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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-