following discussion the
Council confirmed the August 8 and 10 dates, leaving open any further date to see
if needed.
Mayor Richards stated that the 1989 Budget
WN-SBLE WINE LICENSE RENEWBIS APPROVED Motion vas made by Member Kelly and vas
seconded by Member Rice to approve the On-sale Uine License Renewals, for the
period 7/1/89 - 6/30/90, for the folloving restaurants: Empress Restaurant,
Dayton's Boundary Waters Restaurant, Vie.de France Restaurant, The Good Earth,
Szechuan Star; and for conditional approval: Original Pancake House/My Pie, and
The Pantry, as recommended by the Police Department.
Motion carried on rollcall vote, five ayes
1989 WORK PROGRAM Assistant Manager Gordon Hughes recalled that the Council had
reviewed the 1989 Work Program at the last meeting and had suggested some changes.
In accordance with Council's direction for Issue #4, the short term objective and
work program has been amplified.
Motion vas made by Member Kelly with a second to the motion by Member Paulus to
accept the 1989 Work Program as presented.
the 1989 Work Program be sent to all Board and Commission members.
was unanimously approved.
Member Paulus suggested that copies of
The suggestion
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
DRAFT PLASTICS BAN ORDINANCE PRESENTED: HEBRING DATE SET FOR 7/10/89 Assistant
Manager Gordon Hughes presented a draft ordinance relating to the prohibition of
plastic-ggckaging. The Ordinance is patterned after ordinances which have been
adopted in other cities. Manager Hughes mentioned that in Sections 4 and 5 it
provides a rather substantial role for the Recycling Commission. Staff would
suggest that in Section 4 the City Manager, rather than the Recycling Commission,
should have the duty to enforce the Ordinance. This would be consistent with
other ordinances in the City.
likewise promulgate rules and regulations subject to the Recycling Commission's
input and the Council's adoption.
Ordinance it is suggested that a hearing date be set for July 10, 1989 for first
certain aspects of the Ordinance.
Member Smith suggested that as an alternative to a plastics ban ordinance the
Council consider a draft resolution that would request the Association of
Metropolitan Municipalities and the Metropolitan Council to advocate legislation
that would provide uniform standards and regulations for all cities in the
seven-county metropolitan area relative to the prohibition of plastic packaging.
He said he felt strongly that we cannot do this by ourselves and that this would
be more effective than an ordinance that would pertain to the City of Edina.
In Section 5, staff would recommendthat the Manager
If the Council wishes to consider the Draft
. reading. If so desired, staff would arrange for experts to provide testimony for
Following discussion on the draft ordinance and the proposed resolution, motion
was made by Member Paulus setting July 10, 1989 as the hearing date to consider an
ordinance that would prohibit plastic packaging. Motion was seconded by Member
Rice.
Ayes: Kelly, Rice, Paulus, Richards
Nays: Smith
Motion carried. (See action later in Minutes changing hearing date to 7/24/89.)
LETTER FROM "SUNSHINE GBIS GOLF LEAGUE REFERRED TO STAFF AND PARK BOARD
Richards referred to a letter dated June 6, 1989 from Bernice Schultz, President
of the "Sunshine Gals" golf league asking that the Edina City Council reconsider
Mayor
6/19/89
263
its policy to limit membership in Braemar golf leagues to Edina residents only,
effective in 1990. The letter suggested that current members of the league not be
terminated and that the restriction of Edina residency apply only to new members.
Over time, through attrition, the goal of Edina residency would be achieved.
The Council discussed having the present policy reviewed and the possibility of
grandfathering in current golf league members who are not residents. Parks and
Recreation Director Kojetin said that the Park Board and the Braemar Golf
Association were aware of the letter and had discussed it.
agreed by the Council that the current policy adopted in November of 1987 be
revisited by the Park Board, Park and-Recreation staff, Braemar staff, the Braemar
Golf Association and all the golf leagues concerning the residency requirement.
It was informally
*HEARING DATE SET - STREET VACATION - EDINBOROUGH WAY Motion was made by Member
Kelly with a second by Member Rice to adopt the following Resolution:
RESOLUTION CATLING PUBLIC HEARING ON
VACATION OF EASEWENT FOR STREET PURPOSES
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota, as follows:
1.
street purposes should be considered for vacation, in accordance with the
provisions of Minnesota Statutes, Sections 412.851 and 160.29:
It is hereby found and determined that the following described easement for
All that part of EDINBOROUGH WAY, as donated and dedicated by SOUTH EDINA
DEVELOPMENT ADDITION, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
Beginning at the northeast corner of LOT 1, BLOCK 2, said SOUTH EDINA
DEVELOPMENT BDDITION; thence on an assumed bearing of South 00 degrees
14 minutes 09 seconds East, along the easterly line of said LOT 1 for
100.00 feet; thence South 18 degrees 40 minutes 15 seconds East,
continuing along said easterly line for 63.25 feet; thence North 00
degrees 14 minutes 09 seconds West for 159.90 feet to an intersection
with the easterly extension of the northerly line of said LOT 1, thence
North 89 degrees 57 minutes 33 seconds West, along said easterly
extension for 20.00 feet to the point of beginning.
2. This Council shall meet at the time and place specified in the form of notice
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun, being the official newspaper of the City, the first publication at least 14
days prior to the date of such hearing and to post such notice, at least 14 days
prior to the date of such hearing, in at least three (3) public and conspicuous
places within the City, as provided in Minnesota Statutes, Section 412.851. Such
notice shall be in substantially the following form:
NOTICE OF PUBLIC HEARING
ON VACATION OF EASEMENT FOR STREET PURPOSES
IN THE CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801W. 50th Street on
July 24, 1989, at 7:OO p.m., for the purpose of holding a public hearing on the
proposed vacation of the following easement for street purposes:
All that part of EDINBOROUGH WAY, as donated and dedicated by SOUTH EDINA
DEVELOPMENT ADDITION, according to the recorded plat thereof, Hennepin
County, Minnesota, described as follows:
Beginning at the northeast comer of LOT 1, BLOCK 2, said SOUTH EDINA
DEVELOPWENT ADDITION; thence on an assumed bearing of South 00 degrees
14 minutes 09 seconds East, along the easterly line of said LOT 1 for
100.00 feet; thence South 18 degrees 40 minutes 15 seconds East,
continuing along said easterly line for 63.25 feet; thence North 00
6/19/89 264
degrees 14 minutes 09 seconds West for 159.90 feet to an intersection with the
easterly extension of the northerly line of said LOT 1, thence North 89 degrees
minutes 33 seconds West, along said easterly extension for 20.00 feet to the p
of beginning. I All persons who desire to be heard with respect to the question of whether or not
the above proposed easement vacation is in the public interest and should be made
shall be heard at said time and place. The Council shall consider the extent to
which such proposed easement vacation affects existing easements within the area
of the proposed vacation and the extent to vhich the vacation affects the
authority of any person, corporation, or municipality owning or controlling
electrzc, telephone, or cable television.poles and lines, gas and sewer lines, or
water pipes, mains, and hydrants on or under the area of the proposed vacation, to
continue maintaining the same or to enter upon such easement area or portion
thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto,
for the purpose of specifying, in any such vacation resolution, the extent to
vhich any or all of any such easements, and such authority to maintain, and to
enter upon the area of the proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL.
Marcella H. Daehn
City Clerk
.
Motion carried on rollcall vote, five ayes.
HEBRING DATE OF 7/10/89 SET FOR FAIRVIEW SOUTHDALE HOSPITAL REVENUE BONDS
Robinson, Administrator of Fairview Southdale Hospital, presented the request for
scheduling a public hearing on July 10, 1989 on the proposal for the City to issue
revenue bonds in an amount not to exceed $17,000,000.
financing is to cover facilities and equipment needs; some of these dollars will
pay for projects that have recently been completed or ones the hospital will be
invested in shortly. Mr. Robinson pointed out that these bonds will not include
any dollars for the medical office building or the parking ramp now under
construction at the site.
intensive care unit completed last fall, the maternity service remodeling
completed last year, future remodeling and expansion of emergency medical
services, the heart diagnostic center and the magnetic residence imaging unit now
under construction, etc.
Member Kelly asked for statistics on the number of Edina residents using the
hospital.
from Edina who go to hospitals.
information on this question be included in the presentation on July 10 and that
the hospital also respond to concerns raised by staff relating to the hospital's
image in the community. Member Kelly asked whether the rumor was true that
Fairview Southdale would be somehow involved in the Ebenezer Society's proposed
project on York Avenue. Mr. Robinson stated that they have no plans at this point
to be involved but that the possibility exists.
Doug
The purpose for the
They will include include projects like the new
Mr. Robinson stated that the hospital serves about 42% of the people - Mayor Richards requested that additional
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION RELBTING TO A PROJECT
ON BEHALF OF FAIRVJXW HOSPITAL AND HEBLTHCBRE SERVICES
UNDER THE M"ICIPAI. INDUSTRIAL DEVELOPMEXT ACT;
C-G FOR A PUBLIC HEARING THEREON
BE IT RESOLVED by the City Council of the City of Edina, Minnesota. (the
"Municipality"), as follows;
SECTION 1
Recitals
1.1 The Municipality is authorized by Minnesota Statutes, Sections 469.152
through 469.165 (the "Act"), to issue its revenue bonds to finance capital
projects consisthg of properties used and useful in connection with a
revenue-producing enterprise, whetehr or not operated for profit, engaged in
providing health care services, including hospitals. Fairview Hospital and
265
Healthcare Services, a Minnesota non-profit corporation ("Fairview"), which owns
and operates Fairview Southdale Hospital (the "Hospital") located in the
Municipality, has requested the Municipality issue its revenue bonds in an
aggregate total amount not to exceed $17,000,000 (the "Bonds") to finance a
portion or all of the cost of additions and improvements to the Hospital and the
acquisition and installation of items of equipment in the Hospital.
SECTION 2
Public Hearing
I
2.1 Section 469.154 Subdivision 4 of the Act requires that prior to submission of
an Application to the Minnesota Department of Trade and Economic Development
requesting approval of the Project as- required by Section 469.154 Subdivision 3 of
the Act, this Council conduct a public hearing on the proposal to undertake and
finance the Project. Section 147(f) of the Internal Revenue Code of 1986, as
amended, and regulations promulgated thereunder, requires that prior to this
issuance of the Bonds, this Council approve the Bonds and the Project, after
conducting a public hearing thereon.
undertake and finance the Project through the issuance of the Bonds is hereby
called and shall be held on July 10, 1989, at 7:OO o'clock P.M., at the City Hall.
2.2
the Edina Sun-Current, the official newspaper of the Municipality and a newspaper
of general circulation in the Municipality, at least once not less than fourteen
(14) nor more than thirty (30) days prior to the date fixed for the public
hearing.
A public hearing on the proposal to
The City Clerk shall cause notice of the public hearing to be published in
The notice to be published shall bein substantially the following form:
NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND
THE ISSUANCE OF HOSPITAL SYSTE34 REVENUE
BONDS UNDER THE MUNICIPAL RJDUSTRIAL
DEVELOPMENT ACT, MINNESOTA STATUTES.
SECTIONS 469.152-469.165
CITY OF EDINA, "NESOTA
NOTICE IS HEREBY-GIVEN that the City Council of the City of Edina, Minnesota
(the City), will meet on July 10, 1989, at 7:OO o'clock P.M. at the City Hall,
4801W. 50th Street, in Edina, Minnesota, for the purpose of conducting a public
hearing on a proposal that the City issue revenue bonds, in one or more series,
under the Municipal Industrial Development Act, Minnesota Statutes, Sections
469.152-469.165, in order to finance all or a portion of the cost of a project on
behalf of Fairview Hospital and Healthcare Services, a Minnesota nonprofit
corporation ("Fairview"). The proposed project will consist of various additions
and improvements to and the acquisition and installation of various items of
equipment in Fairview Southdale Hospital, which is owned by Fairview and located
at 6401 France Avenue South in the City. The maximum aggregate principal amount
of the proposed bond issue is $17,000,000.
of the City, and the bonds and interest thereon will be payable solely from'the
revenues pledged to the payment therof.
have the right to compel any exercise of the taxing power of the City to pay the
bonds or the interest thereon, nor to enforce payment against any property of the
City except moneys payable by Fairview to the City and pledged to the payment of
the bonds.
and Economic Development for approval of the project, together with draft copies
of all attachments and exhibits thereto, is available for public inspection at the
office of the City Clerk between the hours of 8:OO A.M. and 4:30 P.M., on normal
business days.
forth above, or may file written comments with the City Clerk prior to the date of
the hearing set forth above.
BY ORDER OF THE CITY COUNCIL
Marcella Daehn
City Clerk
The bonds will be limited obligations
No holder of any such bonds will ever
A draft copy of the proposed Application to the Minnesta Department of Trade
811 persons interested may appear and be heard at the time and place set
Dated: June 19, 1989.
266
6/19/89
2.3
and Economic Development, together vith draft copies of all attachments and
exhibits thereto, are hereby ordered placed on file vith the City Clerk and shall
be available for public inspection, following publication of the notice of public
hearing, between the hours of 8:OO A.M. and 4:30 P.H., on normal business days.
A draft copy of the proposed Application to the Hinneso-a Department of Trace
I Adopted this 19th day of June, 1989. I
-ST: - Mayor
Motion for the adoption of the resolution was seconded by Member Rice and upon
vote being taken thereon, the following voted in favor thereof:
Kelly, Paulus, Rice, Smith, Richards
and the following voted against the same:
None
whereupon the resolution was declared duly passed and adopted.
EEARII?G DATE FOR PLASTICS BAN ORDINANCE CHANGED TO 7/24/89
Kelly to re-set the hearing date on the Plastics Ban Ordinance to July 24, 1989.
Member Smith gave a second to the motion.
Motion made by member
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion Carried.
SHHSC TO REQUEST INCREASE IN FUNDING Member Kelly commented that she had attended
a South Hennepin Human Services Council (SHHSC) budget meeting at they indicated
that SHHSC would be asking for a $7,550 increase in funding and asked what this
would be used for. Susan Wohlrabe responded that the increase was partially for
rent, additional staff, salaries and inflation, but is mainly for rent. Member
Kelly asked, if there are public facilities available for a service organization
such as this, why pay rent.
funding request and will-be making a recommendation to Council at the budget
hearings.
I
The Human Relations Commission will be studying this
RESIGRATION ACCEPTED FROM THE COMMUNITY EDUCATION SWVICES BOARD Member Smith
spoke submitted a letter from Elie Reid regarding her resignation as the City
representative to the Community Education Services Board. He referred to his
memorandum of June 16, 1989 suggesting that her replacement be an individual who
was considered for the open seat on the City Council.
NOMINATIONS REQUESTED FOR REGIONAL TRANSIT BOARD
Association of Metropolitan Municipalities (AMM) Bulletin of June 6, 1989
indicated that two nominations are required for positions on the Regional Transit
Board.
being at eight, with at least two being elected county officials and four elected
city or town officials.
the Edina City Council Members. Mayor Richards expressed an interest in his name
being put in for nomination if the meetings did not conflict with Council
meetings. Manager Rosland mentioned that there are five other committees needing
members: Municipal Revenues, Metropolitan Agencies, Housing and Economic
Development, General Legislation and Transportation. The Council was told if
there is any interest, to make sure the AMM is notified. Questions should be
directed to staff.
CONCERN NOTED REGARDING SALE OF CAHII;L SCHOOL FOR DEVELOPMENT Member Kelly voiced
concern about the article in the newspaper regarding the sale of Cahill School for
development.
would always be a school and the neighborhood believed that the integrity would be
Manager Rosland noted that the
The Legislature has reorganized this Board with compulsory membership
Discussion was held soliciting interest in serving from
The building was sold by the School District with the idea that it
6/19/89
267
protected. Now we are looking at a development -
Member Kelly asked that the zoning be reviewed, that we look carefully at the
possibilities for the site. She added that she was also concerned about the
traffic on West 70th Street, that it backs up exiting from Highway 100. Member
Kelly suggested a meeting between City and School people to look at the
possibility of establishing a joint powers agreement in purchasing that building.
She said she is not saying there is a need for this building but could see some
things in the future, e.g. pre-school education, handicapped education, senior
center, etc., wherein the two governmental bodies miglit use the building. Member
Kelly reiterated she wants the City prepared when the proposal to develop this
property comes before the Council.
we are not sure who or what.
._
Member Smith commented that the City does not have the money to consider a joint
venture to purchase this and recalled that Cahill School was the most expensive
building to maintain in the School District.
wants the City to be aware of the possibility that needs could be met by acquiring
the building. Mayor Richards said that he did not agree with this idea. As to
zoning, he said that is in place, R-1 District.
STAFF COMPLIMENTED ON RECYCLING BQfI?HI;ET:
recycling pamphlet which had been included in the Council packet.
COUNCIL STUDY SESSIONS TIME DISCUSSED
hours for the informal Council Study Sessions, specifically the September 16 date.
Pros and cons were discussed about the hours to meet. An informal poll was taken
with agreement that the Saturday hours would be from 8:OO a.m. to 12:OO noon.
CONCWN NOTED OVW PELLET WAR GAMES PLAYED ON GREEN FARMS ROAD Mayor Richards
stated he had received a call from a gentleman who had spoken to Chief Swanson
regarding war games that are being played with paint pellets in the location of
Green Farms Road. The gentleman was asked to make a presentation at the Council
meeting, and may do that upon acquiring information.
was that he is not happy with these activities going on in the area.
this is not something that can be restricted by ordinance but is something that
should be stopped.
Member Kelly commented that she
Member Smith complimented staff on the
Member Paulus raised the question of the
His main reason for calling
Apparently
*CLAIMS PAID Motion was made by Member Kelly and was seconded by Member Rice to
approve payment of the following claims as per pre-list dated 6/19/89:
Fund $725,017.85, C.D.B.G. $3,024.00, Art Center $6,051.09, Capital Fund $86.66,
Swimming Pool Fund $3,362.07, Golf Course Fund $155,584.48, Recreation Center Fund
$112,974.59, Edinborough Park $8,361.83, Utility Fund $9,864.08, Storm Sewer
Utility $131.67, Liquor Dispensary Fund $98,363.06, Construction Fund $110,953.11,
IMP Bond Redemption #2, $89,001.18, Total $1,322,775.67, and for confirmation of
payment of Claims dated 5/31/89: General Fund $574,651.37, Art Center $1,082.62,
Swimming Pool Fund $601.47, Golf Course Fund $14,742.63, Recreation Center Fund
$9,849.42, Gun Range Fund $1,703.93, Edinborough Park $8,801.09, Utility Fund
$21,268.11, Liquor Dispensary Fund $212,891.75, Total $845,592.39.
General
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 10:45 P.M. A
Q4-