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MINUTES
OF THE REGmBR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALT.,
FEBRUARY 5, 1990
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
S25.000 CHECK PRESENTED FROM NINE-MILE CReW: WATERSHED DISTRICT
Manager of the Nine-Mile Creek Watershed District, presented the City with a
$25,000 check towards expenses incurred for damages during the July 1987
rainstorm.
cities within the district.
been established to assist cities.
positive working with the City of Edina who is environmentally conscious to enact
some flood storage and recreation programs.
mitigated a lot of damage that could have occurred in the 1987 storm.
partnership has been an amicable and productive partnership for more than 25
years, and they hoped it would continue.
Nine-Mile Creek Watershed District was very instrumental in the development of
Bredesen Park, the Braemar area and the County Road 18 floodplain area. On behalf
of the City of Edha, he extended thanks to the Nine-Mile Creek Watershed District
Board.
Helen McClelland,
She explained that in 1977 there were no funds available to assist the
Since that time a maintenance and repair fund has
Ms. McClelland commented that it is very
The Board believes these programs
This
Mayor Richards commented that the
CONSENT AGENDA ITEMS ADOPTED Motion vas made by Member Smith and vas seconded by
Member Rice to approve and adopt the consent agenda items as presented with the
exception of the removal of items V1I.B. & C. - 3.2 Beer On-sale License - Edina
American Legion and Appointment of Assistant Weed Inspector.
.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried. I
*MINUTES OF REGULAR METING OF JANUARY 22. 1990 APPROVED
Member Smith and vas seconded by Member Rice to approve the minutes of the regular
meeting of January 22, 1990.
Motion vas made by
Motion carried on rollcall vote, five ayes. -
DECISION OF BOARD OF APPEAIS UPHELD: LOT COVERAGE VARIANCE FOR LOT 6, BLOCK 1,
PARKWOOD KN0LT.S 17TH ADDITION (6620 FIELD WAY) DENIED Planner Phil Dommer
presented the appeal of Sather Companies to the Board of Appeals decision of
December 7, 1989 for denial of a lot coverage variance for Lot 6, Block 1,
Parkwood Knolls 17th Addition. He explained that the Zoning Ordinance permits
buildings to cover up to 25% of the area of the lot. In this case, the owners
desired to cover the limit plus an additional 2.5%. The entire addition accounts
for approximately 860 square feet. Approximately 486 square feet is permitted
within the ordinance; therefore, 376 square feet or 2.5% is in excess of what the
ordinance allows.
testimony, and unanimously recommended denial.
Steve Sather, Sather Companies, 7920 Powell Road, Minneapolis, spoke on behalf of
the proponents, Stephen and Julie Dannewits.
to Council Members and staff.
garden room type addition, technically not heated, with deck area on three sides.
The room addition and a portion of the deck does meet the intent of the Ordinance.
A portion of the deck does go beyond the intent of the ordinance . He pointed out
that behind the garage there is a concrete area that that they wish to remove and
replace and upgrade it with a paver patio on-grade.
The Board of Appeals reviewed the variance request, heard
He offered blueprints of the project
Mr. Sather said that the project is a seasonal
I Mr. Sather presented a
2/5/90 213
document signed by surrounding neighbors stating they understand what the project
is and have no objection.
the ordinance is in place so that lots are not overbuilt.
looking at patio area.
whether the patio area could be excluded or the plans modified.
the addition is designed to be an outdoor room.
that is open and all glass to enjoy the setting.
door walls, the project must be decked on all sides. Also, they are trying to
make the room flow well. The addition meets all the setback requirements, ahd
they feel that given that it a patio area, the deck area that is over the lot
coverage isn't an obtrusive structure. It is enhancing the property and those
around it, and is being done with high quality materials.
the spirit of the ordinance in looking at 2.5% is not an unusually large request.
Mr. Sather said they feel the function of the Board of Appeals is to look at a
situation that is reasonable and find a way to make it work.
of some of the recent problems that the City has had with some decisions on
granting variances and he would hope those would not impact this situation.
Member Smith questioned the dimensions that would be within lot coverage.
Dommer said that both the 256 square foot addition and a 228 square foot deck are
permitted within the ordinance.
Mr. Sather said he and the proponents understand that
But in this case we are
The question was raised at the Board of Appeals meeting
He argued that
Their desire is to have a room
In so doing, as with all patio
I
They do not feel that
He said he was aware
Planner
Member Paulus asked about the percentage of people who complete projects and at a
later date add on a deck without a permit and questioned whether this is a case
where a homeowner is being punished because they are being up front. Planner
Dommer responded that there are no statistics on such projects but that it does
happen. He said it is the homeowner's obligation to meet the ordinance
requirements.
coverage variances have been consistently denied by the Board on large lots since
1984 when the ordinance was last reviewed." She asked if that statement is
intended that, because of the consistency, if the Council votes in favor of this
it would start an inconsistency. Planner Dommer said he believed that variances
by their nature are reviewed on an individual basis, but our history has been that
large lots do not have unique circumstances to warrant a variance.
inquired about the safety aspect of this proposed project requiring a deck.
Planner Dommer stated that an indoor railing could be installed for the floor to
ceiling glass and therefore no deck on the outside would be needed.
commented that she had a real problem with this case.
the law, we deny the variance.
honest and responsible.
Member Paulus referred to the staff report statement that "lot
Member Paulus
Member Paulus
However, she believed that the homeowner was being
If we uphold the letter of
$ Member Smith commented that, hopefully, homeowners are forthcoming with their
project plans.
felt that the deck could be redesigned to get the project done.
that the project could be built with a deck that conforms to the allowed lot
coverage by simply running a catwalk around the structure.
functional purpose but would not accomplish the openness and flow of the project
down to the patio area.
He said that looking at the plans for the proposed addition he
Mr. Sather stated
That would serve a
Member Smith moved to uphold the decision of the Board of Appeals to deny the the
2.5% lot coverage variance for Lot 6, Block 1, Parkwood Knolls 17th Addition. A
second to the motion was made by Member Rice.
Rollcall :
Ayes: Kelly, Rice, Smith, Richards
Nays: Paulus
Motion carried.
214 2/5/90
NO ACTION TAKEN ON REQUEST TO REBI;U)CATE SPECIAL ASSESSNENTS ON VERNON COURT
PROPERTY Steve Wilson, Schaefer Development and Construction Ltd., St. Cloud, MN,
said he was here to discuss a proposal on property in Edina owned by Robert
Hanson. Proposals for the development of the property have been before the
Council several times; one for a 15-unit townhouse development in 1987 and the
other for a five lot split to be developed into 10 twin homes. Neither of those
proposals were brought to fruition by the developers and it is a piece of property
that has been troublesome. Mr. Wilson recalled that in 1983 there was a request
by Mr. Hanson to improve the property with the installation of utilities and the
construction of Vernon Court. Along with that the property took back a large
special assessment levied specifically against his property since the benefit was
only being derived by one side of the roadway.
specials were levied against only one side of the road and the fact that, in his
opinion, they were put in prematurely prior to a development that did have a good
chance of success, Mr. Wilson said the amount of the assessment now is
considerable and is in excess of $200,000.
Mr. Wilson proposed a plan with regard to the special assessments that would take
the one lump special assessment, which in a typical platting process would have to
be paid off in the platting, and spread it out over the 12 lots so that as the
lots then develop the special assessment would be paid (1/12th at a time). The
rationale would be that it has been a troubled property, payments have not been
coming back to the City, the City is currently owed a large sum of money for those
specials and this solution would allow the property to be developed, marketed, and
the City paid back the moneys expended to date.
not for formal consideration but for Council to authorize and direct the staff to
enter into discussions with Schaefer Development and him over the allocation of
the assessments and how they would be spread over the lots and to come up with an
agreement that could be presented to the Council for formal action.
Member Paulus asked Attorney Erickson if the assessments were to be put on the 12
lots rather than the one parcel would it be just for this particular project or
would it stand this way for the remaining years. Attorney Erickson stated that,
as he understood the proposal, the $200,000 would be allocated 1/12 over each of
the lots and the assessments would be paid as they are developed, presumably when
the City grants a building permit.
assessments would be payable over an agreed upon short assessment period.
similar situation would be when new developments come on-line where we have
development contracts for public improvements which are then assessed and payable
in 1-3 years. If they are not paid by virtue of the development, they are paid
then on the annual 1-3 year installment basis. Member Paulus asked Mr. Wilson if
if he was still looking for no time restrictions but wanted it open-ended on the
lots.
recommendation to the City would be to not have this open-ended, but to have a
payment schedule included like normal assessments are handled and if not paid the
land goes forfeit. Mr. Wilson stated that if it comes to the point of creating a
a definite timeline by which the specials need to be paid he would like to at
least have that as an option in the negotiations.
paid in one year he would have trouble with that, but if it could be extended to a
3 - 5 year period of time that would be negotiable.
Mayor Richards commented that he would not support the proposal and would urge
that staff not be given direction to negotiate. There has been a time honored
process as to how property is developed in the City and this would give
recognition in effect to a zero lot line proposal. He said he felt this is
premature and the process seems to have worked in the past.
difficult piece of property to develop, there must be a reason but that does not
I
Because of the fact that the
Mr. Wilson said his request was
I
If a permit is not issued, presumably then the
A
Mr. Wilson stated that was correct. Attorney Erickson said his
He added if they need to be
If this property is a
2/5/90 215
make it the.City’s problem.
would lose our flexibility to collect the $200,000.
He -said he felt the City should not do anything that
Member Kelly said she was generally in agreement.
has been in default and when the City would take over the property.
Dommer said he believed it has been in default since 1983.
stated that the property has gone delinquent, the prior owner bought it back on a
repurchase contract with Hennepin County and that is now delinquent.
procedure would be for the County, if it continues to be delinquent, to cancel the
repurchase contract.
to other parties.
the special assessments back. Attorney Erickson explained that the County
processes any failure and also processes the options of property owners to
repurchase it and pay again. That process is going on now and eventually if not
paid it will become tax-forfeited at which time it will come before the Council as
to disposition (e.g. acquire for public purpose, etc.)
Mayor Richards said that if the development is to go forward the City’s procedures
must be followed and that presumably Mr. Wilson has a sense of where the Council
stands on the property. No formal action was taken.
She asked how long the property
Planner
Attorney Erickson
The
It would then be owned by the County and available for sale
If the property is resold the City should get all or some of
*HEARING DATE OF 2/20/90 SET FOR PLANNING MATTERS
and was seconded by Member Rice to set February 20, 1990, as hearing date for the
following Planning matters:
1)
Dwelling Unit District - Lots 1, 2, and 3, Block 2, Smisek Addition
2) Lot Division - Lots 1, 2, and 3, Block 2, Smisek Addition
3) Attached Residential - Lots 1, 2, and 3, Block 2, Smisek Addition.
Motion was made by Member Smith
Preliminary Rezoning - R-1 Single Dwelling Unit District to R-2 Double
Amendment to the Comprehensive Plan - Single Family Residential to Low Density
Motion carried on rollcall vote, five ayes.
FIRST READING GRANTED FOR ORDINANCE NO. 1221-A2. MODIFYING REOUIREMENTS OF HEWBERS
TO THE PARK BOARD Mayor Richards explained that at the January 22, 1990, Council
Meeting, the Council approved the Park Board’s recommendation to eliminate the
requirement that a Planning Commission member serve on the Park Board and that a
resident of the community be appointed instead,
Council, Attorney Erickson has drafted an amendment and if adopted, a resident
will need to be appointed to the Park Board to replace the Planning Commission
member position.
Under the direction of the
Member Smith introduced Ordinance No. 122142 for First Reading as presented and
on file in the office of the City Clerk.
Member Kelly.
Rollcall:
Ayes: Kelly, Paulus, Rice, Smith, Richards
First Reading Granted.
Motion for First Reading was seconded by
*BID AWARDED FOR SANITARY SEWER LIFT STATION REMODELING
Smith and vas seconded by Member Rice for award of bid for remodeling of Lift
Station #9 located on Warden Avenue to recommended low bidder, Orr Construction,
at $64,700.00.
Motion carried on rollcall vote, five ayes.
Motion was made by Member
*BID AWARDED FOR PUMP AND WEIL RENOVATION
seconded by Member Rice for award of bid for the renovation of Wells x8, #12, #16
to recommended low bidder, Iayne MIinnesota, at $22,692.00.
Motion was made by Member Smith and was
Motion carried on rollcall vote, five ayes.
216 2/5/90
*BID AWARDED FOR STREET SWEEPER Motion vas made by Member Smith and vas seconded
by Member Rice for avard of bid for the purchase of a street sweeper to
recommended lov bidder, Boyum Equipment, Inc., for $83,472.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR WATER TREATHE" PUNT REPAIR Motion vas made by Member Smith and
vas seconded by Member Rice for award of bid for repairing Water Treatment Plant
#Pi to recommended lov bidder, Flo-Covery Systems, in the amount of $14,083.41.
Motion carried on rollcall vote, five ayes.
(Member Kelly left the meeting during discussion of the following agenda item.)
S0U"KDAIX POLICE OFFICER DISCUSSION HELD. DECISION TABLED TO 2/20/90 MEETING
Manager Rosland stated that the matter of a Southdale police officer had been
discussed before the Council on two previous occasions.
introduction of Southdale's proposal for hiring of a police officer that would be
assigned to Southdale to assist them with their policing responsibilities. As
directed by the Council, staff had prepared a report regarding private funding of
a public safety service but it was the Council's decision not to hire a police
officer to be assigned to the Southdale area.
The first was
Manager Rosland said he would like to plead a slight case from his management
position and also from a policing point of view. He submitted the following:
1) Southdale could be policed stronger and it would allow for some of the present
officer time to be utilized on the street or in other areas.
health and welfare of police officers.
relegated to squad cars for 20-30 years. The hope would be to move officers in
and out of squad cars for 6 months or a year so they would have opportunities to
work in other areas, such as the drug officer who is appointed for about a year.
The attempt would be to keep the police force active and avoid burnout especially
in the older officers that are responding mainly to medical cases, etc.
2) Concern for the
Currently it is possible that officers are
I
David Hendy, Manager of Southdale Center, observed that Southdale has grown
dramatically, with increased parking ramps, number of stores, and tremendous
growth around the area at the Galleria, Centennial Lakes, and the hospital ramps.
There is now a need for an Edina police officer to handle the increase that is
coming with the growth in the area. He made these observations: 1) The Southdale
security officers could do a much better job, and 2) We need to look at the safety
of the people who shop at Southdale, many of whom are Edina residents, in an
effort to continue their comfort level. Mr. Hendy stated that Southdale Center is
willing to fund $35,00O/year for an officer that would help the public, the
security officers and also support the Edina police force.
Member Rice asked for a brief review of past discussions and asked who would have
control of the officer.
staff report provided at the November 6, 1989 meeting.
included continued analysis and negotiation with the Center Companies and to
encourage their considering funding two officers.
could hire parttime officers to provide police visibility.
around privatizing the service.
the non-governmental agency do that particular service. In this proposal the
Police Department would be doing this service; however, it would be funded by
private industry.
the study, could be overcome.
philosophical question if it is funded that way or not.
would under the Edina Police Department.
Chief Swanson referred to the executive summary of his
The recommendations
In lieu of that, Southdale
The question revolved
For years we have tried to privatize by having
The problems that could occur such as supervision, mentioned in
The management of the officer is+a more
Control of the officer
Chief Swanson stated that he supported
2/5/90 217
the comments
officers in,
Member Smith
made by the City Manager in terms of having alternatives to place the
making it a healthy environment.
questioned what the burden costs would be besides salary, and squad
car and recalled that it would be approximately $60,000.00 per officer per shift.
Chief Swanson responded that $60,000 is close. Minimum salaries have been raised
since the $35,000 figure was calculated at a $23,000 base salary plus a 30% factor
for benefits. The central services support, meaning automobiles, liability
insurance, etc., could be absorbed by the current Police Department budget. The
Department would be able to assign an additional person and provide equipment for
that person on a day to day basis without further costs.
the issue of how far the City can go in carrying out requests of this type for
services and should we be in mall areas. Chief Swanson said critics could raise
the issue regarding whether a neighborhood could come in and ask for the same
service as long as they could fund it.
Member Paulus asked if Southdale holds the highest amount of crime for any
geographical area in Edina.
asked if the City were to enter into this agreement with Southdale would there be
a time limit?
not work the service would not be extended beyond such time as a retirement took
place so in reality there would not be an extra officer on the police force.
Member Paulus also asked why the patrol established in the 1970’s for Southdale
was eliminated.
Edina because it had become difficult to supervise that entity.
was different than the current proposal.
was deterring from the Police Department’s ability for rapid response to other
parts of the City.
and respond to Southdale the same as for the 50th & France and Grandview areas.
Manager Rosland commented that a similar precedence is at the 50th and France
commercial area where a City employee performs all the maintenance and the City
bills them for that service through a yearly assessment.
Member Smith also raised
Chief Swanson answered that it was tenfold. She also
Manager Rosland said Chief Swanson and he had agreed that if it did
Chief Swanson explained that it was eliminated by the City of
Also, the concept
Although it was an efficient service, it
The decision was then made to remove the unit from Southdale
Member Rice asked Mr. Hendy if he had a clear understanding of what would happen
if this plan was implemented and that the Southdale officer would be under the
direction of the Edina Police Department and not the Southdale security staff. Mr.
Hendy stated that if the Police Chief ordered the officer while on duty to the
Galleria or the hospital or other Southdale areas that would be thoroughly
understood.
Southdale property where the Southdale security officers could not pursue because
they are not allowed to leave ehe property.
pursue off the Southdale property which would be an advantage.
commented that the Manager‘s recommendation and Chief Swanson’s response that
crime is tenfold at Southdale are persuasive, along with it being open-ended and
the officer being under the Police Department’s control, and that it may be worth
a try again.
Mr. Hendy said there have been many instances of criminal activity on
A police officer could continue to
Member Rice
Member Smith inquired whether this would be considered a duty station?
Swanson said not all the job details have been worked out. Generally speaking
there would be need for that person to have contact here regarding paper work,
etc. The majority of the hours worked would be in and about Southdale.
Member Paulus asked if we would be inundated with other similar requests, e.g. a
paramedic at 7500 York, etc.
staff because groups can come up with the funding and want a person hired.
Chief
She expressed concern that we could get heavy on
21% 215 /go
Mayor Richards commented that the job of local government is to provide
traditional services to the residents. He said he was concerned that this would
move us away from the Council setting the policy for the City.
issues are being confused: 1) Hiring a police officer for Southdale and 2)
Management of officers in responding to the Southdale area.
not support the proposal just because someone is offering funding.
I Also, that two
He indicated he would
After further discussion, Mayor Richards said this is an important issue that
needs further reflection because of the implications and questions that have been
raised.
action.
He suggested that it be continued to the February 20, 1990 agenda for
Craig Weisman, security supervisor at Southdale, commented that he has been at
Southdale for eight years and that he needed help however it can be worked out.
(Member Kelly rejoined the meeting at this point on the Agenda.)
ON-SALE BEER LICENSE FOR EDINA AMERICAN LEGION APPROVED
that the Edina American Legion has relocated to 7070 Amundson Avenue.
to ordinance requirements, licenses cannot be transferred. The American Legion
has made application for a 3.2 on-sale beer license at their new location, the
Police Department has reviewed the application and approval was recommended.
Manager Rosland recalled
According
Member Smith said he had asked this to be removed from the consent agenda.
noted that in the Council packet was a letter from the Bassinger School of Music
announcing their move to Amundson Avenue.
license being issued in the same area as the school. Member Smith asked if TJ's
restaurant have a beer license.
the grocery store in the same area has an off-sale beer license.
Motion was made by Member Rice for approval of issuance of a 3.2 on-sale beer
license to the Ed* American Legion at 7070 Amundson Avenue.
by Member Paulus.
He
He voiced some concern about the beer
City Clerk Daehn said they did and mentioned that 'I
Motion was seconded
Rollcall :
Ayes: Kelly, Paulus, Rice, Richards
Nays: Smith
Motion carried.
APP0I"T OF A!3SISTBNT WEED INSPECTOR DISCUSSED. CONTINUED TO 2/20/90 Manager
Rosland explained that Hennepin County has advised that the Assistant Weed
Inspector for the City of Edina should be appointed prior to March 1, 1990. Dr.
Eugene Davis has served as assistant weed inspector for the City for many years
and is again interested in being appointed.
Member Smith said he had asked this to be removed from the consent agenda because
he had questions about what this person does, what he is paid, and what are the
costs.
property that is in violation of the ordinance concerning weeds and height of
grasses and responds to complaints from residents.
the assessment process.
compensation for this position is between $5,000-6,000 and is a contracted
employee without benefits.
Mayor Richards commented that weed inspection is a program that is mandated by the
legislature to the cities without the necessary financial backup.
inquired whether it could be folded into another job within the City and not
Manager Rosland explained that the assistant weed inspector checks for
He is paid generally through
Park & Recreation Director Kojetin said the annual
Member Smith
2/5/90 219
expand the role of employees.
in the summer to handle this job with regular employees.
Mayor Richards directed staff to bring back a report on all aspects of the
assistant weed inspector's position to the meeting of February 20, 1990.
formal action was taken.
Manager Rosland stated that there would be no time
No
ACTION ON TU FORFEITED LAND CONTINUED TO 2/20/90
Recreation, informed the Council that a staff committee had studied the six
parcels on the Hennepin County List 741-NC of tax forfeited land.
statue the City can request any of the following: 1) Approve the parcel(s) for
public auction, or 2) Approve the parcel(s) for adjacent owner auction, or 3)
Request conveyance to the City for public use without monetary consideration, or
4) Request that certain parcels be withheld from public auction for one year.
The committee recommended that the City acquire the following four parcels:
1.
2. Acquire access off of Dewey Hill Road - ID#08-116-21-32-0066, Reason: To give
3.
4. Acquire triangle on Northwood and Dundee Road - ID#29-117-21-34-0046, Reason:
Bob Kojetin, Director of Park &
Per state
Acquire property for park purposes adjacent to Pamela Park -
ID#19-028-24-42-0122, Reason: Contiguous to Pamela Park
access to the flood control area and access to lake.
Acquire corner property off of Dewey Hill Road and Delaney Blvd. -
ID#08-116-21-42-0215, Reason: For open space.
Majority of triangles are owned by the City and presently maintain the
property.
The committee recommended that the following two parcels be approved for adjacent
owner auction:
5. Grove Street and Arbor Avenue - ID#32-117-21-31-0003
Reason: Restrict sale to the adjacent land owners who are presently
maintaining property.
Mayor Richards asked if the adjacent properties could come in and request a
subdivision if the parcel were attached to either of the adjacent properties.
Also whether the City could request the county to place a restriction on the
adjacent properties that they could not apply for subdivision of their property if
they acquired the tax forfeit parcel.
the county would agree to do that.
Attorney Erickson said it is unlikely that
6. Delaney Boulevard adjacent to Dewey Hill Condominiums - ID#08-116-21-42-0214
a) Request a restricted sale to adjoining owners only (i.e. three adjoining
condominium associations - Dewey Hill East, Pondwood and Windwood. The
County would appraise the property and establish a minimum bid.
Allow sale on the open market.
special assessments.
Acquire for park purposes provided that adjoining condominiums pay all
costs .
Director Kojetin said that this is a large piece of property on which there are
unpaid special assessments of approximately $155,000.00.
explained that the specials are for Delaney Boulevard and the storm water district
in the southwest area of the City. The specials were levied evenly over the Dewey
Hill Estates development.
Alternatives:
b) c) Acquire for park purposes.
d)
City would be required to pay outstanding
Engineer Hoffman
226 2/5/90
Mayor Richards asked if the developer has relinquished their development rights by
letting this parcel go tax forfeit. Assistant Manager Hughes commented that the
development plan (approved 41 units) and the zoning for this site will stay in
place regardless of the tax status. Mayor Richards questioned whether anyone who
picks up that can come in and put in 41 units and the least they will pay for that
is the $155,000 of specials against that property. Assistant Manager Hughes said
that his understanding of the process is that the county does an appraisal and
would offer it at a minimum to adjoining owners or whomever with a minimum
appraised value in mind that attempts to reflect market.
mentioned that if the county sets a price on it that is less than the City's
special assessments the net proceeds of the sale is allocated out qmong the taxing
authorities and the City would not recover the specials.
when this forfeiture had to be acted upon.
came out in early December and that the Council would need to take action within
90 days.
B I
Attorney Erickson
Mayor Richards asked
Clerk Daehn stated that the notice
City Assessor Johnson clarified that the original special assessments were
approximately $64,000.
penalties, taxes and special payments is $126,000 with a balance payable of $6,200
and a tax bill with another estimated installment of specials of $22,000 for 1990.
Of the approximate $155,000 the specials with interest on this property are
approximately 40% of the total.
parcel like this, generally the county does not come in with a minimum bid of an
amount less than what is going against it.
and then the property will go in a for sale book that you can walk in and buy it
across the counter.
offered at a later date where we could force the sale and wind up with something
less.
interest and penalties would come in inferior to the special assessments.
Mayor Richards then posed the following question. If the City were to acquire it
for legitimate public purposes such as open space, and the purpose would change
legitimately in say two, three or five years time, i.e. in the judgement of the
Council it no longer serves that public purpose, would the City be free to do what
it wants with that property. Attorney Erickson opined that if the City acquired
it for a public purpose and later decided it is no longer needed for that public
purpose the City would have to turn it back to the state or they would take it
from us by forfeiture.
been outlined.
be repurchase by the owner.
Following further discussion on parcels #5 and #6, Member Paulus made a motion to
refer parcels #5 and X6 back to staff for further information and recommendation
as to options and moved adoption of the following resolution:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina that the City Attorney be
authorized and directed to file "Application by Governmental Subdivision for
Conveyance of Tax Forfeited Lands", for the following described properties
contained in Hennepin County Auditor's List "741-NC", said properties to be used
by the City as hereafter set forth:
Property ID 08-116-21-32-0066 - Open space and access to flood control area
Property ID 08-116-21-42-0215 - Open space and vater retention area.
Property ID 29-117-21-34-0046 - Open space.
Property ID 19-028-24-42-0122 - Public park.
The total delinquency including all the interest,
He added that, in the first public sale on a
This sometimes results in a no sale
Typically it still does not sell and will probably will be
Special assessments have first call on any proceeds so that the taxes,
It will then go on and follow the sale process that has
Assessor Johnson said that another thing that could happen would
and lake.
ADOPTED this 5th day of February 1990.
Member Smith made a second to the motion.
2/5/90 221
Rollcall :
Ayes : Kelly, Paulus , Rice, Smith, Richards
Resolution adopted.
*PETITION FOR SIDESTALK - WEST 42ND STREET BETWEEN OAKDALE STREET AND FRANCE AVENUE
REFD TO ENGINEERING
Rice to refer the petition for a sidewalk on West 42nd Street between Oakdale
Street and France Avenue to the Engineering Department for processing.
Motion was made by Member Smith with a second by Member
Motion carried on rollcall vote, five ayes.
LETTW RECEIVED REGARDING TELECASTING OF SENATE SESSIONS - Mayor Richards reported
that he had received a letter from Jon D. Brune, Promotions Coordinator for the
State of Minnesota Senate, with information regarding the telecasting of Senate
floor sessions and committee hearings, live on Regional Cable Channel 6.
DISCUSSION HELD REGARDING ORDINANCE NO. 102 (LIMITING TERMS OF BOARDS AND
COHHISSIONS~
about and had done some research on the reasons for the adoption of Ordinance No.
102 Limiting the Terms of Service to Boards and Commissions which was to take
effect January 1, 1990. In retrospect it was adopted: 1) To promote the exchange
of ideas, new peop1e;new experiences and new concerns. He said his personal
experience while serving on the Park Board was that what he thought were new ideas
had been tried several times before and that new concerns really were not new.
2) To demonstrate an openness of government in Edina, and 3) To insure that no
individuals become dominate for more than 12 years.
The other side of the ledger is that it is important to maintain leadership.
vast majority of the people that are appointed to the boards and commissions are
excellent and some of them are extraordinary. Member Rice pointed out that some
of the boards and commissions are very specific and need focused people with
specialized interest and knowledge.
individual whose continued service to a board or commission would not be in the
best interests of the City in the judgement of the Council, the Council has the
authority to do something about that situation.
Member Rice concluded by noting that the summary of turnovers on the boards and
commissions indicated that in the last three years about 34% have been new
members. He said he felt that is a sufficient number to insure new people, new
ideas, new experiences and new concerns. He expressed overriding appreciation for
three or four extraordinary individuals serving on boards and commissions and said
he was concerned that the Council would be losing that leadership and experience.
Member Rice commented that since the last meeting he had thought
The
Also, in the rare instance where there is an
Hember Rice then made a motion to consider on February 20, 1990, an amendment to
Ordinance No. 102 which would remove the 12 year limitation for terms on the
advisory boards and commissions.
Member Smith said that although he understood the arguments on both sides of the
issue he would strongly oppose this.
the Council to bring new people on the boards and commissions as opposed to
maintaining the status quo by reappointments as has been the tradition in the
past.
A second to the motion was made by Member Kelly.
He said the ordinance provides a vehicle for
Member Kelly commented that the idea of Ordinance No. 102 was to bring new people
onto the boards and commissions and to get more individuals involved in the
community.
come forth.
time and effort, and actually is almost irreplaceable, is really disappointing.
However, over the past several years she had not seen these people
So to deny a position to someone who has spent a tremendous amount of
222 2/5/90
She mentioned that
besides boards and
there are numerous ways for people to serve this community
commissions.
Member Paulus said she was concerned that, by allowing individuals to remain on
boards and commissions for an indefinite time, we would be dooming the boards with
retirements at some point in the future which would result in large voids if new
and younger people were not being groomed to serve.
Member Smith recalled that there was a waiting period before this ordinance took
effect and so we are just now seeing these potential openings. He referred to the
applications included in the Council packet as the indication that there are a lot
of people who would like to get involved in the community. Member Smith stated
that the ordinance should be given a chance to work.
Following further discussion on the issue, Mayor Richards said that this is a
philosophical issue on which people have different views.
future Council regardless of when the action was taken.
that everyone on the Council has had the chance to express their opinion.
Richards then called for rollcall vote on the motion.
No Council can bind a
Mayor
The important thing is
Rollcall :
Ayes: Kelly, Rice, Richards
Nays: Paulus, Smith
Motion carried.
REPORT GIVW ON LEGISLATIVE LOBBY MEETING
Member Rice had attended the AMM Legislative Breakfast Meeting on Saturday,
January 27.
legislature in the pre-1979 tax increment districts.
about the 50th & France District and the projects that are anticipated there.
She urged movement towards construction of the proposed parking deck in that area
before legislation would be passed that would eliminate the City from doing those
projects .
Member Kelly reported that she and
There was discussion regarding the changes proposed to the
She said she was concerned I
INFORMATION REOUESTED ON TAX FORFEITED LAND ACOUIRED BY CITY
commented that during the discussion on tax forfeited land she was surprised to
learn that the City is unable to sell any that has been acquired for public use.
She asked for information as to the amount of open space land, what has been
acquired as tax forfeited land by the City over the years, what if any could be
sold by the City and also if the Park Board has discussed this in their study of
the year 2000.
Member Kelly
RECYCLING CONCERNS NOTED Member Kelly reported that in her neighborhood, on
garbage day last Friday, there were paper bags, pop cans, etc., left laying all
over. Also, the driver was not very courteous as he parked the truck in the middle
of the street, leaving the truck doors open, so residents could not get through.
Manager Rosland said he would handle this problem. Member Paulus mentioned that
there is a Recycling Hot Line that should be called with concerns such as these.
ST LOUIS PARK LETTER OF 1/26/90 TO REALTORS DISCUSSED Member Paulus shared a
letter of invitation she had received from the City of St. Louis Park to acquaint
realtors with their municipality.
the City ordinances and the School District.
consider doing something like this jointly with the Edina School District and ask
the Chamber of Commerce to support it financially.
realtors are the source of problems regarding attitudes and understanding and that
dissemination of this information could be beneficial. She mentioned that she had
This seminar was a blend of information between
Member Paulus proposed that the City
She commented that sometimes
21 51 90 223
sent a copy of the letter to Dr. Ray Smythe, Superintendent of Schools and that
she would be attending the seminar.
STRATEGIC PLANNING RETREAT INVITATION EXTENDED TO EDINA SCHOOL BOARD CHAIR
Richards stated he had extended an invitation to Sarah Jones, Edina School Board
Chair, asking that the Board designate one of their members to attend the
Strategic Planning Retreat when the date is set.
WHITE BEbR LAKE TOBACCO BAN INFORMATION SHARED
informational folder he had received regarding the White Bear Lake Tobacco Free
Project.
Committee when they look at that issue.
Mayor
Mayor Richards shared an
He asked that it be passed on to the Community Health Services Advisory
NEWSPAPER ARTICLE ON 'DRUG-USE ALLEGATION TIED TO SOJOURNER SHELTER' NOTED COUNCIL
MEMBERS
on alleged drug use that is tied to the Sojourner Shelter, a home for battered
women in Minnetonka.
Minnetonka City Council by the resident making the allegation.
Mayor Richards passed out an article from the Hopkins/Minnetonka Sailor
Accompanying the article was a statement made to the
PROTOTYPE OF COUNCIL CALENDAR SHOWN: DATE OF MARCH 12 SET FOR STRATEGIC PLANNING
SESSION Manager Rosland handed out a prototype of the proposed calendar for use
by the Council and explained the format.
the meetings they are required to attend.
of Monday, March 12 at 6:OO p.m. at Braemar Clubhouse has been set for the
Strategic Planning Session.
MANAGER'S VACATION NOTED
for the next few weeks and will miss the Council Meeting on February 20. He said
that Gordon Hughes, Assistant City Manager, will represent him.
RESPONSE TO BE SENT TO LEGISLATORS REGARDING T.I.F. MEMO RECEIVED FROM UC
EXECUTIVE DIRECTOR Mayor Richards said he felt the position of the City of Edina
should be stated in a letter our legislators, Senator Donald Storm and
Representatives Sidney Pauly and Mary Forsythe, regarding the Legislature taking
action to restrict tax increment financing during the session beginning February
12, 1990.
France Association, so they too may begin a letter writing campaign if they wish.
Assistant Manager Hughes said he would take a copy of the letter to the 50th &
France Steering Committee meeting next week. Mayor Richards suggested that he or
other Council Members be available to attend if the Association felt it would be
helpful.
CABLE COMMISSION SETS 3/7/90 FOR GOB AND OBJECTIVES MEETING Member Smith
advised that he will be attending the March 7, 1990 Southwest Suburban Cable
Commission Goals and Objectives Meeting and requested input from the Council
Members on any issues they may have.
offered within the last 3-4 years to voice concerns.
whether the Council had read the cable article in the newspaper and said that it
was worthwhile.
He said it should help focus everyone on
Manager Rosland announced that the date
Manager Rosland advised that he would be on vacation for
I
Member Paulus recommended this correspondence be shared with the 50th &
He noted that this is the first opportunity
Mayor Richards inquired
*CLAIMS PAID
approve payment of the following claims as shown in detail on the CHECK REGISTER
dated 2/5/90 and consisting of 24 pages.
$1,401.03, Art Center $4,043,42, Capital Fund $1,954.74, Golf Course Fund
$25,188.23, Recreation Center Fund $5,447.43, Gun Range Fund $306.18, Edinborough
Park $15,737.32, Utility Fund $237,584.52, Liquor Dispensary Fund $8,043.64,
Construction Fund $129,729.22, Total $617,242.36.
Motion vas made by Member Smith and seconded by Member Rice to
General Fund $187,806.63, Communications
224 2/5/90
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 9:35 P.M.
Acting q&ty Clerk