HomeMy WebLinkAbout19891204_regular140.
ROLLCAI Answering rc
Richards.
\ MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HBLt
DECEMBER 4, 1989
lcall were Members Kelly, Paulus, Rice, ,aith ani Mayor
CONSENT AGENDA ITEMS ADOPTED
Member Smith to approve and adopt the consent agenda items as presented with the
exception of the removal of items V1.A (Collection of Garbagefiefuse-City
Properties) and VI.B (Scoreboards-Van Valkenburg Park).
Motion was made by Member Kelly and vas seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
PUBLIC HEARING CONDUCTED ON PROPERTP TAX INCREBSE/1990 BUDGET: HEARRJG CONTINUED
TO 12/18/89
the proposed property tax increase and the 1990 Budget for the City of Edina as
mandated by truth in taxation legislation.
preliminary 1990 Budget if adopted would indicate an increase of 4.7% in spending
by local government.
control of the City Council and are mandated programs or actions taken by other
governmental bqdies.
proposed property tax increase and the 1990 Budget.
Senator Don Storm, District 42, said that he was present to hear any public
comment.
is not focused on what the Council does but is focused on what happened in the
legislature.
to what is coming in the next two years.
that as they respond to what the Council needs to do to adjust to what was done by
the legislature.
Pursuant to published notice given, a public hearing was conducted on
Mayor Richards stated that the
The overall budget is higher because of factors beyond the
Mayor Richards then called for public comment on the
He commented that to the Council and the citizens of Edina the problem
He said that what transpired there was a travesty and was a prelude
He hoped the citizens could understand
Don Hykes, 5840 Long Brake Trail, commented that he moved to Edina four years from
the east coast because of Edina's reputation for controlling the level of spending
and for the schools. .His plea is for the citizens and the Council to take an
active posture with the state government.
transfer of funds from one pocket to the other, that it did not make sense, and is
only putting the blame on the other guy. Taxes in the State of Minnesota, which
relates to spending, is totally out of control. On per $1,000 income basis we are
the highest taxed state in the country and he questioned how many people could
afford to stay here.
the state it is no wonder why 3M and expansion of every major company is moving
out of the state.
increase over 1989 and there was no one present to speak out although the tax
burden is constantly being talked about.
proposed property tax levy increase of 11% was an average or that because he was
fortunate to have a higher priced home his taxes would increase by 20% because of
the crazy system.
mandates, but an issue of total taxes in the State of Minnesota. He concluded by
remarking that, in his opinion, Edina was not much better than any place else in
the twin cities.
He said he did not understand the
He said with the property tax, income tax and sales tax in
He said what bothered him was that here is a proposed 11.1% tax
Mr. Hykes questioned whether the
It is not an issue of one hand washing the other or state
I
Ken Moe, 6401 Mildred Avenue, said he felt the same as the previous speaker and
that an 11% increase in property taxes when inflation is 4% is not realistic. He
commented that a lot of companies are not giving raises this year or next year to
their employees.
Mr. Hykes asked what the City government is trying to do in terms of lobbying to
get controls back to the local level.
state capitol and his plea was for help in this from local government.
He said this is a time for change at the
12/4/89
I 141
Mayor Richards stated that the City of Edina is a member of the League of
Minnesota Cities, Association of Municipal Municipalities and the Municipal
Legislative Caucus (MLC), comprised of 16 cities in the metropolitan area who have
similar interests. The City is most active in the MLC and participates because as
a group we are more effective when speaking out on the issues. There is a
misconception of Edina; we do not have all the wealth that some think we have.
The City participates in these organizations to at least bring some kind of
realism to the forefront by saying that we are not a spending community. Mayor
Richards explained that we are trying to get the message out to Edina's citizens
as well to a broader constituency regarding some of the inequities that exist in'
the state and that hurt the citizens of this community. Traditionally, Edina has
tried to maintain a low tax levy.
Member Smith asked what the reduction was in local government aid.
Director Wallin said that in 1989 local government aid was $572,000 and that for
1990 it will be zero. Member Smith said that is a number to reflect on when
considering the 1990 Budget.
what the school district will receive.
district has advertised that they will reduce their levy by 2.5%.
Finance
He asked if there has been an equivalent increase in
Director Wallin responded that the school
In response to Mr. Hykes, Member Rice mentioned that in the previous two meetings
on the budget the Council had heard testimony from several other residents who
felt the same as he did. He asked if Mr. Hykes had specific ideas on how to cut
the City budget. Mr. Hykes said his real frustration was with the game that the
state legislature plays. He said he hoped that one of these days there would be
some real tax reform. It appears that the less you spend the less government aid
you get and the more it goes some place else where they may not be controlling
their budget.
the community and do hear that the increases in property taxes is on the minds of
people.
Mayor Richards said that he and the Council Members do get out in
To illustrate what has happened to Edina as a result of the tax formula, Senator
Storm said that the tax bill that was passed last year raised revenue in this
manner. $160 million was raised in the seven county metropolitan area; about $62
million in the entire other 80 counties. The tax bill raised $11 million new
revenue in Edina and $10 million plus in Eden Prairie. The $21.8 million that was
raised in these two communities was 80% of the net tax increase in the rest of the
state. He explained that the way the tax formula is set up it drains revenue out
of these areas severely impacting the local communities. As a result of the
special session this year a comparison of identical homes (same market value)
showed the property tax on a Bemidji home at $451 and on an Eden Prairie home at
$1971. Senator Storm said that is what we'are facing and until that gets turned
around we are not getting equity.
same amount for education regardless of whether it costs as much to educate
someone in Mora as it does in Edina. He said that is not consoling for the
residents in Edina but they have to start understanding the severity of the impact
so that finally the day will come when they will say enough is enough.
The same goes for education - everyone gets the
Michael Bolen, 5207 Doncaster Way, commented that we are not going to win the
battle on a political basis and asked if the legal aspects of the tax formula have
been explored.
litigation but what will probably happen before those cases get to the courts is
that the system will crumble, reserves will have been spent down, and then
spending patterns will have to change.
Senator Storm responded that several groups are pursuing
Gary Sampson, 6408 Limerick Avenue, said he was poorly informed on these issues
but wanted to voice concern over his property taxes that are going up each year.
He said his income has not increased with the cost of living and he cannot afford
to live here any more if this continues.
have to get an increase every time the cost of living goes up.
He questioned whether City employees
He said private
12/4/89 142, I
business has not done that in the last several years and some of the unions have
taken cuts.
market value.
what owners are being taxed on.
Years ago the appraised value on homes was considerably less that the
Now the appraised value is right up there at market value which is
.
Mayor Richards said the Council does look every year at increases in wages and the
rate of inflation. For the 1990 Budget an increase in wages of 3% is included.
The Council does pay attention to head count and is tough about adding people. As
to the question of appraised value versus market value on homes, he said the
mandate is to value all homes at market value. The philosophy in Edina is that it
is more fair for everybody to keep pace with what is going on in the marketplace.
Member Paulus commented that, when the Council received the preliminary budgets
from the various City departments and other agencies, some were asking for a 12%
increase. So the increase the Council has proposed of 4.7% is relatively small.
She pointed out that Edina is an aging community and money has to be expended to
keep the infrastructure up to current standards. In proportion to the total tax
burden is something that the Council cannot control. Another factor is the
dollars the City is starting to expend to help its aging population and its
changing social economic families which did not exist in years past.
- dollar, the percentage to run the City is small (11-12%); the additional tax
No further comment being heard, Member Kelly made a motion to continue the public
hearing on the proposed property tax increase and 1990 Budget to the Council
meeting of December 18, 1989. Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
ORDINANCE NO. 804 (REGULBTING PLATS AND SUBDIVISIONS> AND ORDINANCE NO. 825-A30
(REQUIRING URGER MINIMUM LOT ARJZA!S> ADOPTED ON SECOND READING
stated that a letter had been received from Michael Bolen in response to the
letter addressed to the Council from Peter Beck as attorney for Stephen Utne which
was presented at the meeting of December 4, 1989. At the direction of the Council
the City Attorney has also responded to Mr. Beck's letter.
issue is the distance of single family lots from the proposed subdivision to be
included in the definition of neighborhood.
Planner Craig Larsen presented the final draft subdivision ordinance and
corresponding amendments to the Zoning Ordinance. The subdivision ordinance
revises the definition of neighborhood to include all single family lots within
1000 feet of the property proposed for subdivision.
to correct inconsistences within the ordinance.
Mayor Richards
The one remaining
Other changes have been made
Planner Larsen explained that, following the November 20, 1989 Council meeting,
staff applied the new definition to various areas of the City to understand the
impact of the change.
distorted view of the merits of a proposed subdivision by drawing in lots which
are much larger or much smaller than lots which are impacted most. He presented
graphics illustrating the impact of including lots within 1000 feet and then the
impact of including lots within 500 feet.
Staff would suggest that the area used to define neighborhood be revised to read
"all single dwelling unit lots wholly or partially within 500 feet of the property
proposed for subdivision." A 500 foot radius would provide for an adequate number
of lots and would define a neighborhood that more directly relates to the property
proposed for subdivision. Also, the reduced area will lower the cost of
processing the application to the' proponent and to the City.
They felt that in many cases 1000 feet would give a
Planner Larsen recalled that at the November 20 meetgng the Council had questioned
the need for a fixed definition of neighborhood. He pointed out that a fixed
. 12/4/89 143
definition of neighborhood is the cornerstone of the subdivision.
definition it would be impossible to calculate the minimum lot area and
dimensional standards required by the ordinance.
chooses not to provide a definition of neighborhood, the ordinance as currently
written should not be adopted.
adopted the moratorium should be extended as it will expire on December 14, 1989.
Without a fixed
He said that if the Council
Also, if for any reason the ordinance is not
Michael Bolen, 5207 Doncaster Way, made reference to his letter of December 1,
1989, addressed to the Council regarding the proposed subdivision ordinance.
said he had two positions. The first was that the proposed ordinance would
provide certainty as to neighborhood; without it the Council would be hung by lack
of criteria. Secondly, if any reduction be made in the area to be included in the
neighborhood, that it be made to the 350 foot inclusion in the adjacent plats
requirement.
He
Dave Selegren stated that he was standing in for Peter Beck.
reviewed Mr. Beck's letter and the response from Attorney Erickson and had
discussed both with Mr. Beck.
Mr. Beck's position the proposed ordinance runs afoul of some of the requirements
of Minnesota Statutes.
He said he had
He said he had nothing to add and reiterated
Member Rice referred to the earlier concern raised by Mr. Beck that the proposed
ordinance would unduly burden the single family lot owner by requiring information
as to square footage of lots in'the defined neighborhood. He asked if, under the
proposed ordinance, a knowledgeable developer could come to City Hall and with
some effort come up with that information.
work, but the information is basically available.
Planner Larsen said it would take some
Member Smith made a motion for Second Reading of Ordinance No. 804 as presented.
Motion was seconded by Member Rice.
definition of neighborhood include all lots which are wholly or partially within
500 feet of the perimeter of the proposed plat or subdivision.
was seconded by Member Paulus.
Member Smith then moved' adoption of Ordinance No. 804 as amended as follows:
Mayor Richards offered an amendment that the
Motion to amend
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried..
I
ORDINANCE NO. 804
AN ORDINANCE REGULATING PLATS AND SUBDIVISIONS,
.PRESCRIBING PROCEDURE FOR APPROVAL OF PLATS AND
SUBDIVISIONS, PROVIDING FOR VARIANCES, REPEALING *
ORDINANCE NO. 801, AND PRESCRIBING A PENALTY
THE CITY COUNCIL OF TIiE CITY OF EDINA, MRJNESOTA, ORDAINS:
The purpose and objectives of this
ordinance are to provide for the orderly, economic and safe development of land
and urban services and facilities; to facilitate adequate provision for
transportation, water, sewage, storm drainage, schools, parks, playgrounds and
other public services and facilities; to promote the public health, safety and
general welfare by establishing physical standards, design requirements and
procedures for plats and subdivisions of land; to allow flexibility in design of
plats and subdivisions; to develop a consistency with and to help implement the
zoning, building and other applicable ordinances and codes of the City; to support
and further the City's comprehensive plan by establishing uniform procedures and
regulations for plats and subdivisions to preserve and enhance the value and
viable economic use of property; to protect the character and symmetry of
neighborhoods in the City; and to protect and further, and not frustrate,
legitimate investment backed expectations of property owners.
Section 1. Purp ose and Obiectives.
Sec. 2. Definitions: Construction Rules: Severability.
(a) Definitions. The following words, terms and phrases, as used herein,
shall have the following meanings:
I
144 12/4/89
I
ADRliCant:
the City of a plat, subdivision or lot division, pursuant to this ordinance.
Citv: The City of Edina,.Minnesota.
Commission:
Comprehensive Plan:
All persons, whether one or more, who request approval by
The Community Development and Planning Commission of the
city.
The Comprehensive Plan of the City adopted by the
City in 1980, pursuant to applicable Minnesota Statutes, as now or hereafter
amended or modified, and including any similar plan or plans as may supersede
or be substituted for said Comprehensive Plan.
incorporated into this ordinance by this reference thereto as completely as
if fully set out herein.
Said Comprehensive Plan is
Council:
Enpineer:
Median: The value (being, in this ordinance, lot area, lot depth or lot
The City Council of the City.
The Director of Public Works and Engineering for the City.
width, as the case may be) in an ordered set of such values below which and
above which there is an equal number of such values, or which is the
arithmetic mean of the two middle values if there is no one such middle
value.
established by the Zoning Ordinance which are wholly or partially within 500
feet of the perimeter of the proposed plat or subdivision, except, however,
those lots used for publicly owned parks, playgrounds, athletic facilities
and golf courses, and except those lots used for conditional uses as
established by the Zoning Ordinance.
part of a lot, then the whole of that lot shall be included in the
neighborhood. As to streets on the perimeter of the proposed plat or
subdivision, the 500 feet shall be measured from the common line of the
street and the proposed plat or subdivision.
County, Minnesota, or filed in the Office of the Registrar of Titles,
Hennepin County, Minnesota, whichever is the appropriate office to give
constructive notice of the document of record.
subdivision as an outlot.
parcel, tract and lot are incorporated herein by reference.
Neiphborhood: All lots in the Single Dwelling Unit District as
If the neighborhood includes only a
Of Record: Recorded in the office of the County Recorder, Hennepin
Outlot: An area, parcel, tract or lot of land shown on a plat or
Parcel. Tract or Lot:
Planner:
Plat:
The definitions in the Zoning Ordinance for
The Planner for the City.
The map of one or more subdivisions prepared for filing of record
pursuant to, and containing all elements and requirements in, Chapter 505 of
Minnesota Statutes, and containing all of the elements and requirements for a
subdivision set forth in this ordinance, to the extent such requirements and
elements were not waived pursuant to such statute or ordinance, or containing
all of the elements and requirements imposed by, and not waived pursuant to,
the statutes and ordinances which were applicable when such map was prepared
for filing of record.
lot into two or more parcels, tracts or lots, or long-term leasehold
interests where the creation of the leasehold interests necessitates the
creation of streets, roads or alleys, for residential, commercial, industrial
or other use, or any combination thereof, except those separations:
will be 20 acres or larger in size and 500 feet in width for residential uses
and 5 acres or larger in size for commercial and industrialuses;
Subdivision: The separation of an area of land, of a parcel, tract or
(1) where all the resulting parcels, tracts, lots or interests
(2) creating cemetery lots; or
(3) resulting from court orders, or the adjustment of a lot line by the
relocation of a common boundary.
For purposes of this ordinance, a subdivision shall include Registered Land
Surveys and Auditor's Subdivisions.
modifications and supplements thereto and thereof now or hereafter made, and
Zoning Ordinance: Ordinance No. 825 of the City, and all amendments,
12 14 I89 ..
I 145
all ordinances hereafter adopted by the Council as successors to said
Ordinance No. 825. Said Ordinance No. 825 is incorporated into this
ordinance by this reference thereto as completely as if fully set out herein.
(b) Construction Rules.. The rules of construction set out in Section 3.A of
the Zoning Ordinance are incorporated herein by reference.
(c) Severabilitv. The provisions of Section 3.C of the Zoning Ordinance are
incorporated herein by reference.
Sec. 3. Plat Required.
(a) Every subdivision, except as provided in Sec. 4 hereof, shall be platted
in full compliance with Chapter 505, Minnesota Statutes, this ordinance, the
Zoning Ordinance and the Comprehensive Plan.
Any land transferred from one zoning district to another zoning
district, excluding, however, transfers to or from the Heritage Preservation
Overlay District or the Flood Plain Overlay District, as defined in the Zoning
Ordinance, shall be platted in full compliance with Chapter 505, Minnesota
Statutes, this ordinance, the Zoning Ordinance and the Comprehensive Plan, in
connection with, at the time of, and as a condition to, such transfer.
The provisions of this ordinance shall apply also to parcels taken from
a parcel, tract or lot then existing of record by use of a metes and bounds
description, and such subdivisions shall be platted in full compliance with
Chapter 505, Minnesota Statutes, this ordinance, the Zoning Ordinance and the
Comprehensive Plan.
Sec. 4. Plat Not Required.
(a) Double Dwellinn Units.
(b)
(c)
No plat shall be required for subdivisions of
lots in Double Dwelling Unit Districts pursuant to Sec. 7(a) of this ordinance,
but only a lot division pursuant to paragraph (b) of this Sec. 4 shall be
required.
adjusts or relocates a common lot line separating two lots and which does not
create a new undeveloped parcel, tract or lot that complies, alone or in
combination with one or more other parcels, tracts or lots, vith the applicable
minimum lot area and other requirements of this ordinance and the Zoning
Ordinance.
resulting therefrom is placed of record, the Council shall adopt a resolution
approving the same, and the procedure therefor shall be the same as for
preliminary plat approval as set out in Sec. 10 of this ordinance, except that
(i) notice of the hearing before the Council need not be published as to lot
divisions made pursuant to this paragraph (b) (but shall be made for subdivisions
pursuant to paragraph (a) of this section), (ii) no sign need be erected, and
(iii) only a survey prepared and signed by a Minnesota registered land surveyor
showing the proposed lot division need be filed with the Planner together with the
required fee and such additional information that, in the opinion of the Planner,
is necessary for evaluation of the lot division and determination that it is
consistent with the requirements of this ordinance.
this ordinance by adoption of a resolution specifying which provisions have been
waived in any case where (i) compliance will involve an unnecessary hardship and
where noncompliance does not interfere with the purposes of this ordinance, or
(ii) an improved plat, can be achieved by variances from the requirements of this
ordinance.
Sec. 6. Denial of Permits. No building permit or other permit for the
development or improvement of land shall be issued for construction of a building
on, or the development or improvement of, any parcel, tract or lot:
Statutes ;
requirements of this ordinance and approved by the Council pursuant to this
ordinance;
thereof delivered to the Planner as required by Sec. 10(f) hereof; or
(b) Lot Divisions. No plat shall be required for any lot division which
However, before any such lot division shall be made or any conveyance
Sec. 5. Variances. The Council may waive compliance with any provisions of
(a)
(b)
conveyed in violation of the provisions of Chapter 462, Minnesota
in any plat or subdivision hereafter made not complying with the
(c) in any plat hereafter made which has not been filed and a certified copy
146 12/4/89
(d) which is an outlot.
Sec, 7. Outlots. It is the policy of the City to allov outlots on plats and
subdivisions presented to the City for approval pursuant to this ordinance, but
only for the purpose of simplifying the descriptions of parcels of land (i) that
would otherwise be excepted from the platted area, or (ii) that are to be conveyed
or dedicated to the Citp or other public body. Therefore, any outlots shown on a
plat or subdivision approved by the Council shall not be, nor be deemed to be,
lots or parcels as defined in the Zoning Ordinance, nor shall any such outlots be
developed by the erection or placing of improvements thereon, except, however, for
improvements erected or placed by the City or other public body upon outlots
conveyed or dedicated to it, unless first replatted into lots and blocks pursuant
to this ordinance and the applicable provisions of state law.
Sec. 8. Double Dwelling Unit District (R-21 and Townhouse Plats.
(a) Double Dwellinp Units. Any lot in the Double Dwelling Unit District - as
then determined by the Zoning Ordinance may be subdivided into two lots
notwithstanding the regulations stated in the Zoning Ordinance which apply to the
Single Duelling Unit District.
such subdivision the owner or owners of the lotto be subdivided shall make a
separate and independent connection of each dwelling unit on the lot to be
subdiwided with the public sanitary sewer and water mains, or obtain a waiver from
the Council of such connection, and pay the connection charges therefor, if any,
all as required by City Ordinance Nos. 431, 1101 and 1111, and after such
conditions are met and complied with, the City Clerk shall give a certified copy
of the Council resolution approving such subdivision.
As conditions to the approval of any townhouse plat,
as defined in the Zoning Ordinance, of previously built and then existing
townhouses, as defined in the Zoning Ordinance, each townhouse shall be separately
and independently connected to the sanitary sewer and water mains, or the
requirement for such connections shall be waived, and the connection charges
therefor, if any, shall be paid, all as required by Ordinance Nos. 431, 1101, and
1111, and after such conditions are met and complied with, the City Clerk shall
give a certified copy of the Council resolution approving such plat or
subdivision.
Provided, that as a condition to the approval of
(b) Townhouse Plats.
Sec. 9. Fees: Charges.
(a) All plats and subdivisions, and all lot divisions pursuant to Sec. 4(b)
hereof, presented for approval by the Commission and Council shall be filed with
the City Planning Department and shall be accompanied by a filing fee as then
prescribed by Ordinance No. 171 of the City for services to be rendered by City
employees in processing the proposed plat.
reason including, without limitation, rejection of the plat, subdivision or lot
division by the Council, or abandonment or withdrawal of the proposed plat,
subdivision or lot division by the proponent.
process or act on any plat, subdivision or lot division unless and until the
applicable fee has been paid to the City.
City of a proposed plat, subdivision or lot division, shall have agreed to pay all
administrative expenses and attorneys' fees, with interest and costs as herein
provided, incurred by the City in connection with or as a result of reviewing and
acting on such application. If more than one person signs an application, all
such signers shall be jointly and severally liable for such expenses and fees,
with interest and costs as herein provided.
the City pursuant to this paragraph shall be payable upon demand made by the City,
and if not paid within 5 days after such demand is made, shall bear interest from
the date of demand until paid at a rate equal to the lesser of the highest
interest rate allowed by law or tvo percentage points in excess of the reference
rate. Said applicants shall also pay all costs, including attorneys' fees,
incurred by the City in collecting such expenses, fees and interest, with interest
on such costs of collection from the dates incurred until paid, at the same
interest rate as is payable on such expenses and fees. For purposes hereof,
reference rate shall mean the rate publicly announced from time to time by First
Said fee shall not be refunded for any
Tbe City shall have no duty to
(b) Each person, by filing or submitting an application for approval by the
The expenses and fees to be paid to
12/4/89 147
Edina National Bank, or any successor thereto, as its reference rate, and if such
bank, or its successor, ceases publicly announcing its reference rate, reference
rate shall mean the interest rate charged fromtime to time by such bank, or its
successor on 90-day unsecured business loans to its most creditworthy customers.
Sec. 10. Review and Approval Process.
(a) Applications: Notice: New Applications.
shall be filed with the Planner on forms prescribed by the Planner, and shall
be signed by the applicant and accompanied by the required fee, the proposed
plat or subdivision complying with the criteria and requirements for a
preliminary plat or subdivision set out in Sec. 12 of this ordinance, the
information from utility companies pursuant to subparagraph (2) of this
paragraph (a), evidence satisfactory to the Planner (which may be by an
affidavit from the applicant, or applicant's agent or representative) that
the required mailed notice has been given and required signs have been
erected as required by subparagraphs (3) and (4) of this paragraph (a), and
such other information as is required by this ordinance or any other
ordinance of the City, or as is necessary, in the opinion of the Planner, for
evaluation of the application and determining consistency and compliance with
the requirements of this ordinance and other applicable ordinances of the
City. The application shall not be complete until all information and
documents required by this paragraph have been filed with and delivered to
the Planner.
There shall be delivered with each application a written instrument
from each utility company showing that arrangements acceptable to the Planner
have been made with the utility company for the installation of utilities in
the manner required by this ordinance and other applicable City ordinances.
(3) The applicant shall erect, or cause to be erected, a sign or signs
as required by Section 4.B.2 of the Zoning Ordinance, except that the
information contained thereon shall be as follows:
"This property proposed for subdivision.
(1) All applications for plat, subdivision and lot division approval
I
(2)
(Names of Applicants)
(Telephone Numbers of Applicants)
For information contact Edina Planning Department,
Phone No. 927-8861."
(4)
lots in the neighborhood of the proposed plat or subdivision, as such owners
and their addresses shall be shown on a list prepared by the City, and for a
fee established pursuant to City Ordinance No. 171.
form prescribed by the Planner, but, at a minimum, shall advise of the
proposed plat or subdivision, the number of lots to be created, and the
address and phone number of the applicant.
(a) at all times shall be kept in good repair and shall be maintained in
place until a final decision on the application has been made by the Council,
and shall be removed by the applicant within 5 days after such final
decision.
required, then such signs shall be deemed a nuisance and may be abated by the
City by proceedings under Minnesota Statutes, Chapter 429, and the cost of
abatement, including administrative expenses, may be levied as a special
assessment against the property upon which the sign is located, or the
applicant may be prosecuted for violation of this ordinance, and if convicted
shall be guilty of a misdemeanor and subject to penalties pursuant to
Ordinance No. 175. If there is more than one applicant, they shall be
jointly and severally liable hereunder.
The applicant shall also give mailed notice to the owners of all
The notice shall be on a
(5) The sign or signs required by subparagraph (3) of this paragraph
If such signs are not kept in good repair or removed as herein
(6)
by the first anniversary date of the Council resolution granting
preliminary approval thereof; or
if the final plat is not filed for record, and a certified
A new application shall be required:
(i) if the final plat is not submitted for approval by the Council
(ii)
14% 12/4/89
copy thereof filed with the Planner as required by paragraph (f) of this
section, by the first anniversary date of the Council resolution
granting final approval thereof.
Hearing and Decision bv Commission.
(1) I (b)
documents and information required pursuant to Sec. 10(a)(l) hereof, and
determination by the Planner that the required mailed notice and the required
signs will have been given and erected for at least 10 days prior to the
Commission hearing, the Planner shall review the application and prepare
his/her report therefor and forward the report to the Commission.
conduct a hearing which shall be at least 10 days after said required notice
has been given and said required signs erected. After hearing the oral and
written views of all persons, the Commission shall make its recommendations
at the same or at a specified future meeting thereof. In making its
recommendation, the Commission shall be guided by and subject to the
provisions of Sec. 14 of this ordinance. Also, if the provisions of
paragraph (b) of Sec. llhereof apply, the Commission shall recommend the
dedication or easement option as provided in said paragraph.
(c) Public Hearing BY Council - Preliminary Approval.
Upon request of the Planner or applicant, and after the Commission
has examined and considered the proposed plat, subdivision or lot division
(and even if the Commission has failed to make a recommendation to the
Council), the Council shall set a date for hearing thereon, which shall be
not later than 60 days after the meeting at which the hearing date is set. A
notice of the date, time, place and purpose of the hearing shall be published
once in the official newspaper at least 10 days before the date of hearing;
provided, however, that no published notice need be made for lot divisions
pursuant to Sec. 4(b) hereof.
interested persons, the Council shall make its decision at the same meeting
or at a specified future meeting thereof.
Council shall be guided by and subject to the provisions of Sec. 14 of this
ordinance. Also, if the provisions of paragraph (b) of Sec. llhereof apply,
the Council shall select its option as provided in said paragraph. The
Council may by resolution:
Upon receipt by the Planner of the application and all other
(2) Upon receipt of the report of the Planner, the Commission shall
(1)
I After hearing the oral or written views of all
In making its decision, the
(i) grant preliminary approval, with or without modification, and
without conditions, or with such conditions reasonably related to the
purpose and objectives of this ordinance as the Council may deem
necessary or desirable; or
grant preliminary and final approval at the same time, with
or without modification, and without conditions, or with such conditions
reasonably related to the purpose and objectives of this ordinance as.
the Council may deem necessary or desirable; or
(iii) refer the plat, subdivision or lot division to the
Commission or other appropriate City commissions, officers or
departments for further investigation and report to the Council at a
specified future meeting thereof; or
(2)
(ii)
(iv) reject the plat, subdivision or lot division.
The Council shall preliminarily approve or disapprove of the
proposed plat or subdivision within 120 days of the receipt by the Planner of
an application completed in compliance with this section unless applicant
agrees to an extension of the review period.
(d) Responsibilitv for Improvements: Subdivision Financinq.
the applicant shall enter into a Developer's Agreement (herein called the
"Agreement") with the City, on terms and conditions determined by the City,
and shall cause all street, water and sewer improvements required by the
Planner or Engineer, or by the resolution granting preliminary approval, to
be completed, pursuant to the Agreement and to the City's then standards and
specifications for such improvements. Such Agreement (A) as to improvements
(1) When preliminary approval has been given to a plat or subdivision, I
12/4/89 149
to be installed by the applicant shall obligate the applicant to install and
complete all such improvements, at applicant's own expense and under the
supemision and inspection of the Engineer, and shall obligate the applicant
to pay to the City a fee in compensation for such services in an amount equal
to 6.5% of the total construction cost of all such improvements within 30
days after receipt of a statement therefor, (B) as to improvements petitioned
for by the applicant to be installed by the City, which City installations
shall be done only in plats then situated within the Single Dwelling Unit
District, the Double Dwelling Unit District and the Planned Residence
District, as determined by the Zoning Ordinance, shall obligate the City to
provide engineering services and construct the improvements and obligate the
applicant to pay to the City the cost of such services and construction,
through payment of special assessments, which shall be payable in not more
than 3 annual installments, and (C) as to improvements petitioned for by the
applicant to be installed and assessed in accordance with the regular
policies of the City, shall provide for installation if ordered by the
Council and assessment in accordance with the then policies of the City;
provided, however, that the City shall not be obligated to enter into such
agreement (i) if the improvements required by the Planner or Engineer or by
such resolution are not allocated among the methods at (A), (B) and (C) above
in a manner satisfactory to the Engineer, or (ii) if the applicant as to the
improvements at (A) and (B) above does not give one or more of a bond, cash
in escrow or an irrevocable letter of credit, all as may be required by the
Planner or Engineer, or (iii) as to any improvements, if the Council
determines that the City must borrow money to pay its costs of construction
under such Agreement and such borrowing will jeopardize the City's credit
rating. The Agreement shall also provide, as to improvements at (B) above,
that if the applicant transfers any lot or parcel in the platted or
subdivided area while special assessments then levied or to be levied for the
improvements made pursuant to said Agreement remain unpaid, they will be paid
or prepaid in full at the time of such transfer to the City Treasurer or the
County Treasurer.
Any bond required by the City shall be given by the applicant with
a corporate surety authorized to do business in Minnesota and approved by the
City as surety thereon, and, as to improvements referred to at (A) above,
shall be a performance and payment bond in at least the full amount of all
contracts for the installation of such improvements, and as to improvements
referred to at (B) above, shall be in the full amount of all costs of making
the improvements specified in the Agreement not paid in cash by the applicant
before or at the time of entering into the Agreement and shall be given for
the securing to the City of the payment of the special assessments.
Any cash deposit required by the City shall be deposited by the
applicant, in escrow, in a national or state bank having an office in the
City, in the full amount of the unpaid improvement costs, together with a
written agreement signed by the applicant and the bank whereby the funds in
escrow will be paid to the City from time to time solely upon the written
demand of the City, to the extent of any default by the applicant in the
Agreement then alleged by the City.
or state bank approved by the City, shall be unconditional and irrevocable,
shall be for the full amount of the unpaid improvement costs, and shall
provide that funds will be paid to the City solely upon written demand from
time to time of the City to the extent of any default by the applicant in the
Agreement then alleged by the City.
Agreement, and shall be jointly and severally obligated to perform the
obligations of applicant under the Agreement.
(e) Final Amroval.
When a plat or subdivision has been given preliminary approval, the
Planner shall submit a supplementary report to the Council recommending final
(2)
(3)
(4) Any letter of credit required by the City shall be from a national
(5) If there is more than one applicant, all thereof shall join in the
(1)
150 \ 121 4/89
approval upon receipt by the Planner of the following:
(i)
(ii)
a written request from the applicant for final approval;
and complying with the conditions and modifications imposed by the
Council at the time of granting preliminary approval;
including Sec. 13 hereof;
the Agreement, fully executed by the applicant and the City,
and the security, all as required by paragraph (d) of this section;
agreeing to comply with Sec. 15 of this ordinance; and
and encumbrances on, the property proposed to be platted or subdivided,
including, without limitation, a written opinion from the applicant's
counsel addressed to the City, opining that all documents executed and
delivered by the applicant to the City have been duly executed and
delivered, have been duly authorized by all necessary corporate,
partnership or other entity action, are binding on the signing parties
and enforceable in accordance with their terms, and containing such
additional statements as the Planner may request.
I evidence and documents satisfactory to the Planner meeting
(iii)
(iv)
(v)
(vi)
the final plat meeting the requirements of this ordinance,
a letter or other signed document from each utility company
evidence acceptable to the Planner evidencing ownership of,
Provided, however, if any one or more of the foregoing items is not received
by the Planner, the Planner may yet submit hisher supplemental report to the
Council, and the Council may condition its final approval upon the receipt by
the Planner of those items not then so received, as well as other matters
reasonably related to the purpose and objectives of this ordinance.
Council shall act thereon, which action shall be by resolution.
resolution shall be passed within 60 days of receipt of such supplemental
report of the Planner.
of this paragraph (e), and may be also conditioned upon receipt of the land
dedication, cash contribution or security required pursuant to Sec. 11
hereof. If the Council imposes conditions in any grant of final approval,
then the officers of the City shall not sign such plat, nor shall the City
Clerk issue any certified copy of the resolution of the Council giving such
final approval, until such conditions are met and complied with. The City
Clerk is authorized, once such conditions have been met and complied with, to
issue a certified copy of the resolution of the Council giving such final
approval, without reference to such conditions.
(f) Piling of Plat: Certified COPY of Approving Resolution.
expense, as soon as possible after receipt by applicant of a certified copy
of the Council resolution giving final approval of the plat.
not be filed for record, nor accepted for record, unless said certified copy
of the Council resolution giving such final approval accompanies such plat
when presented for filing of record.
with the recording data thereon shall be filed with the Planner.
filed with the Planner by the first anniversary date of the Council
resolution giving such final approval (even if such final approval is
conditional on performance of further acts by applicant or others), the plat
or subdivision shall be deemed abandoned and withdrawn and of no effect, and
a new application shall be filed and the plat or subdivision again submitted
for review and action pursuant to this ordinance.
If the approved plat is of land contiguous to another municipality,
the City Clerk shall also file a copy of such resolution with the governing
body of such municipality.
approving the plat or subdivision for a double dwelling unit or a townhouse
development until the requirements of Sec. 8 of this ordinance have been
fulfilled.
(2) Upon receipt of the supplementary report of the Planner, the
Such
I Final approval may be conditioned as provided in (1)
(1) The applicant shall file for record the final plat, at applicant's
Said plat shall
A certified copy of such filed plat
(2) If the plat is not filed for record and a certified copy thereof
(3)
(4) The City Clerk shall not give a certified copy of the resolution
12/4/89 151
Sec. 11. Land Dedication or Cash Contribution.
(a) A reasonable portion of any proposed plat or subdivision shall be
dedicated to the City for public use for streets, roads, sewer lines, electric
lines, gas lines, water lines and facilities, storm water drainage and holding
areas or ponds and similar utilities and improvements. The Planner and Engineer
shall recommend to the Council what portion is reasonable, the location thereof,
the need therefor and the use thereof.
Where any plat or subdivision adjoins a natural lake, pond or stream,
including streams which flow only intermittently, a strip of land running along
all sides thereof which are contiguous to such lake, pond or stream, which strip
shall extend from a line 100 feet upland from the lake or pond, as measured from
the high water mark, and 100 feet from the centerline of the stream shall be
either (i) dedicated to the City for public use, or (ii) subjected to a perpetual
easement in favor of the City over and in said land and the bed and water body of
such lake, pond or steam for the purpose of protecting the hydraulic efficiency
and the natural character and beauty of such lake, pond or stream.
shall determine which of these options is more appropriate and shall recommend to
the Council one of said options.
to the City the right of ingress to and egress from the said strip of land with
workers, equipment and material. Also, where the easement is determined to be in
the best interest of the City, said easement shall also provide that the owners of
the areas as to which such easement is granted shall not make, do or place any
fill, grading, improvement or development of any kind on or to such easement area,
or raise the level of the easement area in any way, but all such right to fill,
grade, improve and develop, and to raise the level of the easement area, shall be
granted by said easement to the City.
(c) In addition to the dedication to be made pursuant to paragraphs (a) and
(b) in this section, and if the Council reasonably determines that it will need to
acquire a portion of the land within the plat or subdivision for the purposes
stated in this paragraph (c) as a result of approval of the plat or subdivision,
then, as to such plat or subdivision, a reasonable portion of the land therein
shall be dedicated to the public or preserved for conservation purposes or for
public use as parks, playgrounds, trails, wetlands or open space, provided that,
at the option of the City, the owner or owners shall contribute to the City an
amount of cash equal to the fair market value of the land otherwise required to be
so dedicated or preserved, or dedicate and presene a part of such land and
contribute the balance of such land value in cash. Land then set aside and
dedicated for public recreational purposes pursuant to Section 13 (Planned
Residential District) of the Zoning Ordinance may be considered as set aside and
dedicated under this ordinance to the extent required hereunder in connection with
such plat or subdivision, but then only to the extent that such land is in excess
of the open space then required by the Zoning Ordinance. Any money so paid to the
City shall be placed in a special fund and used only for the acquisition or
development of land for conservation purposes, parks, playgrounds, trails,
wetlands, and open space. For purposes of this ordinance, "fair market value of
the land" is defined as the fair market value of the land within such plat or
subdivision as of the date the plat or subdivision is granted final approval by
the Council, as determined by the City Assessor.
(b)
I
The Commission
In either case, there shall also then be granted
I
(1) It is the policy of the City, as a general rule, to require
dedication of land in the following instances:
(i) if the property to be dedicated is adjacent to an existing
public park or playground and the additional property will beneficially
expand the park or playground;
or is expected to be combined with future acquisitions by the City so
that a public park with a minimum of six acres will result;
lake, pond or stream, or a wetland then protected by then applicable
state or federal laws or statutes;
(ii) if the property to be dedicated is six acres or more in size,
(iii) if the property to be dedicated abuts or adjoins a natural
(iv) if the property to be dedicated is necessary or desirable for
152 12/4/89
a storm water holding or ponding area, or is an area which the City
intends to have dredged or otherwise improved for storm water holding
areas or ponds;
natural, scenic or historic value.
.
(v) if the property to be dedicated is a place of significant
Sec. 12. Resuirements for Preliminam Plat or Subdivision-
(a) General. The applicant shall file with the applicattion required by
Sec. 10 hereof the following information which is required for all proposed plats
and subdivisions, and which shall be shown on the proposed plat or subdivision or
other accompanying document:
(1)
(2) The name, address and telephone number of each owner, each agent of
any owner, each applicant, the surveyor and the designer of the proposed plat
or subdivision.
(3) A graphic scale (no smaller than 1" = 50'), the north point and the
date of preparation of the proposed plat or subdivision.
(4)
the plat or subdivision, and the perimeter lines of each lot, with bearings
and distances.
(5)
(6) defined by the Zoning Ordinance) and square footage of each lot.
(7) Site data, including total area, area in lots, area in streets and
other public uses, by square footage and percentages for each, and divided
into existing and proposed.
(8) The legal description of the tract to be platted, together with its
PIN number(s).
(9) The existing zoning classification(s) of the property and adjacent
property-
(10) (graphically and in writing) for future development thereof.
(11) including the grade, width, legally established centerline elevation, and the
location and elevation of sidewalks.
The proposed name of the proposed plat or subdivision.
The plat or subdivision shall show the perimeter property lines of
The lot and block numbers.
The lot width (as defined by the Zoning Ordinance), lot depth (as
I Location and size of any proposed outlots, and a conceptual plan
All existing public roads and rights of vay serving the property,
(12)
(13) Existing easement locations, widths and purposes, and showing
(14)
(15) Location of existing and proposed utilities, including distance to
All proposed public roads and rights of way.
invert elevation of sewers.
Proposed easement locations, widths and purposes.
nearest utilities not on or adjoining the property, and showing the invert
elevation of sewers.
preliminary grading plan showing resulting elevations and contours at 2 foot
intervals.
improvements on the proposed lots.
flowing through the property proposed to be platted or subdivided with normal
high water and 100 year flpod elevations.
(19) Location of all proposed parks, drainage facilities and areas
proposed to be dedicated for public use.
(20) Ground elevation of land within 100 feet of the perimeter property
lines of the area proposed to be platted or subdivided, showing contour lines
at 2 foot intervals.
If the land proposed to be platted or subdivided is within the
Flood Plain as determined by the Zoning Ordinance, the location and elevation
of the Flood Plain shall be shown.
(16) Existing elevations and contours at 2 foot intervals and a
(17) Minimum front, rear and side setbacks for the proposed
(18) Location of all wetlands, streams, ponds or lakes within or
(21)
(22)
(23)
The mean grade of the front and rear lines of each proposed lot.
The land area, by total square footage and by percentage of all
land in the proposed plat or subdivision, to be disturbed in the subdivision
12/4/89 153
by public and private improvements, and the location of such disturbed areas.
land in the proposed plat or subdivision and a statement as to whether they
will remain or be removed.
A graphic illustrating the then existing topography for all lots
in the proposed plat or subdivision and showing the location of all areas
with slopes of greater than 18%, and the percentage of such areas relative to
the total area in the proposed plat or subdivision, and the percentage of
each lot having slopes of 18% or greater.
proposed to be disturbed by public or private improvements, and their
location, having a diameter of 6 inches or more as to deciduous trees, and
having a height of 6 feet or more as to coniferous trees.
(b)
In addition to the requirements at subparagraph (a) of this section, the
(24) The location and elevation of all existing improvements on the
(25)
(26) The number of overstory trees then existing on the property
Additional Requirements for Platting or Subdivision of Propertv in the
Sinale Dwelling Unit District.
applicant for a proposed plat or subdivision of land wholly or partially within
the Single Dwelling Unit District as then determined by the Zoning Ordinance shall
also deliver to the Planner the following information from a source acceptable to
the Planner:
(1) A complete list of all lots, and the owners thereof, which are
within the neighborhood of the property proposed to be platted or subdivided.
(2) Relative to the properties included in (1) above in this
subparagraph:
(i)
(ii)
(iii)
(iv)
(v) the lot depth, as defined by the Zoning Ordinance, for each
(vi)
The location of the proposed building pad for each lot in the
the square footage for each lot in such neighborhood;
the mean average and median lot area (in square feet) of all
lots in such neighborhood;
the lot width, as defined by the Zoning Ordinance, for each
lot in such neighborhood;
Zoning Ordinance, of all lots in such neighborhood;
lot in such neighborhood; and
Zoning Ordinance, of all lots in such neighborhood.
(3)
4)
the mean average and median lot width, as defined by the
the mean average and median lot depth, as defined by the
proposed plat or subdivision.
The lot width to perimeter ratio (as defined in the Zoning
Ordinance) for each lot in the proposed plat or subdivision.
Sec. 13. Requirements for Final Plat or Subdivision. If the Council grants
preliminary approval of a proposed plat or subdivision, the applicant shall
prepare and deliver to the Planner: (1) two mylar or linen reproducible tracings
and two mounted copies of the proposed plat in its final form, complying with the
requirements of this ordinance, the preliminary approval granted by the Council,
and Chapter 505 of Minnesota Statutes; and (2) evidence satisfactory to the
Planner that the final plat has been reviewed and approved by the Hennepin County
Surveyor's office.
Sec. 14. Guidelines and Criteria for Evaluatinn Plats and Subdivisions;
Review of Requirements.
(a) determining its recommendation to the Council, and the Council in determining
whether to approve or disapprove of any plat or subdivision, may consider, among
other matters, the following:
The Commission in reviewing proposed plats and subdivisions and in
(1) The impact of the proposed plat or subdivision, and proposed
development thereof, on the character and symmetry of the neighborhood as
evidenced and indicated by, but not limited to, the following matters:
(i) the suitability of the size and shape of the lots in the
proposed plat or subdivision relative to the size and shape of lots in
the neighborhood; and
(ii) the compatibility of the size, shape, location and
12/4/89 154
arrangement of the lots in the proposed plat or subdivision with the
proposed density and intended use of the site and the density and use of
lots in the neighborhood.
(2)
'
The impact of the proposed plat or subdivision, and proposed
development thereof, on the environment, including but not limited to,
topography, steep slopes, vegetation, naturally occurring lakes, ponds and
streams, susceptibility of the site to erosion and sedimentation,
susceptibility of the site to flooding and water storage needs on and from
the site.
development thereof, and compliance by the proposed plat or subdiesion, and
the proposed development, with the policies, objectives and goals of the
Comprehensive Plan.
The compliance of the proposed plat or subdivision, and the
proposed development thereof, with the policies, objectives, goals and
requirements of the Zoning Ordinance including, without limitation, the lot
size provisions and the Flood Plain Overlay District provisions of the Zoning
Ordinance.
development thereof, on the health, safety and general welfare of the public.
proposed therefor, and the conflict of such design or improvements, with any
easements of record or on the ground.
existing streets and the adequacy and safety of ingress to and egress from
such lots from and to existing streets.
The adequacy of streets in the proposed plat or subdivision, and
the conformity thereof with existing and planned streets and highways in
surrounding areas.
and existing or future extension of the City's water and storm and
sanitary sewer systems.
and other life safety vehicles to all proposed improvements to be developed
on the proposed plat or subdivision.
(11) Whether the physical characteristics of the property, including,
without limitation, topography, vegetation, susceptibility to erosion or
siltation, susceptibility to flooding, use as a natural recovery and ponding
area for storm water, and potential disturbance of slopes with a grade of 18%
or more, are such that the property is not suitable for the type of
development or use proposed.
cause the disturbance of more than 25% of the total area in such plat or
subdivision containing slopes exceeding 18%.
Whether the proposed plat or subdivision, or the improvements
proposed to be placed thereon, are likely to cause substantial environmental
damage.
(b)
(3) The consistency of the proposed plat or subdivision, and proposed
(4)
(5)
(6)
The impact of the proposed plat or subdivision, and proposed
The relationship of the design of the site, or the improvements
(7) The relationship of lots in the proposed plat or subdivision to
(8)
(9) The suitability of street grades in relation to the grades of lots
(10) The adequacy and availability of access by police, fire, ambulance
(12) Whether development within the proposed plat or subdivision will
(13)
If the proposed plat is wholly or partially within the Single Dwelling
Unit District, then the minimum lot area, lot width, lot depth and lot width to
perimeter ratio shall be as follows:
(1) If the median lot area of lots in the neighborhood is greater than
9,000 square feet, then the minimum lot area of any lot in the proposed plat
or subdivision shall not be less than the median lot area of lots in the
neighborhood.
lots in the neighborhood is greater than 75 feet, then the minimum lot width,
as defined by the Zoning Ordinance, of any lot in the proposed plat or
subdivision shall not be less than the median lot width of lots in the
neighborhood.
(2) If the median lot width, as defined by the Zoning Ordinance, of
(3) If the median lot depth, as defined by the Zoning Ordinance, of
12 14 I89 155
lots in the neighborhood is greater than 120 feet, then the minimum Tot
depth, as defined by the Zoning Ordinance, of any lot in the proposed plat or
subdivision shall not be less than the median lot depth of lots in the
neighborhood.
(4)
Ordinance) for any lot in the proposed plat or subdivision shall not be less
than 0.1.
(c) In addition to the foregoing matters, the Commission, in connection with
.
The lot width to perimeter ratio (as defined in the Zoning I
its recommendation to the Council, and the Council in determining whether to
approve or disapprove a proposed plat or subdivision, shall specifically and
especially consider the following matters:
(1)
(2)
Whether the proposed plat or subdivision complies with the
policies, objectives and goals of the Comprehensive Plan.
Whether the proposed plat or subdivision complies with the
policies, objectives, goals and requirements of the Zoning Ordinance,
including, without limitation, the lot size and dimension requirements of the
Zoning Ordinance, and the Flood Plain Overlay District and Heritage
Presemation Overlay District of the Zoning Ordinance, as varied by variances
therefrom, if any, granted pursuant to the Zoning Ordinance.
design or type of improvements proposed to be placed thereon, may be
detrimental to the health, safety or general welfare of the public.
(4) Whether the proposed plat or subdivision conforms to, and
complies with the requirements of, applicable state law.
(5)
policies, objectives, goals and requirements of this ordinance, as varied by
variances therefrom, if any, granted pursuant to this ordinance.
Sec. 15. Utilities.
(a) Underground Installation of Utilities. All new utilities (excluding
(3) Whether the design of the proposed plat or subdivision, or the
Whether the proposed plat or subdivision complies with the
main line electric feeders and high voltage transmission lines) constructed within
the confines of and providing service to customers in the plat shall be installed
underground.
(b) In Public Easements. All electric and gas distribution lines and
piping, roadways, curbs, walks and other similar improvements shall be constructed
only on a street,.alley or other public way or easement which is designated on a
plat or subdivision approved by the Council pursuant hereto, or which has
otherwise been approved by the Council.
been completed in accordance with the plans and specifications approved by the
City, and the Engineer has certified as to such completion, the owner shall keep
such street, if used for public travel, in a safe condition for such use, at
his/her own expense. The City shall not be chargeable with the cost of or the
responsibility for the maintenance of such street until the completion of such
street has been so certified.
Sec. 17. Penaltv.
(a) guilty of a misdemeanor and subject to penalties pursuant to City Ordinance
No. 175.
(b) Minnesota Statutes, Section 462.358, Subd. 4b (which is hereby incorporated herein
by reference) shall forfeit and pay to the City a penalty of not less than $100.00
for each lot, tract or parcel so conveyed. Also, the City may enjoin such
conveyance, or recover such penalty, by a civil action in a court of competent
jurisdiction.
shall also pay all costs incurred by the City in enforcing this ordinance or
prosecuting such violation, including reasonable attorneys' fees.
I
Sec. 16. Street Maintenance. Until a street in a plat or subdivision has
Any person who shall violate any provision of this ordinance shall be
Also any person who conveys a lot, tract or parcel in violation of
(c) The person violating this ordinance, or said Section 462.358, Subd. 4b,
Sec. 18. Repealer. Ordinance No. 801 is hereby repealed in its entirety.
156 12/4/89
Sec. 19. Effective Date: Filinq. This ordinance shall be in full force and
effect upon its adoption and publication and, when effective, shall be filed with
City Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
Member Smith made a motion for Second Reading and adoption of Ordinance No.
825430 as follows:
ORDINANCE NO. 825-A30
AN ORDINANCE AMENDING ORDINANCE NO. 825
TO REQUIRE LARGER MINIHUH LOT BREBS AND DIMENSIONS
FOR CERTAIN LOTS IN THE SINGLE DWWG UNIT DISTRICT (R-1)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Subparagraph l(a) of paragraph E of Section 11 (Single Dwelling .. Unit District (R-1)) of Ordinance No. 825 is hereby amended to read as follows:
"(a) single dwelling unit 9,000 square feet;
building provided, however,
if the lot is in a
plat or subdivision
approved pursuant
to Ordinance No. 804
of the City, then the
minimum lot area shall
be the same as
determined for lots
in such plat or
subdivision pursuant
to said ordinance if
greater than 9,000
square feet."
Sec. 2. Subparagraph 2 of paragraph E of Section 11 (Single Dwelling Unit
District (R-1)) of Ordinance No. 825 is hereby amended to read as follows:
"2. Minimum Lot Width.
Single dwelling unit 75 feet; provided,
building however, if the lot
is in a plat or
subdivision approved
pursuant to Ordinance
No. 804 of the City,
then the minimum lot
width shall be the\same
as determined for lots
in such plat or
subdivision pursuant
to said ordinance if
greater than 75 feet."
Sec. 3. Subparagraph 3 of paragraph E of Section 11 (Single Dwelling Unit
District (R-1)) of Ordinance No. 825 is hereby amended to read as follows:
12/4/89 157
"2. Minimum Lot Depth.
Single dwelling unit
building
120 feet; provided,
however, if the lot
is in a plat or
subdivision approved
pursuant to Ordinance
No. 804 of the City,
then the minimum lot
depth shall be the same
as determined for lots
in such plat or
subdivision pursuant
to said ordinance if
greater than 120 feet."
Sec. 4. There is hereby added to paragraph E of Section 11 (Single Dwelling
Unit District (R-1)) of Ordinance No. 825 a new subparagraph 4 as follows:
"4. Minimum Lot Width to Perimeter Ratio. Each lot shall have a
lot width to perimeter ratio of not less than 0.1."
Sec. 5. There is hereby added to paragraph D (Definitions) of Section 3 of
Ordinance No. 825, and inserted in the proper alphabetical order in said
paragraph D, the following additional definition:
"Lot Width to Perimeter Ratio: The quantity resulting from dividing the
lot width by the total lineal feet in the perimeter of that lot".
Sec. 6. Subparagraph 3 of Paragraph T of Section 7 of Ordinance No. 825 is
"3. Non-Conforminp Lots. A: non-conforming lot in the R-1 District
used or intended for a single dwelling unit building shall be exempt from
the width, depth, area and lot width to perimeter ratio requirements of
this ordinance, provided, that said lot:
hereby amended to read as follows:
(a) is not less than 50 feet in width;
(b) (c) has at least 30 feet frontage on a street; and
(d) is not at the effective date of this ordinance, or has not
is not less than 100 feet in depth;
at any time subsequent to such effective date, and has not been at
any time since October 22, 1951, held in common ownership with all
or part of an adjoining lot or parcel which, together, comply with
with the minimum width, depth, area and lot width to perimeter ratio
requirements imposed by this ordinance.
A non-conforming lot heid as of, or at any time subsequent to, the
effective date of this ordinance, or at any time since October 22, 1951,
in common ownership with all or part of an adjoining parcel or lot which
together comply with the requirements of (a), (b) and (c) above, shall not
be decreased in size."
This ordinance shall be in full force and effect upon its passage and Sec. 7.
publication.
ATTEST : W5*UQ? c
Mayor "n?& 7k BAL-
City Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice,Smith, Richards
Ordinance adopted.
Mayor Richards asked how adoption of these ordinances would affect the moratorium
on platting and subdivision of lots in the R-1 District.
the moratorium ordinance is effective to and including the first anniversary of
Attorney Erickson said
158
its effe tive date (D
12/4/89
ember 14. 1988). It will cease t be effective after
December 14, 1989 unless the Council takes action to extend it.
ORDINANCE NO. 825-A32 (TO AILOW PRIVATE CLUBS IN PC-1 DISTRICT) ADOPTED ON SECOND
READING
Allow Private Clubs in the PC-1 District failed for lack of a motion at the
November 5, 1989 Council Meeting.
American Legion Post 471 to relocate to 7070 Cahill Road.
private clubs are only allowed in the PC-2 and PC-3 Districts.
Legion has requested that the Council reconsider and grant second reading of the
ordinance amendment.
Planner Larsen recalled that second reading of Ordinance No. 825-A32 To
The ordinance would have allowed the Edina
He explained that
The American
Appearing on behalf of the Edina American Legion was Bob Schaffer, Commander.
Aadahl, was present to represent the owner of the shopping center where the
American Legion desires to relocate. Mr. Schaffer explained that the Regis
Corporation, which owns the building which they have leased in the past, has plans
to turn that space into offices.
relocate which they could afford.
membership is under 100.
the small shopping center.
owner that the zoning would allow them to relocate there. After moving they found
out that the City ordinance did not allow private clubs in that area and the club
has been closed. He said the American Legion is requesting permission to use that
space for their members to gather and reminisce. They are open, basically, from
4 p.m. to 8 p.m. each day with a meeting on the first Wednesday of each month. He
said they are a low keyed club with approximately 12-15 members coming there each
day.
Lee
They immediately looked for a place in which to
The desired space is located at 7070 Amundson Avenue in
He said they have very few funds as their
Mr. Schaffer said they were lead to believe by the
Mayor Richards asked how much space they will be using.
it is 1100 square feet in the middle building facing Amundson Avenue.
Smith asked if they had an alternative.
any other location where the zoning would allow them to be.
be to close, give any funds back to the American Legion and then join the post in
St. Louis Park. All the members objected to that because most are from the Edina
area.
Mr. Schaffer replied that
Mr. Schaffer said that they cannot afford
The alternative would
Member
He noted that membership is dropping each year.
Member Paulus asked if the City has received any complaints about the club when
they were located at West 50th Street. Also, what risks the City would be taking
in allowing private clubs in the PC-1 District. Mayor Richards said he was not
aware of any complaints about the club.
the problem of opening up that district to other types of clubs by limiting the
size to 2,500 square feet of gross floor area which is consistent with how we
limit other uses in the PC-1 District.
typical V.F.W. operation which would also be inhibited by the City's liquor
ordinance. Planner Larsen said that, in his opinion, the possibility of another
private club locating there is remote and if the American Legion ceased to exist
he expected that the space would go back to retail.
Member Kelly asked if the Edina American Legion still sponsored a baseball team.
John McGovern, Adjutant, said they have the distinction of being one of only two
legion clubs in the state who have had a championship baseball team which was in
1983. He said they hope to continue sponsoring a team and, hopefully, win another
championship.
Planner Larsen said they tried to address
That space limitation would not work for a
Member Rice offered Ordinance No. 825-832 for Second Reading and moved its
adoption as follovs:
ORDINANCE NO. 825-832
AN ORDINANCE AMENDING ORDINANCE NO. 825
TO ALLOW PRIVATE CLUBS IN THE PLBNNED COMMERCIAL DISTRICT (PC-1)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
12/4/89 159
Section 1. Section 16.(B) of Ordinance No. 825 of the City is amended by
"53. Clubs, lodge halls and meeting rooms, offices and other facilities
adding the following principal use:
for non-profit organizations not exceeding 2,500 square feet of
gross floor area."
Sec. 2. This ordinance shall be in full force and effect upon its passage and
publication.
ATTEST : 1" Mayor
Motion for adoption of the ordinance was seconded by Member Paulus.
Member Smith commented that he felt this location had some implications for the
neighborhood and that he could not support the request.
Rollcall :
Ayes: Kelly, Paulus, Rice, Richards
Nays: Smith
Ordinance adopted.
ORDINANCE NO. 1232-A3 (TO INCLUDE REGULATION OF USE OF ALL MTNICIPAL PARKING
FACILITIES) Engineer Hoffman explained that Ordinance No. 1232 needs to be
amended to include regulation of additional ramps within City jurisdiction, ?.e.
Jerry's and Edinborough. Basically, the amendment expands the definition of
parking facilities to include those additional ramps, places the fee structure in
Ordinance No. 171 (Fees & Charges Ordinance) and makes possible the enforcement of
parking restrictions that the Council approved for Jerry's Ramp.
Member Rice moved adoption of Ordinance No. 1232-A3 with waiver of Second Reading,
as follows:
ORDINANCE NO. 1232-A3
AN ORDINANCE AMENDING ORDRJANCE NO. 1232
TO INCLUDE REGULATION OF THE USE OF ALL
MUNICIPAL PARKING FACILITIES AND PROVIDING A PE"Y
I
TIIE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
hereby deleted in their entirety.
follows :
Section 1.
Sec. 2. Section 3 of Ordinance No. 1232 is hereby amended to read as
"Section 3. Exceptions. Permits.
Paragraphs (b') and (c) of Section 2 of Ordinance No. 1232 are
Vehicles identified by a permit sticker issued by the City under this
section may be parked in excess of the time limits, but only in such locations in
municipal parking facilities as shall be designated from time to time by the City
Manager.
convenient for patrons of businesses located in the business area of such
designated micipal parking facilities, except that parking for physically
handicapped employees, as defined in Ordinance No. 1401, may be located in other
places in such designated municipal parking facilities. Locations so designated
for employees shall be posted at all vehicular entrances to each designated
municipal parking facility.
City Manager from time to time shall designate, and shall be issued only to
eligible individuals as determined by the City Manager.
permit stickers issued in a calendar year for a particular municipal parking
facility or group of municipal parking facilities shall be set from time to time
by resolution of the City Council.
to the City Manager on forms provided by the City Manager. Prior to issuance of
each permit sticker, the recipient shall pay a fee as set out in Ordinance NO. 171
and furnish a description of the make, year, body style, color and license number
Locations designated by the City Manager shall be those that are least
Permit stickers shall be issued by such City department or City staff as the
The maximum number of
Persons desiring a permit sticker shall apply
160 12/4/89
of the vehicle to which it is to be fastened and the recipient's place of
employment.
only for the calendar year in which issued. The City shall keep a record of the
permit sticker number and the description of the vehicle.
shall be fastened to the left rear bumper of the vehicle and shall be visible at
all times when the vehicle is parked in such designated municipal parking
facilities. Uhen the vehicle is sold or traded and another vehicle is acquired,
the City, upon application for a new permit sticker for the remainder of the
calendar year, accompanied by a description of the new vehicle and its license
number, shall issue such new permit sticker, without charge, and shovthe old
permit sticker as having been cancelled.
sticker has been issued shall cease to be regularly employed upon the premises
where he or she was employed at the time the permit sticker was issued, the
employer shall notify the City of such fact, and the City shall cancel the permit
sticker of that person.
reserved for physically handicapped persons unless that person is physically
handicapped or operating a vehicle under the direction and for the use of a
physically handicapped person and such vehicle has displayed prominently upon it
an identifying certificate or license plates issued to physically handicapped
persons by the Minnesota Department of Public Safety pursuant to Minnesota
Statutes, Sections 169.345 and 168.021."
Sec. 3. Section 4 of Ordinance No. 1232 is hereby amended to read as
follows :
"Section 4.
misdemeanor which shall be punishable by a fine of not more than $200."
Sec. 4.
and publication.
Permit stickers shall be numbered consecutively and shall be valid I The permit sticker
Whenever a person to whom a permit
No person shall park a motor vehicle in parking spaces designated and
Penalty. Violation of this ordinance shall be a petty
This ordinance shall be in full force and effect upon its passage
ATTEST : Mayor
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
T.TWERICK LANE RESIDENT VOICES CONCERN REGARDING BROWN WATER Leander Lippert, 6600
Limerick Lane, referred to his letter of December 2, 1989, addressed to Mayor
Richards regarding water quality.
fact finding as well as complaining.
their home in June, 1986.
occasionally was brown in color.
part of the City extends from at least West 66th Street to West 68th Street and
occurs on an irregular, frequent basis.
contacting the City Water Department they do not know the source either because
they have given him several alternate explanations.
consider having someone outside of the Water Department to take a look at the
issue.
Lane and West 68th Street that is defective and that the Water Department does not
flush that hydrant.
the issue so that the problem can be resolved.
He said he was appearing as a citizen who is
He stated that his family had moved into
Soon thereafter they began to notice that the water
He said that the brown water problem in that
He does not know the source and on
He asked that the Council
Nr. Lippert said he had also heard that there is a hydrant between Cahill
He concluded by saying he simply wants someone to look into
Mayor Richards asked Engineer Hoffman for his response.
would like to have time to meet with Mr. Lippert to get more details and to get
information from the Water Department concerning watermain breaks, piping,
flushing of hydrants, etc. in that area. He explained that brown water, which
Engineer Hoffman said he
12/4/89 161
basically is iron, is normally caused by jarring the system somehow. Mr. Lippert
said it would be helpful to know in advance when the hydrants will be flushed.
Engineer Hoffman said several cities in the state are putting a chemical into
their water systems to address the iron problem.
Mayor Richards asked Engineer Hoffman to communicate with Mr. Lippert and to bring
back a report on December 18, 1989 if possible as to findings and options for the
Council to consider.
BID AWARDED FOR COLTXCTION OF GARBAGE/REFUSE FOR CITY PROPERTIES Finance Director
John Wallin said that staff had reviewed the bids submitted for the collection of
garbage/refuse for City properties.
seen last year and are expected in the future, together with changing laws in
relation to garbage hauling, staff would now recommend award of a single year bid
for 1990.
contract with the second year being an optional bid.
Due to rapidly changing markets that were
He mentioned that the bid specifications were written for a one year
Motion was made by Member Smith and was seconded by Member Kelly for award of bid
for collection of garbage/refuse for City properties to recommended low bidder,
Browning Ferris Industries, at $5.68 per cubic yard for a one year contract.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
BID AWARDED FOR SCOREBOARDS FOR VAN VALKENBURG PARK Member Rice said he had asked
this item to be removed from the consent agenda because he questioned the
conditions of the contractual agreement whereby Coco-Cola would reimburse the
total price of the scoreboards.
Coco-Cola on the scoreboards and if this has been allowed on other boards. Park &
Recreation Director Kojetin said this has been done on interior scoreboards at
Braemar Arena from time to time. In discussing this with Coco-Cola, Director
Kojetin said the company was not concerned, about putting their name on the
boards.
served at Van Valkenburg Park for a five-year period.
He asked if there would be advertising for
Reimbursement was conditioned on the requirement that only Coco-Cola be
Motion was made by Member Rice and was seconded by Member Kelly for award of bid
for three scoreboards for Van Valkenburg Park to recommended bidder, AIM
Electronics, at $5,336.00 with the total price to be reimbursed by Coco-Cola per
contractual agreement, subject to the condition that no advertisement appear on
the scoreboards.
Member Smith commented that he was concerned about the contract that only
Coco-Cola be sewed at the park for five years.
Ayes: Kelly, Paulus, Rice, Richards
Nays: Smith
Motion carried.
*BID AWARDED FOR FURNACE AT EDINA GOLF DOME
was seconded by Member Smith for award of bid for a replacement furnace at the
Edina Golf Dome to sole supplier, Flanagan Sales, Inc., at $45,610.00.
Motion was made by Member Kelly and
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR EMERGENCY REPAIR OF DEEP WELL #2
and was seconded by Member Smith for award of bid for emergency repair of deep
well#2 to E. H. Renner & Sons at $6,897.00.
Motion was made by Member Kelly
Motion carried on rollcall vote, five ayes.
*YEAR END COUNCIL MEETING SET FOR 12/27/89
was seconded by Member Smith setting Wednesday, December 27, 1989 at 4:30 p.m. at
the Year End.Counci1 Meeting.
Motion was made by Member Kelly and
Motion carried on rollcall vote, five ayes.
162 -
12/4/89
*FEASIBILITY REPORT PRESENTED ON STREET LIGHTING PROJECTS: HEARING DATE SET FOR
12/18/89
petitions for ornamental street lighting as follows:
Street Lighting Improvement No. P-L-3& - Delaney Boulevard from Dewey Hill Road to
Street Lighting Improvement No. P-L-3.3 - Eden Prairie Road from Kaymar Drive to
The City Engineer presented a feasibility report following review of I West 78th Street is estimated at a cost of $8,176.00.
Blake Road is estimated at a cost of $4,907.84.
Motion was made by Member Kelly and was seconded by Member Smith for adoption of
the following resolution:
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
STREET LIGHTING IMPROVEMENT NOS. P-S-L-33 AND P-S-L-34
1.
the feasibility of the proposed Street Lighting Improvements described in the form
of Notice of Hearing set forth below, and as to the estimated cost of such
improvements, said report is hereby approved and directed to be placed on file in
the office of the City Clerk.
2. This Council shall meet on Monday, December 18, 1989, at 7:OO p.m. in the
Edina City Hall, to consider in public hearing the views of all persons interested
in said improvements.
3.
place and purpose of said meeting to be published in the official newspaper once a
week for two successive weeks, the second of which publication is to be not less
The City Engineer, having submitted to the Council a preliminary report as to
The City Clerk is hereby authorized and directed to cause notice of the time,
than three days from the date of said meeting, and to
properties in substantially the following form:
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
NOTICE OF PUBLIC HEARING
mail notice to all affected
ORNAMENTAL STREET LIGHTING IMPROVEMENT
The City Council will meet at the Edina City Hall on Monday, December 18, 1989 at
7:OO p.m., to consider the following proposed improvements to be constructed under
the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of
said improvements are estimated by Hennepin County and the City as set forth
below:
NOS, P-L-33 (EDEN PRAIRIE RD & P-L-34 (DELBNEY BLVD)
Eden Prairie Road from Kaymar Drive to Blake Road
0-AL STREET LIGHTING Estimated Cost
IHPROVEKENT NO. P-L-33 $4,907.84
Delaney Boulevard from Dewey Hill Road to West 78th Street
IMPROVEMENT NO. P-L-34 $8,176.00
STREET LIGHTING Estimated Cost
The areas proposed to be assessed for a portion of the cost of proposed
improvements includes:
Under Improvement P-L-33:
Lots 4 thru 7, Block 1, Jones Knolls Addition; Lots 9 thru 13, Block 2, Valley
Park Addition; Units 101 thru 110 and 201 thru 210, Parkwood Manor Addition,
Apartment Ownership No. 189, Parkwood View Condo, Units 11 thru 17, 21 thru 27,
and 31 thru 37, Whitehall Addition, Apartment Ownership No. 76, Whitehall, a
Condominium, and Units 101th 110 and 201 thru 210 Parkwood View Addition,
Apartment Ownership No. 190, Parkwood Manor, aka R.L.S. No. 1081, Tracts A, B
and C.
These properties are proposed to be assessed at an estimated cost of $71.13 per
assessable unit or lot.
Under Improvement P-L-34:
Lots 1 thru 3, Block 2, Smisek Addition; Units 1OlA thru 123A, 20lA thru 2238,
30lAthru 3238, lOlB thru 123B, 201B thru 223B, 301B thru 323B, lOlC thru 123C,
201C thru 223C, 301C thru 323C, Apartment Ownership No. 99, Uindwood Edina
12/4/89 1'6 3
Condominium, aka Lot 1, Block 1, Smisek Addition; and Lots 1 thru 6, Block 1.
Pondwood Addition.
These properties are proposed to be assessed at an estimated cost of $38.03 per
assessable unit or lot.
Marcella M. Daehn, City Clerk
Motion carried on rollcall vote, five ayes.
RESOLUTION ADOPTED AMENDING CONTRACT WITEI BPI RECYCLING
Janet Chandler stated that BFI Recycling has proposed to provide weekly recycling
collection for 323 townhomes at a monthly cost of $1.90 per unit. Containers will
be delivered by BFI with no delivery charge. The supply on hand is sufficient to
provide containers for the townhomes with a remainder of 200 for future
replacements.
City and one from BFI and support of the owners associations will be sought.
Recycling Coordinator
Two flyers will be distributed with each container: one from the
Coordinator Chandler explained that recycling service has been provided to over
100 townhome units since early in the recycling program. This occurred because
the BFI drivers mistook the townhomes for duplexes which were included in the
contract.
start upon approval by the Council.
Billing for service to the townhomes would not be retroactive but would
Assuming the
estimated to
Monthly
Yearly
Member Kelly
WHEREAS, the
current County funding
be :
Total Cost
$ 613.70
7,364.40
made a motion to adopt
policy remains unchanged, the added costs are
County Funding Edina Net
$ 490.96 $ 122.74
5,891.52 1,472. a8
the following resolution:
RESOLUTION
,City of Edina (City) has entered into an agreement dated the 19th day
of June, 1989 with BPI Recycling Systems of Minnesota, Inc. (BPI) to provide for
weekly collection of recyclables in the Single Dwelling Unit District and Double
Dwelling Unit District of the City, and
WHEREAS, BPI has made a proposal to provide weekly recycling collection for 323
townhomes at a monthly cost of $1.90 per unit;
NOW, TEFEREFORE, BE IT RESOLVED that the Council of the City of Edina hereby
approves an amendment to the agreement to provide this additional service and
directs and authorizes the Mayor and Manager to execute the amendment to the
agreement.
Motion for adoption of the resolution was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*RESOLUTION ADOPTED APPOINTING AGENTS OF EDINA COMMUNITY HEXLTH BOARD Motion was
made by Member Kelly and was seconded by Member Smith for adoption of the
following resolution:
RESOLUTION APPOINTING AGENTS OF !L'HE
EDINA COMMUNITY HEALTH BOARD
BE IT RESOLVED by the City Council (Community Health Board) of the City of Edina,
Minnesota, pursuant to its authority under Minnesota Laws 1987, Chapter 309, that
it hereby appoints and authorized the following persons to act on the Board's
behalf and bind the Board for the following purposes:
To serve as the Board's agent according to Minnesota Laws 1987, Chapter 309,
Section 4, Subd. 2, in communicating with the Commissioner of Health between
Board meetings, including receiving information from the Commissioner and
disseminating that information to the Board, as well as providing information
to the Commissioner on the Board's behalf.
Name : David A. Velde
Address: 4801West 50th Street, Edina, MN 55424
164 12 14 I89
Phone: (B) (612) 927-8861
(H) (612) 561-4009 I To sign and submit to the Commissioner the prepared Community Health Plan and
revisions to the plan submitted according to Minnesota Laws 1987, Chapter 309,
Subd. 5 and 6.
To
to
to
To
Name : Kenneth Rosland
Address: 4801 West 50th Street, Edina, W 55424
Phone: (B) (612) 927-8861
(H) (612) 831-5910
sign and submit to the Commissioner the Board's annual budgets, revisions
the budget, expenditure reports and activity reports submitted according
Minnesota Laws 1987, Chapter 309, Section 10, Subd. 6 and 8.
Name : David A. Velde
Address: 4801West 50th Street, Edina, MN 55424
Phone : (B) (612) 917-8861
(H) (612) 561-4009
sign and execute on behalf of the Board, delegation agreements with the
Commissioner of Health in accordance with Minnesota Laws 1987, Chapter 309,
Section 7.
Name : Kenneth Rosland
Address: 4801West 50th Street, Edina, MN 55424
Phone: (B) (612) 917-8861
(H) (612) 831-5910
ADOPTED this 4th day of December, 1989.
Motion carried on rollcall vote, five ayes.
SOUTH HENNEPIN HUMAN SERVICES COUNCIL STAFFING AND BUDGET DISCUSSED
gave an update on the current status of the South Hennepin Services Council
(SHHSC) as follows.
Board had a special meeting to deal with that.
that another of the three fulltime employees will also be on medical disability.
The result is that SSHSC will be short funds for the current budget year. Also,
at some time next year the City may have to consider going into contingencies to
try to balance the SHHSC budget.
task force, comprised.of individuals from the four cities, will be interviewing on
Saturday, December 9 for the position of temporary director for SHHSC.
Member Kelly
Director Larry Oppold is on medical disability and the SHHSC
At the meeting the Board was told I
Member Kelly said she and other members of a
During the Board's review of the 1989 budget it was observed that the food surplus
program will be over budget by $1,200. A member of the board suggested that the
representatives go back to each of the four cities in an attempt to make up that
amount by the end of the year.
suggestion was made to appeal to civic organizations.
The share for each city would be $300 and the
Member Kelly said that, in looking at the 1990 SHHSC budget, the City of Edina is
making a lesser contribution that the other cities.
based on a per capita basis.
At the December meeting the SHHSC Board will consider a contract for the REM
negotiated that would provide rent free space for SHHSC if they do a few things
like trying to encourage other tenants, etc. She said that the other three cities
are very much in agreement with this and that Manager Rosland has met with REM and
the mayors of the other cities regarding the contract.
was somewhat apprehensive about that commitment.
Following considerable discussion, the majority consensus was that no commitbent
should be made that would bind the Edina City Council to spend moneys in excess of
that already budgeted for SHHSC without the prior approval of this Council.
In previous years it has been
She said that was also of concern to her.
- building (Northgate School) for a human services center. A contract has been
Personally, she said she
12/4/89 165
Member Paulus made a.motion that staff draft a letter, to be signed by Mayor
Richards, to be sent to the members of the SEIHSC Board setting forth the Council's
position relating to financial matters of SHHSC.
Smith .
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Motion was seconded by Member
FIRST COUNCIL MEETING DATE OF JANUARY 2 CONFIRMED Ceil Smith, Assistant to
Manager, confirmed that the first Council Meeting in January has now been
scheduled for Tuesday, January 2, 1990.
CLAIMS PAID
payment of the following claims as per pre-list dated 12/4/89: General Fund
$209,145.24, Communications $1,245.24, Art Center $2,347.08, Golf Course Fund
$4,513.96, Recreation Center Fund $17,068.27, Edinborough Park $10,792.06, Utility
Fund $247,381.48, Storm Sewer Utility $176.54, Liquor Dispensary Fund $9,276.52,
Construction Fund $325.00, Total $502,271.27.
Motion carried on rollcall vote, five ayes.
Motion was made by Member Kelly and was seconded by Member Smith for
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 9:20 p.m.
City Clerk