HomeMy WebLinkAbout19891016_regular84 10/16/89
KtNUTES
OF THE REGULAR MEETING OF THE
EDINh CITY COUNCIL HELD AT CITY €?AIL
OCTOBER 16, 1989
ROILCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
CONSEETT AGENDA ITEMS ADOPTED
Member Kelly 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.
*MINUTES OF THE REGULAR MEETING OF OCTOBER 2 AND SPECIAL MEETINGS OF AUGUST 8 AND
AUGUST 10. 1989 APPROVED
Member Kel-ly to approve the Council Minutes of the Regular Meeting of October 2,
and Special Meetings of August 8 and August 10, 1989.
Motion carried on rollcall vote, five ayes.
Motion was made by Member Smith and was seconded by
ADOPTION OF 1990 BUDGET CONTINUED TO 12/4/89
recommending that the 1990 Budget hearing be continued to December 4, 1989 because
the deadlines for certifying proposed levies and final levies have been moved to
later dates.
proposed 1990 Budget.
objecting to an increase in taxes was on file from Mrs. Laurence Weiss, 5918
Wooddale Avenue.
Mayor Richards stated that staff is
-
He asked if there was anyone present who wished to comment on the
It was noted that a letter No public comment was heard.
Motion was made by Member Rice to continue the hearing on the 1990 Budget to the
Council meeting of December 4, 1989. Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. ..
FIRST READING GRATCHD FOR ORDINANCE NO. 804 (REGUL&TING PLATS AND SUBDIVISIONS)
R-1 DISTRICT
file.
amendments to the subdivision and zoning ordinances.
Mayor Richards-stated that in December of 1988 the Council adopted an ordinance
imposing a moratorium on subdivisions in the Single Dwelling Unit District.
purpose was to allow the staff and legal counsel to research and make
recommendations to the Council to determine if any changes should be made to
procedures and criteria for approving single family subdivisions.
AND ORDINANCE NO. 825-830 (REQUIRMG LARGER MINIMUM LOT AREAS FOR CERTAIN LOTS IN
Affidavits of Notice were presented, approved and ordered placed on
Pursuant to due notice given, a public hearing was conducted on proposed
The
Planner Craig Larsen advised that notice was published in the Edina Sun-Current,
there was a general news story in the Edina Sun-Current last week about the
hearing and that notices were sent to neighborhood groups that are on record with
the City Clerk as well as to other residents who have expressed an interest in the
process.
After several months of deliberation the Community Development and Planning
Commission has recommended approval of a new Subdivision Ordinance (No. 804) and
amendments to the Zoning Ordinance No. 825.
began the process by reviewing recent subdivision proposals in the City, by
reviewing the requirements of other cities in the area, and by reviewing the
existing process and requirements.
The Planning Commission and staff
Planner Larsen presented the following summary of subdivisions proposals since
January 1, 1985:
Number of proposals considered: 25
10/16/89 85
Number of proposals approved: 21
Number of new lots: 85
Approximate average lot size approved:
Criteria considered by the Planning Commission
Range of lot sizes approved: 9,282 - 48,900 s.f.
21,076 s.f.
as determined from a review of minutes: - lot area, lot width, concept, frontage on a public street,
size and shape, density, character and symmetry of neighborhood,
steep slopes, setback from naturally occurring water bodies,
spacing and location of homes.
After reviewing this history it was determined: 1) That there is a need in this
community for a flexible system, one that recognizes the diversity of the
neighborhoods; 2) The process has produced good results and recently has sustained
court action; and 3) That it is now necessary to reflect those past practices in
ordinance form.
subdivisions with the flexibility to adapt to the many individual and diverse
neighborhoods in the City.
Planner Larsen said that the result is a proposed new subdivision ordinance (No.
804) and corresponding amendments to the Zoning Ordinance.
for approval by the Planning Commission at its September 27, 1989 meeting. He
observed that to staff's knowledge the product of this work is rather unique and
is based on a desire not for more uniformity or homogeneity in the community but to
be able to make decisions based on existing circumstances in neighborhoods.
There are three sections of Ordinance No. 804 which are considered key to the new
process :
The goal was to create a well-defined, consistent approach to
These were recommended
Definition of Neighborhood, Section 2 - The present ordinance does not define
neighborhood but neighborhood has been defined on a case by case basis.
made it difficult when talking to people about a proposed subdivision and in the
public hearing process. Ordinance No. 804 would define "neighborhood" as follows:
"All property wholly or partially within 350 feet of the perimeter of the proposed
plat or subdivision; provided, however, if the proposed plat or subdivision is a
replat, the neighborhood shall be (i) all property wholly or partially within 350
feet of the perimeter of the proposed plat or subdivision, and (ii) all property
within the original plat, and including any replats of the original plat then of
reeord or finally approved by the Council pursuant to this ordinance, and which
also is within 1,000 feet of the perimeter of the proposed plat or subdivision.
1f.the neighborhood encompasses only a part of a parcel, tract or lot, then the
whole of that parcel, tract or lot shall be deemed to be within the neighborhood."
That has
,
Guidelines for Evaluating Subdivisions. Section 14 - This is the heart of the
proposed ordinance and is comprised of three sections for evaluating all plats and
subdivisions. The first section addresses character and symmetry, consistency
with the Comprehensive Plan, environmental impact, and the adequacy of proposed
public improvements.
individual lots in the proposed plat.
median average lot area, lot width and lot depth of the defined neighborhood.
also requires a lot width to perimeter ratio of 0.1 or greater. The ratio is
equal to the lot width divided by the total perimeter distance of the lot.
ratio is a means of quantifying the shape of proposed lots.
rectangular lots score high, unusual shapes, especially neck lots, tend to score
low. The third section sets forth reasons which would require the Council to deny
a proposed plat.
the proposed plat must be denied unless the Council decides that a variance to
those requirements is warranted in the process.
The second section deals with the size and shape of
It requires that all lots meet or exceed the
It
The
Square and
If the Council makes any one or more of the defined findings,
Subdivision Requirements. Section 12 - Section 12 deals with the information
required for the submission of a preliminary plat. The first section sets forth
t-
10/16/89 .. 86
requirements for all subdivisions and are generally the same as present
requirements.
family subdivision.
neighborhood (as defined in Section 2) be submitted with the application for
preliminary plat.
proposal with the surrounding area.
Planner Larsen explained that the remaining sections of Ordinance No. 804 deal
with the technical, administrative and legal requirements for processing
subdivisions.
now be payable when the proponent picks up the signed plat.
The second section sets forth additional requirements for a single I It requires that the size and dimensions of all lots in the
This provides for a complete and accurate comparison of the
One change concerns payment of parkland dedication fees which would
Amendments to Ordinance No. 825 - The proposed amendments incorporate the
standards of the new Subdivision Ordinance into the single family section of the
Zoning Ordinance.
Subdivision Ordinance is-increased from 9,000 square feet to the median size
determined at the time of subdivision. The same is true for lot width and lot
depth .
The minimum lot size for lots approved pursuant to the new
Following the presentation, Mayor Richards called for public comment.
Bolen, 5207 Doncaster Way, said he was concerned because the proposed ordinance
does not address protective covenants which were made at the time of the original
plat. People who have bought homes have relied upon the fact that the original
plat provided for one house per lot and have expected that the area will be
maintained according to the original plan.
subdivide property in the R-1 District should be required to show evidence that
something has changed which justifies granting a change from that original plan.
Specifically, he referred to a lot in the Edina Highlands that was proposed for
subdivision prior to the moratorium.
Commission and Council needs the flexibility to adjust to the changing needs of
areas in the City, he was disturbed by the ordinance provisions as to character
and symmetry being so general without criteria to determine what was the original
character and symmetry of a particular area.
Michael
He said that anyone proposing to
He said that, although he felt the Planning
Mayor Richards asked Mr. Bolen if he had some specific proposals for the Council
to use to weigh and evaluate the ordinance proposals recommended by the staff and
the Planning Commission.
required to provide specific information as part of the application process as he
had presented at the Planning Commission meeting and as reflected in the minutes.
Also, he said there is nothing in the ordinance as to street frontage
requirements. Further, he said there is nothing under Sec. 14 (c) relating to
character and symmetry or necessity for change. Mr. Bolen concluded by saying
that some of the criteria is good and that he liked the definition of
neighborhood; however, he said he felt the ordinance was still lacking definite
criteria.
Mr. Bolen indicated that he felt the proponent should be
Conner Schmid, 4711 Meadow Road, commented that he appreciated the work Mr. Bolen
had done and that he recognized it is important to neighborhoods who do have some
special character and symmetry.
Ron Clark, 5716 Long Brake Trail, said that he had studied the proposed ordinance
and commended the City Planner and his consultants for the manner in which it is
drafted. He said it truly accomplishes what the Council set out to do, e.g. it
identifies what is a neighborhood and then determines what is a comparable or
median lot within that neighborhood.
small lot subdivisions which was the reason for looking at changing the ordinance.
Mr. Clark said that to add additional limitations would confuse the issue and
would practically prevent further developments within Edina.
This would provide a basis for considering
lo/ 16/89 , ..- ~ 87
Peter Beck, said he was representing Steven Utne of 5257 Lochloy Drive.
recalled that Mr. Utne has a pending application for a lot split which has been
held up by the moratorium pending the study of the ordinance.
proposed ordinance in general, he said they felt that the amendments as proposed
are unreasonable, unfair and unnecessary.
an incredible burden on the single family homeowner who seeks'to split his lot.
It would require the survey of many surrounding lots to obtain the square footage,
the mean average and median lot area, the mean average and median lot width and
depth.
most single family lot split situations.
Also, Mr. Beck said the amendments are unfair because they set up a system by
which there will be different lot area, width and depth requirements for similarly
situated properties in the same zoning district. Basically, what these amendment
would do is create a situation where the median size of existing lots becomes the
minimum size for new lots.
district.
He
With respect to the
They are unreasonable because they put
Mr. Beck said that requirement alone would be prohibitively expensive for
Lots sizes should be the same within the single family
Further, Mr. Beck said the amendments are unnecessary. He re-ferred to the staff
conclusion in the March 29, 1989 memorandum that "The end product of the existing
subdivision process has produced results reflecting sound community planning."
Mr. Beck said they believed that is true; that the existing subdivision and zoning
ordinances have worked well. The problems which staff sees these amendments
addressing are that the process has been difficult and that there has been some
uncertainty and controversy. With respect to the difficulty, the amendments will
be more difficult to apply and enforce.
uncertainty because in place of established minimum lot sizes and standards there
will in essence be a moving target. The minimum lot size will not be known until
the surveying is done and there will be disagreement in terms of accuracy, what
lots to include, etc.
controversy out the land use process.
With respect to the specific application of the amendments to Mr. Utne's situation ,
Mr; Beck said their preliminary analysis indicated automatic denial. The
amendments go quite a bit further than implementing a different process with
essentially the same requirements.
size would increase substantially and, in Mr. Utne's situation, to the point where
his 19,0OO_square foot lot if split would not meet the minimum although surrounded
by 9,000 square foot lots which are grandfathered in.
reiterating that they felt the current requirements are working fine.
They will also result in increased
He said that they felt it is impossible to legislate
Under the proposed amendments the minimum lot
Mr. Beck concluded by
Mayor Richards then called for discussion by the Council Members.
the amendments under consideration are a good work product with which to focus in
on the issues the Council has to deal with. Mayor Richards said he disagreed with
the language in Section 14 (c) which mandates denial if the Council makes any of
the findings listed therein. He said the Council should have the full authority
to do what is in the best interest of the community.
that the ordinance specifies five bases upon which the Council shall deny. The
first four are really in operation now, e.g. the Council has always looked upon
the Comprehensive Plan, the Zoning Ordinance, the health, safety and general
welfare of the public and also has been bound by state law.
subjective quantities in and of themselves. It is really based upon the judgement
of the Council as to whether these things apply - at least in many cases it is a
judgmental call.
Council will have to abide by. Finding (5) is new and does allow variances from
the specific requirements (median lot area, width and depth). Attorney Erickson
pointed out that the language for variances is in Sec. 5 and is a verbatim
statement of state statute.
criteria by giving the Council some leeway with the subjectivity of some of the
approaches to reach a conclusion.
He said that.
Attorney Erickson explained
He said those are
In some cases there will be very specific criteria that the
What the amendments do is balance the specific
He clarified that if the subdivision does not
101 16 I89 .. 88
meet the requirements it shall be denied unless the Council grants a variance in
which case the requirements would be met as varied which would be sufficient to
allow the subdivision to be approved.
Member Paulus referred to Sec. 10 (b)(2) concerning the preliminary approval
process. She suggested that when the sign is erected telling the public that the
property is proposed for subdivision that the proponent should send a letter to
the neighborhood explaining the proposal. As an alternative, the proponent could
be required to hold a neighborhood meeting.
would eliminate many of the questions and concerns that are brought up during the
public hearings. Further, the onus would be on the proponent to inform the
neighborhood rather than the neighborhood having to make the effort to get that
information.
Member Rice made reference to the requirements for lots in the Single Dwelling
Unit District and asked ff there has ever been requirements as to massing or
height for houses. Planner Larsen said there have been no requirements in the
R-1 District but that those issues have come up in a general way during the
process. Member Rice also referred to the comment made that the cost of providing
a survey of lots in the neighborhood would be prohibitive for the single lot
developer. Planner Larsen said that the cost implication is unknown and may be
substantial.
course of the public hearings and that this requirement would prevent the
information coming in piecemeal.
but would be the compiling of information by the proponent's registered land
surveyor.
She said this initial communication
-
He explained that a lot of these things have been requested over the
This would not be a physical surveying of lots
Mayor Richards then summarized the issues raised by the Council as follows:
1)
2)
3) 4) Mandatory language concerning findings.
Initial communication by proponent with impacted neighbors.
Requirements on massingfieight of building to be constructed.
Process for compiling correct data on neighborhood lots.
Planner Larsen suggested that it would be more appropriate to address the issue of
massingheight in the Zoning Ordinance and that staff would bring back some
options for the Council to consider as an issue separate from the subdivision
ordinance.
discussion thereon.
revisions to the ordinances that would address issues #1 and #3 above for Second
Reading together with an amendment to the Zoning Ordinance that would address the
massingfieight issue.
Member Smith then introduced Ordinance No. 804 and Ordinance No. 825430 for First
Reading as presented and on file in the office of the City Clerk.
seconded by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
First Reading granted.
There was brief public comment on the issues followed by Council
It was the consensus of the Council that staff bring back
Motion was
SIGN ORDINANCE AMENDMENT NO- 451-86 FOR HIXED DEVELOPJ!@X!C DISTRICT ADOPTED ON
SECOND REBDING
for the sign ordinance amendment at its October 2, 1989 meeting.
granted subject to the condition that the ordinance include a restriction on
signage facing residential portions of the development in MDD-5 District
(Edinborough) and MDD-6 District (Centennial Lakes). He advised that the
amendment language now provides for the restriction.
Member Smith made a motion for Second Reading and adoption of Ordinance No. 451-A6
as follows:
Planner Larsen observed that the Council had granted first reading
Approval was
ORDINANCE NO. 451-A6
10/16/89 89
AH ORDINANCE AMENDING ORDINANCE NO. 451
BY ADDING REGULATIONS FOR
MIXED DEVELOPMENT DISTRICT
THE CITY COUNCIL OF THE CITP OF ED=, KIXRESOTA, ORDAINS:
by adding the following:
Section 1. Section 5, paragraph (h)(l) of Ordinance No. 451 is hereby amended
One sign per development not to exceed 1000 square
For developments with more than one street frontage,
(d) HDD-6 District:
feet in area.
one additional sign per street frontage provided each additional
sign does not exceed 70 square feet in area.
Sec. 2. Section 5, paragraph (h) is hereby amended by adding the following
subparagraphs:
(10) Project Identification Signs in M1D-6 District:
sign for each project per street frontage.
freestanding sign shall not exceed 50 square feet.
Retail Signs:
building wall shall not exceed 15% of total area of that wall. No
signs shall be placed on walls of buildings used for
non-residential purposes which walls directly face, abut or adjoin
a public park or residential use as such parks or uses are shown on
the finally approved Overall Development Plan.
Suites Hotels:
One freestanding
The total area of a
The total area of all wall signs affixed to a
Wall Signs:
building shall not exceed 15% of the total area of that
wall.
for non-residential purposes which walls directly face,
abut or adjoin a public park or residential use as such
parks or uses are shown on the finally approved Overall
Development Plan.
Free-standing Signs:
building per street frontage.
free-standing sign for a building having one street
frontage shall not exceed 100 square feet. Where a
building has two or more street frontages, additional
permitted free-standing signs shall not exceed 50 square
feet in area. The maximum height of free-standing signs
shall be 25 feet.
The total area of all wall signs affixed to a
No signs shall be placed on walls of buildings used
One free standing sign for each
The total area of a
Sec. 3, Section 2 of Ordinance No. 451.i~ hereby amended by adding the
following definition: . (bb) "Project" in the Mixed'Development District means a multi-family
residential complex containing 10 or more units, a shopping center or area,
theatre complex containing five or more screens, an office building complex
containing three or more buildings, or a public institutional or recreational use.
. Sec. 4. This ordinance shall be in full force and effect upon its passage and
publication.
ATTEST : L A
.
P
Mayor . "/n&A% LLL YW
City Clerk
Motion for adoption of the ordinance was seconded by Member Kelly.
Warren Beck, representing Centennial Lakes Plaza (retail development) , stated that
he agreed with the concern about signage that would front park and residential
areas and would support the ordinance restriction as proposed.
record, they envision for some areas in Centennial Lakes Plaza in the future the.
opportunity to use signage which would fit and enhance that area.
would be difficult today to describe what that signage might be or the
circumstances.
restaurants and where a bookstore currently is placed.
He said, for the
However, it
He referred to the area around the pavilion where they anticipate
There may be the
90 10/16/89
opportunity for signage that may enhance that area and also enhance the
utilization of the retail development from the park area.
that they may be back at some point.in the future asking for consideration of such
signage.
He concluded by saying
Member Rice asked for confirmation that there would be no signage on the north
side of the Hawthorn Suites Hotel and also what size sign would be on the south
side.
hotel.
area.
Planner Larsen stated that no signage is proposed for the north side of the
Mayor Richards then called for rollcall vote on the motion.
Proposed signage for the south side would be less than 6% of the wall
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
FIRST REBDING GRBNTED FOR ZONING ORDINANCE AMENDHENT NO. 8254-32 (TO AILOW -ATE
CLUBS IN PC-1 DISTRICT)
non-profit clubs are allowed in the PC-2 and PC-3 Commercial Districts. The
proposed amendment would allow private clubs in the PC-1 Commercial District but
would restrict the size to not exceed 2,500 square feet of gross floor area. In
the PC-2 and PC-3 District the size of clubs is not limited. The limitation
proposed in the PC-1 District would be consistent with the limitation placed on
other uses such as bakeries and clothing stores.
Planner Larsen explained that currently private
The proposed amendment would allow the Edina American Legion to relocate from the
Grandview area to the Cahill-Amundson shopping area.
lease in the Biltmore Building.
potentially impact two other PC-1 Districts in the City, e.g. Valley Viewflooddale
and 44th/France.
The Legion has lost its
Planner Larsen said the amendment would
Mayor Richards asked if this would carry with it the ability for a liquor or beer
license at those locations. Planner Larsen observed that the Legion currently has
an on-sale beer license.
protect against the possibility in the future that they would grow to be a typical
American Legion Club with a bar, restaurant, and catered parties.
Member Paulus introduced Ordinance No. 825432 for First Reading as presented and
on file in the office of the City Clerk.
Member- Kelly. -,
The restriction for gross floor area was included to
,
- Motion for First Reading was seconded by
Ayes: Kelly, Paulus, Rice, Smith, Richards
First Reading granted.
*BID AWARDED FOR STORM SEWER IMPROVEMENT NO. STS-196 (GROVE STREETI Motion was
made by Member Smith and was seconded by Member Kelly for award of bid for Storm
Sever Improvement No. STS-196 (Grove Street) to recommended low bidder, 0 & P
Contracting, Inc., at $30,278.50, and to reject all bids for Storm Sewer
Improvement Nos. STS-195, STS-199 and STS-200.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR CONCRETE SIDEWALK IMPROVEMENT NOS. S-43. S-44. S-46 Motion was
made by Member Smith and was seconded by Member Kelly for award of bid for
Sidewalk Improvement No. S-43 (Gleason Rd-Dewey Hill to Schey); Sidewalk
Improvement No. S-44 (Gleason Rd-Schey to Loch Moor) and Sidewalk Improvement No.
S-46 (Xerxes Av-W. 60th to W. 62nd) to recommended low bidder, Victor Carlson &
Sons, Inc., at $91,253.50.
Motion carried on rollcall vote, five ayes.
*AWARD OF BID FOR (1) DRY ELECTROSTATIC TRANSFER COPIER CONTINUED TO 11/6/89
Motion was made by Member Smith and was seconded by Member Kelly to continue award
of bid for (1) dry electrostatic transfer copier to November 6, 1989.
Motion carried on rollcall vote, five ayes.
+.
-r 10/ 16/89 91
*BID AWARDED FOR REPLACEMENT ROOF FOR BRAEMAR CLUB HOUSE
Member Smith and was seconded by Member Kelly for award of bid for replacement
roof for Braemar Club House to recommended low bidder, Curran V. Nielsen Company,
Inc., at $21,900.00.
Motion was made by
I Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR HYDRAlKtC JUMMELt AmACRMENT Motion was made by Member Smith and
was seconded by Member Kelly for award of bid for a hydzaulic hammer attachment to
recommended low bidder, Hayden Murphy Equipment Company, at $12,950.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR TREE REPLACEMENT - BRAEMAR GOLF COURSE Motion was made by Member
Smith and was seconded by Member Kelly for award of bid for tree replacement at
Braemar Golf Course t'o recommended low bidder, Landscape & Turf, at $9,500.00.
Motion carried on rollcall vote, five ayes.
TRAFFIC SAFETY COMMITTEE MINUTES OF OCTOBER 10. 1989 APPROVED Member Smith moved
approval of the following recommended action listed in Section A of the Traffic
Safety Committee Minutes of October 10, 1989:
1)
east side of the middle aisle of the lower level in Jerry's Parking Ramp,
2) on speed and volume warrants,
and to acknovledge Sections B and C of the Minutes.
Motion for approval was seconded by Member Kelly.
To remove the restriction of three-hour parking from the southern Val1 and
Installation of a 3-way "STOP" sign at West 70th Street and Tracy Avenue based
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
ACTION ON PARK BOARD RECOMMENDATION CONCERNING GOLF LEAGUES CONTINUED TO 11/20/89
Park/Recreation Director Bob Kojetin advised that the Park Board at their meeting
of October 10, 1989, revisited the Braemar golf league policies which had been
recommended by the Board and approved by the Council on November 2, 1987.
Specifically, the policies reviewed were: 1) All golf league members must be
residents; present non-residents may continue through 1989, and 2) Beginning with
1990, all league members are limited to only one league or division.
The Park Board voted to: 1) Reconfirm that at the end of this year individuals can
belong to only one league, plus participating in the couple's league, and 2) That
the 1987 policy concerning residency be revised to grandfather in non-residents
that are currently in league play.with no limitation as to number of years.
Director Kojetin stated that numerous letters had been received from league
members and residents which were included in the packets sent to the Board prior
to their meeting and were included in the Council packets. Since the Park Board
meeting many additional letters have been received in response to the Board's
action which have also been included in the Council packets.
Eleanore Compton, 7520 Cahill Road, reiterated the comments made in her letter
dated October 12, 198,9 asking that non-residents be allowed to stay in leagues and
that members in dual leagues be permitted to maintain the present status. She
said that there are only 48 women who are in two leagues which equates to 12 tee
off times out of 2,240 tee off times per week. Attrition would take care of any
future needs.
Sylvia Eisler, 5905 Chowen Avenue, said the Braemar Women's Golf Leagues disagree
with the recommendations of the Park Board and are asking that those who currently
have dual membership and non-resident status be permitted to continue "as is".
She said they would rather not be placed in two divisions, e.g. non-residents who
can stay and those residents with dual memberships who must give up one league.
She said this would create strong feelings and would split the leagues down the
lo/ 16 / 89 92
middle.
provide room for all and that future attrition will bring the memberships down to
the requested levels. Mrs. Eisler mentioned that since 1987 they have decreased
the 9-hole women's groups from 60 to 48.
up the Braemar Golf Course from 6:OO to 6:54 a.m. to give residents the chance to
go out and play 18 holes of golf before they went to work in the morning. She
concluded by saying that, as indicated in some of the letters, they are asking
that non-residents and those with dual membership not be asked to leave now.
John Vallerie, Braemar Manager, explained how this all started. He said he had an
extremely long waiting list for the Braemar Men's Club, approximately 185 in 1986.
Some men were approaching him to say they had to wait 3 to 5 years to get into the
two men's leagues. In order to address this it was suggested that they could only
be in one league.
the rule must be applicable to both genders.
They firmly believe that the future addition of the 9-hole course will
They did this willingly in order to open
The ensuing issue of the women's leagues came up and they said
Member Kelly asked Mr. Vallerie if the new 9-hole course will alleviate the
problem.
set aside for league play.
9-hole course, then obviously not as much open time would be gained to meet the
growing demands from the residents.
growing by 100/150 per year; as that public resident use grows it creates a
situation where they cannot get on the course.
balance time for league play versus open play.
Member Paulus asked if the one league restriction applied to the men's leagues;
how many people are denied tee times and how many cannot get into leagues.
Mr. Vallerie said the one league restriction would apply equally to men's and
women's leagues.
be accommodated for open play. .Approximately 185 men are waiting to get into the
men's leagues.
Member Paulus asked if those waiting to get into leagues were in the 55+ age
group.. Mr. Vallerie said that was correct.
be making Braemar Golf Course a recreation facility for a certain age group that
would prohibit a younger age group from growing up to take the place of those now
in leagues when they will no longer be participating. Mr. Vallerie said that one
step to address that concern was that he had approached the Park Board and they
had approved the intent that new members in the men's leagues would under the age
of 40.
holders from electing to play during open tee times.
Ruth Wherry, 6105 Beard Avenue South, said that as she understood it there are
only 50 women who belong to two leagues.
plus in the couple's league that would leave out those women like herself who is
widowed.
Mr. Vallerie said it will help but the question will be how much time to
If the league play percentage is expanded for the new
He said the number of patron card holders is '
It becomes an issue of trying to
On an average day in summer 225/250 individuals per day cannot
Some of the women's leagues have waiting lists and some do not.
Member Paulus asked if the City would
-
He added that in no way would the policies deny residents who are patron
If they were allowed to play in a league
Member Rice commented that the impact of allowing non-residents to remain is very
small and the impact of participation in two leagues is even less and will be
smaller in 1991 when the new nine hole course is opened.
would be to grandfather in those, both men and women, who are in two leagues today
but not allow anyone else to join two leagues.
Mayor Richards asked that if the Council decides to maintain the status quo would
it not in effect keep the waiting list for the Braemar Men's Club at approximately
150/165 people for the 1990 golf season. Mr. Vallerie said the men's waiting list
would change very slightly if left at the status quo but will improve greatly if
the Council approves the one league policy as it will mean the immediate reduction
of approximately 40 golfers.
He said his position
101 16/89 93
Member Paulus.commented that there were no representatives from the Braemar Men's
Club present and asked if they are in favor of the one league policy.
Mr. Vallerie said the comments he has heard are that many are in favor of the one
league policy and think that is a fair way to approach it but there are also those
that are contrary.
Mayor Richards observed that there is an argument that can be made that those who
supported the golf course facility are those who should be given consideration.
He said he recognized that the City of Edina has to stand behind the payment of
the bonds on the golf course.
there has not been any moneys taken out of the City's coffers to support that
facility.
that he would be concerned that the Council adopt a view that in effect would work
as a dissidence to t&ose individuals who have supported that facility all those
years.
non-residents to useathe facility just as residents use other golfing facilities
in the larger community.
we look at what would happen if we preserve the status quo for one more year or in
effect rescind the action that was taken in 1987 and then revisit the issue after
the nine hole course is open.
However, since the construction of the facility
Those who have truly supported it financially have been the users and
Mayor Richards said there may well come a day when we would want
He said that, if it is the consensus of the Council,
Member Rice said he concurred with Mayor Richards' position with the understanding
that the National Car Rental and Hennepin County leagues will not be playing at
Braemar in 1990.
Member Smith suggested that we leave the status quo by rescinding the 1987 action
and see what happens when the new nine hole course is opened in 1991 and revisit
the issue at that time.
After lengthy discussion by the Council Members, Mayor Richards suggested that
this matter be continued to November 20 so that everyone could be heard and with
the understanding that staff would bring back a specific proposal in response to
the discussion by the Council for action at that time.
Motion was made by Member Rice to continue the matter concerning golf league
policies to the meeting of November 20. Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
REPORT GIVEN ON PURCHASE OF' WHITE OAKS LOTS
reported that the City closed on the purchase of Lot 9, White Oaks Second Addition
and Lot 1, White Oaks Third Addition on October 10, 1989. The closing occurred
after the City received half of the required purchase price from residents in the
White Oaks area.
Assistant Manager Gordon Hughes
Mayor Richards said that he had talked during the recess with several members of
the White Oaks Improvement Association who would like the Council to adopt a
statement of intent or declaration, as requested in their letter of September 19,
1989, that would recognize the permanancy of the natural condition of the White
Oaks lots.
back at the next meeting to discuss their request.
to understand their appreciation for action in acquiring the lots.
Member Smith made a motion to direct 'staff to draft a resolution that vould be
recordable restricting the property to its present condition.
by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
They said if there was any problem with that they would like to come
They also wanted the Council
Motion was seconded
94 10/16/89
WATER AND SEWER RAm INCREASES APPROVED
had discussed proposed fees and charges for 1990 at the October 2, 1989 meeting.
Staff had recommended that the water and sewer rates be increased due to higher
sewage treatment costs with the increase weighted towards the water rate side for
several reasons. Following discussion the majority of the Council Members were
not in favor of the recommendation and asked that a modified proposal be.brought
back that would reflect proportionally the increased costs to the City for sewer
and water.
Manager Ro land recalled that the Council
I
Following further research, Finance Director Wallin would propose the following:
Current Rates Proposed .Rates 8 Increase
Water . $ .40 per 100 cu ft $ .42 per 100 cu ft 5%
Charge 27.10 for 1st 1800 27.10 for 1st 1600 0%
Storm Sewer 5.00 per quarter 5.00 per quarter 0%
Sewer 1.15 per 100 cu ft 1.30 per 100 cu ft 13%
Minimuin
cu ft cu ft
Finance Director Wallin said the increases would be as of January 1, 1990 and
would take effect with the billings for the winter quarter (February).
Member Kelly questioned why the water/sewer rates for comparative cities are
higher that those charged by Edina.
Bloomington, Eden Prairie and Richfield have additional costs for softening their
water while Edina does not.
Engineer Hoffman explained that the cities of
Member Smith questioned the 5% increase in proposed water rates following the
increase approved by the Council last fall. Engineer Hoffman explained that we
are starting to pay on the new water tower and well. Director Wallin said that
last year's increases were basically just to pay off the bond proceeds used for
the construction of the new water tower and well. The 5% increase in water
currently being proposed is for inflated NSP charges as well as inflation of costs
for repairs on the water system.
approximately $60,000 more revenue and is needed to break even on the water
portion of the utility fund.
Member-Kelly moved approval of the proposed increases in water and sewer rates as
presented, effective January 1, 1990. Motion was seconded by Member Rice.
Walter-Sandison, 4612 W. 58th Street, stated his objection to the proposed
increases for water and sewer.
The water rate increase would equate to
Ayes: Kelly, Paulus, Rice, Richards
Nays: Smith
Motion carried.
APPOINTHEKC MADE TO COMMUNITY DEVELOPMENT AND PUNNING COMMISSION
stated that he would recommend Charles S. Ingwalson, 4612 Arden Avenue, for
appointment to the Community Development and Planning Commission.
Member Smith made a motion for consent of the Mayor's appointment of Charles S.
Ingwalson to the Community Development and Planning Commission to fill an
unexpired term to February 1, 1990. Motion was seconded by Member Kelly.
Mayor Richards
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
WFF-SALE BEXR LICENSE APPROVED FOR THE COUNTRY STORE AT 6775 YORK AVENUE SOUTH
Motion was made by Member Smith and was seconded by Member Kelly to approve
issuance of an off-sale 3.2 beer license to the Country Store located at 6775 Pork
Avenue' South.
Motion carried on rollcall vote, five ayes.
10/16/89 95
*1990 LABORATORY SERVICE AGREEMJBIT WITH HENPJEPRJ COm3Tp APPROVED Motion was made
by Member Smith and was seconded by Member Kelly for adoption of the following
resolution:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota. that it hereby
authorizes and directs the Mayor and Manager to execute, on behalf of the City,
the Environmental Health Services Agreement between the County of Hennepin and the
City of Edina, for the period of January 1, 1990 through December 31, 1990, to
enable Hennepin County to purchase laboratory support services through the Edina
Tri-City Laboratory.
Motion adopted on rollcall vote, five ayes.
RESOLUTION
.
WEMPORARY ON-SALE LIOUOR LICENSE APPROVED FOR TBE EDIHA FOUNDATION (EDINAWITE)
Motion vas made by Member Smith and was seconded by Member Kelly to approve
issuance of a temporary on-sale liquor license to The Edina Foundation for
EDINBMTE (Dynamite Jazz '89) to be held on November 18, 1989.
Motion carried on rollcall vote, five ayes.
*JEARING DATE OF 11/06/89 SET FOR BEER LICEElSE FEES
Smith and was seconded by Member Kelly setting November 6, 1989 as hearing date to
consider an increase in beer license fees.
Motion was made by Member
Motion carried on rollcall vote, five ayes.
CENTENNIAL LAKES PHASE IV DISCUSSED Mayor Richards made reference to a letter
from L.A. Laukka Development Company dated October 11, 1989 advising that they
have been unable to achieve enough Centennial Lakes Phase IV presales in the
semi-luxury condominium building to proceed.
would like to initiate construction of the fourth building yet this year and
propose that it be an elevator building - same as Phase 111.
Executive Director Hughes said that resolutions for conveyance of Phase IV would
be brought to the HRA on November 6, 1989. He said no formal action is required
at this time.
AIM POLICIES AND LEGISLATIVE PROPOSAIS FOR 1990 NOTED
the AMM Policies and Legislative Proposals for 1990, noting that the Board of
Directors will be meeting in about ten days to review and consider these.
General Membership meeting to consider and approve these policies will be held on
Thursday evening, November 2, 1989.
Mr. Laukka had stated that they
-
Manager Rosland referred to
The
Manager Rosland stated that, generally speaking, there is nothing in the proposed
policies with which the Council would have a strong disagreement and that a number
of the policies have been carried over from last year.
SAFETY OF PEDESTRIAN BRIDGE OVER CROSSTOWN HIGEWAY QUESTIONED
if anyone is responsible for checking the safety of the pedestrian Bridge over the
Crosstown Highway.
ending of the Fourth of July Fireworks when that bridge is packed with people. He
asked that this be checked out.
Member Rice asked
He said a resident had raised this question in regard to the
ROBBINSDALE CODE REGARDING PROPERTY -CE NOTED Member Rice referred to a
newspaper article concerning the City of Robbinsd&&sproposed code regarding
property maintenance. He said this subject has been of concern to him.
POSSIBILITY OF CURBSIDE LEAF PICKUP DISCUSSED Member Rice said a resident had
written him a note asking why Edina does not have curbside leaf pickup, e.g. have
residents rake leaves to curb, have them swept up and avoid all the plastic bags,
etc. Manager Rosland said the City had tried this many years ago and found it to
be a very expensive process.
of that procedure because of the cost.
The City of Roseville has done it but has gotten out
10116 189 96
SAFETY ISSUE RAISED CONDG T.H. 100 EXIT AT BENTON Member Rice said
that he felt the something was lacking at the T.H. 100 exit onto Benton Avenue.
He mentioned that the sight lines are poor and that traffic coming down Benton is
traveling fast and do not stop. He suggested that the Traffic Safety Committee
review and comment on that situation.
PEES QUESTIONED FOR IABORATORY SERVICES PROVIDED TO HE"EPIN COUHTP Member Kelly
asked if the fees the City is charging for providing laboratory services to
Hennepin County are adequate or if they should be increased.
EFFECT OF BLOOKCNGTON'S !XYIZNE ORDINANCE ON ED= OUESTIONED
reference to the newspaper article concerning Bloomington's proposed skyline
ordinance that would limit the height of buildings that would be constructed
adjacent to residential property and asked if that would have any effect on Edina.
Manager Rosland said he did not have an answer but would have staff look at this.
Member Kelly made
WSCC MINUTES TO BE DISTRIBUTZLD TO COUNCIL Member Smith commented that he is the
Council representative to the Southwest Suburban Cable Commission and that he
would like to have the Council Members receive copies of the Commission's minutes
on an ongoing basis. He said the Commission is sponsoring a member news program
that will cost approximately $115,000 over the next year and that cities' staffs
are enthused about it. He said he would feel more comfortable if the Council had
those minutes so that they would be aware of what is going on.
TRAFFIC SAFETY COlMJYTIE MINUTES DISCUSSED
to see more background information included in the Traffic Safety Committee
Minutes to better understand the requests brought to the Committee and the
*
Member Smith said that he would like
. recommendations made in response.
BOARD OF EDUCATION STRATEGIC PLANNING SESSION RESCHEDULED Member Paulus informed
the Council that the Board of Education Strategic Planning Session has been
rescheduled for November 5, 6, 7 and 8.
REPORTGIVW ON GRANDVIEW GmTERYmTIl?G Mayor Richards reported that the City
Manager and he had met with Harry Lindberry to discuss the concerns that had been
raised by the neighbors at the August 7, 1989 Council Meeting with regard to the
Grandview Cemetery property.
Mayor Richards 'said that Mr. Lindberry had stated that he was relocating his
trucking business to the Chaska/Chanhassen area but that he was not specific as to
when he would get final approval from the municipality involved.
owns approximately 70 acres, 35 of which are cemetery now.
needed he sells it to the cemetery association. The long range intent is that all
70 acres will be fully developed as a cemetery some day.
would continue to communicate with the City and in turn he mentioned two issues in
which he felt the City was less than a good citizen: 1) Dumping on the southwest
corner of the Lindberry property, and 2) Erosion as a result of storm water
runoff.
Mayor Richards indicated that Manager Rosland will write a short memorandum on the
meeting with Mr. Lindberry and will send that to the neighbors so that they will
know what is being done ea address their concerns.
- -
Mr. Lindberry
When more land is
Mr. Lindberry said he
Manager Rosland will be working with staff to respond to those concerns.
COUNCIL REQUESTED TO SPONSOR FUNCTION TO BE AUCTIONED AT EDINAKCTE ON 11/18/89
Mayor Richards stated that the request had been made that the Council consider
sponsoring a function that could be auctioned at the EDINAMITE benefit on November
18, 1989 as has been done in the past.
Following discussion, it was agreed to'respond by saying that the Council wants to
do something and they are looking for a new activity. Further, that any
10/ 16/89 97
suggestions will be welcomed and that something specific will be decided on
November 6.
SALE AND DEVELOPMENT OF FORMER CAHII;L SCHOOL PROPERTY DISCUSSED
commented that apparently there is a proposal for sale and development of the
former Cahill School property owned by Marsh Everson. As part of that, there is
an issue as to what can or should be done with regard to the area at W. 70th and
Cahill Road that is zoned Heritage Preservation Overlay District (HPD) and on
which sits the historic St. Patrick's church building.
Mayor Richards I
Mayor Richards said that he had met with Ron Clark, the developer, at his request
concerning that issue. Following that discussion, Mayor Richards said he thought
that, before this proposal for development is brought to the Council, they should
schedule a sp'ecial meeting with the Heritage Preservation Board to focus on the
historical and other facts and to hear what the alternatives might be in dealing
with 'that site.
After brief discussion, it was informally agreed that Manager Rosland should
contact Foster Dunwiddie and the Heritage Preservation Board as to possible dates
for a special meeting with the Council, and that the date would be determined at
the meeting of November 6.
BEST WISHES EXTENDED TO WIC HEDBMM ON NEW POSITION
that this would be the last Council meeting covered by Eric Hedblom, Edina
Sun-Current reporter, who had accepted a new position.
covering the Council meetings Eric has been diligent, honest and has reported the
facts as he saw them. On behalf of the Council, Mayor Richards thanked him for
his fair reporting and wished him the best of luck in his new career in
environmental consulting.
Mayor Richards announced
He commented that in
SEMI[-AUTOHATIC 9BM PISTOL TO BE DIDIONSTRATED BY POLICE DEPARTMENT
recalled that this year the Police Department has converted from the six-shot .
revolver to the semi-automatic 9mm pistol.
invitation of the Police Department to a demonstration of the new issued sidearm
to be held on Monday, October 23 at 4 p.m. at the Braemar Gun Range.
Manager Rosland
He 'extended to the Council the
PARK h RECREATION DIRECTOR KOJETIN TO BE ENSHRINED IN MINNESOTA SOFTBAIL HALL OF
FAME Manager Rosland announced that Robert Kojetin, Park & Recreation Director,
will be enshrined in the Minnesota Softball Hall of Fame on Saturday night,
October 28.
*RESOLUTIONS ADOPTED CANCELLING LEVY FOR 1990 ON $5.400.000 G.O. IMPROVIBEXT
BONDS, SERIES 1984 AND ON $2.200.000 G.O. REDEVEU)PMENT BONDS Motion was made by
Member Smith and was seconded by Member Kelly for adoption for the following
resolutions:
RESOLUTION CANCELLING AD VUW TAXES
COLLECTIBLE WITB 1990 GENERAL PROPERTY TAXES LEVIED
FOR $5.400.000 GENERAL OBLIGATION IHPROVF2ENT BONDS. SERIES 1984 m, the City Council of the City of Edina has, by resolution adopted
September 10, 1984, levied a special ad valorem tax for the payment of principal
and interest of its General Obligation Improvement Bonds, Series 1984; said ad
valorem tax in the amount of $422,000 being collectible with and as a part of
other general taxes for the year 1990; and
WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for said
bond issue; and it has been determined by this Council that the required moneys
are on hand for the payment of said principal and interest;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those
ad valorem tax levies made by resolution of this Council adopted September 10,
10/16/89 98 ..
1984, and collectible with and as a part of other general property taxes in said
City for the year 1990, be and hereby are cancelled; and
BE IT F"R!I!HER RESOLVED that the County Auditor of Hennepin County, Minnesota, be
authorized and directed to cancel the above described ad valorem tax levies and to
delete said levies from taxes to be spread for the year 1990.
,'
RESOUPTION CANCEIJJXG AD VALOREM TAXES
COLTXCTIBLE FTITB 1990 GENERAL PROPEBTP TAXES LEVIED
FOR $2.200.000 GENERAL OBLIGATION REDEVELOPHE" BONDS
WHEREAS, the City Council of the Ciw of Edina has, by resolution adopted November
3, 1975, levied a special ad valorem tax for the payment of principal and interest
of its $2,200,000 General Obligation Redevelopment Bonds, said ad valorem tax in
the am-t of $270,800 being collectible with and as a part of other general taxes
for the year 1990; and
WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said
levies providing moneys are on hand for payment of principal and interest for said
bond issue; and it has been determined by this Council that the required moneys
are on hand for the payment of said principal and interest;
NOW, TBEBEFORE, BE IT RESOLVED by the City Council of the City of Edina that those
ad valorem tax levies made by resolution of this Council adopted November 3, 1975,
and collectible with and as a pe of other general property taxes in said City
for the year 1990, be and hereby are cancelled; and
BE 33 FuaTHEaRESOLVED that the County Auditor of Hennepin County, Wnnesota, be
authorized and directed to cancel the above described ad valorem tax levies and to
delete said levies fromtaxes to be spread for the year 1990.
'
Resolutions adopted on rollcall vote; five ayes.
*CLAIMS PAID Motion was made by Member Smith and vas seconded by Member Kelly to
approve payment of the folloving claims as per pre-list dated 10/16/89: General
Fund $240,253.94, C.D.B.G. $6,211.00, Art Center $11,232.03, Capital Fund $153.40,
Swimming Pool Fund $102.76, Golf Course Fund $20,132.95, Recreation Center Fund
$7,005.49, Gun Range Fund $300.62, Edinborough Park $9,464.48, Utility Fuad
$20,304.17, Storm Sever Utility $2,084.62, Liquor Dispensary Fund $113,424.97,
Construction Fund $809,593.06, Total $1,240,263.49.
I
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 11:27 p.m.