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HomeMy WebLinkAbout19891120_regularMN[JTES OF TIIE REGUIAR MEETING OF !CHE EDINB CITY COUNCIL HELD AT CITY J3AI.L NOVEXBER 20, 1989 127 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. AWARD PRESENTED TO BRAEMAR GOLF COURSE FOR ANNIJAL MINNESOTA GOLF TOURNAMENT FOR PHYSICAILY DISABLED Kenny Institute and Rick Miller, Production Administrator at Honeywell, presented an award plaque to Braemar Golf Course in appreciation of their support and promotion of the Annual Minnesota Golf Tournament for the Physically Disabled from 1982 thru 1989. John Vallerie, Golf Course Manager, received the plaque on behalf of Braemar Golf Course. Susan Hagel, Director of Therapetic Recreation at Sister Ms. Hagel explained that the league for the physically disabled has been playing at Braemar since the summer of 1980 when Mr. Vallerie responded to their needs and started the program. The league now has between 30 and 40 golfers. Division became involved and provided publicity and volunteers for the tournaments. disabled golfers participating. course. Mr. Miller said that being involved has meant a lot, to him personally, and to the Honeywell volunteers and they have come away with a strong feeling of interaction. a delight to work with Ms. Hagel and the golfers and that this tournament is different in that the people involved are actually participants. and the Council Members added their commendation of Mr. Vallerie for the excellent job he has done in managing Braemar Golf Course. EDINA HIGH SCHOOL GIRLS' TENNIS TEAM COMMENDED resolution of commendation to the Edina High School 1989-90 Girls' Tennis Team for recent accomplishments in conference and section play and in winning the State Championship. In the beginning there were about six individuals involved. Honeywell Underseas Systems The 7th Annual Golf Tournament was held on August 11 with 58 The winning score was an 86 on the 18-hole On behalf of Braemar management, Mr. Vallerie said that it has been Manager Rosland Mayor Richards presented a The resolution was unanimously adopted. CONSENT AGENDA ITEMS ADOPTED Member Kelly to approve and adopt the consent agenda items as presented with the exception of the removal of item V1.B - Revolving Entrance Door - Golf Dome. Motion was made by Member Smith and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. SECOND READING FOR ORDINANCE NO. 804 (REGULATING PLATS AND SUBDIVISIONS) AND DISTRICT) CONTINUED TO 12/4/89 Mayor Richards acknowledged a letter dated November 20, 1989 addressed to the Council from Peter K. Beck, Larkin, Hoffman, written on behalf of Steven Utne, owner of property located at 5257 Lochloy Drive (Lot 6, Block 1, Edina Highlands) relating to proposed Ordinance No. 804 and related Zoning Ordinance amendments. Planner Craig Larsen stated that this is a continuation of the public hearing on the adoption of a new subdivision ordinance (No. 804) and related amendment to the Zoning Ordinance (No. 825-A30). The proposed ordinance has been amended to reflect changes made by the Council in the following areas: ORDINANCE NO. 825-A30 (REQUIRING MINIMUM LOT AREAS FOR CERTAIN LOTS IN R-1 1. 2. The definition of neighborhood has been changed to reflect the definition The ordinance has been revised to require the proponent to certify both considered by the Council at its November 6, 1989 meeting. the posting of the sign and mailed notice to the neighborhood before the application is accepted for processing. The ordinance continues to contain the "shall deny" language in 3. 111 20 /89 128 Section 14. consider" language. a copy of the letter from Mr. Beck. respond, staff would request that the hearing be continued to December 4. Larsen asked for direction on which language the Council would prefer for Section 14. Member Smith asked if the revised neighborhood definition would include all lots within 350 feet from a proposed subdivision. However, included for the Council's consideration is alternate "shall In order to review that letter completely and Planner Planner Larsen said that the Planning Department did receive Planner Larsen said it would. Member Rice questioned the reason for including the telephone number of the applicant on the sign for the proposed subdivision. by calling the applicant the information given may differ from what City staff perceived. Planner Larsen said that, traditionally, the phone number of the applicant has been included and has not caused problems. neighborhood want to know what is going on; also some people are looking to purchase lots and they can then contact the developer directly. Mayor Richards suggested that the Council discuss and arrive at a consensus on the issues so that staff could bring back the final draft ordinance on December 4 and also respond to Mr. Beck's letter. He said his concern was that People in the He then called for public comment. Michael Bolen, 5207 Doncaster Way, stated his concerns regarding the definition of neighborhood. and also for purposes of character and symmetry. should be taken into consideration as many large lots have steep slopes. requested a copy of the Beck letter. He suggested that neighborhood be defined for purposes of notice He pointed out that topography He I The Council Members then discussed the following issues: Definition of Neighborhood - Member Smith said that after comparing the two draft definitions of neighborhood he was uncomfortable with the reduction to within 350 feet. within 1,000 feet to 350 feet. that were developed by one developer and that other areas were developed by individuals on various lot sizes making it hard to define neighborhood. the Council should have the ability to make that decision. explained that this was a different approach to neighborhood that would approximate the same area but would remove it from the plat. theoretically, you could end up with vastly different standards for lots that are side by side; the plat would be the factor that would cause that to happen. With the new definition proximity to the property proposed for platting would be used. With either the "shall deny" or "shall consider" language in Section 14 the Council would have the ability to vary from the ordinance requirements on a case by case basis. Mayor Richards commented that the existing ordinance has worked well and that it is the Council's obligation to define neighborhood. retaining that discretion rather than using an artificial lineal distance. suggested that the neighborhood definition of within 350 feet be tied to the notice requirements and that he would prefer to rely on the definition of character and symmetry of the neighborhood as has been practiced in the past. Member Kelly asked for the rationale for reducing the neighborhood from She commented that there are areas in the City She said Planner Larsen In some cases, He said he would support He Attorney Erickson said that the intent of the proposed ordinance was to eliminate the issue of what is the neighborhood which issue has been debated and litigated. By defining the neighborhood, e.g. all lots which abut the proposed subdivision and are within 350 feet, that issue would be resolved. adequate area with which to blend the new subdivision into the existing lot sizes so as not to have an anomaly which is a question of proper economic and orderly land development within the City. It would provide an The purpose is to not have a large disparity of 11/20/89 129 lots side by side. provide the basis for all judgements on size of lot areas. Attorney Erickson pointed out. that the ordinance further states that the Council may consider among other matters the character and symmetry and impact on the neighborhood. The issue of the "shall deny" or "shall consider" language addresses basic elements in connection with denial, e.g. compliance with the Comprehensive Plan, the Zoning Ordinance, health, safety or general welfare of the Planner Larsen added that the definition of neighborhood would I public, requirements of state law. Member Smith asked for the logic of going from the original draft language (within 1,000 feet) to the revised language (within 350 feet). Attorney Erickson said it was the question of initial burden for the applicant. The 1,000 foot perimeter would include a lot of properties that would have to be analyzed. consideration would be that it would not impact those properties at 1,000 feet. By including all properties within 350 feet from properties abutting the proposed subdivision staff felt it would be adequate for purposes of giving notice and getting input as to the neighborhood. It would also provide an adequate area to arrive at median lot size numbers to preclude disparities in lot size. A second Member Smith made a motion that the definition of neighborhood include all lots which abut the proposed subdivision and that are within 1,000 feet of any part of such lots. Motion was seconded by Member Kelly. Mayor Richards commented that he did not think it was possible to define the neighborhood without hearing all the facts and that he felt the process worked before. not work as well as what was in existence when the hue and cry went up that character and symmetry was not a good standard. ordinance provision as to neighborhood for notice purposes only but that the human element of judgement by the Council should be part of the process in making decisions on subdivisions. Members Paulus and Kelly concurred that the objective was a well planned community and thatlthe Council should retain the ability to look at each case by itself. Member Rice asked why the existing ordinance language was considered not adequate. Planner Larsen said that in the existing ordinance there was no definition of neighborhood and it was determined on a case by case basis. explained that in some past cases the developers argued that if they met the ordinance standards for lots they were entitled to subdivision approval. present standards for lots are: minimum lot width of 75 feet, minimum lot depth of 120 feet, minimum lot area of 9,000 square feet. minimum standards are met a developer is entitled to plat approval. The Council's position was to look at the neighborhood when considering a proposal for a small lot which met the standards but was in an area of large lots. Staff had hoped to establish some criteria to address that in a meaningful way, e.g. the size of the lot depends upon where it fits within a concise definition of neighborhood. proposed ordinance would provide a firm legal backing to deny small lots in a large lot plat. Ayes: Kelly, Paulus, Smith, Richards Nays: Rice Motion carried. What we are attempting to do by a concise definition of neighborhood will He said he would support the I Attorney Erickson The Case law has stated that if the The Member Smith then called the motion on the floor. Certification of Posting of Sign - and Mailed Notice - Member Smith made a motion to approve the revised language to require the proponent to certify both the posting of the sign and mailed notice to the neighborhood before the application is accepted for processing. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. 130 11/20/89 "Shall deny'' or "Shall Consider" Language - Member Smith made a motion that the the Section 14(c) language be revised to read "shall specifically and especially consider". I Motion was seconded by Member Paulus. Ayes: Paulus, Rice, Smith, Richards Nays: Kelly Motion carried. Mayor Richards then called for public comment not heard previously. Michael Bolen said that the language in Section 1 - Purpose and Objectives was too broad and would include the ability for a property owner to make maximum profit on his land. Mayor Richards requested that the City Attorney make written response to the Beck letter and distribute a copy to Mr. Bolen and Mr. Utne no later than a week from today. Peter Beck, Larkin Hoffman, stated that the comments in his letter have been made before. He asked the Council to discuss issue No. 3 in the letter that the proposed ordinances would place unreasonable burdens on single family homeowners. By increasing the neighborhood definition to include lots within 1,000 feet there would be large numbers of properties that would have to be analyzed to determine the minimum size lot requirements for a lot split. He proposed that the City undertake to tell the property owner what his minimum lot requirements are. Richards responded that the Council had already taken that into consideration. Mayor Motion was made by Member Smith to continue the public hearing on Ordinance No. 804 (Regulating Plats and Subdivisions) and Ordinance No. 825-1930 (Requiring Increased Setbacks) to December 4, 1989. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. ORDINANCE NO. 825-A33 (REQUIRING INCREASED SIDEYARD SETBACKS FOR LOTS IN R-1 DISTRICT) REFERRED TO STAFF ordered placed on file. Planner Larsen stated that this is the first public hearing on the proposed amendment to the Zoning Ordinance which specifically addresses sideyard setbacks and indirectly would impact the massing of houses on lots in the R-1 DistrZct over 85 feet in width. Affidavits of Notice were presented, approved and Planner Larsen reviewed the current requirements and the two alternatives that were considered by the Planning Commission at their meeting of November 1, 1989 as follows : Front Side Interior Rear Current Street Street Side Yard Yard Single Dwelling Unit 30 15 10 25 buildings on lots 75 feet or more in width Attached garage 5 Single Dwelling Unit 30 15 5 25 buildings on lots less than 75 feet in width Alternative 1 buildings and attached garages on lots 100 feet in width or more Single Dwelling Unit 30 20 10 35 Alternative 2 Interior Side Yard Setbacks: On lots having a lot width of 85 feet or more the minimum interior sideyard 1 11 20 I89 131 setback shall be increased by one foot for each five feet, or portion thereof, that the lot width exceeds 85 feet. All minimum interior sideyard setbacks are increased 1/2 foot for each foot the building height exceeds 15 feet. Planner Larsen stated that following the last meeting staff met with the Builders Association and several active local builders who are holders of vacant platted lots in the City. implications. Staff reviewed with them the proposed rules and possible Planner Larsen then responded to several questions that the Council had raised at the last meeting: 1) Impact of the proposed setbacks on lots in the corridor area (east of France Avenue and north of Crosstown Highway). 1,100 single family lots in the corridor. Of those only 14 lots (1%) would be subject to increased setbacks. 2) Background information on multiple standards for properties in the same zoning district and information on "grandfathering" non-conforming buildings and uses. In 1984, the minimum interior sideyard setback was reduced and the allowable lot coverage for smaller lots was increased. was done to reduce the number of variances that were routinely granted and to promote desirable investments on smaller lots, such as two car garages. A tiered approach to lot coverage in the Industrial District is also employed. Larsen said the best example of "grandfathering" is the treatment of non-conforming single family lots. Platted lots which are at least 50 feet wide and 100 feet deep are considered legal non-conforming lots. They may be developed or redeveloped without variances. The Zoning Ordinance also allows non-conforming uses to continue provided they do not expand, change or discontinue for a one-year period. There are approximately This Planner In conclusion, Planner Larsen said that following testimony from the builders and discussion by the Council he would request that the matter be referred back to staff for further research because of the implications of these standards on developed property and platted vacant lots. other approaches which should be examined. Staff believes that there may be Mayor Richards then called for comment from representatives of the builders and the public. been a builder in the area for some years. He presented a graphic illustrating how he would prefer to develop a lot that was 120 feet or wider in width. explained that, by designing the house with a side loading garage, the total front length would be 70 feet and would appear to be living area. of little importance to the mass of the house front. graphic represented the existing ordinance setback requirements under which he has built for many years and which has presented no negative factors. presented a graphic illustrating how the house would reconfigured if the proposed setback standards were applied. and there would be a disproportionate amount of garage facing the street. Instead of having wide combined sideyards as in the first example of 42 feet, the combined sideyards would be reduced to 29 feet with 36 feet of garage facing the street. The problem gets compounded on lots smaller in width and especially on pie-shaped lots. Mr. Durr then showed as an example the plat of Interlachen Heights which has irregular shaped lots and the effect the proposed setbacks would have on those lots. Mr. Durr explained that today everyone wants a three car garage and most everyone wants a lot of living space, whether they are retired people or family people. They tend to put a lot of money into their homes as they consider it a wise investment if they are building in a good area. From his experience, Mr. Durr said he did not see where the proposed increased setbacks would solve the appearance of massing, it might even work contrary. He said he and most builders are interested in doing their best for the community. You cannot legislate good taste, esthetics or plain good judgement; those things have to play a part along Kenneth Durr stated that he was a property owner in the City and has He The garage would be Mr. Durr said that the He then This would force the garage to be front loading 132 11/20/89 with ordinances. smaller or else some unusual things may have to be done with the roof lines which could be to the disadvantage of the appearance of project and of the whole street. Mr. Durr concluded his comments with the request that staff look for a different approach to address the issue of massing that would be more workable. Jeff Gustafson, local builder, said he also would like to see this referred back to staff. because they were planned with specific styles of houses in mind according to the current ordinance requirements. Increased sideyard setback would force the structure to be He urged the Council to consider grandfathering in lots already platted Following further discussion by the Council, Member Smith made a motion that the proposed ordinance concerning the issue of massing be referred back to staff for further research and that staff bring back a recommendation in 120 days. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *RESOLUTION ADOPTED REPROGRAMMING YEAR XIV CDBG FUNDS Motion was made by Member Smith and vas seconded by Member Kelly for adoption of the following resolution: BE IT RESOLVED that the Edina City Council does hereby request the following re-allocation of funds in Year XIV of the Community Development Block Grant Program: Existing: Budget Proposed Budpet RESOLITTION Assistance to Low Income Housing $ 19,186.00 -0- Architectural Barriers 102,948.00 $122,134.00 BE IT FURTHER RESOLVED that Edinborough Park be added to the Architectural Barriers project in Years XIV and XV of the Program. I Motion carried on rollcall vote, five ayes. PUBLIC HEBRING CONCLUDED ON VACATION OF OLD COUNTY ROAD RIGHT OF WAY (LEO EVANS PROPERTY): RESOLUTION ADOPTED APPROVING VACATION that the public hearing was continued from the meeting of November 6, 1989 so that City Attorney could review the request for vacation of "Old County Road" right of way on the Leo Evans property and bring back a recommendation. Attorney Erickson stated that the subject road is a non-existing road as far as the City of Edina is concerned and that he would recommend adoption of a resolution vacating any perceived interested therein. named as a defendant in the examiner's report for the proceeding to clear title to the property. Engineer Fran Hoffman recalled He explained that Hennepin County is the only one No further comment or objection was heard. Member Rice introduced the following resolution and moved its adoption, subject to payment of costs in the amount of $500.00 by the petitioner and signing of a stipulation by the City in the Torrens proceeding being brought by the property owner to register title of the property: WHERZAS, a resolution of the City Council, adopted the 2nd day of October, 1989, fixed a date for a public hearing on a proposed vacation of easement: for street purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 20th day of November, 1989, at which time a11 persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and VBEREBS, the Council has considered the extent to which the vacation affects existing easements vithin 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, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the RESOLUTION 11/20/89 133 proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described road right of way be and is hereby vacated effective as of November 23, 1989: The old road sometimes referenced as "the old County Road" or the "old Eden Prairie road" lying within the following described property: That part of the Southeast Quarter of the Northwest Quarter, Section 32, Township 117, Range 21, Hennepin County, Minnesota, described as follows: of EDINA HIGHLANDS LAKESIDE ADDITION distant 406.15 feet East along said northerly line from the west line of said Southeast Quarter of the Northwest Quarter, said northerly line is marked by Judicial landmarks set pursuant to Torrens Case No. 14146; thence North, parallel with the west line of said Southeast Quarter of the Northwest Quarter, 107.25 feet; thence West, parallel with said northerly line, 406.15 feet to said West line; thence North along said West line 144.86 feet, more or less, to the center line of County Road No. 158; thence northeasterly along said center line to the East line of said Southeast Quarter of the Northwest Quarter; thence South along said East line to the most northerly comer of EDINA HIGHLANDS LAKESIDE ADDITION; thence southwesterly and westerly along the northerly line of said addition, which line was determined in Torrens Case No. 14146, to the point of beginning. Except, however, that this vacation shall not include the existing right of way for County Road No. 158, also known as Vernon Avenue, or the existing right of way for Olinger Road. Beginning at a point on the northerly line Provided, however, that after due consideration, the Council has determined and hereby specifies that the foregoing vacation shall not affect, and there is hereby continued, reserved, and retained, any and all utility easements and authority of the City of Edina to enter upon the above vacated area to maintain, repair, replace, remove, or otherwise attend to, all of the pipes, mains, lines, and hydrants for water, sanitary sewer, or storm and drainage water, now in, on, or under the above vacated area. The 'City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, .Section 412 351. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *AWARD OF BID FOR COLLECTION OF GARBAGE/REPUSE FOR CITY PROPERTIES CONTINITED TO 12/4/89 Motion was made by Member Smith and was seconded by Member Kelly to continue award of bid for collection of garbage/refuse for City properties to December 4, 1989. Motion carried on rollcall vote, five ayes. BID AWARDED FOR REVOLVING ENTRANCE DOOR AT GOT3 DOME Member Rice commented that he had asked this matter to be removed from the consent agenda because he had misread the staff report. Motion was made by Member Rice and was seconded by Member Kelly for award of bid for replacement of the revolving entrance door at the Golf Dome to recommended low bidder, Planagan Sales, at $8,250.00. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. 11 / 20 /89 134 *BID AWARDED FOR EZERGENCY EXIT DOORS AT GOLF DOME Motion was made by Member Smith and vas seconded by Member Kelly for award of bid for emergency exit doors at the Golf Dome to recommended sole supplier, Flanagan Sales, at $14,800.00. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR ICE RINK RESURFACING UNIT vas seconded by Member Kelly for award of bid for an ice rink resurfacer to recommended low bidder, Becker and Associates, at $39,285.00. Motion vas made by Member Smith and Motion carried on rollcall vote, five ayes. *BID AWARDED FOR PRINTING OF PARK & RECREATION ACTIVITIES CALENDAR Motion was made by Member Smith and vas seconded by Member Kelly for avard of bid for printing of Park & Recreation Activities Calendar to recommended lov bidder, Sexton Printing, Inc., at $7,083.55. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR ART CENTER IMPRO- seconded by Member Kelly for award of bid for Edina Art Center improvement to recommended low bidder, Earl Lieikle & Sons, at $176,351.00. Motion vas made by Member Smith and vas Motion carried on rollcall vote, five ayes. REPORT PRESENTED ON SCHOOL BOARD STRATEGIC PLANNING RETREAT Mayor Richards stated that Member Paulus had represented the Council at the Edina School Board Strategic Planning Retreat held November 5-8. Member Paulus reported that the materials she had provided for the Council's information on the retreat represented the intent of the School District to make a great commitment to work with the community. She said she had reminded the individuals representing the Edina schools that the largest proportion of the real estate tax dollar goes to the School District and that the Council hears a great deal about what is happening to taxes. Member Paulus said that a great deal of concern was raised about the misuse of alcohol and illegal drugs by students. In discussing this the question was raised as to how many more dollars can be allocated to addressing the problem. discussion came back to the question of whether the adults in the community are condoning the use of alcohol/drugs by setting examples or helping to facilitate use by young people. City departments and agencies, e.g. City Council, Park and Recreation Department, Edina Human Relations Commission, Health Department and Police Department. Another issue that was identified was for more cultural diversity in the schools. It was felt that this need must be addressed across the community. I The For that reason the results of the retreat are being sent to The conclusion was that education is one of the important assets of the community and that we should take our resources, whether people or tax dollars, and combine efforts between the community and the schools because resources are extremely limited. Member Paulus suggested that the Council review the results material and make recommendations. other members of the community to work on the action teams. that there is a genuine commitment to try to change the system to make the schools become a active part of a continuing process. Also, because demographics are changing we must change our philosophy. She encouraged them to serve on an action team and to encourage Member Paulus said Member Paulus made a motion that the Council review and evaluate the data from the School Board Strategic Planning Retreat and make recommendations to the action teams. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Mayor Richards suggested that this matter be placed on the December 18, 1989 agenda for further discussion as to recommendations. 1-1 120 I89 135 TRAPPIC SAFETY CONHITTEE MINUTES OF 11/14/89 APPROVED of the following recommended action in the Traffic Safety Committee Minutes of November 14, 1989 identified as.Section A(1): 1) To deny "STOP" sign request, to install 25 MPH advisory signs for both directions of West 54th Street at Halifax and Oaklawn, to continue enforcement efforts, and to review the area in May of 1990. Motion was seconded by Member Rice. Mayor Richards called for comments from the audience concerning this item. LaFrance, 5357 Oaklawn Avenue, said that he was concerned about drivers exceeding the posted speed limits on Oaklawn Avenue and safety for pedestrian traffic. Mayor Richards then called the motion. Member Smith moved approval Dennis Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Kelly moved approval of the following recommended action in Section A of the Minutes: 2) To have the Engineering Department review Blake Road for placement of appropriate speed limit and advisory signing, and also that the Traffic Enforcement Unit be requested to conduct further enforcement efforts on Blake Road; 3) To install a "STOP" sign at the intersection of Indian Way West and McCauley Trail, as the warrants for definition of right of way are met; 4) To install a "STOP" sign at southbound Edinborough Way and West 76th Street, as warrants for definition of right of way are met; 5) To install "NO PARKING ANYTIME" signs on West 70th Street between Antrim Road and T.H. 100 at appropriate locations; 6) To deny the marked crosswalk at 7630 Bush Lake Road and to install pedestrian signing to alert drivers; and to acknowledge Sections B and C of the Minutes. Motion for approval was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PARK BOARD RECOMMENDATIONS APPROVED CONCERNING BRAEMAR GOLF LEAGUES Park & Recreation Director, recalled that the issue of Braemar Golf League policies was discussed by the Council on October 16, 1989 and the matter was continued so that input could be heard from all interested individuals. reviewed the recommendation of the Edina Park Board as follows: Bob Kojetin, He A) Motion to rescind all five of the following policies of the November 2, 1987 Council Meeting: 1) Residence - All golf league members must be residents of Edina. Present league members who are non-residents may continue as such through 1989. 2) Number of Leagues - Beginning with 1990, all league members are limited to play in only one league or division. 3) Number-s of Limitation - All league membership shall be capped at their present limitations. Any 9-hole women's morning league, presently capped at more than 48 members, shall through attrition reduce their membership total to 48. back nine. 4) Time Assignments - It may become necessary to adjust day of play and/or starting times to make a more effective course operation. 5) Reductions - Beginning 1990, the following leagues will be eliminated: National Car Rental, Hennepin County League and Singles League. This will facilitate the orderly play of the 18-hole golfers through the B) with no limitation as far as number of years until such time as they eliminate themselves through attrition. Motion to grandfather in all non-residents that are currently in league play 11/20 189 .. 136. C) Motion to begin the 1990 season by having all league members limited to playing only in one league or division with the exception that a league member may play in one league and also in one couples league. D) Motion to approve the three policies in (A) above concerning Numbers of Limitation, Time Assignments and Reductions. Mayor Richards then called for comments from the audience. that he is the current president of the Braemar Men's Club and referred to his letter dated November 13, 1989 in which he outlined the board's recommendation to the Council concerning the golf league policies. Charles Drees stated Diane Item, president of the Braemar Ladies Twilight League, observed that 11 of their 40 members are non-residents, and that nine of these were charter members with two joining seven years ago. They have held many offices and worked hard to keep the league going when there were not enough Edina women to fill the roster. The league has not allowed non-residents to join in the last five years and would like to see the non-residents members allowed to remain in the league. Tass von Schmidt-Pauli spoke in support of the recommendation of the Braemar Golf Association (BGA) which basically follows the Park Board's recommended motions B and C. He said this has also been discussed with individuals who are non-residents and golfers who do not play in leagues. He said the BGA understood that the first issue was to provide fair and equitable access to league play. In addressing that issue they believe their position as presented is fair and equitable and will open up league play. The second issue is one of commitment to those non-residents playing in the 18-hole league. allowing them to be grandfathered in with eventual elimination through attrition. Sylvia Eisler, 5905 Chowen Avenue, said she was a minority member of the BGA. She clarified that there are 40 non-residents in the morning women's leagues, 20 in the 18-hole league and 20 in the 9-hole leagues. There are 28 non-residents in the women's evening leagues; there are 89 on the executive course for a total of around 157. memberships be left as they are presently, e.g. allow non-residents to remain in the leagues of which they are now members and to allow dual league membership. She concluded her comments by urging that the issues be put behind us and that we go forward to support the Braemar Golf Course. John Vallerie, Golf Course Manager, stated that he must take a stand to allow equal access to the golf leagues. waiting lists exist, while others enjoy two or more reserved tee times a week, then these people are in protective status and it is not evenly distributed. Living in Edina longer, or having participated in golf leagues does not insure continued protected status. This is not to say that we do not appreciate past loyalties or business from these people. segment of the population that is now participating in golf and we must share the facility with greater numbers more equitably. future will only increase the burden. Lengthy discussion on the issues followed. for his recommendation as to action to be taken. Manager Vallerie said he would recommend motions identified as B and C in the recommendation by the Park Board. That will be addressed by I In summary, she said the minority of the BGA board has asked that the He said that equal access to him meant that if It does say that we have a larger He concluded by saying that the Member Smith asked Manager Vallerie Member Smith then made a motion to: 1) grandfather in all non-residents that are currently in league play with no limitation as far as number of years until such time as they eliminate themselves through attrition, and 2) to begin the 1990 season by having all league members limited to playing only in one league or division with the exception that a league member may play in one league and also in one cauples league. Motion was seconded by Member Kelly. 11/20/89 137 Ayes: Kelly, Paulus, Smith Nays: Rice, Richards Motion carried. 1-494 PROJECT UPDATE GIVEN involving 1-494 from 1-394 to the Minnesota River. include installation and operation of ramp meters on 1-494 in the Richfield, Edina and Bloomington areas. Next year additional ramp metering will occur in the western sections of 1-494 in the Eden Prairie and Minnetonka areas. Additionally, MNDOT will be resurfacing all of 1-494 from 1-394 to Cedar Avenue in 1990. Engineer Hoffman reported that the other major activity is the EIS being done for reconstruction of 1-494. 1989-1992. public hearing in mid-January. decisions reached regarding the scope of the Draft Environmental Impact Statement for 1-494. be covered in depth in the EIS. Engineer Hoffman gave an update on activities He said current activities He referred to the project schedule for the years The scoping document is prepared to present The scoping document has been completed and will be the subject of a The 65-page document identifies the alternatives and impact which will There has been some delay in the process due to the Hennepin County Regional Rail Authority's request that light rail transit be studied in the corridor. finally agreed that the light rail alternative would be studied only and if ridership projections could be produced that indicated it as a feasible alternative. members have indicated that any necessary funding should come from Hennepin County for this alternative. It was Funding for the study was not resolved as most of the 1-494 PMT Additionally, the 1-494 JPO (cities) are working on a model ordinance regarding travel demand management. The IMPROVE 494 group (private sector) is conducting a study on travel habits and patterns of employees in several demonstration areas. Member Paulus explained that the light rail alternative is a hot issue because the five communities have all paid money to prove that light rail will not work. RESOLUTION ADOPTED IN OPPOSITION TO HENNEPIN COUNTY PROPOSED RESOLUTION REGARDING COMPOST I: SITES Janet Chandler, Recycling Coordinator, explained that the Hennepin County Board of Commissioners by resolution is proposing that by March 15, 1990 each city must set up its own compost site or arrange to send its yard waste to a compost site in another city. The penalty for non-compliance is loss of county funding for recycling programs. agenda for the November 30 meeting of the Hennepin County Public Service Committee. The proposed resolution is on the Member Kelly introduced the following resolution and moved its adoption: RESOLUTION IN OPPOSITION TO HENNEPIN C0UN"'Y PROPOSED RESOLUTION #89-11-96lRl WHEREAS, Hennepin County is considering requiring each city to set up its own compost site(s) within or without its borders, and WHEREAS, the penalty for failure to make such arrangement by March 15, 1990 is loss of funding for a city's recycling program, and WHEREAS, the City of Edina would incur significant expense in acquiring land and equipment to provide a compost site, and WIEREAS, the City of Edina has entered into contracts with Hennepin County for funding based on the effectiveness of the recycling program, and WHEREAS, the Edina recycling program for 1990 has been predicated upon the continuation of the present Hennepin County funding policy, and WHEREAS, discontinuance of funding would jeopardize the future of the Edina Recycling Program, a program which has now surpassed the waste reduction goals set by the County; NOW, TIIEREPORE, BE IT RESOLVED that the City of Edina opposes passage of 138 11/29/89 Proposed Resolution M9-11-96lRl. Motion for adoption of the resolution was seconded by Member Smith. ~ Rollcall: Ayes : Resolution adopted. Kelly , Paulus , Rice , Smith; Richards Mayor Richards suggested that staff report back at the January 22, 1990 meeting with specific proposals for a compost site. 1990 COUNCILMEETING DATES APPROVED the following Council Meeting Schedule for 1990 in months vhere the regular Council meeting falls on a holiday: Motion was made by Member Smith to approve January - Monday, January 8 Monday, January 22 February - Monday, February 5 Tuesday, Febrkry 20 September - Tuesday, September 4 Monday, September 17 Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *DATE OF 4/23/90 SET FOR BOARD OF REVIEW Motion vas made by Member Smith and vas seconded by Member Kelly setting Monday, April 23 as the date for the 1990 Board of Review. Motion carried on rollcall vote, five ayes. ANNUAL REPORT OF SUSCC DISTRIBUTED Member Smith, Board Member of the Southwest Suburban Cable Commission (SWSCC), stated that copies of the 1989 Annual Report for SWSCC had been included in the Council packets for information and comment thereon. Mayor Richards suggested that this be placed on the December 4 Agenda for discussion. IMPACT OF IXGISLBTION/MAND ATES FROM STATE AND METRO AGENCIES SUGGESTED FOR DISCUSSION upcoming Council study session the impact on the City of legislation and mandates by other governmental agencies. governmental agencies which limit the ability to control our municipality is very frustrating. QUESTION RAISED REGARDING RESIDENT CBI;Ls TO POLICE DEPARTMENT CONCERNING STREET CONDITIONS the response he received when calling the Police Department regarding snow plowing following the recent snowfall. Member Smith asked if it would be more appropriate to channel those calls to another department. monitoring of street conditions is worked through the Police Department who then contact the street crews to report problem areas. I Member Paulus suggested that the Council consider discussing at an She said legislation and mandates by other Member Smith reported a call from a resident who was concerned about Manager Rosland explained that the IXTTW COMMENDING CITY EMPLOYEE NOTED Member Rice commented that he had received a letter from Dayton-Hudson commending Phil Dommer, Planner, for the professional manner in which he had worked with them regarding a variance and parking agreement for the Target Stores. COUNCIL REMINDED OF UPCOMING MEETING DATES Members of the following upcoming meetings: 1) November 22, 3:30 p.m. - Council/Heritage Preservation Board and members of the Historical Society concerning the St. Patrick Church building at W. 70th Street and Cahill Road and potential development of the site. 2) December 16, 8:OO a.m. - Council Study Session. Mayor Richards said he would draft an agenda and list of potential dates for the four study sessions in 1990. Mayor Richards reminded the Council I 11/20/89 139 SCHOOL BOARD TO NOMINATE CANDIDATE FOR HUMAN RELATIONS COMMISSION advised that the position on the Human Relations Commission vacated by the resignation of Otto Byhre is aSchool Board representative and that he has contacted the School Board Chair regarding the vacancy. Mayor Richards OUESTIONNAIRE CONCERNING EDINA JOINT PUBLIC RELATIONS EFFORT MENTIONED Richards referred to the questionnaire developed for the joint public relations effort between the City, School District and Chamber of Commerce and asked that the Council Members complete those and return them so that the information could be used at their next meeting. Mayor UPDATE TO BE GIVEN ON STRATEGIC PLANNING on the Strategic Planningflork Program'would be presented to the Council at its meeting of December 18, 1989. Manager Rosland mentioned that an update DISCUSSION ON SWSCC ANNUAL REPORT POSTPONED TO 12/18/89 Manager Rosland requested that the discussion of the SWSCC Annual Report be postponed to the Council Meeting of December 18, 1989. MANAGER'S VACATION NOTED during the week of December 4 and that Assistant Manager Hughes will represent him at the Council Meeting on that date. *CLAIMS PAID approve payment of the following claims as per pre-list dated 11/20/89: General Fund $585,346.46, C.D.G.B. $115,362.00, Communications $90.14, Art Center $11,307.68, Swimming Pool Fund $128.00, Golf Course Fund $15,481.15, Recreation Center Fund $2,165.87, Gun Range Fund $1,221.32, Edinborough Park $13,965.92, Utility Fund $9,162.92, Storm Sewer Utility $197.72, Liquor Dispensary Fund $86,088.64, Construction Fund $992,030.45, Total $1,832,548.27; and for confirmation of payment'of the following claims dated 10/31/89: General Fund $535,346.30, Art Center $37.50, Golf Course Fund $1,285.77, Recreation Center Fund $339.13, Gun Range Fund $42.96, Edinborough Park $1,970.16, Utility Fund $420.40, Liquor Dispensary Fund $196,702.47, Construction Fund $173,125.62, Total $909,270.21. Manager Rosland advised that he will be on vacation Motion was made by Member Smith and was seconded by Member Kelly to Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:23 p.m.