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MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALT..
NOVEMBER 19, 1990
ROUCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
EPILEPSY MONTH PROCLAIMED
vas adopted unanimously:
WJEREAS, there are more than 100,000 Minnesotans with some form of epilepsy; and
WJEREAS, epilepsy is the second most common neurological disfunction or physical
impairment, not a disease but a disorder of the nervous system; and
WHEREAS, sixty percent of those persons who have epilepsy are elementary school
children or younger which is approximately one child in every second classroom;
and
WHEREAS, early diagnosis and attention to the social and neurological aspects of
epilepsy will afford people better control; and
WHEREAS, there continues to be a need for improved education and more information
regarding public attitudes tovard miderstanding and accepting those persons vith
epilepsy.
NOW, THEREFORE BE IT RESOLVED, that I, Frederick S. Richards, Mayor of the City of
Edina, do hereby proclaim the month of November as
EPILEPSY HON!CH IN THE CITY OF EDINA
and encourage the residents of our City to increase their avareness of the needs
of those who have epilepsy.
PROCLAIMED this 19th day of November, 1990.
Mayor Richards read the following proclamation which
PROCLAMATION
CONSENT AGENDA ITEMS ADOPTED
Member Rice to approve and adopt the consent agenda items as presented, vith the
exception of removal of item IV.E - 50th and France Seasonal Banners.
Motion was made by Member Smith and vas seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
ORDINANCE NO. 825-A38 - TO PROVIDE FOR CONDITIONAL USE PERMITS TO ALLOW CERTAIN
HOME OCCUPATIONS BY HANDICAPPED RESIDENTS ADOPTED ON SECOND READING Planner
Larsen recalled that the Council had granted First Reading to Ordinance No.
825-A38 - To Provide fior Conditional Use Permits to Allow Certain Home Occupations
by Handicapped Residents at its meeting of November 5, 1990 subject to certain
revisions.
1) The amendment has been revised to provide for City Council'review after one
year, with notice, and thereafter every second year. The ordinance provides for a
review and not renewal. The Council would review to determine if conditions of
the permit are being observed. If they are not, the Council could order a
revocation of the permit.
conflicts with language in the state statute.
2) Presently the amendment provides for permits by residents who are "physically
unable to be fully employed" outside the residence. Staff would suggest this
phrase be changed to read "unable to be employed full time outside one's
residence."
He presented and explained the following changes:
The word "renewal" has been eliminated because it
This phrase is more definite and more easily understood.
3) The sentence added at the end of the "Purpose" paragraph would clarify that
handicapped persons did not have to go through the conditional use permit process
if they otherwise complied with the customary home occupation conditions.
4) Paragraph 4(c), relating to conditions, and paragraph 5, relating to review of
permits, have been entirely rewritten.
expiration and renewal of the permit, but instead provides that the Council shall
Paragraph 5 does not now provide for
238 11/19/90
review each permit periodically to see if the conditions under which the permit
was given are still being complied with. If they are not, then the Council may
direct the City Manager to proceed with revocation of the permit pursuant to
paragraph H of Section 4.
violators and they have a time stated in the notice to cure any violation.
is not cured, the matter is submitted to the City Council for hearing and the
Council may, at such hearing or continuation thereof, revoke the permit. This
paragraph has been set up using wording in the state statute regarding duration of
a permit.
Paragraph H provides that notice is given to the
If it
5) Paragraph (b) (ii) under Section 4. Conditions and Findings provides for a
maximum number of automobile trips per week to the dwelling unit by individuals
other than the residents thereof generated by the home occupation.
Planner Larsen said staff and the City Attorney would recommend approval of Second
Reading and adoption of the ordinance amendment as now presented.
Public Comment
Michael Patera, 7120 Glouchester Avenue, stated that he agreed with the
recommendation to eliminate the term "fully employed". He said he would like to
dispel two things: (i) it has been published and suggested that he is against the
proposed ordinance amendment which is untrue; (ii) that this ordinance amendment
deals with a neighborhood problem. The amendment would be applied city-wide and
it should be addressed as such. Mr. Patera said he assumed that this amendment is
for extra-ordinary relief from otherwise reasonable zoning requirements.
this does is contrary to most present handicapped legislation. The focus has been
to integrate handicapped individuals into society as opposed to isolating them in
their homes.
necessity results in erosion to a certain degree. The threshold criteria "fully
employed" creates an erosion without a concomit and showing of need. The phrase
is an initial qualifier for any applicant, is definitional, and is the yardstick
against which any applicant will be measured.
than the stated purpose.
productive and gainfully employed and those who are not. According to the present
standard "fully employed", a person who is productive and gainfully employed
outside the home can move the business home because that person might not be fully
employed. He argued that the way the ordinance is presently drafted it would give
concessions to a class of persons without a proper showing of need. You can be
fully employed outside the home in some fashion and but then get a physician to
certify that you can be more fully employed at home.
What
Also, because it is an exception to the zoning ordinance it of
"Fully employed" is much broader
It does not distinguish between those presently
Mayor Richards asked Mr. Pratera if he had precise language for 4.(c)(i) that he
would propose be considered rather than what is in the present draft.
alternative language to "fully employed", Mr. Pratera offered the wording "to
remain productive and gainfully employed".
As
Harold Bagley, 7113 Glouchester Avenue, addressed the last comment of Mr. Pratera,
and said that would create a problem because there is no standard.
worked ten hours a week outside the home one could argue they are gainfully
employed. The wording "on a full time basis" as suggested by the Planner is more
easily understood. The reason the Planning Commission had suggested "fully
employed" was to allow a little more breath to the concept - to give the disabled
person the ability to make use of all their talents.
job outside their home and create some income, but maybe they are talented at some
other job that they could only do in the home.
trouble with the term describing the ordinance as extra-ordinary relief. The
ordinance lists the permitted occupations so this would not be opening up the
neighborhood to all kinds of occupations.
complicated for a disabled person to get a variance to go from ten automobile
trips per week to twenty.
If someone
Maybe they could work at a
Mr. Bagley said he also had
He also said the procedure was
The ordinance could merely have been amended to simply
11/19/90 239
allow that and not have to get the conditional use permit.
home occupation cases it could well be that 40 trips a week
Mayor Richards reminded Mr. Bagley that the focus should be
zoning as it relates to land use.
He
is
on
argued that in some
not unreasonable.
the underlying
Member Smith then moved Second Reading of Ordinance No..825A-38 as presented
except that the language be amended to insert the phrase "unable to be employed
full time outside one's residence" instead of "to be fully employed", and moved
adoption as follows:
ORDINANCE NO. 825-A38
AN ORDINANCE AMENDING THE ZONING-ORDINANCE (NO. 825)
TO PROVIDE FOR CONDITIONAL USE PWMTS TO DW
CERTAIN HOIE OCCUPATIONS BY HANDICAPPED RESIDENTS
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
'Section 7 (General Requirements Applicable to All Districts Except as Otherwise
Stated) of Ordinance No. 825 is hereby amended by adding a new subparagraph as
follows :
"4.
Section 1. Paragraph D (Customary Home Occupations as an Accessory Use) of
Permitted customary home occupations by residents who are
physically unable to be employed full time outside their residence may be
allowed as a temporary conditional use, with variances from the conditions of
subparagraph 1 of this paragraph D, pursuant to the provisions of paragraph I
of Section 4 (Adpinistration and Procedures) of this ordinance."
Sec. 2. Section 4 (Administration and Procedures) is hereby amended by
adding a new paragraph I as follows:
"I. Temorarv Conditional Use Permits.
1. Pwmose. The purpose of temporary conditional use permits is
to allow handicapped residents of dwelling units to conduct and operate
permitted customary home occupations in their residence by means of such
variances from the conditions otherwise imposed by this ordinance on such
occupation as the Council deems necessary and appropriate to allow such
persons to properly conduct and operate such occupation from their residence.
The Council hereby finds and determines that it is in the best interests of
the City and its citizens to provide a process and means by which handicapped
persons can carry on home occupations from their residence and thereby become
or remain productive and gainfully employed, and that the granting of
conditional use permits pursuant to this paragraph I will promote the public
health, safety, morals and general welfare of the City, and its citizens.
However, handicapped residents who do not need variances from conditions
imposed by this ordinance on customary homeeoccupations need not, and are not
required to, obtain a conditional use permit pursuant to this paragraph I.
D and H of this Section 4 relative to the issuance of conditional use permits
shall apply to temporary conditional use permits issued pursuant to this
paragraph I, except as specifically changed by this paragraph I.
3. ApDlications and Notice.
(a)
2. Conditional Use Provisions Apply. All the provisions of paragraphs
An application for a temporary conditional use permit may be
initiated by the occupant of the residence.from which the home occupation is
to be conducted, whether such occupant is an owner or a lessee of the
residence.
accompanied by the following additional information:
(b) The application for a temporary conditional use permit shall be
(i) a letter (which shall be dated not earlier than 30 days prior
to the date of the application) from the applicant's attending physician
(who shall be duly licensed to practice medicine in Minnesota)
certifying that the applicant is physically unable to be employed full
time outside of the applicant's residence;
including the expected number of weekly automobile trips to the dwelling
. (ii) the specific home occupation proposed by the applicant,
11/19/90
unit by individuals other than the residents thereof expected to be
generated by the home occupation, the number of hours per day and the
number of days per week the home occupation will operate;
(iii) any proposed interior or exterior alterations to the
dwelling unit necessary due to the proposed home occupation; and
(iv) any other information required, in the opinion of the
Planner, to evaluate the application, to determine consistency with the
Comprehensive Plan, and,insure compliance with the requirements
contained in this ordinance and other applicable City ordinances.
(c)
(d)
I
The erection of a sign shall not be required in connection with the
Notice of hearing before the Council shall be published and mailed
application for a temporary conditional use permit.
as provided in subparagraph 5 of paragraph D of this Section 4 except that
mailed notice shall be given only to owners of property situated wholly or
partly within 350 feet of the property to which the application relates.
4. Conditions and Findings.
must make the same findings as set forth in subparagraph 5 of paragraph D of
this Section 4.
In order to grant a temporary conditional use permit, the Council
must also find that the proposed home occupation complies with the conditions
of subparagraph 1 of paragraph D of Section 7 of this ordinance, provided,
however, that:
subparagraph 1 of paragraph D of said Section 7, if deemed necessary by the
Council to permit the applicant to properly operate and conduct the proposed
home occupation and if the Council finds that such use will not negate or
violate any of the findings to be made pursuant to subparagraph 5 of
paragraph D of this Section 4;
of the applicant by individuals other than the residents thereof generated as
a result of such home occupation may be increased by the Council from ten per
week to a maximum of twenty per week in connection with the granting of such
permit.
Any permit granted pursuant to this paragraph I shall remain in
effect, if not earlier terminated under other provisions of this ordinance,
only so long as the following conditions are observed and complied with:
that the applicant occupy the dwelling unit described in the
permit, and then only so long as such applicant is physically unable to be
employed full time outside of the applicant's residence;
(ii)
subparagraph 5 of paragraph D of this Section 4 continue without change or
violation; and
Section 7 of this ordinance, as varied by variances granted by the Council,
are not violated.
5. Duration and Review of Permits.
effect only so long as the conditions set out in subparagraph 4(c) of this
paragraph I are observed and not violated.
paragraph I on the first anniversary of the effective date of the permit and
on each second anniversary (i.e., every other year) of such effective date
thereafter to determine if any of such conditions are not being observed or
are being violated.
which shall be published and mailed in the same manner as notice would then
be given under this ordinance for a then new conditional use permit. All
persons may be heard, and the Council shall receive such evidence and
in€ormation as it deems necessary or desirable, orally and in writing, at
such hearing and continuations thereof. If, at such hearing, or a
(a) In order to grant a temporary conditional use permit the Council
(b)
(i) the Council may grant a variance of any condition in
I (ii) the maximum number of automobile trips to the dwelling unit
(c)
(i)
that the findings made by the Council as set forth in
(iii) that the conditions of subparagraph 1 of paragraph D of
(a) Each permit issued pursuant to this paragraph I shall remain in
(b) The Council shall review each permit issued pursuant to this
I Such review shall be made at a public hearing, notice of
. 11/19/90 241
continuation thereof, the Council concludes, by resolution, that one or more
of the conditions set out in subparagraph 4(c) of this paragraph I are not
being observed or are being violated, then the Council may direct the Manager
to institute proceedings to revoke the permit as provided in paragraph H of
this Section 4.
exercising any remedies for violations of any conditions applicable to any
conditional use permit whenever they occur.
6. All Districts. Customary home occupations conducted pursuant to
The foregoing provisions shall not prevent the City from
temporary conditional use permits issued under this paragraph I shall be allowed
as a conditional use in all districts in which dwelling units are allowed.
and publication.
Sec. 3. This ordinance shall be in
ATTEST : Mayor -Ail&
City Clerk
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
ORDINANCE NO. 171-A35 (ESTABLISHING FEE FOR CONDITIONAL USE PERMIT FOR CERTAIN
HOME OCCUPATIONS BY HANDICAPPED RESIDF2W.S) ADOPTED: SECOND READING WAIVED Planner
Larsen presented Ordinance No. 171-A35 and explained that it would provide for a
$75.00 application fee for Temporary Conditional Use Permits for handicapped
residents as provided in Ordinance No. 815-A38 previously adopted. Staff would .
recommend adoption with waiver of Second Reading.
Member Rice introduced Ordinance No. 171-835 and moved its adoption as follows,
with waiver of Second Reading:
ORDINANCE NO. 171-A35
AN ORDINANCE AHENDING ORDINANCE NO. 171
TO ADD FEE FOR TEMPORARY CONDITIONAL USE PERMIT
THE CITY COUNCIL OF THE CITY OF EDINA, IIII"ESOTA, ORDAINS:
following thereto:
ORD. SEC . - NO. - NO. PURPOSE OF FEE/CHBRGE AMOUNT FEE NO.
825 403) 1 Temporary Conditional Use Permit $75.00
This ordinance shall be in full force and effect immediately upon
its passage and publication.
Section 1. Schedule A to Ordinance No. 171 is hereby amended by adding the
29f -a
Sec. 2.
ATTEST :
City Clerk
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
PUBLIC J3EARING ON PRELIMINARY PLAT APPROVAL FOR FARRELLS PARKVOOD KNOLLS (5700
BW(E ROAD) CONTINUED TO 12/3/90 Affidavits of Notice were presented, approved
and ordered placed on file. Planner Larsen presented the request for preliminary
242 11/19/90
plat approval for Farrells Parkwood Knolls at 5700 Blake Road, generally located
just north of Vernon Avenue at the corner of Blake Road and South Knoll Drive.
. Presentation bv Planner
The subject property is a developed single family lot containing an area of 95,700
square feet, or 2.2 acres.
portion of the lot.
Parkwood Knolls development.
The existing dwelling is located in the central
The lot is adjacent to but is not part of the original
The Community Development and Planning Commission considered the proposed
subdivision at two meetings and has considered three different approaches to the
preliminary plat. At its meeting of August 29, 1990, the plat was originally
proposed as a three lot plat with new lot lines generally running in a east-west
direction. The staff report was written on the three lot proposal. However, at
the Planning Commission meeting the proponents presented a revised two lot plat
which eliminated the northerly lot.
approve the revised two lot preliminary plat.
Following that meeting the proponents chose not to proceed to the Council with the
approved two lot plat. Instead they decided to return to the Planning Commission
meeting of September 26, 1990, with a revised three lot subdivison. The revised
three lot plat left the proposed new lot south of the existing home essentially
the same as the earlier proposal.
now divided east/west as opposed to north/south as in the earlier three lot
preliminary plat.
Knoll Drive on Lot 2.
Knoll have an average setback of 127 feet.
Planner Larsen presented graphics showing the proposed three lot plat and the 500
foot neighborhood, consisting of 45 lots, that was used for the size/area
comparison.
depth of 149 feet and lot area of 20,000 square feet.
dimensions are as follows:
The Planning Commission voted unanimously to
The northerly portion of the proposed plat was
This change would allow for a larger front setback from South
The three existing homes that front on this block of South
The standards for the neighborhood are lot width of 130 feet, lot
The proposed lots
Lot Width Lot Depth Lot Area
Lot 1 126 240 32,300
Lot 2 130 205 26,700
Lot 3 108 273 36,700
Lots 1 and 3 would require a lot width variance.
exceed all other size requirements.
All of the lots comply with or
The property abuts an existing water body.
100 foot conservation easement upland from the ordinary high water mark. That
easement has been provided in the preliminary plat.
that plans be submitted illustrating areas of steep slopes as well as the location
of the proposed building pads.
the homes were pointed out on the graphics.
The subdivision ordinance requires a
The ordinance also requires
The proposed building pads and the setbacks for
The Planning Commission voted by a 5 to 4 margin to recommend denial of the
revised three lot plat. The lot width variances required for Lots 1 and 3 and the
possibility of a need for-a front setback variance on Lot 2 were given as reasons.
The proponents have decided to proceed to the Council and ask for approval of the
revised three lot plat.
Presentation bv Proponent
James Van Valkenburg, stated that he represented the proponents, Jim and Linda
Farrell, who own the subject property and that he wished to clarify some of the
concerns that were raised at the prior hearings.
proposal illustrated Lots 1 and 2 with a division line running east/west.
of the planning commissioners objected because one of the houses would have to be
I At the first hearing, the
Several
11/19/90 243
built on the setback alignment of the existing homes on South Knoll Drive.
suggested that the Farrells return with the current proposal with a north/south
division so that the home on Lot 2 would meet the setback of the other homes in
the area as required by the Zoning Ordinance.
immediately to the west is setback 125 feet, the next home to the west is 121
feet, and the setback for the proposed plat would be 135 feet.
Mr. Van Valkenburg said the current request is for approval of a three lot plat
with a north/south division. All of the proposed lots are substantially larger
The lot width for
Lot 1 is shown at 126 feet and would require a 4 foot variance.
Road for Lot 3 is shown at 108 feet in width and would also require a variance.
An earlier drawing met the 130 lot width requirement for Lot 3 but some of the
planning commissioners were concerned about the backyard of Lot 2. To address
that concern the lot line was moved to provide more backyard for Lot 2 and not
adversely affect Lot 3 because the Farrells intend to build a new home much
further to the west and south on Lot 3.
conservation easement on Lot 3 which will be preserved as the Farrells do not
intend to have their new home encroach on that.
It was
He pointed out that the Wurst home I
1 than the 500 foot neighborhood median of 20,000 square feet.
Frontage on Blake
The proposed plat illustrates a 100-foot
In conclusion, Mr. Van Valkenburg urged approval of the proposed plat, He
observed that they are trying to work with the Wursts immediately to the west.
approved, they would attempt to work out some type of easement to protect the
existing trees, to have an setback alignment that would not adversely affect the
Wursts, and place some restrictions on Lot 2 to control mass and height of the
home to be built thereon.
If
Public Comment
Thomas Wurst, 6205 South Knoll Drive, stated that he and his wife om the
adjoining property immediately to the west of the Farrell property.
that when they purchased their lot the house on the Farrell property was in
existence.
conform to the existing house.
conform to the same setback.
South Knoll Drive between Blake Road and View Lane.
setback alignment should be preserved.
He explained
They were informed that they would have to setback their residence to
The property immediately to their west also had to
These are the only three properties on south side of
He argued that the existing
Mr. Wurst recalled that initially the Farrells asked them for their comments on' a
three lot subdivision. After considering the proposed subdivision, they told the
Farrells they would object to three lots for aesthetic and other reasons but would
have no objection'to the proposed Lot 3. At the first Planning Commission hearing
the two lot subdivision was approved.
asked for approval of a three lot subdivision. Mr. Wurst said they still have the
same objections.
Subsequently, the proponents came back and
As to the median size lots in the 500 foot neighborhood to the subject property,'
Mr. Wurst submitted that the neighborhood contains two separate platted areas.
The area on the east side of Blake Road was developed with much smaller lots.
lots in Parkwood Knolls were platted at a later period with larger lots.
Mr. Wurst said he was deeply concerned about the proposed plat, i.e. location of
the building pad on Lot 2, location of the driveways, the topography, and the
conservation easement for the pond.
see the property maintain the setbacks and aesthetics that are there now.
Council Comment
Member Rice questioned the feasibility of a driveway for Lot 1 coming off of South
Knoll Drive. As to Lot 2, he said he would be concerned that a house on that lot
could dominate the neighborhood because of the topography.
The
He concluded by stating that he would like to
I
Member Kelly asked if protective covenants that might be placed on the property
244 '
11/19/90
would run with the land.
protect the adjacent properties.
Mayor Richards commented that he would have a difficult time in supporting the
concept of a three-lot subdivision. However, there.are some unique
characteristics to this property that would justify doing that if other concerns
are answered. He said he felt the neighborhood is oriented to the west and that
Blake Road is a division between the lots to the east and could be persuasive for
a two-lot development. Lot width variances of four feet for Lot 1 and twenty-two
feet for Lot 2 would not preclude granting a three-lot subdivision. He suggested
this be approached as a planned unit development so that all affected parties
would know exactly what would occur.
three-lot subdivision provided that there was concurrence as to location of curb
cuts, driveways, footprint of buildings, height and mass of buildings, setbacks,
vegetation plan for all three lots.
with that concept if those issues would be addressed.
Attorney Erickson opined that they could and thereby
.
I
Mayor Richards said he would support a
The Council Members said they would concur
Planner Larsen pointed out that the proposed plat has been under consideration for
some time and it is approaching the 120 days deadline for action by the Council.
Mr. Van Valkenburg, representing the proponents, stated that they would waive the
120 day requirement. Attorney Erickson said such waiver should be in writing and
clarified that the Council would have to take action at the December 3, 1990,
Council meeting if the requirement was not waived.
Member Smith made a motion to continue the hearing on preliminary plat approval
for Farrells Parkwood Knolls to December 3, 1990, with a specific proposal for a
three-lot subdivision that would address the following issues for all three lots:
1) curb cuts, 2) driveway locations, 3) vegetation plan, 4) building pads, 5)
setbacks, 6) massing for Lot 2, and 7) conservation easement for Lot 3.
Motion was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*BID AWARDED FOR COLLECTION OF GARBAGE/REFIJSE FROM CITY PROPERTIES Motion .
vas made by Member Smith and was seconded by Member Rice for award of bid for
collection of garbage/refuse from City properties to recommended low bidder,
Aagard Environmental Services, at $5.89 per cubic yard.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR SKID STEER TBADER WITH ATTACEMENTS Motion was made by Member
Smith and was seconded by Member Rice for award of bid for a skid steer loader
vith attachments to recommended low bidder, Case Power 6: Equipment, at $26,765.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR FUEL MONITORING SYSTEM Motion was made by Member Smith and was
seconded by Member Rice for award of bid for a fuel monitoring system to
recommended low bidder, Westside Equipment, at $10,362.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR DRIVING RANGE !CRAGTOR FOR BRAKKAR GOLF COURSE
Member Smith and was seconded by Member Rice for award of bid for a driving range
tractor for Braemar Golf Course to recommended low bidder, North Star Rrrf, at
$6,015.00.
Motion was made by
Motion carried on rollcall vote, five ayes. I BID AWARDED FOR 50TH AND FRANCE SEASONAL BANNERS
by the Council, Assistant Manger Hughes explained that the bid is for nylon
banners to be placed within the new street light and pedestrian light standards at
50th & France.
are warranted for five years, but are expected to last longer.
In response to questions raised
The bids were for banners which have been specifically designed,
They would be up
11/19/90 245
for approximately two months and their purpose would be to add color during the
winter season.
from the 50th & France commercial area.
The colors were selected by working with a committee of merchants
Christian Johnson, 50th & France Steering Committee, commented that this was the
design recommended by the committee to best fit the season and that they felt the
banners were imperative to the whole renovation project.
committee is considering banners for other seasons of the year.
Hughes said if these work out well they may consider additional banners.
Member Rice asked if the
Assistant Manager
Manager Rosland explained that these were a part of the total budget for the
renovation project at 50th & France.
instead of under a general contract there is a cost savings of 10-20%.
By bidding items such as these separately
Motion was made by Member Rice and was seconded by Member Kelly for award of bid
for 50th & France seasonal banners to recommended low bidder, Banner Creations, at
$5,275.00.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
TRBPPIC SAF'ETY COMMITTEE MINUTES OF 11/13/90 APPROVED: NO ACTION TAKEN ON REQUEST
TO CHBNGE HOURS OF LIMITED PARKING IN 50TH C FRANCE RAMPS Chief Craig Swanson
explained that the Traffic Safety Committee had received a request from the 50th
and France Business and Professional Association to change "Hours of Limited
Parking" signage in the municipal ramps on West 49 1/2 Street and 51st Street.
The request was to enforce only the one hour parking areas of the ramps from
Thanksgiving through Christmas, but allow parking for unlimited periods in all
other signed areas.
The Committee's stance was that this would not be consistent with current policies
and that any change would have to be made by the Council. The action taken by the
Committee was to pass the item on to the City Council for review and possible
change by resolution.
Christine Johnson spoke on behalf of the 50th & France Board of Directors.
At their last meeting they voted to request that the three hour parking
restriction be temporarily suspended.
50th and France, three hour parking is not adequate for customers. Ms. Johnson
explained that they are reviewing several issues regarding the ramps, i.e.
employee parking, customer concerns, etc. This is viewed as a temporary solution
through the holidays until a final plan can be offered to the Council after the
first of the year.
With the variety of shops and services at
In response to question of Member Paulus, Lota Werth, Executive Director of 50th 6
France Association, said that there are two ways to let people know that there is
longer term parking in the ramps: 1) generic advertising for the Association, and
2) additional signage.
parking at Southdale, the Galleria and strip malls in the area. They want to
remain competitive and also want to make it as attractive as possible for
customers to come to the area. They realize that there are parking situation
problems because there will probably never be sufficient parking for customers or
employees. The Board is attempting to put together a comprehensive parking plan
for the next year, including private security to monitor the employee situation.
She said they are up against big odds with unrestricted
Mayor Richards asked if the Board of Directors had discussed the possible loss of
customers because people could park for extended periods of time which could
reduce the number of parking spaces available.
that aspect.
Ms. Werth said they had considered
246 11/19/90
Perry Anderson, merchant, said he was opposed to the temporary non-enforcement of
the three hour parking in the 50th & France ramps.
of long term parking to the detriment of business invitees and merchants who are
assessed in the costs of the ramps.
employee parking. Hosmer Brown, property owner at 50th & France, said this was
the most difficult issue they have faced and there is not a friendly consensus on
the issue. He said he shared many of the concerns of the merchants and business
people at the comer but was not qonvinced that this would work or be helpful.
However, he pointed out that it was recommendation of the Board of Directors and
was one attempt to try to find a solution to the parking problem.
It would encourage other types
. It would also eliminate all control of
Following lengthy discussion, Member Rice made a motion to ackuovledge receipt of
the recommendation of the 50th and France Business and Professional Association to
change the hours of limited parking signage in the municipal ramps of 50th and
France and to take no action thereon at this time.
Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Member Kelly then moved approval of the following recommended action listed in
Section A of the Traffic Safety Committee Minutes of November 13, 1990:
1) To relocate the "SIGNAL YOUR TU"" sign vest of the driveway to Point of
France, to have the Engineering Department review the site for possible ways to
cut a turn lane for westbound traffic into the complex and/or appropriate signing
and pass on to City Council, and to recommend to the City Council to pass a
resolution to Hennepin County to review the pedestrian safety issues at West 66th
Street and France Avenue,
and to acknowledge Sections B and C of the Minutes. I Motion was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
POLICY BDDRESSING ALCOHOL CONSUMPTION BY COACBES/CHBPERONS WHILE TRBVELING WITH
CITY SPONSORED YOUTH A!CHTXTIC EVENTS REPWReD BACK TO COMMUMITY HEBLTH SERVICES
ADVISORY COm
Community Health Services Advisory Committee at its November 8, 1990, meeting
supporting the Edina School District's Strategic Plan.
recommended that the City of Edina adopt a policy prohibiting the consumption of
alcohol by coaches and chaperons while traveling with City sponsored youth
athletic teams. The Committee believes that sanctions for failing to comply with
this policy should include seasonal, annual or total suspension for the violators.
Mayor Richards referred to a resolution adopted by the Edina
In addition, the Committee
Member Paulus said this is a part of the School District's plan concerning the
issue of alcohol use by students in athletic programs.
would need to be cleared up and some good coaches may be lost.
if this could merely be a policy statement that we do not approve of alcohol
consumption by coaches and chaperons.
The issue of enforcement
Member Kelly asked
After considerable discussion, Member Smith made a motion to refer the matter back
to the Community Health Services Advisory Committee with the directive that the
Committee work with the Edina Park Board to discuss the recommendation and the
concerns raised by the Council with the athletic associations and then report back
to the Council. Motion was seconded by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried. I PROPOSAL BYMETRO RELATIONS. INC. TO MONITOR THE MUCC DISCUSSED Manager Rosland
advised that he had received a proposal from Eugene E. Franchett, owner of Metro
Relations, Inc., who has extensive background experience in government affairs, to
provide ongoing Metropolitan Waste Control Commission (MWCC) oversight, analysis
and advocacy service for cities. Fees would vary depending on a city's use of the
11/19/90 247
wastewater system and for the City of Edina
The rates charged by MWCC have continued to
would be approximately $5700 per year.
rise and it has been very frustrating
to attempt to get answers from the MWCC.
be done to monitor the activities and expenditures of MWCC.
should do this. Manager Rosland said he would like to talk with the Suburban Rate
Authority before he would recommend the proposal from Metro Relations, Inc.
action' was taken.
EDINA CHAWBER OF COMMERCE PROPOSAL TO AUTHORIZE SALE OF STRONG BEER DISCUSSED:
PUBLIC FORUM TO BE HELD
Commerce, referred to his letter of November 8, 1990; addressed to the Mayor and
Council Members. The letter advised that the Minnesota Legislature, in its 1990
session, passed legislation enabling municipalities to, by ordinance, authorize
the holder of an on-sale wine license to sell 3.2 beer, and whose total sales are
at least 60 percent attributable to the sale of food, to sell strong beer at
on-sale without an additional license (340a.404, Subd.5(b)).
He said that something should probably-
The question is who
No
Marsh Everson, President of the Edina Chamber of
After consideration and discussion, the Board of Directors of the Edina Chamber of
Commerce has concluded that the passage of an ordinance by the City of Edina
authorizing the sale of strong beer in a manner consistent with the existing
ordinances regulating the sale of on-sale wine would be beneficial to the business
environment of the City, which in turn, would serve the general best interests of
the City as a whole.
After reaching this conclusion, the Board of Directors passed a resolution
supporting the addition of strong beer to the wine licensing ordinance as provided
by Minnesota law, and hereby requests that the City Council consider and pass an
enabling ordinance to that effect.
. -
Virginia Bodine, Executive Director, Edina Chamber of Commerce, commented that
there have been no problems with the on-sale wine ordinance.
concern was the businesses in Edina and they would like to support them.
strong beer to the on-sale wine ordinance would be helpful to the businesses.
Their primary
Adding
Warren Beck, Gabbert and Beck and Board Member, said that the issue is not the
percentage of alcohol but the brands available to restaurants.
imported beers are not 3.2 beer and restaurants which are trying to provide an
extensive array of beverages to their customers, based on customers' desires, find
themselves limited by not having strong beer available.
of action and taking the steps to allow the sale of strong beer, the primary
benefit would be the attraction of restaurants for which sale of imported beers is
considered as important to business development as the sale of wines.
Most premium or
By considering this kind
Attorney Erickson clarified that this would require an amendment to the on-sale
wine licensing ordinance.
"intoxicating malt liquor".
includes malt beverage which has by weight more than 3.2% alcohol.
it is an intoxicating,liquor and they are defining it more closely by calling it
"intoxicating malt liquor" which presumably means beer at more than 3.2% alcohol.
In order to sell strong beer as provided by the statute, there are three
requirements: 1) you must hold an on-sale wine license, 2) you must hold a 3.2
beer on-sale license, and 3) 60% or more of gross receipts must be attributable to
the sale of food. Then the Council may if it wishes, by ordinance, allow the sale
of strong beer without an additional license.
He explained that the statute does not define
There is a definition of "intoxicating liquor" which
So in essence,
The issue was raised by the Council as to whether this could be interpreted to
permit the sale of intoxicating liquor.
solved by the use of language in the ordinance that would clearly define strong
beer.
hearing on the matter.
Attorney Erickson said that could be
Also discussed was whether there should be an advisory referendum or public
24% 11/19/90
Member Kelly made a motion that staff work with the Chamber of Commerce Board to
bring back a specific proposal to hold a public forum after the first of the year
to solicit comments on the issue of an ordinance amendment that would allow the
sale of strong beer by holders of an on-sale wine license who also hold a 3.2 beer
license if 60% or more of gross receipts are attributable to the sale of food.
Motion was seconded by Member Paulus.
I -
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
RESOLUTIONS ADOPTED RELATING TO TAX FORFEITED LBND: PARCEL TO BE ACOUIRED FOR
PUBLIC PURPOSES
discussed the three parcels on the Hennepin County List 760-NC of tax forfeited
land. Per state statute the City can request any of the following: 1) Approve the
pa-rcel(s) for public auction, or 2) Approve the parcel(s) for sale to adjacent
property owners, of 3) Request conveyance to the City for public use without
monetary consideration.
Parcel A (PINS 08-116-21-42-0216)
and open space in the Dewey Hill Estates plat.
open space is desirable.
Planner Craig Larsen informed the Council that staff had
Staff would recommend the following:
Located adjacent to the City's existing ponding
Public ownership of the parcel for
Parcel B (PINS 29-117-21-43-0047)
alley serving homes on Doncaster Way and Lochloy Drive.
public purpose for acquisition of this parcel.
property owners is recommended.
Parcel C (PINS 20-028-24-34-0002)
and 3219 West 60th Street.
There are no public utilities or public uses of the property.
abutting property owners is recommended.
Member Rice introduced the following resolutions and moved adoption:
BE IT RESOLVED by the City Council of the City of Ed- that the City Attorney
be authorized and directed to file "Application by Governmental Subdivision For
Conveyance of Tax Forfeited Lands", for the following described property contained
in Hennepin County Auditor's List "760-NC", said property to be used by the City
as hereafter set forth:
ADOPTED this 19th day of November, 1990.
A small 30 by 20 foot portion of a private
There appears to be no
Sale of parcel to abutting
Narrow strip of land (11 1/2 feet) between 3205
There is no history on why this parcel was created. I Sale of parcel to
RESOLUTION
PIN 08-116-21-42-0216 - Open space.
RESOLUTION
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 11/07/90, Non-Conservation List 760-NC; and
-, the parcels in said list identified as PIN Nos. 29-117-21-43-0047 and
20-028-24-34-0002 have 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;
WHEREAS. it has been determined by the Edina City Council that there are no
existing or pending special assessments on said parcels;
NOW, TBEBEPORE, BE IT RESOLVED by the Edina City Council that the said
classification is hereby approved;
BE IT FURTHER RESOLVED by the Edina City Council that, acting pursuant to
Minnesota Statute 282.01, it has determined that said parcels of land are not
buildable according to the City's Zoning Ordinance because of minimum area and
that sale of said parcels be limited to abutting property owners for attachment
thereto.
ADOPTED this 19th day of November, 1990.
1 l/ 19/90 249
Motion for adoption of the resolutions was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolutions adopted .
*BOARD OF REVIEW HEARING DATE SET FOR 4/22/91 Motion was made by Member Smith and
was seconded by Member Rice to set April 22, 1991 as hearing date for the Board of
Review.
Motion carried on rollcall vote, five ayes.
*1991 COUNCIL MEETING DATES APPROVED
seconded by Member Rice to approve the following Council Meeting Schedule for 1991
for months when the regular meeting falls on a holiday:
Motion was made by Member Smith and was
January - Monday, January 7
February - Monday, February 4
September - Monday, September 9
Rzesday, January 22
Tuesday, February- 19
Monday, September 23
Motion carried on rollcall vote, five ayes.
INTERGO-AI. ACTIVITIES REPORTED Member Smith reported the following: 1)
The School District and City will meet on November 20 to discuss further
developments for the Senior Citizen Center at the Edina Community Center in an
effort to enhance. the Center.
2) South Hennepin Human Services Council - The message is getting out that we
have to decide what SHHSC's mission is to be and the cost thereof and then go back
for funding from the cities.
Council representatives, Executive Committee and City Managers to get to the
bottom line on that issue. Currently, no new director is being hired. Staff
consists of an office manager and one other staff person.
MAINTENANCE OF CITP'S HOUSING STOCK DISCUSSED Member Smith said he is concerned
that some of the residents are not maintaining their homes and recalled that part
of the City's Mission Statement talks about maintaining the residential community.
He suggested that the Council consider some type of credit against the appraised
value for costs incurred by residents for maintenance work an their properties.
Member Rice said he felt the City should be more pro-active in enforcing existing
codes. It was generally agreed that this issue should be discussed prior to the
Council Strategic Planning Session in March.
January was suggested.
A meeting is scheduled in early December with the
A Saturday work session in early
FAIRVIEW SOUTHDALE DETOX CEPJTW TO BE CLOSED
Chief Craig Swanson had attended a meeting last week regarding the potential
closing of the Eden Prairie Detox Center operated by Fairview Southdale Hospital.
Fairview Southdale wanted to lobby HeFepin County more aggressively in an effort
to keep the center open. Other alternatives were considered, i.e. sobering house, ,
which the County may consider supporting instead of the medical model that the
Fairview Southdale Detox Center offers.
Manager Rosland reported that he and
If the detox center is closed, the Edina Police Officers will have to use the
facility at Plymouth (medical model) or Minneapolis at 18th Street/Chicago Avenue
(sobering station). Chief Swanson explained that, if both those facilities are$
full, the Police Officers will release the intoxicated individual to a responsible
adult or take the person to the Metropolitan Medical Center emergency.
MLC HOST BREAKFAST FOR LEGISIATORS NOTED
MLC Host Breakfast for legislators on December 5, 1990.
Council Members considering attending because Edina has a newly elected
representative for District 42B.
Manager Rosland said he would attend the
He suggested that the
250 11/ 19/90
WILDLIFE COEMITTEE TO DEAL UI!l!EI WILDLIFE ISSUES
Council that a committee has been formed, chaired by Assistant Manager Hughes, to
deal with all the issues and problems relating to wildlife (raccoons, geese, deer,
consider other ordinance provisions such as "no feed" which may be necessary.
The committee will report their recommendations to the Council at the second
meeting in January, 1991.
Manager Rosland informed the
. etc.) in the City. The committee will look at existing ordinances and will
*CTATM!: PAID Motion was made by Member Smith and was seconded by Member Rice to
approve payment of the following claims as shown in detail on the Check Register
dated 11/19/90 and consisting of 29 pages: General Fund $265,709.33, C.D.B.G.
$35.00, Communications $5,251.00, Art Center $9,709.76, Capital Fund $535.00, Golf
Course Fund $9,944.00, Recreation Center Fund $8,798.43, Gun Range Fund $817.26,
Edinborough Park $17,948.35, Utility Fund $9,880.31, Storm Sewer Utility
$6,754.02, Liquor Dispensary Fund $108,051.28, Construction Fund $341,377.38,
Total $784,811.10; and for confirmation of payment of the following claims as
shown in detail on the Check Register dated 10/31/90 and consisting of 18 pages:
General Fund $963,362.61, Communications $2,475.02, Art Center $1,133.23, Swimming
Pool Fund $918.46, Golf Course Fund $18,166.26, Recreation Center Fund $13,893.11.
Gun Range Fund $452.18, Edinborough Park $14,555.23, Utility Fund $46,097.62,
Storm Sewer Utility $76.47, Liquor Dispensary Fund $254,606.06, Total
$1,315,736.25
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 10:47 p.m. \*