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HomeMy WebLinkAbout19890807_regular2 HINOTES OF THE REGULAR MEETING OF THE EDINA CITP COUNCIL HELD AT CITP HALL AUGUST 7, 1989 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CONSTITUTION WEEK PROCLAIMED for adoption of the following proclamation: WEEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and their posterity, did ordab and establish a Constitution for the United States of America; and WEEREAS, it is of the greatest import that all citizens fully understand the provisions and principles contained in the Constitution in order to support it, preserve it and defend it against encroachment; and WHEREAS, the two hundred second anniversary of the signing of the Constitution provides an historic opportunity for all Americans to learn about and recall achievements of our Founders, and to reflect on the rights and privileges of citizenship, as well as its attendant responsibilities; and FJHEBEBS, the independence guaranteed to the American people by the Constitution should be celebrated by appropriate ceremonies and activities during Constitution Week, September 17 through 23, as designated by proclamation of the President of the Wted States of America in accordance with Public Law 915; NOU, THEREFORE, I, Frederick S. Richards, Mayor of the City of Edina, do hereby proclaim the week of September 17 through 23 as in the City of Edina, and urge all our citizens to pay special attention during that week to our Federal Constitution and the advantage of American citizenship. ADOPTED this 7th day of August, 1989. Motion of Member Paulus was seconded by Member Smith PROCLAMATION - CONSTITUTION WEEK CONSTITUTION WEEK Receiving the proclamation on behalf of the Sanford Chapter, Daughters of the American Revolution was Florence Norback. CONSENT AGENDA ITEMS ADOPTED Member Rice to approve and adopt the consent agenda items as presented. Motion was made by Member Smith and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HINOTES OF THE REGULAR MEETING OF JUNE 19. 1989 APPROVED Motion was made by Member Smith and was seconded by Member Rice to approve the Council Minutes of the Regular Meeting of June 19, 1989. Motion carried on rollcall vote, five ayes. FmINGS. DECISION AND REASONS - IQT 9, WHITE OAKS 2ND ADDITION CONTINUED TO 9/5/89 Motion of Member Kelly was seconded by Member Smith to continue to September 5, 1989 the Findings, Decision and Reasons - Lot 9, Uhite Oaks 2nd Addition as requested by the proponent. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *VACATION OF DRAINAGE AND UTILITP EASEMENT GRBNTED FOR LOT 6. BLK 1. INDIAN H1IJ.S VEST (6728 APACHE RD) Affidavits of Notice were presented, approved and ordered placed on file. Pursuant to due notice given, a public hearing was conducted on the request for vacation of a portion of the drainage and utility easement on Lot 6, Block 1, Indian Hills West (6728 Apache Rd). No public comment or objection was heard. Motion vas made by Member Smith and was seconded by Member Rice for adoption of the following resolution: 8/7/89 ,- 3 i RESOLUTION VACATING EASEMENT FOR DRAINAGE AND UTILI!TY PURPOSES UHElWS, a resolution of the City Council, adopted the 10th day of July, 1989, fixed a date for a public hearing on a proposed vacation of easement for drainage and utility purposes; and VHWEBS, two veeks' published and posted notice of said hearing was given and the hearing was held on the 7th day of August, 1989, at vhich time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and REEREAS, the Council has considered the extent to vhich the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authoriq of any persons, corporation, or municipality owning or controlling electric, 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; NOW, TBEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota that the following described portion of the drainage and utility easement be and is hereby vacated effective as of August 7, 1989: That part of Lot 6, Block 1, INDIAN HI- WEST, according to the recorded plat thereof, described as follows: Olminutes 29 seconds West, assumed bearing, a distance of 30.00 feet along the east line of said Lot 6; thence South 89 degrees 58 minutes 31 seconds West a distance of 10.00 feet to an angle point in the westerly line of the drainage and utility easement as shown on said plat of INDIAN HILIS WEST and the point of beginning of the land to be described; thence North 26 degrees 35 minutes 02 seconds West a distance of 13.20 feet along said westerly line; thence on a bearing of North a distance of 13.35 feet; thence on a bearing of West a distance of 6.68 feet to said vesterly line; thence North 26 degrees 35 minutes 02 seconds West a distance of 19.96 feet along said vesterly line; thence on a bearing of North 15.26 feet; thence on a bearing of West a distance of 3.63 feet; thence on a bearing of North a distance of 7.15 feet; thence on a bearing of West a distance of 4.50 feet; thence on a bearing of North a distance of 12.76 feet; thence on a bearing of West a distance of 10.36 feet; thence on a bearing of South a distance of 3.17 feet to the southerly line of said drainage and utility easement; thence on a bearing of East a distance of 2.47 feet along said southerly line to an intersection with said vesterly line of the drainage and utility easement; thence South 26 degrees 35 minutes 02 seconds East a distance of 83.87 feet along said vesterly line to the point of beginning. I Commencing at the Southeast corner of said Lot 6; thence North 0 degrees The City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor and filed vith the County Recorder, in accordance vith Minnesota - Statutes, Section 412.851. Motion for adoption of the resolution carried on rollcall vote, five ayes. PERSONNEL ORDINANCE NO. 122 GRANTED FIRST READING Mayor Richards recalled that First Reading of the Personnel Ordinance No. 122 had been continued at the last meeting and that staff was asked to provide information concerning the costs for the proposed changes in employee benefits. August 7, 1989 from the Manager which explained the costs relating to the proposed changes in employee benefits for severance, vacation, terminal pay and parental leave. proposed changes. Member Smith asked if the term "severance" referred to termination of an employee. Manager Rosland said it refers to employees that retire after 20 or more years He referenced a memorandum dated Discussion followed and Manager Rosland responded to questions on the c. -. 8/7/89 .. 4 with the City. bring the City of Edina in line with benefits of other municipalities. Rosland recalled that the benefits study done a few years. ago found Edina behind on these issues and that these changes are proposed in response. Member Smith also asked if the proposed changes in benefits would ' Manager Mayor Richards asked what would be the maximum,exposure the City would incur for unused or accrued vacation when an employee leaves employment. Assistant to Manager, said the employee would be compensated for unused or accrued vacation not to exceed 240 hours (30 days). There would be some carry-over of vacation time as employees with over five continuous years of service would be would have to take ten days, those with over fifteen years would have to take 15 days. Mayor Richards said he was concerned that an employee could accrue unused vacation and then at some point ask for a long vacation leave. the ordinance indicate the maximum amount of vacation that could be taken in any one year. Ceil Smith, ~ asked to take a minimum of five days vacation per year, those with over ten years He suggested that Member Rice asked what the dollar cost would be for the proposed vacation change. Manager Rosland explained that vacation is a funded liability and therefore the additional cost to the City is in a decrease in productive time of an employee of one additional day per year between the years 10 and 15. through the year and do not take vacation that becomes accrued vacation hours that are carried over, but the dollars are not necessarily carried over. Historically, however, when an employee retires and is paid for accrued vacation that is funded by back-filling the position at a lower rate of pay. productivity would suffer with giving the proposed additional vacation time. Manager Rosland said he did not foresee a drop in service level as the employees on duty would fill those voids where needed. Member Smith then offered Personnel Ordinance No. 122 for First Reading as presented and on file in the office of the City Clerk, subject to an addendum prior to adoption that the maximum amount of vacation that may be taken each year would be five weeks. As employees move Member Rice asked if Motion for First Reading was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. *BID AWARDED FOR PLAYGROUNJI EQUIPME" - MC GUIRE PARK Motion was made by Member Smith and was seconded by Member Rice for award of bid for playground equipment for McGuke Park to recommended low bidder, Flanagan Sales, Inc., at $10,116.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR ARNESON HOUSE ADDITION Motion was made by Member Smith and was seconded by Member Rice for award of bid for the Arneson House Addition to recommended low bidder, U.H. Cates Construction, Inc., at $206,466.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR RESURFACING OF TENNIS COURTS Motion was made by Member Smith and was seconded by Member Rice for award of bid for resurfacing of tennis courts to recommended low bidder, Gopher State Sealcoat, Inc., at $9,600.00. Motion carried on rollcall vote, five ayes. .REPORT ON ME"ROPOLI!CAN COUNCIL POPUIATION ESTIMATES FOR CITY GIVEN The Council was advised that the Metropolitan Council has provided an estimate of the number of households and population for the City of Edina as of April 1, 1989, which estimates are used, among other things, to set levy limits for the City's budget. For 1989, even though the household count increased by 104 units, the population estimate declined by 1,130 persons. This was caused by reduction in the persons per household from 2.25 to 2.18 persons. I 8/7/89 5 This reduction is the largest seen in the last ten years and staff is in the process of challenging the new estimates which they feel are unrealistically large. Council will be advised of the outcome. No action was taken. SUY HAYS APPOINTED TO COMMUNITY EDUCATION SERVICES BOARD that two names have been submitted as candidates for appointment to the Community Education Services Board, Sally Mays and Rollie Ring. had been in contact with Mr. Ring who had indicated he could not make this commitment. Mayor Richards advised Member Smith said that he Mayor Richards made a motion that Sally Mays be appointed to the Community Education Services Board. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PETITION FROM NEIGHBORS CONCERNING GRANDVIEW CEMETERY REFERRED TO STAFF Rosland made reference to a petition from neighbors adjacent to Grandview Cemetery complaining about the dirt hauling operations of Harry Lindberry at Grandview Cemetery and the old vehicles and tires stored there. He recommended that this be referred to staff for investigation and possible-prosecution. Health Departments are looking into possible zoning and nuisance violations occurring at the cemetery. If pursued, the matter could end up in litigation as was the case a number of years ago. Manager The Planning and Robert Eaton, 419 Monroe Avenue, spoke in behalf of the neighbors. He said that during the past eight years a pile of black dirt has been rising on the cemetery property and that they were told about five years ago that it would end and would be leveled off. even with air conditioning and have had to put up with the sounds of bulldozers. They object to Mr. Lindberry running a business in a residential area and in the midst of the cemetery and are asking the City to have that stopped. Chermak, 425 Adams Avenue, commented that the neighborhood has had to put up with the sound of diesels being started mornings. Mrs. Carl Anderson, 425 Jefferson Avenue, said that she lives across the street and that when the trucks exit they produce a cloud of dust which makes it impossible to hang out clothes or work in the garden. Mayor Richards recalled that the City has tried through previous litigation to solve the problem but was not successful. with staff to look at the pros and cons and what some of the alternatives are before the City considers taking legal action. ' They have been unable to keep dirt and dust out of their homes Joseph He suggested that the neighbors meet Following discussion, it was informally agreed that this be referred to staff for input from the neighbors and that a recommendation be brought back to the Council as to possible action. 1989 NLC CONGRESS OF CITIES TO BE HELD AT ATLANTA ON NOVEB%R 25-29 DISCUSSED Mayor Richards suggested that the Council consider the costs of attending the NLC Congress of Cities during the 1990 Budget Hearings and discuss whether anyone should attend at that time. HENNEPIN COUNTY TO CONSIDER PLASTIC BAN ORDINANCE: TESTIMONY SOUGHT Member Paulus said she had been contacted by Hennepin County advising that the county will be considering an ordinance dealing with plastics and are seeking support from elected officials who are in favor of an ordinance that would ban plastic packaging. Testimony will be taken at a public hearing on Thursday morning, August 10, at the Government Center. CONFUSION OF RESIDENTS ON PLACEMENT OF GARBAGE FOR PICKUP NOTED Member Paulus said that she had received numerous phone calls regarding residents who are 8/7/89 confused about where garbage and recyclables should be placed for pickup. As a result some residents place their grass clippings, garbage and recyclables at the curb, sometimes several days in advance and there is objection to the resulting trashy look. Mayor Richards proposed that staff be directed to work with BFI on this problem and that BFI report back to the Council by August 21 if possible as to how this is being resolved. customers that garbage containers are not to be placed at the curb. Further, that staff contact the garbage haulers to advise their . ODOR PROBLFX FROM SWAGE PIMPING FACILITY AT 72ND AND OAKURN NOTED Member Rice referred to a letter dated July 15, 1989 from Daniel Petrosky, 7204 Oaklawn Avenue, concerning the odor problem from the sewage pumping facility at 72nd Street and Oaklawn and asked if this is being handled. staff has been in contact with Mr. Petrosky concerning the problem. Manager Rosland said that RESIGNATION OF DEL JOHNSON FROM COMMUNITY DEVELOPMEN!J! AND PLBNNING COMMISSION NOTED Member Rice referred to the letter dated July 25, 1989 from Del M. Johnson stating that he was resigning from the Community Development and Planning Commission because he is moving from the City. opportunity to reduce the number of members by not filling the position because of some concern that 11 members on the Commission is somewhat unwieldy. Richards said that the ordinance provides that there be 11 members on the Commission. He asked if this would be an Mayor As to the process for filling the position, he said that the Mayor makes the appointment with the consent of the Council. He suggested that Council Members submit names for this position to him by August 28 so that this matter could be placed on the September 5 Council Agenda. MICHAEL DUCAR IXTTER CONCERNING TREE PLBNTING PROGRAM TO BE DISCUSSED AT UPCOMING BUDGET HEARINGS Mayor Richards referred to the letter dated July 19, 1989 from Michael Ducar, 4616 Wooddale Avenue, concerning the lack of a tree planting program in the City and asked that this be considered at the upcoming budget hearings. WXYOR'S CORRESPONDENCE NOTED Mayor Richards noted receipt of the following correspondence : 1) Material from the Hennepin County Attorney referring to the recent 1989 Legislative Session, 2) Submittals required by law concerning the Fairview Southdale Hospital Revenue Bonds, 3) Report on inspection of City's jail facilities - Category checked was "good", 4) a program run out of Colonial Church in Edina. News release announcing the opening of the National Childhood Grief Institute, FUNDING REOUEST OF SEHSC TO BE ElEARD AT BUDGET HEBRING 8/8/89 advised the Council that he had been contacted today by Larry Oppold, Executive Director of South Hennepin Human Services Council (SHHSC) concerning a request for additional funding of $2,000 to fund the position of a senior planner for the rest of 1989. Manager Rosland Mr. Oppold was invited to bring that request to the 1990 Budget Hearing ,on August 8, 1989 when the SHHSC 1990 funding request is heard. . FOCUS GROUP WORKING ON COMMUNICATIONS FORMAT staff has been working with a focus group of residents to develop a communications budget for a format that would provide for some form of printed word, television program and newsletter to get information out to the residents of the City. will be funded by cable television revenues and a report will be made to the Council within the next few weeks. Manager Rosland reported that a This 8/7/89 7 1988 AUDIT FINDINGS DISCUSSED Finance Director John Wallin referred to the Auditor's Report on Compliance with the Provisions of the Legal Compliance Audit Guide for the recently completed 1988 City audit which noted two non-compliance findings. that both findings were insignificant. He said that in speaking with the senior auditor it was her opinion He responded to the findings as follows: Finding No. 1 - One day during the year uninsured funds on deposit at a depository designated by Council exceeded 90% of the collateral assigned to the City (M.S. 118.01, subd. 2). Director Wallin explained that he is the treasurer of the Suburban Rate Authority (SRA) and keeps the organization's funds under the City's tax ID number. Checking and savings for the SRA at December 31, 1988 were sufficient to put the City over its collateral limit by about $3,000. Bank has been contacted and will raise the collateral assigned to the City by $100,000 which will then be brought to the Council for approval. Finding No. 2 - Claims paid prior to a Council meeting are not signed by a majority of the Council (M.S. 412.271, subd. 4). Director Wallin said that the statute states that when the City cannot defer payment of a claim until the next Council meeting without forfeiture of discount privileges, payment may be immediate if at least a majority of the Council members endorse an itemized claim for payment. Payment of the claim is then confirmed at the next Council meeting. He noted that the liquor stores receive about $50,000 a year in cash discounts that are due to paying liquor invoices within a week. by the Federal government to transmit funds for the City's portion of FICA within three days after payroll. This has been the City's practice for a number of years and in order to be in compliance at least three Council Members would have to come in at least once a week to sign claims. requirement as well. City continue to handle all claims as in the past. CLAMS PAID Motion was made by Member Smith and vas seconded by Member Rice for to approve payment of the folloving claims as per pre-list dated August 7, 1989: General Fund $171,536.74, CDBG $475.00, Communications $298.75, Art Center $2,490.91, Capital Fund $5,131.32, Swimming Pool Fund $1,214.56, Golf Course Fund $38,686.41, Recreation Center Fund $7,146.44, Gun Range Fund $955.60, Edinborough Park $7,939.30, Utility Fund $238,013.07, Storm Sever Utility $2,975.90, Liquor Dispensary Fund $1,831.12, Construction Fund $11,465.09, Total $490,160.21. Motion carried on rollcall vote, five ayes. Marquette The City also is required The senior auditor said that other cities by-pass this Following some discussion it was informally agreed that the There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:16 p.m. - City Clerk