HomeMy WebLinkAbout19890918_regular46 MINUTES
OF THE REGULAR WBTING OF THE
EDINA CITY COUNCIL HELD AT CITY HAIL
SEP’EMBER 18, 1989
ROILCAIL Answering rollcall were Members Kelly, Paulus, Rice and Smith. Mayor
Pro-tem Kelly chaired the meeting in the absence of Mayor Richards.
CONSENT-AGENDA ITMS ADOPTED
Menher Rice to approve and adopt the consent agenda items as presented vith the
exception of the removal of item VI1.A - Boiler and Machinery Insurance.
Motion was made by Member Paulus and was seconded by
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
*MINUTES OF THE REGULBR MEETINGS OF AUGUST 21AND SEPTEMBER 5. 1989 AND JOINT
€IRA/COuNGIL MEETING OF SEPTEMBER 5. 1989 APPROVED Motion vas made by Member
Paulus and was seconded by Member Rice to approve the Council Minutes of the
Regular Meetings of August 21 and September 5, 1989 and the Joint HRA/Council
Meeting of September 5, 1989.
Motion carried on rollcall vote, four ayes.
PUBLIC HEARINGS CONDUCTED ON SPECIAL ASSESSIENTS Affidavits of Notice were
presented, approved and ordered place on file.
public hearings were conducted and action taken as hereinafter recorded on the
following proposed assessments:
Due notice having been given,
Assessment approved by motion of Member Rice, seconded
carried unanimously. (Assessment levied by Resolution
2. STREET IMPROVEM.ENT NO. BA-28lA
3. WATERMAIN IMPROVEMENT NO. WM-363
4. STORM SEWER IMPROVEMENT NO. STS-185
5. SANITARY SEWER IMPROVEMENT NO. SS-377
Location: Malibu Drive from Lincoln Drive to 655
Location: Malibu Drive from Lincoln Drive to 710
Location: Malibu Drive from Lincoln Drive to 290
Location: Malibu Drive from Lincoln Drive to 710
1. PARKING €?AMP IMPROVEMENT NO. P-1B
Location: West 51st Street Parking Ramp
Manager Rosland presented analysis of assessment showing total construction cost
of $240,000 proposed to be assessed against one assessable unit (Edina Theatre
property). No objections were heard and
no written objections to the proposed assessment were received prior hereto.
by Member Paulus and I Assessment to be spread over 20 years.
later in Minutes.)
feet Southeasterly
feet Southeasterly
feet Southeasterly
feet Southeasterly
Improvements listed under 2, 3, 4 and 5 affecting the same properties, public
hearing was conducted concurrently.
assessment for Street Improvement No. BA-28lA showing total construction cost of
$23,349.43 proposed to be assessed against 1,052.25 assessable feet at $22.19 per
assessable foot, against estimated assessment of $26.35 per assessable foot.
Analysis of assessment for Watermain Improvement No. WM-363 was given as total
cost of construction of $21,239.15 proposed to be assessed against 5 assessable
lots at $4,247.83 per lot, against estimated assessment of $5,773.72 per lot.
Analysis of assessment for Storm Sewer Improvement No. STS-185 was given as total
cost of construction of $14,955.98 proposed to be assessed against 140,300
assessable square feet at $0.1066 per assessable square foot, against estimated
assessment of $0.126 per square foot.
Improvement No. SS-377 was given as total cost of construction of $29,700.85
proposed to be assessed against 5 assessable lots at $5,940.17 per lot, against
estimated assessment of $7,132.73 per lot.
10 years per Developer’s Agreement.
objections to the proposed assessments were received prior hereto.
Street Improvement No. BA-28lA approved by motion of Member Smith, seconded by
Manager Rosland presented analysis of
Analysis of assessment for Sanitary Sewer I All assessments are to be spread over
No objections were heard and no written
Assessment for
.
9/18/89 v- 47
Member Paulus and carried unanimously. Assessment for Uaterman Improvement No.
W-363 approved by motion of Member Rice, seconded by Member Paulus and carried
unanimously. Assessment for Storm Sewer Improvement No. STS-185 approved by
motion of Member Rice, seconded by Member Smith and carried unanimously.
Assessment for Sanitary Sewer Improvement No. SS-377 approved by motion of Member
Paulus, seconded by Member Rice and carried unanimously.
Resolution later in Minutes. )
(Assessment levied by
6. WATERMAIN IMPROVEMENT NO. WM-364
7. SANITARY SEWER IMPROVEMENT NO. SS-378
Location:
Location:
Ryan Avenue from West 62nd Street to West 63rd Street
Ryan Avenue from West 62nd Street to West 63rd Street
Improvements listed under 6 and 7 above affecting the same properties, public
hearing was conducted concurrently.
assessment for Watermain Improvement No. WM-364 showing total construction cost of
$10,514.19 proposed to be assessed against 3,lots at $3,504.73 per assessable lot,
against estimated assessment of $4,736.70 per lot.
Sanitary Sewer Improvement No. SS-378 was given as total construction cost of
$17,211.24 proposed to be assessed against 3 lots at $5,737.08 per assessable lot,
against estimated assessment of $5,666.10 per lot.
10 years.
assessments were received prior hereto.
Rice, seconded by Member Paulus and carried unanimously.
Resolution later in Minutes.)
Manager Rosland presented analysis of
Analysis of assessment for
Assessments to be spread over
Assessments approved by motion of Member
No objections were heard and no written objections to the proposed
(Assessment levied by
8. STORM SEWER IMPROVEMENT NO. STS-186
Location:
Location:
Location:
Minnesota Drive from France Avenue to Edinborough Way
Minnesota Drive from France Avenue to Edinborough Way
Minnesota Drive from France Avenue to Edinborough Way
9. SANITARY SEWER IMPROVEMENT NO. SS-379
10. WATERMAIN IMPROVEMENT NO. WM-365
Improvements listed under 8, 9 and 10 above affecting the same properties, public
hearing was conducted concurrently. Manager Rosland presented analysis of
assessment for Storm Sewer Improvement No. STS-186 showing total construction cost
of $63,984.94 proposed to be assessed against 2,139,965 square feet at $0.0299 per
assessable square foot, against estimated assessment of $0.331 per square foot.
Analysis of assessment for Sanitary Sewer Improvement No. SS-379 was given as
total construction cost of $19,687.68 proposed to be assessed against 2,139,965
square feet at $0.0092 per assessable square foot, against estimated assessment of
$0.01093 per square foot. Analysis of assessment for Watermain Improvement No.
WM-365 was given as total construction cost of $40,787.72 proposed to be assessed
.against 2,139,965 square feet at $0.01906 per assessable square foot, against
estimated assessment of $0.02116 per square foot.
10 years.
for the Centennial Lakes project. No objections were heard and no written
objections to the proposed assessments had been received prior hereto.
for Storm Sewer Improvement No. STS-186 approved by motion of Member Paulus,
seconded by Member Smith and carried unanimously.
Improvement No. SS-37.9 approved by motion of Member Rice, seconded by Member Smith
and carried unanimously. Assessment for Watermain Improvement No. WM-365 approved
by motion of Member Rice, seconded by Member Smith and carried unanimously.
(Assessments levied by Resolution later in Minutes.)
Assessments to be spread over
Engineer Hoffman explained that this is the first round of assessments
Assessment
Assessment for Sanitary Sewer
11. SANITARY SEWER CONNECTION NO. HC-11
Location: 4540 France Avenue South
Manager Rosland presented analysis of assessment showing total construction cost
of $6,215.00 proposed to be assessed against one lot as petitioned by property
owner. No objections were heard and no
written objections to the proposed assessment were received prior hereto.
Assessment to be spread over 6 years.
48 9/18/89
Assessment approved by motion of Member Rice seconded by Member Paulus and carried
unanimously. (Assessment levied by Resolution later in Minutes.)
12. MAINTENANCE IMPROVEMENT NO. M-89
Location: 50th Street and France Avenue Business District
Manager Rosland presented analysis of assessment showing total cost of $43,121.71
proposed to be assessed against 309,560 square feet at $0.1393 per assessable
square foot. Engineer Hoffman explained
that the assessment next year will be increased to provide for ramp maintenance.
No objections were heard and no written objections to the proposed assessment were
received prior hereto. Assessment approved by motion of Member Smith, seconded by
Mem5er Rice and carried unanimously.
Minutes. )
One year assessment to be paid in 1990.
(Assessment levied by Resolution later in
13. TREE REMOVAL PROJECT NO. TR-89
Location: 5200 Valley View Road
4810 Brookside Avenue
Manager Rosland presented analysis of assessment showing total cost of $804.22
proposed to be assessed against two lots: $155.42 against 5200 Valley View Road,
to be spread over 3 years, and $648.80 against 4810 Brookside Avenue, to be spread
- over 5 years. No objections were heard and no written objections to the proposed
assessment had been received prior hereto.
Member Rice, seconded by Member Smith and carried unanimously.
by resolution later in Minutes.)
Assessment approved by motion of
(Assessment levied
13. AQUATIC WEED IMPROVEMENT NO. AQ-89
Location: Indianhead Lake and Mill Pond
Manager Rosland presented analysis of assessment showing total cost for Indianhead
Lake of $10,651.00 proposed to be assessed against 33 homes at $322.76 per home
and total cost for Mill Pond of $7,268.00 proposed to be assessed against 63 homes
at $115.37 per home. One year assessment to be paid in 1990.
heard and no written objections to the proposed assessment had been received prior
hereto.
and carried unanimously.
B No objections were
Assessment approved by motion of Member Smith, seconded by Member Rice
(Assessment levied by Resolution later in Minutes.)
X5. TREE TRIMMING IMPROVEMENT NO. TT-89
Location:
East, Highway 62 on the North and the Southern City Boundary on the South
Area bounded by Highway 169 on the West, Highway 100 on the
Manager Rosland presented analysis of assessment showing total cost at $43,442.31
proposed to be assessed against 827 trees trimmed at $52.53 per assessable tree.
One year assessment to be paid in 1990. A letter from Nancy E. Johnson, 6312
Warren Avenue, objecting to the assessment was acknowledged. Manager Rosland
stated that this will be checked by staff and an adjustment will be made if
warranted.
received questioning the tree trimming assessment and adjustments will be made if
warranted.
proposed assessment had been received prior hereto.
of Member Smith, seconded by Member Rice and carried unanimously.
levied by Resolution later in Minutes.)
Staff also will be responding to numerous phone calls that had been
No objections were heard and no other written objections to the
Assessment approved by motion
(Assessment
16. RE-ASSESSMENT OF SPECIAL ASSESSMENTS ON TAX FORFEITED LAND
Location: Land parcel only - Part of Lot 23, Auditor's Subdivision No. 196
(North of Crosstown Highway and east of Vernon Avenue)
Manager Rosland presented analysis of assessment showing total amount to be
re-assessed of $7,960.49 proposed to be assessed against one parcel.
to be spread over 3 years.
Edina Masonic Lodge No. 343 and that assessments were levied in 1982 for public
improvements (grading, street, sanitary sewer and watermain). It became tax
forfeited land several years ago and has now been purchased from the county.
City will be rebated for 90% ($44,100.00) of the sale price paid ($52.060.49)
Assessment
He explained that this property was formerly owned by
The
9/18/89 - r -. 49
towards the special assessments, leaving a total of $7,960.49 to be re-assessed.
The property owner has been advised of the proposed re-assessment. No objection
was heard and no written objection to the proposed re-assessment had been received
prior hereto. Assessment approved by motion of Member Smith, seconded by Member
Rice and carried unanimously. (Assessment levied by Resolution later in Minutes.) -
Following the presentation of analysis of assessments and approval, Member Smith
introduced the following resolution and moved its adoption:
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT
OF VARIOUS PUBLIC IMPROVEMENTS.
BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, as follows:
1.
assessment rolls for the improvements hereinafter referred to, and at such
hearings held on September 18, 1989, has considered all oral and written
objections presented against the levy of such assessments.
2. Each of the assessments as set forth in the assessment rolls on file in the
office of the City Clerk for the following improvements:
The City has- given notice of hearings as required by law on the proposed
Parking Ramp Improvement No. P-1B
Street Improvement No. BA-281A
Watermain Improvement No. WH-363
Storm Sewer Improvement No. STS-185
Sanitary Sewer Improvement No. SS-377
Watermain Improvement No. a-364
Sanitary Sewer Improvement No. SS-378
Storm Sewer Improvement No. STS-186
Sanitary Sewer Improvement No. SS-379
Watermain Improvement No. WH-365
Sanitary Sewer Connection No. HC-11
Maintenance Improvement No. H-89
Tree Removal Improvement No. TR-89
Aquatic Weeds Improvement No. AQ-89
Tree Trimming Improvement No. TT-89
Re-assessment of Special Assessments on Tax Forfeited Land (Part of
Lot 23, Auditor's Subdivision No. 196
does not exceed the local benefits conferred by said improvements upon the lot,
tract or parcel of land so assessed, and all of said assessments are hereby
adopted and confirmed as the proper assessments on account of said respective
improvements to be spread against the benefitted lots, parcels and tracts of land
described therein.
3.
said installments, together with interest at a rate of 9.0% per annum, except that
interest for Re-assessment of Special Assessments on Tax Forfeited Land (Part of
Lot 23, Auditor's Subdivision No. 196) shall be at a rate of 11.5% per annum, on
the entire assessment from the date hereof to December 31, 1990, to be'payable
with the general taxes for the year 1990.
added interest at the above rate for one year on a11 then unpaid installments.
The number of such annual installments shall be as follows:
PARKING RAMP IMPROVEMENT NO. P-1B (Levy NO. 11541) 20 years
STREET IMPROVEMENT NO. BA-28lA (Levy NO. 11540) 10 years
WATERMBIN IMPROVEMENT NO. WH-363 (Levy NO. 11534) 10 years
STORM SEWER IMPROVEMENT NO. STS-185 (Levy NO. 11538) 10 years
SANITARY SEWER IMPROVEMENT NO. SS-377 (Levy NO. 11536) 10 years
WATERMAIN IMPROVEMENT NO. UH-364 (Levy NO. 11535) 10 years
SANITARY SEWER IMPROVEMENT NO. SS-378 (Levy NO. 11537) 10 years
STORM SEWER IMPROVEMENT NO. STS-186 (Levy NO. 11539 10 years
SANITARY SEWER. IMPROVEMENT NO. SS-379 (Levy NO. 11559) 10 years
WATERMAIN IMPROVEMENT NO. WH-365 (Levy NO. 11558) 10 years
SANITARY SEWER HOUSE CONNECTION NO. HC-11 (Levy NO. 11533) 6 years
MAINTENANCE JXPROVEMENT NO. H-89 (Lepy NO. 11527) 1 year
The assessments shall be payable in equal annual installments, the first of
To each subsequent installment shall be
Name of Improvement Number of Installments
50 9/18/89
TREE BEPIOVAL PROJECT NO. TB-89 (Levy NO. 11531) 3 years
(Levy No. 11532) 5 years
AQUATIC UEED IMPROVEMENT! NO. AQ-89 (Levg NO. 11530) 1 year
TREE TRIMMING IHPROVEMEN!C NO. TT-89 (Levy NO. 11551) 1 year
TAX FORFEIT IAND BE-ASSESSMIWC (Part of Lot 23, Auditor's 3 years
Subdiesion 'No. 196 (06-116-21-21-0006)
(Levy No. 11585)
4. The City Clerk shall forthwith prepare and transmit to the County Auditor a
copy of this resolution and a certified duplicate of said assessments vith each
thenunpaid installment and interest set forth separately, to be extended on the
tax lists of the County in accordance vith this resolution.
5. The City Clerk shall also mail notice of any special assessment which may be
payable by a county, by a political subdivision, or by the owner of any
right-of-way as required by Wnnesota Statutes, Section 429.061, Subdivision 4,
and if any such assessment is not paid in a single installment, the City Treasurer
shall arrange for collection thereof in installments, as set forth in said
Section.
Motion for adoption of the resolution was seconded by Member Rice.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Resolution adopted.
CONDITIONAL USE PERMIT APPROVED FOR GRACE CH"RCH OF EDINA
recalled that the request of Grace Church of Edina, 5300 France Avenue, for a
conditional use permit was heard by the Council on July 24, 1989 and the hearing
was continued to allow the church time to address concerns that were raised at
that meeting. Specifically, the following were identified: 1) If there was to be
a modification to the front entrance of the building, exactly what would that be,
how would it look and what kind of variance would be requested, 2) Noise generated
by the heating/air conditioning unit located on the roof of the building, and 3)
Drainage spilling off of the church property onto the backyards of some of the
Halifax Avenue properties.
Planner Craig Larsen
Planner Larsen advised that since then the church did appear before the Board of
Appeals and requested a 15 foot setback variance to build a new front entry that
would draw the entry back to the existing line of the church building or a 35 foot
setback.
setback.
be acceptable.
variance for the redesigned entry at their meeting of September 7, 1989.
existing cross and supports to the south of the proposed new entry would be
lowered to the building line at that point.
The church has proposed installation of sound baffles on the heating/air
conditioning unit located on the roof to reduce the level of sound coming from the
unit.
As initially proposed the new entry would only have had-a 2 foot
This would comply with what the Planning Commission had indicated would
The Board of Appeals unanimously approved the 15 foot setback
The
Finally, with regard to the drainage problem, the church has installed a new
"beehive" type cover for the catch basin which would allow for better drainage.
In addition, the church is proposing berming along the low area adjacent to the
Thatcher's property which would contain the stormwater runoff on the church site
for drainage into the catch basin.
Planner Larsen said that church representatives had met with the neighbors who had
been concerned about the noise and drainage and had explained the proposed
remedies.
Church to allow for the proposed expansion and remodeling, subject to immediate
installation of berming along the west property line, installation of sound
baffles on the heating/air conditioning unit, review and approval by the City
Engineer of any further changes in the grading plan and also conditioned upon
Staff would recommend approval of the Conditional Use Permit for Grace
s
9/18/89 51
rec ipt of an executed Pro f of Parking Agreement prior to issuance
permit for the expansion and remodeling.
f a building
Member Smith noted that the proposed actions by Grace Church had been outlined in
a letter from Andre LaTondresse, Schwarzpeber Architects, Inc., and said he would
like-to hear from representatives of the church on these issues.
Lundborg, Chairman of Facilities Task Force for Grace Church, then reiterated the
background information on their original master plan that had called for a
sanctuary that would seat 1800 people. He explained that the sanctuary that was
built was to be a temporary, low cost facility until they could build the larger
one. Because that master plan is no longer valid, Grace Church is requesting a
conditional use permit for building expansion and remodeling to make this their
permanent facility. The expansion and remodeling will improve the facility both .
as to function and visibility. Mr. Lundborg stated that, as good neighbors, Grace
Church intends to install the sound baffles on the heating/air conditioning unit
and to construct the berming regardless of whether or not the conditional use
permit is approved.
Member Rice asked how high the proposed new entry tower would be compared with the
existing cross to the south, and if any part would be closer to the street than
the 35 foot setback.
Latondresse, architect for the project, said that the tip of the steeple would be
44 feet from ground level.
will be lowered so that there will be a recognizable steeple.
confirmed that the new front entry vestibule would maintain the 35 setback for the
existing building.
Richard
In response to the height of the entry tower, Andre
The existing cross is at a height of 65 feet which
Planner Larsen
Mary Thatcher, 5309 Halifax Avenue, thanked the Council for its interest in
supporting her concern about the drainage from the church site onto her property.
She said that, from the plans shown her by the church and comments of City staff,
she feels assured that they will not have drainage from routine rainstorms in the
future.
promising.
Member Smith introduced the following resolution and moved adoption, subject to
1) Immediate installation of berming along the west property line, 2) Immediate
installation of sound baffles on the heating/air conditioning unit, 3) Review and
approval by City Engineer of any further changes in the grading plan, and 4)
Receipt of an executed Proof of Parking Agreement prior to issuance of a building
permit for the expansion and remodeling:
RESOLUTION GRBNTING CONDITIONAL USE.PERMIT
Further, she said the proposed improvements to the building look
FOR GRACE CHURCH OF EDINA m, the procedural requirements of Ordinance No. 825 (The Zoning Ordinance)
have been met; and
WHEREAS, it has been determined that the Findings as required by Ordinance No. 825
have been satisfied;
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a
Conditional Use Permit to Grace Church of Edina, 5300 France Avenue, for building
expansion and remodeling.
Motion for adoption of the resolution was seconded by Member Rice.
Ro 11 c a1 1 :
Ayes: Paulus, Rice, Smith, Kelly
Resolution adopted .
RELEASE OF PROOF OF PARKING AGREEMENTS APPROVED FOR ONE CORPORATE CENTER. PHASES
5 AND 6
release of Proof of Parking Agreements for One Corporate Center, Phases 5 and 6,
generally located east of Ohms Lane and west of Metro Boulevard.
property measures 12.8 acres and is developed with 14 office buildings containing
280,319 square feet of floor area.
Planner Larsen presented the request of Ryan Construction Company for
The subject
52
The project was developed by Ryan
numerous variances because at the
District in the Zoning Ordinance.
9/18/89
Construction Company in 1982 and required
time the City did not have a Planned Office I One of the variances granted was for parking
quantity.
constructing 642 spaces.
Parking agreement illustrating the required 724 spaces.
that in 1984 the City adopted a new Zoning Ordinance which reduced parking
requirements for larger office building developments. Under the new Zoning
Ordinance 632 spaces would be required for this development.
survey indicated that the development has 645 spaces, or 13 spaces more than
currently required.
The development required 724 spaces, but the developer proposed
The plan was approved at 642 spaces with a Proof of
Planner Larsen explained
A recent as-built
In an effort to simplify the sale and financing of the properties, Ryan has asked
the City to release the Proof of Parking Agreements.
release of the Proof of Parking Agreements.
exceeds current parking requirements.
complaints of parking shortages.
be able to legally require the construction of parking in excess of current
ordinance requirements.
Staff would support the
The development as constructed
Staff has not observed or received
In addition, it appears that the City would not
Planner Larsen advised that the request was considered by the Community
Development and Planning Commission at its meeting of August 30, 1989, and the
Commission unanimously recommended release of the Proof of Parking Agreements.
Member Smith introduced the following resolutions and moved their adoption:
WHEREAS, Ryan Construction Company of Minnesota, Inc., a Minnesota corporation
("Owner"), and the City of Edina, a Minnesota municipal corporation ("City"), have
entered into an Agreement (Conditions to Parking Variance) dated the 24th day of
December, 1980, and filed as Document No. 4615750 in the Office of Registrar of
Titles, Hennepin County, Minnesota; and
VHEREBS, the Agreement encumbered the real propeay legally described therein,
known as One Corporate Center Phase 5; and
WHEREAS, the Owner of the subject property has petitioned the City of Edina to
release the encumbrance of said Agreement;
WHEREAS, the City hereby agrees to remove the encumbrance of said Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that the Mayor and
Manager are hereby authorized and directed to execute a document releasing the
instrument described herein as Conditions to Parking Variance for One Corporate
Center Phase 5.
UHEREAS, Ryan Construction Company of Minnesota, Inc., a Minnesota corporation
(Wwnern). and the City of Edina, a Minnesota municipal corporation ("City"), have
enter into an AGreement (Conditions to Parking Variance) dated the 20th day of
October, 1981, and filed as Document No. 4680132 in the Office of Registrar of
Titles, Hennepin County, Minnesota; and
WHEREAS, the Agreement encumbered the real property legally described therein,
known as One Corporate Center Phase 6; and
WHEREAS, the Owner of the subject property has petitioned the City of Edina to
release the encumbrance of said Agreement;
WHEREAS, the City hereby agrees to remove the encumbrance of said Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Ed- City Council that the Mayor and
Manager are hereby authorized and directed to execute a document releasing the
instrument described herein as Conditions to Parking Variance for One Corporate
Center Phase 6.
Motion for adoption of the resolutions was seconded by Member Paulus.
RESOLUTION
aeS0LUTION
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Resolutions adopted.
I
9/18/89 It- 53
*HEARING DATE OF 10/2/89 SET FOR PLANNING HATTERS
Paulus and vas seconded by Member Rice setting October 2, 1989 as hearing date for
the following Planning matters:
1) Amendment to Final Development Plan, Edinborough - Hawthorn Edina, Inc. -
Generally located north and east of Edinborough Way and west of York Avenue.
2) -Amendment to Ordbance No. 825 - To Add a Hotel as a Permitted Use in the
MDD-5 District.
Motion was made by Member
Motion carried on rollcall vote, four ayes.
*VACATION GRANTED FOR SCRIVW ROAD RIGHT OF WAY - LOTS 1 AND 2. BLOCK 1. HPLBND
ACRES - (5101 SCRIVER ROAD1 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 right of way for Scriver
Road. No public comment or objection was heard.
Motion vas made by Member Paulus and was seconded by Member Rice for adoption of
the following resolution:
RESOLUTION VACATING
EASEMENT FOR STREET PURPOSES
WHEREAS, a resolution of the City Council, adopted the 21st day of August, 1989,
fixed a date for a public hearing on a proposed vacation of a portion of Scriver
Road right of way;
WHEREAS, two weeks‘ published and posted notice of said hearing was given and the
hearing was held on the 18th day of September, 1989, at which 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 street vacation be made; and
WHEREAS, the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to which the
vacation affects the authority of any person, corporation, or municipality owning
or controlling electric, cable television or telephone 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 street
or portion thereof vacated to maintain, repair, replace, remove, or otherwise
attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the folloving described portion of street right of way be ’
and is hereby vacated effective as of September 19, 1989:
That part of SCRIVW ROAD lying northerly of the following described line:
Beginning at the southwest corner of Lot 1, Block 1, HPLBND ACRES,
according to the recorded plat thereof; thence North 88 degrees 38
minutes 15 seconds East along the south line of said Lot 1 and its ,
easterly extension a distance of 51.67 feet; thence 67.92 feet along a
curve concave to the southwest having a radius of 64.43 feet and a
central angle of 60 degrees 23 minutes 45 seconds, to a point on the
southwesterly line of Lot 2, said Block 1, distant 31.04 feet
northwesterly from the most southerly corner of said Lot 2 and said
line there terminating.
The City of Edina reserves in favor of itself a utility easement within said
described vacated street right of way for the maintenance, replacement, repair and
removal of, and for otherwise attending to, underground storm sewer as deemed
necessary by the City of Edina.
The 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 with the County Recorder in accordance with Minnesota Statutes, Section
412.851.
Motion carried on rollcall vote, four ayes.
CONCERNS OF RESIDENTS AT 6509 AND 6517 INDIAN HILTS ROAD HEARD REGARDING
ASSESSMENT FOR TREE TRIMMING IMPROVEMENT NO. TT-89 Greg Buck stated that he was
54 9/18/89
appearing for Gordon and Clarette Peterson, 6517 Indian Hills Road and also for
Donald and Mary Buck,' 6509 Indian Hills Road regarding their proposed assessment
for Tree Trimming Improvement No. TT-89 heard earlier in the meeting.
that he had arrived after that assessment was approved.
Mayor Pro-Tem Kelly asked the Park and Recreation Director to contact these
residents to identify the tree trimming that was done and to determine the
assessment against their properties.
I He said
BO= AND MACHINERY INSURANCE BID AWARDED Member Smith said that he had asked
that the award for boiler and machinery insurance be removed from the consent
agenda because he was concerned that only one quotation had been received.
suggested that the City would receive a broader base of bids if all insurance for
the City were bid together on an annual basis.
He
Following some discussion, Member Smith made a motion to approve award of bid for
boiler and machinery insurance to sole bidder, Hartford Steam Boiler Insurance, at
$7,957.00. Motion was seconded by Member Paulus.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
*BID AWARDED FOR SNOW PLOW AND WING FOR LOADER Motion was made by Member Paulus
and vas seconded by Member Rice for award of bid for snow plow and wing for loader
to recommended low bidder, Mass Manufacturing & Sales, at $9,769.00.
Motion carried on rollcall vote, four ayes.
*BID AWARDED FOR SERVICE BODY FOR ELECTRICBL SERVICE TRUCK Motion was made by
Member Paulus and was seconded by Member IUce for award of bid for service body
for electrical service truck to recommended low bidder, Mass Manufacturing &
Sales, at $7,177.00.
Motion carried on rollcall vote, four ayes.
TRAFFIC SAFETY COMMITTEE MINUTES OF 9/12/89 APPROVED
of the following recommended action listed in Section A of the Traffic Safety
Committee Minutes of September 12, 1989:
1)
West 57th Street,
2)
69th Street to the parking lot entrance of Community Credit Building,
3) South, north of Sioux Trail, and on the north side of McCauley Trail West,
4) Boulevard, and that the crosswalk be enhanced at this location,
and to acknowledge Sections B and C of the Mhutes.
Motion for approval was seconded by Member Paulus.
Member Smith moved approval
To place "NO PARKING - BUS STOP" signs on the vest side of Xerxes Avenue at
To install "NO PARKING" signs on the west side of Xerxes Avenue south of Uest
To install "NO PARKING ANY TIME" signs on the vest side of McCauley Trail
To place "STOP" signs on Country Club Road at Moorland Avenue also at Edina
Ayes: Paulus, Smith, Kelly
Motion carried.
(Member Rice was absent for vote on the motion.)
STATUS REPORT GIVEN ON WHITE OAKS LOTS: PURCHASE AGREEMENT SI- Assistant
Manager Gordon Hughes said he was happy to report that the City has signed a
Purchase Agreement with Andron, Inc. in the amount of $40,000 for Lot 9, White
Oaks Second Addition and Lot 1, White Oaks Third Addition. Also, that pledges
totaling $20,000 have been presented from the White Oaks Improvement Association
and other area residents to meet the contingency requested by the City Council.
He said the closing on the property is scheduled for October 9, 1989.
Connor Schmid, 4711 Meadow Road, Secretary/Treasurer of the White Oaks Improvement
Association, spoke on behalf of 19 residents from the area who he said had felt
they would meet the goal for pledges and now have met it. He said they were
9/18/89 55
present to thank the members of the staff who had worked on this during the
various stages. They also wanted to express their appreciation and thanks to the
Council for its sensitivity, concern and forthright position in looking at the
many public and private issues that were raised concerning the property.
Memhar Smith asked who will own the property and how it is proposed to be
maintained.
and is to be left as it is now for open space.
be the conservation restrictions on some of the lots to the north.
Assistant Manager Hughes said it would be owned by the City of Edina
He said the only open issue would
I
Mr. Schmid commented that the representation was made to the people who
contributed that this was for the preservation of the marsh and that it would be a
permanent situation, that it would not be developed, e.g. municipal swimming pool
tennis court or playground.
by the residents of the area in the acquisition, he hoped the City would take
steps to see that that status was permanently maintained.
He said that, because there was a 50% participation
ANIMAL CONTROL POLICY ON RACCOONS DISCUSSED: CONCERNS VOICED REGARDING DEER:
DREHER LETTER REGARDING ORDINANCE NO. 312 <ANIMAL CONTROL) NOTED Raccoons - Chief
Craig Swanson stated that the current Edina Animal Control policy regarding
raccoons provides for active trapping and disposition of the animal when 1) it is
inside a home, 2) when it is determined to be sick or injured, or 3) when it is
involved in bites. In other cases, homeowners are advised of steps they can take
to deal with raccoons.
He explained that the rationale for this policy comes from both a legal and
workload basis.
animals that are doing damage. The City could apply for a permit from the
Department of Natural Resources (DNR) allowing for transport and destruction of
raccoons for residents. The City of Minnetonka has recently done this with the
expectation of increased raccoon complaints.
policy to that of Edina.
State law allows that only a homeowner can remove protected
Many other cities have a similar
Secondly, the resources necessary to deal with even the number of current calls is
beyond present allocations. Traps, persons to set and monitor them, and the time
necessary to dispose of the animals would be a significant change in service
level.
Lastly, many people consider raccoons a part of urban wildlife that should not be
tampered with.
If it were to change to a more aggressive trapping program, the current animal
control emphasis on dog and cat protection would be eroded.
Chief Swanson recommended that the current policy be maintained.
Mayor Pro-tem Kelly asked if the Minnetonka residents are assessed for this
service and if Edina could charge for this type of service.
did not think they were; however, the City of Minnetonka has set a limit of three
animals per household annually that they will trap.
the City could establish a charge for the service.
Manager Rosland commented, if the Council decided to do active trapping, that the
best approach would be to manage the program through the Police Department but
then contract with professional trappers for times when needed the most.
Member Paulus said that, unless we are getting a flood of calls about raccoons, she would support the present policy - that the more goverment is kept out of
things it is more positive than government intervention.
Chief Swanson said he
’
Attorney Erickson said that
Member Rice said he concurred but that we should keep looking at this. He said
9/18/89 56
he believed that the DNR has taken away the protected status for raccoons in
Hennepin County.
helpful as he had been concerned about bites, which were reported at less than 1%.
Jean Lowe, 6301 Loch Moor Drive, said she was basically present to discuss the
deer problem.
and that raccoons that have been trapped are released in the Braemar Park area.
She said they have to fend them off of their deck, their fighting awakens them,
bird feeders must be secured, etc.
to be seriously looked at and that active trapping should be done at least in
their area.
Also, the summation of raccoon related calls for service was
However, she said that they have an enormous problem with raccoons
Mrs. Lowe said she felt the City's policy has
Member Paulus responded that there is nothing to prevent the individual resident
from trapping raccoons or hiring someone to do that job.
surveyed, we would find that people along Minnehaha Creek have the same problem.
It becomes a philosophical question of who was here first, and if we want the
beauty of green landscaping the question is how far should the City go in
controlling wildlife. As to trapping in certain areas, she said she felt the
policy should apply over all and that it would be difficult to provide trapping in
a particular segment. Chief Swanson clarified that for the last ten years all
animals that have been trapped or caught have been released in the Minnesota River
Valley and not in the Braemar area.
Mayor Pro-Tem Kelly suggested that staff should report to the Council in the next
few months as to what is happening and how many calls the City is receiving
concerning raccoons.
approximately 50-60 calls per month and that was of concern to her.
Deer - Mayor Pro-Tem Kelly said she had received a call from Mrs. Margaret Good,
6308 Loch Moor Drive, concerning deer and had asked her to write a letter to the
City which was done. In response, some research material had been sent to her by
Assistant Manager Hughes. Over the years, Mrs. Jean Lowe, 6301 Loch Moor Drive,
has also spoken about the same issue.
If the City were
She said she was amazed that staff is receiving
Raymond Good, 6308 Loch Moor Drive, said that they have four concerns: 1) Property
damage, 2) Deer trail across back yard, 3) Emotional trauma of facing large
animals in the yard, and 4) Health hazard of Lyme disease. He said that, based on
their observations over the past 12 years that they have lived there, they had no
deer problem until the Braemar Park Golf Course expansion. Their conclusion is
that the deer have been chased out of the park through this construction, have
ended up in their back woods and they now have as many as seven deer in their back
yard within 50 feet from their deck. The deer are in their driveway when they
come home at night and they walk down the street in clusters.
that he felt it will not get better - they would like the problem to disappear but
they do not think it will.
their concerns.
Mr. Good concluded
He said they would appreciate the City addressing
Jean Lowe, 6301 Loch Moor Drive, said she has approached the Council before on the
deer problem and has also talked with the DNR and the Hennepin County Park system.
She said the deer herd is growing rapidly - three years ago she counted 12 in her
back yard. Anything
they want to grow in their yard they have to mask with chicken wire.
lost three trees and a lot of shrubs.
will be a catastrophe.
recreational complex in the Braemar area and this needs to be addressed.
are the host for the tick and will bring it in.
players and soccer players will be subject to exposure to the ticks which are
being found in grasses.
someone will be seriously injured.
must be addressed and the problem must also be worked on with Bloomington, Eden
Now they are spreading out and have crossed over the street.
They have
She said that when Lyme disease hits it
Mrs. Lowe pointed out that the City has its largest
The deer
She said that golfers, baseball
She also said that the deer will be hit by vehicles and
She concluded by saying that the resident herd
9/18/89 57
. Prairie, Hennepin County Park system and the DNR. She said one of the ways would
be for the Council to put pressure on the Hennepin County Park system and the DNR.
Larry Cerf, 6312 Loch Moor Drive, said that, basically, he liked deer and that
they were an amusement at first. However, he said they now have a six month old
daughter and they are concerned about the raccoons and deer.
concerned about doing yard work because of exposure to Lyme disease.
his brother killed a deer with his car by Braemar Park and he felt it is getting
to the point where something should be done.
He said he was also
Last year
I
Mayor Pro-Tem Kelly asked Manager Rosland to speak to the question of construction
at Braemar and its effect on the deer.
existed in Edina for a long time and that they move up and down the corridor to
Bredesen Park.
pattern, and that the deer move where there is food.
Manager Rosland said that a herd has
He said he believed that nothing at Braemar has changed that
Assistant Manager Hughes said that as the years go by natural habitat becomes less
and less and the deer are more apparent as they begin to encroach on other areas.
They are a very adaptable animal - similar to geese, ducks and raccoons - and
adapt very well to human population and thrive on food sources in back yards. He
said this is a multi-city problem and a multi-jurisdiction problem. Edina's deer
are part of a herd that extends down through Tierney Woods, Anderson Lakes Park,
Hyland Park Reserve and down to the Minnesota River Valley. Much of that river
valley is now part of a federal refuge and an attempt is being made to manage that
for animals that might be somewhat in conflict with deer such as waterfowl, etc.
They are trying to get certain types of vegetation started and have not been
successful because the deer eat it as fast as it starts to sprout.
interest at this point is controlling the deer herd in the Minnesota River Valley.
To that end, Assistant Manager Hughes said a task force has been established and
that a resident of Edina, Arden Aanestad, serves on that task force by virtue of
other affiliations.
Minnesota River Valley it will not extend up into Bloomington and the Hyland Park
Reserve and Anderson Lakes area which is the source of much of the deer that find
their way up across, 1-494 into Edina.
not spot deer in Edina.
herd.
and that some control measures are needed. Given that fact, it is difficult to
come up with control measures that will start to have an impact on the Edina
situation.
So the big
While a deer hunting season will be held this year in the
He said that deer counts made in 1988 did
Everyone agrees that there is a population problem with deer in this area
Since then 1989 counts show an increase of 20% in the
Assistant Manager Hughes pointed out that something the City can do is to adopt a
resolution and go on record with the Commissioner of the DNR, who is now an Edina
resident, and express our concern that we have asked to play a more active role in
the task force.
hunting season extend up into lands they control and probably the DNR does as
well.
coming to that same conclusion.
cities, e.g. Bloomington, Eden Prairie, Burnsville, etc., would be helpful. He
concluded by saying that there is no doubt that the deer are a problem - however,
the control measures are difficult to come up with.
He said the Hennepin Park Reserve would very much like to see a
Some of the cities like Bloomington and others may have difficulty in
Perhaps that sort of comment passed on to other
The Council Members then discussed various possible ways to address the deer
problem. These included considering some type of fence or barrier that could be
installed south of the residential areas that have the deer problem, concerned
residents initiating a "grass roots" letter writing campaign'to officials of the
DNR, Hennepin Park Reserve, etc., looking at an ordinance to prohibit feeding wild
life, establishing a task force of Edina residents to take the problem to the DNR
and press for some kind of control, and having the concerned residents work with
the existing task force.
5% 91 18/89
Manager Rosland saidhe felt that th
urban areas are being overrun with deer and that an open hunting or archery season
must be held each year in the Hyland Park Reserve and in the Minnesota River
Valley to control the deer from those sources.
Following further discussion, Manager Rosland commented that the Commissioner of
the DNR, Joseph Alexander, is now an Edina resident and that with the Council's
backing he would try to get an appointment with Commissioner Alexander to discuss
the best way to approach the problem.
would be a good idea. Member Smith commented that he still felt Edina should try
to become a part of the existing task force.
Council Members that they would support Manager Rosland's suggestion that he meet
with Commissioner Alexander and then report back to the Council on the outcome.
DNR has to come to the reality th t the
Mayor Pro-Tem Kelly said she felt that
It was informally agreed by the
Dreher Letter Concerning Ordinance No. 312 (Animal Control) - Mayor Pro-Tem Kelly
referred to the letter from Roger H. Dreher, 1 Spur Road, concerning citations for
violation of Ordinance No. 312, section 29j for having a dog which disturbed the
peace and quiet of someone.
wording of the ordinance to require the complaining party to notify the owner in
writing of the disturbance and disclose their name and address.
animal control officer should be required to disclose the name and address of the
complaining party on a warning of violation.
be required in either instance before a citation could be issued.
stated he believed such a change would encourage the complaining party and the
animal owner to discuss the situation and work out a solution.
need to become involved only if an effective solution were not achieved.
Mr. Dreher had also suggested that owners of previously licensed animals should be
notified by mail of the need to renew, with directions and necessary forms
enclosed to complete the process by mail.
Mr. Dreher had proposed that the Council amend the
Alternatively the
A reasonable waiting period should
Mr. Dreher
The police would
Manager Rosland said that it has been the policy of the City not to give out the
name of a complainant concerning a violation and that he believed the Data Privacy
Act precluded the release of the name.
problem usually cannot be resolved between neighbors.
Chief Craig Swanson was asked to explain the procedure for complaints concerning
barking dogs.
officer would respond to the scene, make an observation and issue a citation if
there was a violation.
owner on first complaint.
possible.
Data Privacy Act.
He also commented that this kind of
He explained that upon receiving a complaint the animal control
However, only a warning is generally given to the dog
He will also report back to the complainant if
Chief Swanson said that the complainant's name is protected under the
Following additional discussion on the suggestion made by Mr. Dreher regarding
mailing out renewal notices, Mayor Pro-Tem Kelly asked Chief Swanson to respond to
Mr. Dreher by letter advising him of the procedure followed and the interpretation
of the Data Privacy Act as to revealing names of complainants.
Council had discussed the suggestion concerning renewal notices and had felt it
would be costly and would not be effective.
Also that the
COUNCIL ENDORSES ETHNIC DINNER TO BE HELD 1/21/90
appearing on behalf of the Human Relations Commission and at the suggestion of
Mayor Richards to explain the Ethnic Dinner proposed to be held on January 21,
1990.
Mrs. Barman explained that as a step toward their goal of reaching out in order to
promote understanding of each other, the Commission would like to sponsor an
Ethnic Dinner to celebrate the diversity and cultural heritage within the Edina
community.
the City Council to endorse and co-sponsor the event.
Doris Barman, said she was
Mayor Richards had said he would support the project. I
The Commission will be asking the Edina School District to join with
If approved, Braemar
9/18/89 59
Clubhouse and Edinborough are both being considered as potential sites for the
celebration.
hosts.
Elected officials will be asked to join the Commission in serving as
Manager Rosland cautioned that foods served in a public setting could not be
brought in but must be prepared in a licensed kitchen.
committee work with the Health Department staff concerning the food arrangements.
He suggested that the
Member Rice made a motion that the Council endorse and approve the Human Relations
Commission's Ethnic Dinner proposed to be held on January 21, 1990 and that the
Commission work with staff on the food arrangements.
Member Paulus who commented that she was endorsing this with the understanding
that the dinner would be public.
Motion was seconded by
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
JOINT POWERS AGREEXENT WITH BLOOMINGTON REGARDING MNNESOTA DRIVE APPROVED
Engineer Hoffman reviewed the history of the proposed joint powers agreement with
Bloomington regarding West 77th Street, now named Minnesota Drive.
that the roadway, which is a border street between Edina and Bloomington, was
constructed by the City of Bloomington in connection with the Homart project.
road construction also included installation of storm sewer for a total cost of
$800,000 for which Edina's share normally would have been one-half.
from Bloomington, Edina and National Car Rental developed a joint power's
agreement in which Edina would pay no portion of the cost of the roadway and
National Car Rental would agree to pay 23% of all costs, not to exceed $200,000.
The portion to be paid by National would be in the form of a special assessment to
be levied by the City of Edina and paid over a period of 10 years.
He recalled
The
In 1987 staff
However, National was unwilling to complete the negotiations at that time until a
determination was made on costs for construction of West 77 1/2 Street (link road
connecting Minnesota Drive with West 77th Street). Construction of the link road
was one of the requirements as part of the Indirect Source Permit from the PCA on
the Centennial Lakes project. National's position concerning the link road was
that, based on the joint powers agreement wherein they agreed to pay for a portion
of the costs of the construction of Minnesota Drive, the City of Edina would be
responsible for all costs associated with the construction of the link road.
National has strongly desired construction of this roadway in order to prevent the
use of their parking lot as a public thoroughfare thereby creating a traffic
hazard for their employees.
road will be to those properties to the west.
Also, National feels that the benefit of the link
Engineer Hoffman pointed out that if the City did not use state aid funding and
were to assess National for construction of the link road it would result in an
assessment of $16,160.00 based on $40.00 per lineal foot.
rear yard assessment and require only a one-third rate which would result in an
assessment of only $5,386.00 for National. Additionally, the construction would
render a triangle of land west of the new road (3,900 square feet) useless to
National.
However, it would be a
In summary, plans have been drawn for construction of the link road, most of the
necessary right of way has been obtained, and the City could exchange right of way
with National at no cost to one another. In order to proceed with construction of
the link road, staff would recommend that the Council approve the joint powers
agreement with the City of Bloomington and authorize the mayor and manager to sign
the agreement when completed.
Member Smith asked what the cost will be, if state aid funds are available to pay
for the link road, and why it is needed. Engineer Hoffman stated that the
proposed roadway is on the City's state aid system to be funded that way. Final
60 9/18/89
plans have not been submitted to the state for approval because of the delay in
executing the joint powers agreement.
is estimated at $700,000, which would include right of way costs. He said that
the primary reason for building the link road is that it is on the City's master
traffic plan.
Also, this is one of the four items the City was required to build to meet traffic
projections as part of the EIS on the Centennial Lakes project.
Member Paulus introduced the following resolution and moved adoption:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota. that it hereby
approves the Joint Powers Agreement (Agreement for Division of Cost of
Construction and Maintenance of Street and Storm Sewer) between the City of
Bloombgton and the City of Edina with regard to West 77th Street, known as
Minnesota Drive;
BE IT FWTHEB RESOLVED that the Mayor and Manager are authorized and directed to
execute said Joint Powers Agreement on behalf of the City of Edina.
Motion for adoption of the resolution was seconded by Member Smith.
Member Rice commented that he was in favor of the link road but that he felt
properties to the west and south would be benefitted tremendously. Engineer
Hoffman said that would be considered as part of the right of way negotiations.
Because of the soil conditions (peat), cost
.
RESOLUTION
Rollcall :
Ayes: Paulus, Rice, Smith
Nays: Kelly
Resolution adopted.
DECISION ON BEREETBWG LBWSUIT REPORTE3 Planner Craig Larsen reported that Judge
Montgomery has granted the City's motion for Summary Judgement and has dismissed
the lawsuit brought by the Berenbergs relating to their proposed subdivision.
this time it is not known if the decision will be appealed. He said if it is
appealed it will most likely happen within 30 days.
*CDBG THIRD PARTY FUNDING A-S APPROVED
and was seconded by Member Rice for adoption of the following resolution:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, that it hereby
approves CDGB Third Party Agreements between the City of Edina and the following
providers: South Hennepin Services Council for the H.O.M.E. Program, Greater
Minneapolis Day Care Association for daycare subsidies, and Independent School
District No. 273 for handicapped improvements to the Edina Community Center;
BE IT FURTHERRESOLVED that the Mayor and Manager are hereby authorized and
directed to execute said agreements on behalf of the City of Edina.
At
No action was taken.
Motion vas made by Member Paulus
Motion carried on rollcall vote, four ayes.
UPDATE GIVEN ON =VEL DFMAND MANAGEEENT ORDINANCE Planner Craig Larsen recalled
that the Council's 1989-1990 Work Program includes development of a Travel Demand
Management (TDM) ordinance and calls for a progress report in September.
Planner Larsen reported that the 1-494 Joint Powers Organization (JPO) has
initiated the process for developing a TDM Ordinance which would apply uniformly
to all communities in the 1-494 Corridor.
goals of the model ordinance and timetable for development of a model ordinance
which is scheduled to be presented to the five city councils in February of 1990.
ALISON FmaR SUPPORTED FOR NOMINATION TO CASH BOARD
said that she had been contacted by Alison Fuhr concerning her reappointment to
the-Community Action for Suburban Hennepin (CASH) as a representative from Edina
for the private sector.
supported the nomination of someone else.
He presented a list of the specific
Mayor Pro-Tem Kelly
South Hennepin Human Services Council (SHHSC) has already
Mayor Pro-Tem Kelly suggested that a
9/18/89 6 1.
letter on behalf
CASH Board.
Motion of Member I letter on behalf
the CASH Board.
AY~S : Paulus ,
Motion carried.
of the Council be sent in support of her reappointment to the
Smith was seconded by Member Rice directing staff to send a
of the Council in support of the reappointment of Alison Fuhr to
Rice, Smith, Kelly
RON CLARK LETTER REGARDING SINGLE FAMILY MORATORIUM DISCUSSED
referred to the letter dated August 31, 1989 from Ron Clark, Ron Clark
Construction, Inc., concerning the moratorium on single family subdivisions.
Mr. Clark has asked the City to terminate the moratorium by adopting regulations
deemed appropriate and necessary to control future single family subdivision, or
if further study is required, to consider the exemption of the Wooddale Montessori
Redevelopment based on the fact that this site proposal may be distinctly
different from others which precipitated the need for the moratorium.
Planner Larsen advised that the final draft ordinance was before the Community
Development and Planning Commission last month but the Commission did not act on
it.
be the final draft ordinance to the Planning Commission at its meeting on
September 17, 1989.
would be the second meeting in October and conceivably it could be acted upon at
that meeting.
when it will be sent to the Council Members as well as the Planning Commission.
Planner Larsen said he would not recommend that Wooddale Montessori Redevelopment
be exempted from the moratorium and that it should apply uniformly to all single
family subdivisions until there is a resolution to the draft ordinance.
Mayor Pro-Tem Kelly
Some minor changes have been made and staff will submit what they believe to
The proposed date that this would be heard by the Council
He said that the final draft should be ready by the end of the week
It was informally agreed by the Council Members to support the recommendation and
that Planner Larsen should respond to the letter advising Mr. Ryan of the
discussion held.
*PETITION FOR PJQWWXNT STREET SURFACING FOR LINCOLN DRIVE REF-D TO ENGINEERING
DEPARTMENT FOR PROCESSING
Member Rice to refer the petition dated September 7, 1989 for permanent street
surfacing and curb for Lincoln Drive to the Engineering Department for processing.
Motion vas made by Member Paulus and was seconded by
Motion carried on rollcall vote, four ayes.
SOLID FENCES IN FROTCL' YARDS DISCUSSED
discussion at the last meeting on the fence height variance, he felt that no solid
fences of any height should be allowed in the front yard. He said according to
the ordinance a fence up to 4 feet could be built and that he would not like to
see any solid fences in front yards.
Planning Commission. Member Paulus suggested that the Commission also consider if
it would be valuable to require a survey when applying for a permit before a fence
could be erected.
most fences.
Member Rice commented that, following the
He suggested that this be discussed by the
Planner Larsen pointed out that permits are not required for
CONCERN EXPRESSED ABOUT SPEEDING OF GARBAGE TRUCKS
observed garbage trucks who were apparently exceeding the speed limit.
felt these trucks were operating dangerously and asked that any citations issued
to those companies be taken into consideration when licenses are up for renewal.
QUESTION RAISED CONCERNING PARKING ON INTERLACHEN BOULEVARD 'Member Rice noted
that there have been many cars parked on both sides of Interlachen Boulevard by
people who are inspecting the one million dollar Parade of Homes house off
Interlachen Boulevard.
Member Rice said he had
He said he
He asked if this parking is allowed. Chief Swanson
62 9/18/89
responded that there are no parking
exception of fire hydrants and near
restrictions on Interlachen Boulevard with the
to comer locations.
LETTER TO BE SENT TO HOLIDAY STATIONS CONCERNING TAEKISCAPING
a letter had been sent to the Holiday Stations congratulating them on their
landscap&ng.
some type of award that could be given for commercial landscaping.
asked that in the meantime a letter be sent.
Member Rice asked if
Park Director Kojetin said he had discussed with the Garden Council
Member Rice
PROCESS FOR PROPOSED AMENDMENTS TO SUBDIVISION AND ZONING ORDINANCES DISCUSSED
Member Smith said that he was concerned about getting the draft amendments to the
Subdivision and Zoning Ordinances for single family subdivisions prior to the
public hearing so that he would have time to study and think about them. He also
said he felt they should be explained before the public hearing. Manager Rosland
cautioned that this be done at the hearing and said that the Council controls the
process and is not required to take action until they are comfortable with the
provisions of the proposed amendments. Member Rice said he would appreciate that
the draft amendments be marked to show the old and new language therein. Further,
because this is so important, he said the Council should take the needed time to
debate them and that no date should be promised as to when these may be adopted.
Manager Rosland observed that staff only advises the public as to the date of a
given public hearing and that any one is welcome to attend. Mayor Pro-Tem Kelly
mentioned that the people who have been following the single family subdivision
moratorium should be notified of the public hearing on the ordinance amendments.
CONCERN EXPRESSED OVER COUNCIL GETTING INTO ADHINIS!l!RATIVE HA!l!TERS Member Smith
said he was concerned over the Council's immediate reaction to concerns of
residents in areas of policy that staff presently is handling. He referred to the
report on the animal control policy on raccoons as an example. He suggested that
agenda items be the Mayor's decision or a consensus of the Council Members. Mayor
Pro-Tem Kelly said this was worthy of discussion but that she felt that everything
that anybody hears about should come before the Council.
I.E!l'TER OF CONGRATUIATIONS TO BE SENT TO ERIC HEDBLOH Mayor Pro-Tem Kelly
suggested that the Manager send a letter congratulating Eric Hedblom on his recent
marriage.
1990 BUDGET HEARING ON 10/2/89 DISCUSSED Manager Rosland reminded the Council
that, as required by the Truth in Taxation legislation, the City will be
publishing a quarter page notice in the Minneapolis Star Tribune this week
advising Edina citizens of a 1990 Budget Hearing on October 2, 1989.
will state that a proposed increase in property taxes for 1990 is to be considered
and will ask for public comment on the proposal.
It was informally agreed that this be done.
The notice
BROWNING-FERRIS LETTER ON POLITICS OF WASTE DISPOSAL DISTRIBUTED Mayor Pro-Tem
Kelly referred to a letter addressed to public officials in Minnesota regarding
The Politics of Waste Disposal and asked that copies be given to the other Council
Members who did not receive it. Copies were made and distributed.
APPOINTMENT TO COMMUNITY DEVELOPMENT & PLANNING COMMISSION TO BE HADE
Pro-Tem Kelly referred to the list of Community Development and Planning
Commission members and their terms of office which had been included in the
Council packet.
of individuals be submitted for him to consider to fill the current vacancy.
RESOLUTION RELATING TO G.O. TAX INCRlBENT REFUNDING BONDS: SEXIES 1989 CONTINUED
TO 10/2/89 Manager Rosland recommended that adoption of the Resolution Relating
to General Obligation Tax Increment Refunding Bonds, Series 1989 be continued to
the meeting of October 2, 1989 so that additional information could be provided.
Mayor
She reminded the Council that Mayor Richards has asked that names
I
91 18/89 ..
63
Motion of Member Paulus was seconded by Member Smith to continue adoption of the
Resolution Relatihg to General Obligation Tax Increment Refunding Bonds; Series
1989, to October 2, 1989.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
Mayor Pro-Tem Kelly suggested that this item be moved up on the agenda so that it
could be discussed earlier in the meeting.
suggestion.
The Council Members concurred with the
*CLAIMS PAID Motion was made by Member Paulus and was seconded by Member Rice to
approve payment of the following claims as per pre-list dated 9/18/89: General
Fund $955,506.81, CDBG $5,678.41, Communications $2,214.90, Art Center $5,676.21,
Capital Fund $445.00, Swimming Pool Fund $520.57, Golf Course Fund $37,051.18,
Recreation Center Fund $9,479.23, Gun Range Fund $369.34, Edinborough Park
$10,247.83, Utility Fund $23,433.79, Liquor Dispensary Fund $129,919.60,
Construction Fund $704,023.79, $1,884,566.66 and to confirm payment of the
following Claims dated 8-31-89: General Fund $162,488.57, Communications $23.38,
Art Center $1,054.49, Swimming Pool Fund $12,523.23, Golf Course Fund $27,430.61,
Recreation Center Fund $6,278.95, Gun Range Fund $429.33, Edinborough Park
$10,260.45, Utility Fund $43,419.60, Liquor Dispensary Fund $306,554.19, Total
$570,462.80.
Motion was carried on rollcall vote, four ayes.
Member Smith referred to the $100/month payment being made to retired police
officers.
and questioned if value was being received.
a contract made in approximately 1972 and recalled that the Council challenged
that shortly after he became manager.
concluded that the City was obligated to those provisions.
provide 10 hours of service for month.
provided include recruiting, putting up Neighbors Home Watch signs, consulting for
the crime fund, preparing scripts for television shows and researching featured
topics, etc. Manager Rosland said there is some frustration in following these
officers to provide the services. Chief Swanson made two observations: First,
that in the original negotiations this was conceived as a supplemental retirement
and was not perceived to be a work program. The officers had attempted to obtain
supplemental retirement benefits similar to the firemens' fund through the
legislature but were unsuccessful. This was to be an alternative to that.
Secondly, in the late 1970's with the police officer standard in training there
was a change in the definition of a police officer so that when these people
retire they really cannot do police work anymore.
continue to work with the program and revisit it often.
He said he understood this was part of a contract made some years ago
Manager Rosland explained that it was
After researching the contract it was
Chief Swanson said that the services
The officers are to
Chief Swanson said they
There being no further business on the Council Agenda, motion of Member Smith was
seconded by Member Paulus for adjournment.
Adjournment at 10:55 p.m.
Motion carried unanimously.
%A%/U
City Clerk