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HomeMy WebLinkAbout19901105_regular229 OF TEE aEGmda EDINA CITY COrnCIL NOVEl4BER ROLLCALL Answering rollcall were Members Richards. MEETING OF THE HELD AT CITY HAIL 5, 1990 Kelly, Paulus, Rice, Smith and Mayor CONSENT AGENDA ITEMS ADOPTED Hember.Rice to approve and adopt the consent agenda items as presented, with the exception of the removal of item D7.C - Award of Bids - Administrative Cars. Motion was made by Member Smith and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. ORDINANCE NO. 825-838 TO PROVIDE FOR CONDITIOHBL USE PERMITS TO ALLOW CERTAIN HOME OCCUPATIONS BY HANDICAPPED RESIDENTS GRANTED FIRST READING Planner Larsen stated that changes and additions ordered by the Council at its October 15, 1990, meeting have been incorporated into the proposed amendment to the Zoning Ordinance to provide for conditional use permits to allow certain home occupations by handicapped residents. Planner Larsen then reviewed the changes, additions and highlights of the amendment summarized as follows : 1) owner occupant or renter of the residence. 2) attending physician certifying that the applicant is physically unable to be fully employed outside of the residence. 3) The application must state the specific home occupation proposed by the applicant, including the expected number of weekly automobile trips to the dwelling unit by individuals other than the resident thereof to be generated by the home .occupation, the number of hours per day and number of days per week the home occupation will operate. 4) The erection of a sign shall not be required in connection with the application. 5) The maximum number of automobile trips to the dwelling generated as a result of such home occupation may be increased by the Council from ten to a maximum of twenty. 6) of the effective date and every two years thereafter so long as the permit is in effect. 7) Customary home occupations conducted pursuant to temporary conditional use permits issued shall be allowed as a conditional use in all districts in which dwelling units are allowed. An application for a temporary conditional use permit may be initiated by an The application shall be accompanied by a letter from the applicant’s I Permits shall be subject to review by the Planner on the second anniversary of . For the record, Mayor Richards stated that a letter dated November 5, 1990, had been received from Michael Patera, 7120 Glouchester Avenue, in opposition to the amendment. Planner Larsen said he would not recommend any changes to the amendment as now proposed. Public Comment David N. Mooty, attorney representing Dr. Joyce Anderson, said he was concerned with the number of automobile trips set at ten which may be increased by the Council to a maximum of twenty, and the process that would be required to grant the increase to twenty trips. Duane Blake, 7132 Glouchester Avenue, nated that the Planning Commission recommended that the number of automobile trips allowed be set at a.maximum of ten. I 11/5/90 Bruce, Waugh, president of United Handicapped Federation, spoke in support of Dr. Anderson's request to work in her home and argued that people with disabilities should not have to go through this excessive process to earn a living. He urged the Council not to set a maximum trip limit of twenty. . Council Comment Member Kelly stated that the proposed ordinance is no more an attempt to react to a handicapped issue then it is to settle an unfortunate neighborhood dispute. We are all handicapped in some way, physical or emotional, that limits our ability to enjoy all aspects of life. For purposes of access to public property, the law clearly defines the requirements and is making strides to adapt to individual needs. This, however, is not a public issue of similar situation. This is an effort to protect the right of private property in a judicial and equitable fashion. Edina is primarily a residential community made up of varied neighborhoods. has its own identity and synergy and functions by mutual respect of the inhatiitants therein. legislate morality. neighbor's rights of privacy or protection of private property. Our laws are written quite generally, attempting to be all encompassing, to serve the most people in the least restrictive environment. private property are enforced upon complaint. resolve a particular neighborhood problem. It impacts, however, the integrity of neighborhoods throughout the City and even in boundaries beyond the City limits. It is unfortunate that the dispute has caused great expense, both public and private, as well as months of emotional stress, that might otherwise have been mediated. It is difficult and painful for the Council to watch the lack of understanding of individual needs. The ordinance is an attempt to modify a neighborhood problem in the least offensive manner and as the best possible solution. The effect will be watched and may be brought back to the Council if needed for further revision and study. because of the time devoted to this case during which much public attention has been captured there is no need for further hearing. Nothing is dearer to the individual citizen than his home and family. Each The City cannot control that respect any more than it can There will always be those who will infringe on their City ordinances pertaining to This ordinance is an attempt to Member Kelly concluded by commenting that Member Kelly moved adoption of Ordinance No. 825438 - To Provide for Conditional Use Permits to Allow Certain Home Occupations by Handicapped Residents, as presented, with waiver of Second Readhg. Motion failed for lack of second. Member Rice said he generally concurred with the comments made by Member Kelly. He referred to two concerns of the neighborhood, i.e. people waiting in cars for their appointment with Dr. Anderson and whether or not the type of clients would be a danger to the neighborhood. These concerns have been mitigated by spacing of appointments and assurances from other professionals that Dr. Anderson would not see anyone in her home inappropriate for a residential setting. Member Rice added that he would like to see the following changes in the language of the proposed amendment: 1) that the wording in the second sentence in paragraph 1. Purpose "and thereby become or remain productive and gainfully employed with dignity" be stricken from the amendment, and 2) that paragraph 5. Review of Permits be changed to read "Permits issued pursuant to this paragraph I shall be subject to review by the Council on the first anniversary of the effective date of the permit and every two years thereafter so long as the permit is in effect". like to see notice sent to the neighborhood prior to the review for renewal of the permit. a review of the permit and not renewal. The language would have to be reworded to provide for renewal of the permit. Mayor Richards stated that he would support the amendment to the ordinance because he viewed it as a trade-off on a difficult policy issue.. In one respect the Council is being asked to keep people in the mainstream from all walks of life, irregardless of sex, age, race, physically or emotionally handicapped, etc. He also said he would Attorney Erickson pointed out that the amendment as drafted provides for I 11/5/90 231 However, what is being asked in this case is something different. goal of this community is that it is principally and primarily a residential community which has been developed through the efforts of many over the years. The request by the proponent is an encroachment upon a residential neighborhood. The argument has been made that there are certain areas that require flexibility and this is one of them. Mayor Richards reiterated that he felt it best that we all stay in the mainstream of life and work the best we can, but to the extent that we cannot certain exceptions must be made and the proposed ordinance amendment addresses that issue. waiving Second Reading as that would be precipitous. The mission and He concluded by saying he would not support Member Kelly then moved First Reading of Ordinance No. 825-A8 as presented by staff. Motion was seconded by Member Smith. Discussion followed on the changes in the language of the proposed ordinance amendment as suggested by Member Rice. Member Smith offered an amendment to the main motion that in Section 2 the words "with dignity" be stricken from the second sentence of paragraph 1. Pwrpose. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Amendment to main motion carried. Member Smith offered an amendment to the main motion that in Section 2, paragraph 5. Review of Permits, be revised to provide that permits issued pursuant to this paragraph I shall be subject to renewal by the Council on the first anniversary of the effective date of the permit and every tvo years thereafter so long as the permit is in effect without an additional permit fee, and that notice of the review hearing be mailed to the neighborhood. Member Paulus. Ayes: Paulus, Rice, Smith, Richards Nays: Kelly Amendment to main motion carried. Motion was seconded by Mayor Richards then called for rollcall vote on the main motion on the floor for First Reading of Ordinance No. 825-A38 as amended. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. FINAL PLAT APPROVED FOR LINDEU ADDITION (7017 ANTRIM ROAD) Planner Larsen recalled that on September 4, 1990, the Council granted preliminary plat approval for Lindell Addition, located at 7017 Antrim Road, for one new buildable lot, subject to the following conditions: 1) Final plat approval, 2) Subdivision dedication, 3) Utility connection charges, 4) Drainage pattern from new Lot 6, 5) Access for new lot only to Antrim Road, 6) Installation of silt fence during construction, and 7) Removal of all outbuildings except the carriage house. The proponent has presented a development plan for the new lot which has been reviewed and the drainage pattern approved by the City Engineer. of silt fence, removal of the outbuildings, and driveway to Antrim Road will be conditions of the building permit. Staff would recommend final plat approval, subject to: 1) Subdivision dedication based on a raw land value of $100,000, 2) Payment of any utility connection charges, and 3) Development agreement for construction of a new house on the property. Mayor Richards called for public comment on the request for final plat approval. No comment or objection was heard. Member Smith introduced the following resolution and moved its adoption, subject to: 1) Payment of subdivision dedication fee of $8,100, 2) Payment of utility connection charges, and 3) Executed developer's agreement: The installation I 232 11/5/90 RESOLUTION APPROVING FINAL PLAT APPROVAL FOR LINDEU ADDITION BE IT RESOLVED "y the City Council of the City of Edina, Minnesota, tat that certain plat entitled "LINDEIL ADDITION", platted by Steven M. Lindell and Barbara G. Lindell, husband and wife, and Byrdell J. Amdahl and Gwenivere J. Amdahl, husband and vife, and presented at the regular meeting of the City Council of November 5, 1990, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Kelly. Ro 11 call : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted *P-Y PLAT APPROVAL FOR FARRELIS PARKWOOD KNOKIS. TRACT A. R.L.S. 1286 (5700 BIAKE ROAD) CONTR?UED TO 11/19/90 Motion was made by Member Smith and was seconded by Member Kelly to continue the public hearing on preliminary plat approval for Farrells Parkwood Knolls, Tract A, R.L.S. 1286 (5700 Blake Road) to November 19, 1990. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR CONCRETE PATH TO JOIN EXECUTIVE CLUBHOUSE WITH 1ST TEE - BRAEMAR GOLF COURSE award of bid for concrete path to join the executive clubhouse with 1st tee at Braemar Golf Course to recommended low bidder, Curt Kriens Construction, at $8,370.00. Motion was made by Member Smith and was seconded by Member Kelly for Motion carried on rollcall vote, five ayes. *BID AWARDED FOR EMERGENCY REPAIR FOR FIRE TRUCK Motion was made by Member Smith and vas seconded by Member Kelly for award of bid for emergency repair on 1977 Fire Pumper Truck to Interstate Detroit Diesel not to exceed $6,200.00. Motion carried on rollcall vote, five ayes. BID AWARDED FOR PURCHBSE OF FOUR ADMINISTRATIVE CARS Member Smith asked for addition information on the purchase of administrative cars. said the vehicles will be Chevrolet Luminas through the Hennepin County Contract #1659AO. Examination of Hennepin County's specifications and the five bids they received indicated a good price. Engineer Hoffman Motion was made by Member Smith and was seconded by Member Kelly for award of bid for four administrative cars to Grossman Chemolet at $42,948.00 through Hennepin County Contract #1659AO. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. TEE EDINA FOUNDATION BYLAWS Al4ENT)MENT DISCUSSED: APPROVAL GIVEN TO INCREBSE BOARD MEMBERSHIP FROM NRJE TO TWELVE continued from the Council Meeting of October 15, 1990. Board of Directors have requested approval by the City Council and the Edina School Board of an amendment to their Bylaws that: Manager Rosland recalled that this matter had been The Edina Foundation 1) Would increase the membership of the Board from nine to twelve members, with four to be selected and approved by the School Board, four to be selected and approved by the City Council, and four to be selected as members at large by the eight so appointed. 2) shall be residents of the City. live or be employed in the City of Edina. Would provide that all members selected by the School Board and City Council Those appointed by the membership shall either 11 15 I90 233 3) and approved by the School Board, three members selected and approved by the City Council, and three members to be selected by the eight regular board members. If the establishment of the Advisory Board is approved, appointment of three members selected and approved by the City Council will then need to be made. Would establish an Advisory Board (super board) with three members selected Member Smith introduced the following resolution and moved its adoption: WHEREAS, Article XI11 of the Bylaws of The Edina Foundation provides that no amendment of Section 3.02 shall be made without the approval, by resolution, of both the School Board of Independent School District Number 273 and the City RESOLUTION - Council of the City of Edina; BE IT RESOLVED by the City Council of amending Section 3.02 to increase the twelve members. Motion for adoption of the resolution Rollcall : Ayes: Kelly, Paulus, Smith, Rice Nays : Richards Resolution adopted. Discussion followed on the issue that the.City of Edina that it hereby approves membership of the Regular Board from nine to was seconded by Member Kelly. the four members at large on the Regular Board selected by the membership (i.e. Eour appointed by the School Board-and four appointed by the City Council) shall either live or be employed in the City. present Bylaws provide that all Regular.Board members shall be residents of Edina. Mayor Richards commented that he felt there is enough talent in the City so that all board members should be residents. that the Regular Board members should live in Edina, but that if the Advisory Board is established they could either live or work in the City. was taken on the issue. The Member Kelly commented that she agreed No formal action The Council then discussed the proposed establishment of an Advisory Board consisting of nine members. Mayor Richards commented that he felt that the twelve members of the Regular Board should be able to get the job done. did not agree with the concept of a twenty-one member board as that would diminish its effectiveness. Member Paulus commented that she could approve it in concept if the Advisory Board were called upon only for special projects but that it would be too large a number to reach a consensus on various matters. the problem truly is that of fund raising and that the thrust of the proposed Advisory Board is to involve more people for greater fund raising efforts. Manager Rosland said that he understood that the Advisory Board members would be called on solely to help raise money. money but its prime responsibility would be administering the funds that are raised. He said that he Member Kelly said The Regular Board would also help to raise Member Kelly made a motion to approve the concept of an Advisory Board consisting of nine members who could either live or work in the City of Edina. for lack of a second. Motion failed Following additional discussion, it was the consensus of the Council that, because of the incredible number of hours the Regular Board spends each year in planning the fund raising event EDINAMITE, they should consider hiring a fund raiser, and that they should become a policy board on how to raise money rather than a working board to do projects. Mayor Richards said he would meet with the Foundation Board to convey that message. REPORT OF POTURES COMMISSION TO BE GIVEN ON 11/26/90 that the Futures Commission will present their report to the Council on November 26, 1990 at 5:OO p.m. at Arneson Acres Park. Members of the Edina School Board Mayor Richards announced 11/5/90 234 and The Edina Foundation Board have been invited to hear the presentation. I ELECTION UPDATE PRESENTED Manager Rosland referred to a memorandum dated November 1, 1990, from the City Clerk which gave an update on the General Election to be conducted on Tuesday, November 6. . Because of the unusual political developments concerning the Governor's race, special procedures have been developed to deal with write-in votes, potential use of stickers on ballots and the supplemental paper ballot for Office of Governor/Lieutenant Governor. It is anticipated that vote totals will be delayed for several hours following the closing of the polls. Also, it is conservatively estimated that the judges' payroll will be increased by $4,000.00, together with considerable additional staff time to deal with the emergency nature of this election. 1991 IHC PROPOSED LEGISLATIVE POLICIES h PRIORITIES PRESENTED: POLICY ADOPTION MEETXNG SCHEDULED FOR 11/27/90 attention to the League of Minnesota Cities (LMC) 1991 Proposed Legislative Policies and Priorities which will be considered for final adoption by the membership at the League's Policy Adoption Meeting on November 27, 1990. that if the Council has any strong position on any of the proposed policies he would convey that on behalf of the Council at the meeting. Manager Rosland directed the Council Members' He said *PETITION FOR STREET LIGHTING ON LESLEE LBNE;: REEZRRED TO ENGINEERING DEPARTMENT Motion vas made by Member Smith and was seconded by Member Kelly to refer the Petition for Street Lighting on Leslee Lane to the Engineering Department for processing. Motion carried on rollcall vote, five ayes. JrTHE EDINA ABC FOUNDATION PDND RAISER SCHEDULED FOR 11/17/90 Member Smith and vas seconded by Member Kelly to acknovledge receiving the invitation from The Edina ABC Foundation to support their fund raiser talent contest at the Edina High School Auditorium on November 17, 1990, at 2:OO p.m. Motion was made by Motion carried on rollcall vote, five ayes. UPDATE PRESENTED ON SOUTH HENNEPIN ElJMAN SERVICES COUNCIL an update on the status of the South Hennepin Human Services Council (SHHSC) Board of Directors. experience of this past summer the board voted to retain a business/office manager and to eliminate the position of director. office manager of SHHSC on a temporary basis. of council representatives and city managers will be meeting to discuss the future operation of SHHSC. Member Smith presented Currently, SHHSC is in a state of disarray and following the Jeanne Guendell has been hired as The executive committee comprised SWSCC BOARD AFFIRMS POLICY ON PROGRAMMING Member Smith informed the Council Members that Bill Weir, a resident of Edina and candidate for Hennepin County Park Commissioner, had petitioned the Southwest Suburban Cable Commission (SWSCC) to rescind a regulation that the SWSCC had adopted that prohibits candidates from presenting programming. grant a variance as requested by Mr. Weir. The commission did agree to review, in fact, the definition of news as it related to Mr. Weir's request. The SWSCC affirmed to continue the regulation and to not RED RIBBON VEEK CAMPAIGN REPORT GIVEN Manager Rosland called to the Council's attention a memorandum dated November 1, 1990, from Jay Jaffee, Chemical Health Program Coordinator, giving a final report on the Red Ribbon Week Campaign 1990 . for which the City funded the purchase of 25,000 red ribbons for $300. of the campaign was to raise awareness about alcohol and other drug use and abuse problems. . It was felt that the campaign was very successful because of the participation of many civic groups, churches and businesses. The object 11/5/90 235 RULES OF CRIMNBL PROCEDURE MODIFIED recently adopted a resolution, as recommended by the Prosecuting Attorney, recommending modification to the proposed change in Rules of Criminal Procedure. Because many cities strongly criticized the proposed rule change, the rules have been modified. The Prosecuting Attorney believes that these efforts prevented a substantial increase in both prosecution costs and law enforcement expenses. Manager Rosland recalled that the Council CLAIMS PAID Motion was made by Member Smith and vas seconded by Member Kelly to approve payment of the following claims as shown in detail on the Check Register dated 11/05/90 and consisting of 35 pages: General Fund $299,820.59, C.D.B.G. $13,748.41, Communications $1,735.58, Art Center $4,173.34, Capital Fund $3,236.01, Golf Course Fund $27,003.26, Recreation Center Fund $6,109.23, Gun Range Fund $964.62, Edinborough Park $13,502.74, Utility Fund $245,458.74, Storm Sever Utility $16,742.80, Liquor Dispensary Fund $3,979.94, Construction Fund $103,154.62, Total $740,169.88. Motion carried on rollcall vote, five ayes. . There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:05 p.m.