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HomeMy WebLinkAbout19900220_regular227 MINUTES OF TEE REGULAR MEETING OF THE EDINA CITY COUNCIL HEZD AT CITY HAIL FEBRUARY 20, 1990 ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. BOY SCOUT TROOP NO. 48 WELCOMED Mayor Richards welcomed members of Boy Scout Troop No. 48 and their scoutmasters to the meeting. Jim Manthe, spokesman, said that they were working on merit badges for communications, citizenship and community. VOLUNTEERS OF AHERICA WEEK PROCLAIMED Member Kelly for adoption of the following proclamation: WEEREAS, the Volunteers of America, a Christian social service organization, is celebrating its 94th year of service to the people of Minnesota and the nation; WHEREAS, the Volunteers of America, is making a valuable contribution to the people of Minnesota by providing residential treatment centers for emotionally handicapped boys, programs serving autistic, autistic-like and/or developmentally disabled children and youth, treatment foster homes and group homes for infants, children and youth, homes for elderly and/or mentally disabled adults, senior citizen dining sites in Anoka and Hennepin counties, pre-release and work release correctional programs for men and a jail, workhouse and work release correctional facility for female offenders, plus housing complexes for families, the handicapped and the elderly and long term care facilities; and m, the Volunteers of America, through its compassionate, yet practical crusade, is extending spiritual fellowship as it provides relief where it is most urgently needed: and, WEEREAS, the Volunteers of America is commemorating its founding in 1896 and urges others to uphold the American philanthropic spirit through their commitment to help those in need; NOW, THEREFORE, BE IT RESOLVED that I, Frederick S. Richards, Mayor of the City of Edina, do hereby proclaim the week of March 4 - 11, 1990 as VOLUNTEERS OF AMERICA WEEK in Edina, Mhnesota. Motion of Member Smith was seconded by VOLUNTEERS OF AMERICA WEEK PROCLAMATION CONSENT AGENDA ITEMS ADOPTED Member Kelly to approve and adopt the consent agenda items as presented. Motion was made by Member Smith and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. FINAL DEVELOPMENT PIAN FOR 7101-13 AMUNDSON AVENUE REFERRED TO STAFF: HEARING CONTINUED TO 3/5/90 Assistant Manager Gordon Hughes informed the Council that the subject property, 7101-13 Amundson Avenue, is located in one of the areas that the Council had directed staff to conduct planning studies. would be to create a tax increment district and proceed with some development and redevelopment plans for the site. Staff has met with a number of property owners in this area, including the owner of the subject property, George Kosmides. Staff has gained the recommendations of people in that area and has scheduled a meeting for February 27, 1990 at which staff will share the results of those planning efforts. Mr. Kosmides has been asked for permission to continue his request for final development plan approval until the March 5 meeting and until such time as he has had an opportunity to review some of the thoughts that staff and the consultant have concerning the property. Those thoughts and plans may include a use that is different than what is proposed at this time. George Kosmides, proponent and property owner, stated that he would like to cooperate with the City but that this is the second time his request has been postponed. The ultimate purpose It was postponed on the basis that additional landscaping be provided 228 2/20/90 which has been complied with and it was his understanding that final approval would be heard at this meeting. for the project and asked that the hearing not be postponed beyond March 5. Mayor Richards said there are some valid reasons for the postponement and he could not assure Mr. Kosmides that it would be resolved on March 5. Every effort would be made to not unduly delay the hearing on his request. He said he had anticipated spring construction Member Rice made a motion to continue the public hearing on the request for final development plan approval for 7101-13 Ammdson Avenue to March 5, 1990. was seconded by Member Smith. Motion Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PUBLIC EEARR?G ON BEZONING TO R-2 DOUBLE DUELLING UNIT DISTRICT. LOT DIVISION AND AHENDHEKC TO COLIpaEHElpSIVE PIAN FOR LOTS 1. 2. AND 3. BLOCK 2. SMSEK ADDITION CONTIlPuED TO 3/5/90 Affidavits of Notice were presented, approved and ordered place on file. Planner Larsen presented the request for rezoning from R-1 Single Dwelling Unit District to R-2 Double Dwelling Unit District, lot division and amendment to the Comprehensive Plan from Single Family Residential to Low Density Attached Residential for Lots 1, 2, and 3, Block 2, Smisek Addition, generally located on the west side of Delaney Boulevard and south of Long Brake Trail. The subject property comprises three single family lots which were platted in 1971 in connection with the development of the Windwoods Condominium building. the lots are vacant. the site in 1971. street frontage for the lots. Delaney Boulevard in 1979-80. open space/ponding areas. residential developments. Planner Larsen stated that the proponents, Waters and Bonner, have petitioned to rezone the three lots from R-1 to R-2 to allow the development of three double bungalows. Family Residential to Low Density Attached Residential. requires R-2 lots to be at least 90 feet wide with a lot area of at least 15,000 square feet. lots. 17,030 square feet respectively. Two of The middle lot has a single family home which was moved to Development of the Windwoods Condominiums eliminated public The lots were landlocked until the construction of The lots are bounded on three sides by City owned I All uses east of the property are multi-family This would also require amending the Comprehensive Plan from Single The Zoning Ordinance All of the proposed lots exceed the minimum requirements for R-2 The lots are approximately 120 feet wide and contain 15,948, 17,560 'and In addition to the rezoning, the proponents are requesting a lot division affecting the two common lot lines. illustrated on the site plan would allow for more advantageous orientation of the double bungalows to the street. The proposed interior lot line changes as Planner Larsen concluded the presentation by stating that staff has recommended approval of the rezoning to R-2, the lot division and the amendment to the Comprehensive Plan. The primary orientation of the lots is to the condominiums on the east side of Delaney Boulevard. homes in Dewey Hill by the park/ponding area to the west. These relationships and the relative isolation of the lots reduces their desirability for single family home sites and staff feels that the R-2 use represents the best use of the land. At its meeting of January 31, 1990, the Community Development and Planning Commission also recommended approval. Member Paulus asked if any comments or concerns have been heard from the community on this proposal and why it was originally designated as R-1 District on the Comprehensive Plan. from the public but no one has voiced a strong objection. The lots are isolated from the single family I Planner Larsen responded that there have been some comments Some concerns have 2/20/90 229 been raised by residents at the Windwoods Condominiums as to how it would affect their view to the west. The proposed double units are one story walkouts and would be low profile. Plan, Planner Larsen said that when the Comprehensive Plan was developed this apparently was not given any thought. was left as such. Staff feels if it had been looked at hard it would not have carried that designation. With regard to the R-1 designation on the Comprehensive It was zoned single family at the time and Member Smith asked about the square footage for each unit, anticipated price and if the double units would own the land in common. Planner Larsen said there would be 2,700 square feet in each unit and that the developer is looking at a price range in the low $300,000. unit, there would be a party wall lot division. It is anticipated that, as with a typical R-2 double Member Rice asked if the proposed site plan is what will be built and if any variances would be requested. technically, all that is being considered is the zoning for the property. an R-1 development the units would be subject to administrative review; there may be a request for a variance. The plan that has been submitted is what the developer intends to construct but there are no requirements in the Zoning Ordinance that would force that to happen. The plans for the structure would be final when an application for a building permit is made. Planner Larsen responded that at this point, As in Bill Bonner, Waters and Bonner, Inc., explained that the plans have been shown to several potential buyers. two floors with only one level above the street. in a shingle style with a Cape Cod look similar to their Pinewood units on Vernon Avenue. main level and two bedrooms on the lower level. $300,000 range which would be responsive to the market. Mr. Bonner said that potential buyers are people who want to remain in Edina, have a 5-bedroom Colonial, have children in college, and who now have a different lifestyle. are looking to recover some of their equity and yet remain in Edina but are not interested in a townhouse or condominium type building. that their intent is to build six homes with a low profile and that they feel it is a reasonable transition use from the multiple units on Delaney to the single family homes to the west. Paul Thomas, 7510 Cahill Road, said that he represented the Windwoods Condominium residents who have reservations about the proposed development. They are concerned about having their view obstructed by six homes as compared to three single family homes as originally zoned. quality. to others around Windwoods they think the landowners should be permitted to develop homes that will sell. The lots are natural walk-outs that would accommodate The units would probably be done They would be geared to the empty nester with the master bedroom on the The price would be in the low They Mr. Bonners concluded They also have reservations in terms of If they could be assured that they would be well kept properties similar Michael Seebeck, Scoutmaster, asked if the land would be in common or be divided up. Mr. Bonner said there would not be a homeowners association. The units would be a standard double bungalow where the party wall becomes the lot line. person would own not only their unit but the ground under and around it. Mayor Richards commented that he did not quarrel with the R-2 land use because it is a good transition going from the east to the west. units is too much density and he could only support four units on the subject site. He urged the Council to not approve six units but to look at a proposal for two structures with four dwelling units as being appropriate for the neighborhood. Member Smith made a motion for approval of the Amendment to the Comprehensive Plan - Single Family Residential to Low Density Attached Residential. seconded by Member Paulus. Each His concern is that six Motion was 230 2/20/90 Attorney Erickson cautioned that once the property is rezoned R-2 the development would be controlled by the subdivision ordinance. If it meets those requirements the proponent could file a request for a three lot subdivision. that the Council look at the question if, in fact, the desire is for a two lot sub divi s ion. I He suggested that Mr. Bonner commented that they were drawn to the property because of the surrounding public open space. Ordinance requirements but exceed them by 20-30% in almost every category. said he was puzzled by the thought that this would be high density. Mayor Richards said that he felt it was incumbent for the Council to use its judgement and not simply follow the ordinance requirements in preserving character and symmetry of a neighborhood. Member Kelly questioned whether the proposed development would have negative affects on the adjacent wetlands or vice versa. not be an issue for this property. The proposed development not only meets the Zoning He Planner Larsen said that would Mayor Richards then called for a rollcall vote on the motion. Rollcall : Ayes: Kelly, Paulus, Smith Nays: Rice, Richards Motion to amend Comprehensive Plan failed. Mayor Richards then made a motion to refer the petition for amendment to the Comprehensive Plan, 8-2 rezoning and lot division for Lots 1, 2. and 3, Block 2, Smisek Addition to staff for further consideration and to continue the public hearing to the March 5, 1990 Council Meeting. Smith. Motion was seconded by Member Member Rice commented that he was not against a land use change from single family but that he concurred with Mayor Richards' comments regarding density and would encourage the proponent to work with staff on this issue. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. ORDIJVANCE NO- 1221-62 <TO DELJITE PLANNING COMMISSION MEMBERS ON PARK BOARD AND IITCREASE NUMBER OF RESIDEKC MEMBERS) ADOPTED ON SECOND READING Member Smith made a motion to grant Second Reading and adoption of Ordinance No. 122142 as follovs: ORDINANCE NO. 1221-A2 AN ORDINANCE AMENDING ORDINANCE NO. 1221 TO DELETE PLANNING COMMISSION MEMBERS AS MEMBERS OF THE PARK BOARD, AND TO INCREASE THE NUMBER OF RESIDENT MEXBERS THE CITP COUNCIL OF THE CITP OF EDINA, MINNESOTA, ORDAINS: f ollovs : Section 1. Sec. 2 of Ordinance No. 1221 is hereby amended to read as "Sec. 2. Membership. The Board shall consist of ten residents of the City appointed by the Mayor with the consent of the majority of the members of the City Council, plus one resident vho is also a member of the School Board of Independent School District No. 273 and vho shall be appointed by the School Board with the consent of a majority of the City Council. Board shall be appointed in January of each year, and their terms shall begin on the first day of February in the same year. (other than the School Board member) shall each serve for three years, and the terms of such members shall be staggered so that the terms of three of the ten resident members shall expire in each of two years, and the terms of four of the resident members shall expire in the third year. The member vho is also a member of the said School Board shall serve for one year. member. before entering upon the discharge of his duties. shall take an oath that he vi11 faithfully discharge the duties of his office." Members of the The ten resident members Every 2/20/90 231 Sec. 2. Sec. 3 of Ordinance No. 1221 is hereby amended by deleting paragraph (f) and relettering paragraph (g) to paragraph (f) and amending the last, unlettered, paragraph of Sec. 3 to read as follows: "Vacancies shall be filled for the unexpired portion of the term by the Mayor with the consent of a majority of the members of the City Council, except that a vacancy in the office of the member who is also a member of said School Board shall be filled for the unexpired portion of the term by said School Board with the consent of a majority of the City Council." Sec. 3. This ordinance shall be in full force and effect immediately upon its passage and publication. ATTEST : -- a>. &g Mayor %.%&JL City Clerk Motion for adoption of the ordinance was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. ORDINANCE NO. 102-A1 (REPEALING ORD. NO. 102 LIMITING TERMS ON BOARDS/COMMISSIONS ADOPTED: SECOND READING WAIVED As requested by the Council, Assistant Manager Hughes presented Ordinance No. 102-A1 advising that this amendment would repeal in its entirety Ordinance No. 102 which limits the terms of service on advisory boards, commissions and committees. Member Kelly introduced Ordinance No. 102-A1 for First Reading as follows: ORDINANCE NO. 102-A1 AN ORDINANCE REPEALING ORDINANCE NO. 102 WHICH LIMITED TERHS OF SERVICE ON BOARDS, COMMISSIONS OR COMMITTEES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 102 is hereby repealed in its entirety. Sec. 2. This ordinance shall be in full force and effect upon its p-ge .. and publication. AmEST : Mayor au.L City Clerk Motion for First Reading of the ordinance was seconded by Member Rice. Walter Sandison, 4612 W. 58th Street, stated that he objected to the proposed amendment because it make it very difficult for anyone to get appointed. felt that 12 years would be an adequate time for any individual to serve. Member Paulus commented that she would vote against the ordinance because as a resident of the community she had applied for appointment to and had served on the Planning Commission. If individuals are not rotated off boards and commission it will not give opportunity for new people to come on board. tremendous growing senior population in Edina and a lesser number of citizens who will take responsibility, if we don't do leadership training to entice people to take these positions we will rest in a comfort zone. times when an individual is active and has served well on a board/commission and it has been difficult to find another person with those qualities. However, she believed there are enough qualified residents in the community and that by repealing the ordinance we would not be encouraging and strengthening volunteerism in Edina. Also, he Because of the She noted that there are 232 2/20/90 Member Rice commented that everyone presently on the Council started on boards or commission or were elected to other bodies in the community. example of a feeder system that fosters leadership. He said that he had talked on this issue with former Member Turner who had initiated the ordinance. A review of the numbers of individuals who had been appointed indicated that in the last three years there has been a turnover of more than one-third of the total membership on boards and commissions. continuity, experience and sense of history on the boards and commissions. Also, when you find someone who is exceptional you want to keep them. Member Rice said he also felt it the Council's responsibility, if there is a situation where some member of a board or commission is not serving well, to make changes. For these reasons he would support the amendment. Member Smith commented that he had worked with former Member Turner to get the ordinance limiting terms passed several years ago and would vote against the amendment. move people along where we see weaknesses as evidenced by attendance, etc. That is a perfect He said there comes a point where you want some He said the Council should make sure it accepts the responsibility to Mayor Richards called for a rollcall vote on the motion to grant First Reading. Rollcall : Ayes: Kelly, Rice, Richards Nays: Paulus, Smith Member Kelly then made a motion to waive Second Reading and adopt Ordinance No. 102-Al . Motion was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith Nays : Richards Second Reading granted; ordinance adopted. I Member Paulus stated that the only reason she was voting in favor of adoption of the ordinance was not in theory but so that the Council could move ahead on appointments. 0RDI"CE NO. 731-A9 (TO ADD DEFINITION AND LICENSE TYPE FOR DAYCARE. I;MITED FOOD ESTABLXSHMENT) ADOPTED: SECOND READING WAIVED Dave Velde, Sanitarian, explained that the Health Department licenses food services in day care centers. Some of the centers have changed their food service operations to limited food items or catered food items. This change in operation reduces the need for frequent inspections. The proposed ordinance amendment will add a new license category and will reduce the fee that is charged for the food license for these day care centers. Member Smith introduced Ordinance No. 731-89 and moved its adoption with waiver of Second Reading as follows: ORDINANCE NO. 731-A9 AN ORDINANCE AMENDING ORDINANCE NO. 731 TO R?CUJDE AN ADDIYIONAL DEFINITION AND ESTABLISH AN ADDITIONAL LICENSE TYPE AND FEE THEReFOR THE CITY COlR?CIL OF THE CITY OF EDINA, MINNESOTA, ORDfiINS: Section 1 of Ordinance No. 731 is hereby amended by inserting the following betueen the definition of "clean" and "employee": Section 1. "Day Care, Limited Food Establishment" means a food establishment in a day care or drop in center in which the food prepared and/or served on the premises is limited to SMC~S, personal bag lunches, milk or juice, and meals catered by another licensed food establishment." Sec. 2. Section 2 of Ordinance No. 731 is hereby amended by adding the "Day Care, mted Food Establishment" following license type: 2/20/90 233 Sec. 3. Section 5 of Ordinance No. 731 is hereby amended adding the "Day Care, Limited Food Establishment: Ordinance No. 171." Sec. 4. and publication. following license fee: $110 per annum or as amended by This ordinance shall be in full force and effect upon its passage ATTEST : a&>-d% Mayor Motion for adoption of the ordinance was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. ORDINANCE NO. 1061-A2 (TO REDEFINE PICKETING AND DWEI;LING AND CHANGING PENALTY1 ADOPTED: SECOND READING WAIVED recent picketing and threats to picket he had discussed the subject with the Chief of Police and would recommend adoption of Ordinance No. 1061-A2. would strengthen the City's existing ordinance and place it within the protection of the United States Supreme Court case of Frisbv v. Schultz, decided June, 1988, involving a similar ordinance in Brookfield, Wisconsin. Attorney Erickson advised that because of some The amendment Member Kelly introduced Ordinance No. 1061-82 and moved its adoption with waiver of Second Reading as follows: ORDINANCE NO. 1061-82 AN ORDINANCE AWENDING ORDINANCE NO. 1061 AND TO CHANGE THE PENALTY Section 1. Section 2 of Ordinance No. 1061 is amended to read as follows: "Sec. 2 Definitions. For purposes of this ordinance the following terms are defined as follovs: Picketing: - The standing, marching or patrolling by one or more persons focused in front of, on or about the premises of, a dwelling within the City of Edina of any particular individual without the consent of that individual. Also the standing, marching or patrolling by one or more persons in front of, or in, on or about the premises of any library, school, hospital or municipally-ovned building within the City of Edina without the consent of the owners. Duelling - A structure used as a place of residence and wherein no individual, other than individuals residing therein or domestic employees, is regularly employed." 5ec. 2. Section 3 of Ordinance No. 1061 is amended to read as follows: "Sec. 3. Picketing of Dwellings Prohibited. Picketing is prohibited in front of, on or about, any dwelling in the City." Sec. 3. Section 5 of Ordinance No. 1061 is amended to read as follows: "Sec. 5. Penalty. Any person who violates any section of this ordinance shall be guilty of a misdemeanor and subject to the penalties set forth in Ordinance No. 175. Sec. 4. This ordinance shall be in full force and effect immediately upon TO REDEFINE PICKETING, TO REDEFINE DWEUING THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: -- its passage and publication. ATTEST : 2&%. u City Clerk 234 2/20/90 Motion for adoption of the ordinance was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. *BID AWARDED FOR (1) 1990 1/2 TON VAN FOR ANIHBL CONTROL Motion was made by Member Smith and vas seconded by Member Kelly for award of bid for one 1990 1/2 ton van for animal control to Rather Chevrolet at $12,102.00 per State of Minnesota Purchasing Cooperative. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR GOIZ BAT.Iw FOR GOLF DOME seconded by Member Kelly for award of bid for 1500 dozen golf balls for the golf Dome to recommended lovbidder, Spalding, at $8,250.00. Motion carried on rollcall vote, five ayes. Motion was made by Member Smith and was *BID AWARDED FOR RIDING AERATOR FOR BRAEMAR GOW COURSE Smith and was seconded by Member Kelly for award of bid for a riding aerator for Braemar Golf Course to recommended low bidder, North Star Turf, at $8,950.00. Motion carried on rollcall vote, five ayes. Motion was made by Member FUNDING OF $3.500 APPROVED FOR WY PROGRAM recalled that the Park Board recommendation for funding of the RALLY program was discussed at the meeting of January 22, 1990 and was continued for further discussion. Edina Community Education Services Coordinator, to discuss new information concerning RALLY and that they recommend that the funding of $3,500 for the program be approved. Park and Recreation Director Kojetin He stated that Manager Rosland and he had met with Alice Randall, Service clubs will be asked during the next few months to help support RALLY to offset a percentage of the funding. It was also recommended that the Community Education Service Board work closely with the new Drug Awareness Program in the hope that the funding from this new program would offset costs of the RALLY program. Starting in September, 1990, the Drug Awareness Program could work in conjunction with the RALLY After Hours program with $8,000 grant funding, $4,000 for Valley View High S'chool and $4,000 for South View High School. Mayor Richards stated that, if approved by the Council, the City Attorney would need to review the request to be sure that the expenditure is in compliance. Attorney Erickson said he would contact the school district's attorney to determine if an agreement would be needed. Member Paulus commented that she would like to see this defined as "seed money" and would not like to see this become a City budget item in the future. talking with students from the 7th, 8th and 9th grades she said she was not seeing this as a catch program to which students or parents are gravitating. record', she said she would support the funding request as "seed money" but would not support future funding for the RALLY program. Member Kelly made a motion to approve the Park Board recommendation to fund the BBI;LY program in the amount of $3,500.00 for 1990 only, subject to execution of an agreement betueen the City and the School District if required as determined by legal counsel, that Quarterly reports on RALLY be brought back to the Council, and that a report be made to the Council on service clubs' support. seconded by Member Smith. Kelly, Paulus, Rice, Smith, Richards In For the Motion was I Ayes- Motion carried. ASSISTANT UEKD l3JSPECTOB APPOINTED FOR 1990 of the assistant weed inspector had been discussed at the February 5 meeting at Mayor Richards noted that appointment 2/20/90 235 which time the Council had requested a report on the duties, wages paid and procedures used by the assistant weed inspector. Park and Recreation Director Kojetin referred to his report dated February 16, 1990 which included a sample letter that is sent to owners of property having weeds/grasses that are in violation of state or City laws. inspection procedures were also included. In 1989 Eugene Davis, Assistant Weed Inspector, was paid $5.25 per hour and $.24 per mile for the use of his automobile for a total of $5,214.70. of weeds and grasses in the amount of $2,775.00. His additional duties include supervision of parttime workers in weed whipping, special control of weeds around guard rails and in curb cracks and cutting and spraying of noxious weeds in wildlife areas. Administration of the weed control program and enforcement on a complaint basis are sensitive areas because of the involvement of property owners and neighbors. Dr. Davis has also drafted proposals as to possible solutions to the problems of weed control and strengthening of the City's ordinance. Noxious weed In 1989 the City assessed private property for mowing Member Smith made a motion to approve the appointment of Dr. Eugene Davis as Assistant Weed Inspector for the City of Edina for the year 1990. seconded by Member Paulus. Motion was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *DISCUSSION ON REQUEST FOR SOUTBDALE POLICE OFFICW CONTINUED TO 3/5/90 Motion vas made by Member Smith and was seconded by Member Kelly to continue the discussion on the request for a Southdale Police Officer to the meeting of March 5, 1990. Motion carried on rollcall vote, five ayes. PROCEDURE GIVEN FOR APPOINTMENTS TO ADVISORY BOARDS. COMMISSIONS AND COMMITTEES Mayor Richards stated that, following the Council's action in repealing the ordinance limiting terms on boards and commission, his intent was to reappoint with the consent of the Council all individuals who qualify for reappointment. Exceptions would be those individuals who have not met the attendance requirements or who cannot be reappointed because of statute limitation or have declined reappointment . Mayor Richards offered the following nominees: Community Health Services Advisory Committee - Ann Francis; Art Center Committee - Don Peddie; Park Board - Clifford Sour; Recycling Commission - Walter Sandison and Ken Joyce; Human Relations Commission - Gary Dietz, and Paul Gens to the South Hennepin Human Services Council (confirmation of reappointment that was dverlooked in 1989). Mayor Richards asked the staff to: 1) Recheck the attendance records for accuracy, and 2) Contact those individuals who have served for terms in excess of 12 years to ask if they would be willing to continue to serve if nominated for reappointment. indicating the need for additional nominees. Member Rice said he was a firm believer that the ordinance requirements on attendance be enforced. Member Paulus suggested that a memorandum go out to each chairman stating that the policy of the Council will be strict enforcement of the attendance requirement. Mayor Richards added that, if anyone feels that any individual who is currently serving on boards or commissions had lost their commitment and dedication, it is incumbent to speak up on that issue to make sure the boards/commissions remain viable. He would then submit a memorandum to the Council Members RESOLUTIONS ADOPTED RELATING TO TAX FORFEITED LAND Planner Larsen recalled that at its February 5 meeting the Council had reviewed staff recommendations for six parcels of land listed on Non-Conservation List 741-NC from Hennepin County. 236 2/20/90 These parcels forfeited to the State of Minnesota for non-payment of property taxes. The Council took action to acquire four of the parcels for public use and requested further information concerning two parcels on the tax-forfeit list. Planner Larsen also referred the Council to a letter dated February 15, 1990 from City Attorney Erickson which addressed other questions raised by the Council. Parcel #5 - Grove Street and Arbour Avenue PINS NO. 32-117-21-31-0003 Recommendation: Request sale be limited to abutting property owners. Planner Larsen stated that the property is a 10-foot wide strip adjacent to the northerly property line of 5800 Arbour Avenue. In staff's opinion the property would not make either adjacent lot large enough to allow a subdivision. Member Rice introduced the following resolution and moved its adoption: WHEREAS, the City Council of the City of Ed- has received from the County of Hexmepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of property taxes, which said list was received on 12/04/89, Non-Conservation List 741-NC; and WHEREAS, the parcel in said list identified as PINS No. 32-117-21-31-0003 has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota as non-conservation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; WEEREAS, it has been determined by the Edina City Council that there are no existing or pending special assessments on said parcel; NOU, THEREFORE, BE IT RESOLVED by the Edina City Council that the said classification is hereby approved; BE IT FWTHEB RESOLVED by the Edina City Council that, acting pursuant to Minnesota Statute 282.01, it has determined that said parcel of land is not buildable according to the City's Zoning Ordinance and that sale of said parcel be limited to abutting property owners for attachment thereto. ADO= this 20th day of January, 1990. Motion for adoption of the resolution was seconded by Member Kelly. RESOLUTION I Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Parcel #6 - South of Dewey Hill Estates and west of Cahill of Edina townhomes Recommendation: Request sale be restricted to adjoining property owners only (e.g. three condominium associations, Dewey Hill East, Pondwood and Windwoods). Alternatives: Allow sale on open market, acquire for park purposes, (City would be required to pay outstanding special assessments) or acquire for park purposes providing adjoining condominiums pay all costs. PINS NO. 08-116-21-42-0214 Planner Larsen stated that the parcel is zoned PRD-3, pursuant to a development plan illustrating a 42-unit condominium building. essentially identical to the existing Dewey Hill Estates buildings. building could be constructed without any further approvals by the City. Any change in the development plan would be subject to review and approval by the Planning Commission and City Council. The approved building is The exact Assistant Manager Hughes said the recommendation at the last meeting for this parcel was to request that sale be restricted to adjoining property owners only. Such cases depend upon the parcel being too small to be developed within the confines of the Zoning Ordinance. not be subject to that restriction. be offered by the county for sale to adjoining property owners without restrictions. This parcel would not meet that test and would Staff would modify the recommendation that it 2/20/90 237 Mayor Richards asked 1) and 2) If the parcel is the argument be that it someday be faced with a If the City could pick up the property without any cost, put on the market for sale without any restrictions would would improve the City's tax base realizing that we may proposal for development of that parcel consistent or not consistent with the Comp;ehensive Plan. could acquire the property without cost for a public use (e.g. park, playground, wetland, open space) but would lose any possibility of regaining the unpaid special assessments. chance to recover the special assessments against the property that were cancelled when the parcel became forfeited. Member Smith raised the question of density that was approved for the parcel when it was zoned PRD-3. Estates was approximately seven units per acre. parcel the density for the 42-unit condominium building that was approved was approximately 8-10 units per acre. Attorney Erickson responded that the City If the parcel is put on the market the City would get a Planner Larsen said that the overall density for Dewey Hill If you separate out the subject Member Paulus asked what the chances were that someone would buy the property and build the exact condominium that had been approved initially or were there some loopholes. Planner Larsen said that as condominium projects go this was a good project and someone may want to do that provided the market came back. to the City may be that someone who would purchase the property may say they can't build that type of product and may propose an alternative. proposed change would be subject to review by the Planning Commission and the Council. The risk In that case any Mayor Richards offered the following viewpoints. it would be put back on the tax roles and the City would get back the special assessment costs that otherwise the City would have to levy for. If that issue were removed, he suggested the City acquire it for open space. To accomplish this the City could propose to the Dewey Hill condominium associations that the City would acquire it for open space if they pay the special assessments that were levied on the parcel when Dewey Hills was developed. They would also be put on notice that the alternative would be to approve it for public sale. The risk they then would run would be that a developer could purchase the land for a development project to which they may object. Member Smith raised the issue of timing. statute provides that the City could request Hennepin County to withhold the parcel from public auction for one year so that acquisition could be pursued. Member Paulus introduced the following resolution and moved its adoption, subject to notification being sent to the Dewey Hill condominium associations within 60 days : WHEREAS, the City Council of the City of Edina has received from the County of Hennepin a list of lands in said municipality which became the property of the State of Minnesota for non-payment of property taxes, which said list was received on 12/04/89, Non-Consemation List 741-NC; and WEfEREAS, the parcel in said list identified as PINS No. 08-116-21-42-0214 has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnesota as non-consemation land and the sale thereof has heretofore been authorized by said Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that the said classification is hereby approved; BE IT PUBTHEB RESOLVED that the Edina City Council, in accordance with Minnesota Statute 282, requests that said parcel of land be withheld from public auction for one year for the purpose of researching the possible acquisition of said parcel by the City of Edina for public use. ADOPTED this 20th day of February, 1990. By approving the parcel for sale Attorney Erickson responded that state RESOLUTION 238 2/20 / 90 Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. FLEISCHHAl!lN LETTEB REGARDING WEST 50W STREET -IC REPERRED TO ENGINEERING DEPT Assistant Manager Hughes referred to a letter from Donald and Sharon Fleischmann, 4914 Bruce Avenue, in which they requested that bike lanes be added to West 50th Street between Wooddale and France Avenue to reduce the amount of speeders and noise. be brought back on March 5. done and that the Fleischmanns be notified that their request would be discussed at the March 5 meeting. He suggested that this be referred to the City Engineer and that a report It was the concurrence of the Council that this be EKC 1990 CITY POLICIES AND PRIORITIES TO BE DISCUSSED ON 3/5/90 Hughes stated that the League of Minnesota Cities (LMC) 1990 City Policies and Priorities would be on the March 5 Council agenda for discussion prior to the LMC Legislative Conference scheduled on March 14. Member Kelly asked for information on the impact of implementing comparable worth and also the City's ability to bargain with the unions. SOUTEmEST SUBURBAH TUACP BRANCH LETTER DISCUSSED Mayor Richards reported that he had received a letter, dated February 17, 1990, from Frank Taylor, President of Southwest Suburban NAACP Branch, extending an invitation to the Council to attend the NAACP dinner on June 7 at the Registry Hotel. city take out a full page ad in their Souvenir Journal. strong message that the cities in Southwest Suburban NAACP are working cooperatively to continue the tradition of great suburban communities. had been told that the request would be brought to the Council but that the City had not done anything like this in the past. a policy and monetary issue as the ad would cost $350.00. Assistant Manager It was also proposed that every The ad would send a Mr. Taylor Mayor Richards said this raises both Following brief discussion, it was the consensus of the Council that this be referred to the Human Relations Commission for their review and comment so that the Council would be in position to act on future proposals of this type. Also that a response be sent to Mr. Taylor declining the ad proposal for this year. Member Paulus suggested that the policy issue be discussed at the upcoming Strategic Planning Session. CITY DESIGNATED 1989 TREE CITY USA Mayor Richards reported that he had received a letter dated February 13, 1990, from The National Arbor Day Foundation congratulating Edina on being named as a 1989 Tree City USA. that the award is an excellent indication that the City is taking municipal tree-care responsibilities seriously. COUNCIL PARTY FOR EDINAHITE BF"IT NOTED Mayor Richards thanked the Council Members for their participation in the Council Party on February 17 which was auctioned at EDINAMITE benefit last November for The Edina Foundation. He said the Connells have been contacted regarding disposition of their winnings in the Edina lore contest. The letter stated ENTERPRISE FUNDS EXECUTIVE SUMMARY REVIEWED Enterprise Funds Executive Summary for the 4th quarter of 1989 and said she was concerned about the deficits in some of the enterprises. She asked if there was a provision in the budget to cover those deficits. explained that in the last few years money has been transferred each year from the general fund to cover the enterprise deficits for the previous year. Member Kelly made the following comments: Art Center - Although now operating in the black, the building program now in progress will increase the depreciation Member Kelly referred to the Finance Director Wallin 2/20/90 239 expense. and hopefully that will continue. would increase revenues. Consider ways to get seniors to use the pool as was suggested by a senior resident last year. the financial picture and reduce the large deficit. that past deficits were caused by a variety of things. increased substantially and expenditures have decreased. In past years the equipment for the pavilion was very costly to run. in depreciation and bond payments. course is finished we will be able to cover the deficit in the Arena. Edinborough Park - Are there programs that could be added to increase the revenues. Wallin pointed out that we are getting close to full investment on that project. Another million was put into the investment trust but that did not occur until mid-year. the added interest that will be earned in the investment trust. mentioned that revenues should improve when the monthly user fees from Hawthorne Suites begin. The Art Center Committee people have worked very hard to avoid deficits Pool - Look at ways to market the pool that Arena - What is being done to improve Director Wallin explained The revenues base has The biggest increase will be It is hoped that when the new 9-hole golf Director Edinborough Park should come closer to breaking even in 1990 because of Mayor Richards Member Kelly said the explanations given were helpful. SWSCC WEETIFIG ON MARCH 7 MENTIONED Member Smith mentioned that on March 7, 1990 the Southwest Suburban Cable Commission will hold a meeting on goals and objections and that if there were any issues the Council wanted him to present they should let him know. PROCEDURE FOR PAYING CLAIMS DISCUSSED prepared by Finance Director Wallin on the procedure for paying claims and the applicable statutes for handling public funds. statutory requirements he was concerned about the lack of detailed information on the check register the Council is asked to approve for payment. He said it would be helpful if there was a way to affirm to the Council that the claims presented are pursuant to the budget and suggested that the Mayor and Manager develop such a procedure. Member Smith referred to the report He said after reviewing the Mayor Richards said he disagreed, that on purchases over $5,000 the packet data indicates if it is within budget or not and regarding the check register the Council has the right to rely upon staff and assume the expenditures listed are within budget. He felt the information as to vendor and item description is adequate and that if the Council Members had questions on certain items they can ask it to be removed from the consent agenda and request additional detail. Member Kelly said she has always been troubled by having payment of claims on the consent agenda and that there would be a better opportunity to raise questions on claims if it were on the regular agenda. consider some kind of cover sheet affirming that the claims are within budget. Member Rice said that might be a good idea and questioned if it was even necessary to include the check register in the Council packet. Member Paulus commented that unless legal counsel feels we are not fulfilling the statutory requirements we should continue with the existing procedure. Erickson clarified that the Council has to authorize payment of the various claims and can do that either individually or as a group. He said that in his opinion the current process that is being used does fulfill the law and seems to be the most efficient way, and that he did not feel a cover letter would be needed. Member Smith reiterated that he would like to see something as a step up from the check register and suggested that this issue be placed back on a future agenda. He offered to draft something that would address the concern he had raised. REQUEST FOR RECYCLING CONTAINERS REFERRED TO RECYCLING COORDINATOR reported that a resident from the Edina-Morningside Condominiums, 4360 France Avenue, had asked for assistance in obtaining recycling containers for their She indicated she would be willing to Attorney Member Paulus 246 2/ 20 / 90 building. Coordinator. She asked that this matter be referred to Janet Chandler, Recycling COUNCIL STUDY SESSION SCHEDULED FOR 4/14/90 QUESTIONED Member Paulus mentioned that the Council Study Session scheduled for Saturday, April 14, 1990 fell on Easter weekend and asked that the Mayor look at rescheduling the session. CITY INFORMATIVE SEMINAR FOR REALTORS DISCUSSED Member Rice referred to the letter sent to realtors by the City of St. Louis Park recently inviting them to attend an informative seminar sponsored by the City and School District. that after reading the letter he felt this would be an excellent idea for Edina to consider. As an update, Member Paulus said that Laura Tieding-Nelson, Communications Coordinator for the Edina Schools, has been in contact with Ralph Campbell, Director of Communications, and Assistant Manager Hughes regarding sponsoring a similar event. Edina Chamber of Commerce. He said Manager Hughes said they hope to also involve the PAY PARKING AT SOlJTJ3DAI.E MEDICAL BUILDING DISCUSSED Member Paulus asked if the City was carefully monitoring the pay parking which has been installed at the Southdale Medical Building. lot yesterday and that she was concerned about backup onto the public roadways. Planner Larsen reported that staff verified today that the Southdale Medical has done what they can in the winter season to put in the parking plan that was approved by City staff. be done on site to improve the handling of traffic exiting the parking lot. The lot manager is aware that exiting is a problem. He said staff would continue to monitor the Southdale Medical Building pay parking and that both he and Engineer Hoffman could respond to calls from residents. Member Rice suggested that staff look into ordinances of first class cities that regulate private parking lots and asked about existing Edina ordinances that would apply. Planner Larsen said the City ordinances address parking ramps and lots but not the pay parking issue. Mayor Richards asked that a summary report be brought back to the Council. Member Paulus added that she would like to know the cost of staff time spend on this problem. She said it took her ten minutes to exit the parking There are some striping and directional things that must *CLAIMS PAID approve payment of the following claims as show in detail on the Check Register dated 02/20/90 and consisting of 30 pages: Communications $13.50, Art Center $2,422.44, Capital Fund $2,253.55, Golf Course Fund $34,715.31, Recreation Center Fund $6,921.79, Gun Range Fund $318.43, Edinborough Park $17,766.12, Utility Fund $241,748.42, Storm Sewer Utility $1,305.00, Liquor Dispensary Fund $104,759.86, Construction Fund $68,280.77, Total $692,132.39. Motion was made by Member Smith and was seconded by Member Kelly to General Fund $211,627.20, 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.