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HomeMy WebLinkAbout19901217_regularmS OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY IIBLL 263 DECEHBEB 17, 1990 ROLLCALL Answering rollcall were Members Paulus, Kelly, Rice, Smith and Mayor Richards. TRUTH IN TAXATION HEARING CONCLUDED: 1991 BUDGET ADOPTED Mayor Richards stated that this was a reconvened meqting of the Truth in Taxation hearing to solicit further public comment on the proposed property.tax increase in the 1991 Budget for the City of Edina. meetings held on November 20, November 29 and December 3, 1990. He mentioned that public testimony had been given at .Mayor Richards stated that for purposes of the Truth in Taxation hearings the Council had accepted a proposed 1991 Budget totaling $13,577,622. approximately 77% would be raised by real estate taxes, with the balance coming from fees and charges. resulting in a 3.9% increase in real estate taxes. Mayor Richards then called for further comments from the audience. motion was made by Member Kelly and was seconded by'Member Rice to close the Truth in Taxation Hearing. Member Smith introduced the following resolution and moved its adoption: 0f.that amount Expenditures for 1991 are estimated to increase by 4.2%, Hearing none, Motion carried unanimously. RESOLUTION ADOPTING BUDGET FOR THE CITY OF ED= FOR THE YEAR 1991, AND ESTABLISHING TAX LEVY FOR THE YEAR 1991 PAYABLE IN 1991 THE CITY COllJ!lCIL OF THE CITY OF ED=, "NESOTA, DOES RESOLVE AS FOIJAX?s: Section 1. adopted as hereinafter set forth, and funds are hereby appropriated therefor. GENERAL FUND . GENERAL GOVERNMENT The Budget for the City of Edina for the calendar year 1991 is hereby Mayor and Council $ 59,530 Administration 565,619 Planning 215,899 Finance 323,466 Election 25,107 Assessing 358 , 739 Legal and Court Services 330 000 TOTAL GENERAL GO- $ 1,878,360 PUBLIC WORKS Administration Engineering Highways . TOTAL PUBLIC WOm $ 114,999 443,201 2.697.048 $ 3,255,248 PROTECTION OF PERSONS AND PROPERTY Police $3,506,088 Civilian Defense 27,214 Animal Control 56; 675 Fire 2,060,827 Public Health 306 , 667 Inspection 260.673 TOTAL PROTECTION OF PERSONS AND PROPERTY $ 6,218,144 PARK DEPARTMENT Administration $ 373,632 Recreation 120 , 250 Maintenance 1.231.150 TOTAL PARK DEPARD $ 1,725,032 I 264l 12/ 17 /90 NOH-DEPAR!WELWAL EXPERDITURES Contingencies $ 80,000 Special Assessments on City Property 65 , 000 Capital Plan Appropriation 117,000 Commissions and Special Projects 238.838 TOTAL NOH-DEPARTMENTAL EXPENDITURES $ 500.838 TOTAL GENERAL F"D * $13.577.622 Section 2. Estimated receipts hereinafter set forth: GENERAL FlmD Licenses and Permits Municipal Court Fines Department Service Charges Other Trksfer from Liquor Fund Income on Investments Aids - Other Agencies Police Aid other than General Tax Levy are hereby proposed as $ 745,050 515 , 000 866 , 000 220 , 500 350,000 80 , 000 207,000 $ 210.000 TOTAL ESTIMA"ED RECEIP!CS $3.193.550 Section 3. property in the Cie of Edina a tax rate sufficient to produce the amounts hereinafter set forth: That there is proposed to be levied upon all taxable real and personal FOR GENERAL FUND $10,384,072 Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. AAA AWARD OF MERIT FOR PEDESTRIAN SAFETY PRESENTED Services Manager for AAA, presented the AA4 Award of Merit for Pedestrian Safety to Police Chief Craig Swanson and congratulated the City of Edina for it efforts in reducing pedestrian accidents through promotion of pedestrian safety. $1500 CHECK PRESENTED TO CITP BY kDINA MASONIC LODGE Tom Peterson, Master of Edina Masonic Lodge, presented a check in the amount of $1,500 to the Edina Fire Department for rescue equipment. JoAnne Boche, Community Member Smith moved adoption of the following resolution: WHEREAS, for the past 13 years the Ed- %sonic Lodge has donated money to the Edina Fire Department for its rescue equipment; and WHEEEAS, this money has been earned by members of the Lodge from their efforts in putting on an annual Pancake Breakfast; and WHEEEAS, a check in the anunmt of $1,500 has been generously given to the Edina Fire Department for purchase of rescue equipment; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that most sincere appreciation be expressed to all members of the Edina Masonic Lodge for its interest in the well-beiag of all Edina residents through this generous contribution; and BE IT FURTHEB RESOLVED, that this Resolution be entered into the Minutes and that an appropriate copy be presented to the as a token of gratitude of the Edina City Council and all the citizens of Edina. Motion was seconded by Member Kelly and unanimously adopted. RESOLUTIOH OF BPPRECIATION EDIIU HA!SONIC LODGE 12/17/90 265 i CONSENT AGENDA ITEMS ADOPTED Motion was made by Member Kelly and was seconded by Member Smith to approve and adopt the consent agenda items as presented, with the exception of removal of item X.B - Annual Council/Boards Dinner Meeting. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF THE REGULAR MEETINGS OF 9/17/90 AND 10/1/90 APPROVED Motion was made by Member Kelly and was seconded by Member Smith to approve the minutes of the regular meetings of September 17, 1990 and October 1, 1990. Motion carried on rollcall vote, five ayes. PUBLIC HEBRING HELD ON PRELIMIJURY PLAT FOR BELFRY ADDITION: STAFF DIRECTED TO PREPARE FINDINGS FOR DENIAL Affidavits of Notice were presented, approved and ordered placed on file. approval for Lot 45, Morningside, located at 4243 Grimes Avenue. Planner Larsen presented the request for preliminary plat Presentation by Planner Planner Larsen stated that the subject property is a developed single family lot measuring 100 feet by 200 feet with an area of 20,000 square feet. The proposed subdivision would create one new buildable lot. northerly portion of the property. The new buildable lot would be the southerly one-half of the property. The resulting lots would measure 50 feet in width by 200 feet in depth and would have an area of 10,000 square feet. minimums for lot depth and area. However, each lot being 50 feet wide would be 25 There is an existing home on the The new lots would meet the zoning ordinance feet less than the minimum standard of 75 feet and would-require a 25 foot lot width variance. There are 113 single family lots in the 500 foot neighborhood surrounding the subject property. and the median lot area is 10,000 square feet. proposed lots are the same as in the 500 foot neighborhood, but the width of each of the new lots, as stated, is 25 feet less than the allowed minimum. property is part of the Morningside plat. Lots in this original plat were 100 feet wide. However, most have since been subdivided into 50 foot wide lots. Most of the lots were subdivided prior to annexation of Morningside by Edina in 1966. In 1984 the City Council denied a proposed subdivision on this block of Grimes Avenue. In considering the requested variance, the Community Development and Planning Commission focused on the existing conditions along Grimes Avenue between West 42nd Street and Morningside Road. This block originally contained 22 100-foot wide lots. that the character of the street remains that of the larger 100 foot lots. found that a hardship was not demonstrated and that the requested variance should be denied and recommended denial of the proposed preliminary plat. Public Comment Dick Belfry, proponent, presented a graphic showing the greenery on the subject property and the siting of the proposed house. plat would result in two 50 foot by 200 foot lots and would be the same size or greater than 83 of the 113 lots in the 500 foot neighborhood. The proposed new house is designed to save the existing trees and shrubs and the hedge. addition, he proposed to plant a hedge between the proposed home and the existing home. The design concept calls for a craftsman style bungalow, of.which there is a prepo.nderance in Morningside, of the same general size and style of the existing The median lot width is 50 feet, the median depth is 200 feet The dimensions and area of the The subject Within the 500 foot neighborhood only 11 of the 113 lots remain undivided. Since then two lots have been subdivided, one in 1972 and one in 1978. Twelve of those lots remain undivided. The Planning Commission felt They He explained that his proposed In I 266 12/17/90 home. sensitive to that and his intent was for the new home to fit into the community with minimal impact. feet which is the size of the present home. it would retain the street scene for the neighbors and would allow him to use the existing backyard landscaping. exists in the neighborhood. The bungalow style would be a story and a half, with pitched roof and dormers. * Mr. Belfry said that he liked the way Grimes Avenue looks, that he was The size of the new home would be approximately 1,000 square By building the house back on the lot Materials to be used would be similar to what Mr. Belfry then spoke to the petition he had circulated within the neighborhood in support of the proposed subdivision. He said he had talked to all but 25 homes, with the exception of some of the closest neighbors who basically are opposed to subdivisions. Sixty-three of the neighbors were in favor of the proposed subdivision and of those, 23 had originally signed an opposition petition but after hearing the details felt they could support the project. comments that the project is important to him, that he respected the fact that there is a difference of opinion over it with his neighbors, that this is the only way he can maintain a residence in the neighborhood, and asked for the Council's support. Mayor Richards mentioned that copies of all correspondence received by the City, in support or in opposition to the proposed subdivision, have been provided to the Council Members for review. However, he had phoned three of those in an attempt to communicate. Mr. Belfry concluded with the Peter Bachman, of Leonard, Street and Deinard, stated that he represented the proponent. He presented arguments in support of the proposed subdivision summarized as follows: 1) Of the 113 lots in the 500 foot neighborhood, only 11 remain undivided. depth, and square footage. and will not result in a significant change to the neighborhood. application meets each and every criteria of the Zoning Ordinance except for the 75 foot lot width requirement. The second was that the character and symmetry of the existing neighborhood will be harmed by the proposed subdivision. The character of the neighborhood is characterized by 50 foot lots and the block in which the subject property is located has a majority of 50 foot lots. There is past precedence that would support the proposed subdivision. Plan provides for establishment of a secondary single family zoning classification that allows for reduced minimum lots and building requirements based on neighborhood characteristics. Given this policy, Minnesota Statute 473.865, subd. 1, requires the City to adopt zoning amendments in conformance with this policy and the City is obligated by statute to implement that policy. It is only because the City has failed to adopt the ordinances required in its Comprehensive Plan that a variance is required in this case. The City cannot now use the 75-foot lot width requirement to deny the subdivision. Mr. Bachman concluded by saying that he would strongly urge the Council to approve the proposed subdivision. Speaking in opposition the proposed subdivision were: Annette and Bob Christensen, 4247 Grimes Avenue; Lois Nissen, 4242 Grimes Avenue; Greg Silvis, 4246 Grimes Avenue; Helen Burke, 4246 Grimes Avenue; Marion Cracraft, 4227 Alden Drive; Stephen Schewe, 4234 Grimes Avenue; Richard Schultz, 4235 Grimes Avenue; Carol Franzen, 4225 Grimes Avenue; Clarence Velgersdyk, 4238 Grimes Avenue; and John Peterson, 4239 Grimes Avenue. subdivision included: 1) would change character of neighborhood, 2) the spacious quality of the 4200 block of Grimes should be preserved, 3) loss of open space, 4) would change property values, 5) Morningside would lose its uniqueness and charm, 6) extreme setback of the proposed new house. If-this lot is split it will be equal to the median lot width, The proposal is consistent with the Comprehensive Plan 2) The 3) The Planning Commission made three findings. 4) One of the policies in the Comprehensive Reasons given for objection to the proposed I 121 17 /90 267 Response bv Citv Attorney In response to Mr. Bachman's letter dated December 14, 1990, listing four separate legal grounds that would require the City to approve the subdivision, Attorney Tom Erickson submitted the following arguments. 1) The Citv Has. as Required bv the MetroDolitan Land Planning Act, ImDlemented Official Controls Described in its Comprehensive Plan - The City has adopted controls pursuant to the Comprehensive Plan, e.g. the Zoning Ordinance and the Subdivision Ordinance and several related ordinances. implemented. That is the very thing the state was looking at when they amended the Metropolitan Land Planning Act of 1985 which said that, if the comprehensive municipal plan' is in conflict with the zoning ordinance, the zoning ordinance supersedes the plan; in effect it amends the plan. Accordingly, the City is in compliance with the Act. Rights to Eaual Protection - This is not the first time the issue of violation of equal protection has been raised in this kind of context. (variance for a substandard lot) was heard by the Minnesota Court of Appeals - Forest Lake in Washington County. entitled to a variance, and lack of equal protection is not proven, merely because similar variances were granted in the past. Otherwise the granting of one variance would likely result in the destructiofi of the entire zoning scheme. Accordingly, the City has not violated Mr. Belfry's equal protection rights. 3) The Citv is Not Estopped From Denying the Proposed Subdivision - From the case just cited the City would not be estopped. they have asked for two things: a) some kind of wrongful conduct (the conduct here is enforcing the City's Zoning Ordinance) and b) expenditures by the property owner which are unique to the project and not otherwise useable by the owner. Expenditures in this case are not unique to the project. the court must find that the public interest is not as important as the private interest to grant the estoppel. 4) Approval of the Proposed Subdivision is Not Required bv the Subdivision Uniformitv Statute - The statute which requires uniformity also allows variances. If variances negate uniformity then every city in the state lacks uniformity in its zoning ordinance. uniformity then the City would have to grant all variances thereafter which would destroy the zoning scheme. Attorney Erickson further submitted that the Comprehensive Plan is not a control, it is only a plan. enforced. Subdivision Ordinance and amended the Zoning Ordinance for the purpose of affirming the 75 foot lot width minimum, among other requirements, for lot sizes. That would infer that lot sizes are to be controlled to a great degree, and by existing ordinances are to be larger than the minimum sized allowed wherever there are larger lots in the area. The City allowed variances from those new ordinances and the variance language in the ordinances is similar to the statute which states that variances can be granted where there is an undue hardship. as where the prope'rty cannot be put to reasonable use if used under conditions allowed by the ofFicial controls. landowner is due to circumstances unique to the property, and not created by the landowner. In this case, the plight of the landowner is created by the owner and based solely upon a desire to subdivide. Further, the variance, if granted, must not alter the essential character of the locality. variance is that economic considerations alone shall not constitute an undue hardship if reasonable use is allowed under the terms of the ordinance. Possibly the lot,width policy for reduced minimum lots was not 2) Denial bv the City Does Not Violate the ADUliCant'S In 1987, a similar case The Court ruled that the applicant was not When the courts have found estoppel Even if those two exist, If one variance destroys The City has adopted ordinances and that is what must be In 1984 the City adopted the Zoning Ordinance and in 1989 adopted the That is defined Findings must also state that the plight of the A further requirement for a In summary, Attorney Erickson submitted that the Council would be within its authority to deny the subdivision for the reasons stated in the staff report with the addition that no undue hardship exists and there are'no circumstances unique to this property not created by the proponent. 268 12/17/90 Response for ProDonent Mr. Bachman presented arguments in response to objections to the proposed plat which had been raised by the neighbors and also in response to Attorney Erickson, I - summarized as follows: Precedent - A precedent was set a long time ago and this is a neighborhood of 50 foot lots. House would be squeezed in on lot - The proposal meets all the sideyard setbacks required. The only variance required is for lot width. Lot across the street being one lot although it has been subdivided - The lot has been subdivided and has the rights to be built on as two separate lots. 100 foot lots in neighborhood - Very few of these are actually suitable for subdivision. Many are built width-wise, have other existing structures, or have topography that makes them not suitable for subdivision. 4246 Grimes Avenue - This is a 50 foot lot which subdivision was approved in 1978 and required not only the lot width variance but also three other variances. Petition circulation - Mr. Belfry's petition was circulated throughout the 500 foot neighborhood just as was the other petition. Sixty-three individuals are in support of the proposed subdivision. Metropolitan Land Planning Act'- Mr. Erickson's comments regarding conflict between the zoning ordinance and comprehensive plan, and the opinion that the zoning ordinance controls, is a narrow interpretation. Mr. Belfry observed that, if the Zoning Ordinance defined the neighborhood as homeowners within 100 or 200 feet,'there would not be a chance for approval of his proposal. six or seven lots around his property. one lot on which he proposed to build in the best way in the neighborhood he planned to continue to live in. Council Comment and Action Mayor Richards then called for Council comments and action. Member Rice asked if the proponent could expand his present home within the limits of the Zoning Ordinance setbacks, if he could remove any of the trees and if a three car garage could be constructed thereon. Planner Larsen responded that he could if he chose to do so. . The issue is that the neighborhood is defined as 500 feet and not the He asked the Council to look at this as I Member Paulus presented these conclusions: 1) The proponent has stated that this is the only way he can stay in the neighborhood. because of financial hardship. the subdivision was a unanimous decision. neighborhood that changes block by block. affected is greater than in another development where the character of the neighborhood is consistent throughout. 4) The goal of the Planning Commission is to correct in the future what has been done in the past, especially since much of the Morningside subdivisions were done before it became part OS, Edina. of the scarcity and value of land in the City the concern is to not fracture neighborhoods. is attempting to direct in the future. For these reasons, Member Paulus said she could not support the proposed subdivision. A variance cannot be granted 2) The Planning Commission recommendation to deny 3) Morningside is a distinct In this case, the homes directly 5) Because There is no strong argument to break a standard that the Council Mayor Richards stated that he would support the proposed subdivision because he had reached different conclusions. people the opportunity to continue to express methods by which to preserve the value of the neighborhood would suggest this be allowed. one-half of the lots in the 500 foot neighborhood are 50-foot lots. allow people who want to continue to live in the area to invest in the neighborhood thereby keeping it strong. construct a home consistent with the neighborhood should be recognized. To keep a neighborhood viable and to give I The facts show that over This would The right to subdivide the property and Regarding 12/17/90 269 concerns as to what would be built, Mayor Richards said he felt the City could take steps to be sure the home that is built is what has been described. Member Smith made a motion directing the staff and City Attorney to prepare findings and reasons to support denial of the preliminary plat for review and action by the Council, and to continue the hearing to January 7, 1991. Motion was seconded by Member Paulus. Ro 1 1 c a1 1 : Ayes: Kelly, Paulus, Rice, Smith Nays: Richards Motion carried. * CONSERVATION RESTRICTION AUTHORIZED FOR LOT 9. WHITE OAKS Member Kelly and was seconded by Member Smith for adoption of the following resolution: BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby authorizes and directs the Mayor and Manager to execute a Declaration of Restrictions on the following described property owned by the City: Motion was made by BESOLUTION Lot 9, WHITE OAKS 2ND ADDITION, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota; and Lot 1, WHITE OAKS 3RD ADDITION, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota, to assure that the property shall remain in its present natural condition and as a ponding area for collection of surface waters. Motion carried on rollcall vote, five ayes. *BID AWARDED FOR COHPU!CER AIDED DESIGN WORK STATION FOR ENGINEERING DEPARTMENT Motion was made by Member Kelly and vas seconded by Member Smith for award of bid for a computer aided design work station for the Engineering Department to recommended low bidder, Office Products, in the amount of $7,085.00. Motion carried on rollcall vote, five ayes. PARK BOARD RECOMMENDATION FOR MUNICIPAL POOL RENOVATION APPROVED Park and Recreation Director Bob Kojetin presented the recommendation of the Edina Park Board from their December 11, 1990, meeting to adopt Plan I1 for the proposed renovation of the municipal pool and addition of an aquatic entertainment center. Director Kojetin stated that a study was done this past summer and a report entitled "Proposed Renovation and Edina Aquatic Entertainment Center" has been prepared which gives the pool history and description, renovations in 1975 and 1984, pool condition, operational conditions, and current renovation needs. The report proposed two options and listed the estimated costs as follows: Plan I - Renovation to Meet Code Total Estimated Project Cost $332,000 Plan I1 - Renovation & Aquatic Entertainment Center Total Estimated Project Cost $554 , 000 Several problems with the municipal pool have developed over the past few years that have been difficult to deal with, e.g. pool circulation system, filter room piping, deck area slope away from pool. These are the major items under Plan I. The trend for municipal pools is to add what is called an aquatic entertainment center. This would include a waterslide and a water feature for the wading pool. Water features are new in this part of the country and look similar to playground equipment except that the pipes have water running through them with different spray nozzles which can be adjusted by youngsters to produce greater or lesser 270 12/17/90 spraying. This would be a new and exciting addition to the wading pool area. By adding these two features we would be adding a cost of $222,000 aGove the proposed renovation program. Addition of these two features would sumort an increase in fees to offset the cost of the $53,000 annual debt serviceL ihat would be incurred following sale of $554,000 in bonds for this project . The increase in attendance and anticipated revenues as stated in the report directly reflects the City of Crystal's increases from 1989 to 1990 with the addition of one water amenity and is most closely comparable. 1989 to 50,980 in 1990. Edina municipal pool total daily attendance is expected to increase approximately 34% over 1990's attendance, e.g. 52,599 to 70,599 or from 701 daily to 940 daily, based on a 75 day season. increase from $59,240 to $104,985. General daily admission is proposed to be raised from $2.50 to $3.00, with an additional $3.00 for daily waterslide admission for unlimited rides. The City of Crystal increased total daily attendance from 36,028 in Under Plan 11, the projected 1991 attendance for the Revenues from overall season tickets are expected to Projections for the 1991 operating budget under Plan I1 shows total revenues at $185,801, total expenses at $178,690 (including debt service) for a total income of $7,111. approximately $17,000. total revenues at $99,880, total expenses at $133,923 (including debt service of $32,200) for a net loss of ($34,043). Plan I because it is basically a'renovation project to bring the pool up to code. Depreciation has not been included or projected, but currently is Under Plan I the projected 1991 operating budget shows Fees are not proposed to be raised under Director Kojetin concluded by observing that at the Future's Commission report meeting the point was made that sometimes Edina likes to take a risk in order to have a viable city and maintain its quality of life. This project would provide an opportunity to do that. the Edina Park Board on the project. Member Paulus asked if adding the water features would increase the City's liability insurance. liability is not as great as was anticipated ten years ago when these were first introduced. He urged the Council to consider the recommendation of Director Kojetin said that experience has shown that the In reference to the pool condition as stated in the report, Member Rice asked if the problems that were mentioned are safety or health hazards. Director Kojetin said they are not but that the quality of the water may be affected. Member Rice noted that the report stated that major elements have been upgraded and should perform well for quite a number of years if nothing is done. He also questioned whether the projected revenue would continue if other municipal pools in the area should upgrade their facilities. the projected revenues were very conservative. The trend is away from the basic competitive pool and toward an aquatic entertainment center to help offset the costs for the competitive pool. Director Kojetin pointed out that Member Smith asked why no renovation is proposed for the bathhouse. Kojetin said the major renovation of the bathhouse was done in 1984 and that something may be done with the existing fiberglass roofing. expected to last for another 15 years with normal yearly maintenance. Member Paulus made a motion to approve and adopt Plan I1 for renovation of the Edina municipal pool with the addition of the aquatic entertainment center as proposed, and that staff be instructed to proceed with implementing the plan as presented. Director The bathhouse is I Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Nays: Rice 12/17/90 271 Motion carried. SmIOR CENTER EXPANSION AND RELOCATION PJUEEBTED Park and Recreation Director Kojetin advised that a committee of city and sc%ool staff, spearheaded by Member Smith, has been working on a study for expansion and relocation of the Edina Senior Center on the third floor of the Edina Community Center. architect for the school district, has submitted a schematic floor plan and details of the proposed remodeling together with an estimate of the construction cost in each area. years. Edina School District and the Edina Park Board have all received the information but no formal action has been taken. Clark Engler, The project would be done in several phases over the next few The Community Education Services Board has reviewed the plans, and the There is $45,000 budgeted for the Senior Center improvement in the Capital Fund as part of the 1991 City Budget. City's public works crews do some of the demolition work in Phase I during the winter months under the direction of the school district architect. Mechanical systems, doors and carpet are proposed to be bid. to have the demolition work start during the school Christmas vacation. In order to save on costs, it is proposed that the The school staff would prefer Member Smith explained that with the exception of Area A (Phase I) the rest is concept. The estimated costs indicated by the architect are projections. The thought is that by doing Area A it would identify and develop an area the seniors could feel was their own. If the entire plan were constructed costs could be approximately $150,000 to $200,000. Because of limited budgets, not all the funding may come from the City or School District and the seniors may be asked to do some fund raising. Member Smith said the recommendation is to approve the concept and proceed with demolition and construction of Area A (Phase I), but not to go forward without the School District Board's concurrence. said that question was asked of the school staff and Dr. Smythe indicated that the School Board has been totally informed of the project and that he felt there would be no problem. Manager Rosland Member Rice asked if the decision has been made that the Edina Senior Center will be there permanently and that it should be made the best that it possibly can be. Director Kojetin recalled that a study was made several years ago and that a number of locations were considered. The conclusion was that this was the only available and viable location at the present time. Considerable discussion followed regarding justifying this large an expenditure , the permanency, and the program for the seniors in general. Member Smith moved that staff do the following regarding the proposed improvement for the Edina Senior Center: 1) Review the proposal with the Park Board to get their concurrence with the concept, and specifically regarding Phase I, 2) Obtain a long term lease from the School District for the Senior Center space, contingent up approval of the proposed improvement, 3) Take the proposal to the School Board for concept approval, and specifically for approval of Phase I. and 4) Review potential funding opportunities with the Senior Center staff, and bring responses and recommendations back to the Council. Motion was seconded by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. TRAFFIC SAFETY COMMITTEE IKIXOTES OF 12/11/90 BPPROVED .the action in the Minutes of December 11, 1990 as recommended by the Traffic Safety Committee. Regarding item (1) relating'to the West 54th Street/Abbott area, two options were received from Minneapolis: 1) install east/west "STOP" signs on West 54th Street at Abbott Avenue/Place, or 2) re-position the "STOP" signs at Beard and Drew Avenue at West 54th Street to stop east/west 54th Street traffic to coincide with Minneapolis' patterning. Brad Hokanson, 5409 Abbott Engineer Hoffman reviewed I 272 12/17/90 Place, said he felt that the intersection of West 54th Street/Abbott Place was an ' unsafe intersection and he favored the first option. Place, said he was concerned about the safety of the children in the neighborhood and asked for a four-way "STOP" sign at West 54th/Abbott. Member Rice made a motion to approve the following recommended action listed in Section A of the Traffic Safety Committee Mhutes of December 11, 1990: 1) I John White, 5403 Abbott . That the City Council pass on,a resolution to the City of Minneapolis recommending a joint "STOP" sign installation on West 54th Street at Beard Avenue. Additionally, if a requirement exists for neighborhood approval in Minneapolis, then that approval be sought by officials in Minneapolis, To install a "NO PbBKILPG" sign on the west side of Xerxes Avenue between West 60th Street and the alley entrance/exit north of West 60th Street, To install "STOP" signs for north and south bound traffic on East Frontage Road at Southview Lane, 2) 3) and to acknowledge Section B and C of the Minutes. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. PROPOSBL OF METRO RELATIONS. INC. TO MONITOR MWCC CONTmD .Manager Rosland advised that the Suburban Rate Authority will be reviewing the proposal of Metro Relations, Inc. at their January meeting. He recommended that the matter be continued until after that meeting. Member Smith made a motion to continue consideration of the proposal of Metro Relations, Inc. until the Suburban Rate Authority had reviewed the proposal. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. OFFER TO PURCHASE TO BE HADE ON VACANT LAND AT 1-494- 169 presented the staff recommendation that the Council consider acquisition of a vacant property of approximately 14 acres in the northeast quadrant of 1-494 and Highway 169. The site is bordered on the north by Braemar Park, on the east by Braemar Office Park, and on the west and south by highways 1-494 and 169. substantial portion of the site lies within the flood plain of Nine Mile Creek; approximately seven acres are usable. Reconstruction of the I-494/169 interchange will likely take 1.4 acres leaving a net usable area of 5.6 acres. The site is owned and offered for sale by the Resolution Trust Corporation (RTC). The 1and.was repossessed by RTC over a year ago after default on the original $2,000,000 mortgage. The RTC first offered the property for $1,200,000 and later reduced the price to $800,000. Staff has been told that RTC may accept an offer considerably less than the current asking price. The property is zoned POD, Planned Office District. The "soft" office market, the large amount of the site in the floodplain, and the poor soils have prevented a sale of the property. Planner Craig A Planner Larsen said the staff feels the site is potentially useful to the City in a number of ways: 1) 2) Acquisition will protect and presenre valuable floodplain and open space areas adjacent to Braemar Park. The site could be used for a temporary storage and recycling site for concrete and asphalt from City street projects. that contractors remove these materials from the City. could be processed and then reused. this could save between $20,000 and $40,000 annually. The site could also be used as a compost site for leaves collected from City streets and properties. D Currently, all City projects require The waste materials The Public Works Department estimated 3) 12/17/90 273 4) Currently, the City must dispose of tree trunks and stumps at remote dump sites. costs averaged $75.00 per load. man hours and equipment. these costs. Last year 35 truckloads were hauled to a dump near Hanover. Dumping There is also a significant cost related to Acquisition of the site could eliminate many of Planner Larsen advised that there is a possibility that the Nine Mile Creek Watershed District may participate up to 25% of the cost of acquisition. Mayor Richards pde a motion that the City make a purchase offer of $200,000 for acquisition of the vacant land at northeast quadrant of 1-494 and Highvay 169, conditioned upon receiving a $50,000 contribution from the Nine Mile Creek Watershed District payable over four years. Motion was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *1991 POLICE TEAMSTERS CONTRACT APPROVED Motion was made by Member Kelly and was seconded by Member Smith to approve the settlement of the 1991 Police Teamsters Contract to include: 1) 4% wage increase for 1991, and 2) employer's insurance contribution of $210.00 per month. Motion carried on rollcall vote, five ayes. mSDAY. APRIL 23. 1991 APPROVED AS DATE FOR 13TH ANNUAL VOLUJ!llTER RECEPTION ' Motion was made by Member Kelly and vas seconded by Member Smith to approve the date of Tuesday, April 23, 1991, for the 13th Annual Volunteer Reception to be held at Edinborough Park. Motion carried on rollcall vote, five ayes. RELEASE APPROVED OF CONSTRUCTION EASEMENT ON LOT 1. BLOCK 2. OSCAR ROBERTS FIRST ADDITION Engineer Hoffman explained that a construction easement was obtained in 1957 for sanitary sewer construction on Lot 1, Block 2, Oscar Roberts First Addition. The easement terminated upon completion of construction. However, the title company has requested clarification of date on the easement since none existed. issue. Staff would recommend execution of a quit claim deed to clear up the Member Rice introduced the BE IT RESOLVED by the City directs and authorized the quit claim deed to release Roberts First Addition. Motion for adoption of the Rollcall : following resolution and moved its adoption: Council of the City of Edina, Minnesota, that it hereby Mayor and Manager to execute on behalf of the City a the construction easement on Lot 1, Block 2, Oscar RESOLUTION resolution was seconded by Member Smith. Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *RESOLUTION ADOPTED DESIGNATING DIRECTOR/ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY adoption of the following resolution: Motion vas made by Member Kelly and vas seconded by Member Smith for RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: John C. Wall* is hereby designated to serve as a Director of the Suburban Rate Authority, and Eric R. Anderson is hereby designated to serve as Alternate Director of the Suburban Rate Authority for the year 1991 and until their successors are appointed. Resolution adopted on rollcall vote, five ayes. 274 12/17/90 *RESOLUTION ADQPTED DESIGNATING DIRECTOR/ALTERNATE DIRECTOR TO MGIS made by Member Kelly and was seconded by Member Smith for adoption of the following resolution: Motion was RESOLUTION DESIGNATING DIRECTOR AND ALTERNA!l!E DIRECTOR TO MGIS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: John C. Wallin is hereby designated as a Director of LOGIS and Kenneth E. Rosland is hereby designated as Alternate,Director of MGIS for the year 1991 and until their successors are appointed. Resolution adopted by rollcall vote, five ayes. *RESOLUTION ADQPTED DESIGNATING OFFICIAL LJEVSPAPER Motion was made by Member Kelly and was seconded by Member Smith for adoption of the following resolution: BE IT aESOLVED by the Edina City Council that the Edina Sun-Current be and is hereby designated as the Official Newspaper for the City of Edina for the year 1991; RESOLUTION DESIGNATING OFFICIAL NJIWSPAPER Resolution adopted by rollcall vote, five ayes. INT'ERGO~AL ACTIVITIES REPORTED The following intergovernmental activities and issues were discussed and action taken as follows: 1. One Cent Metro Sales Tax ProDosed bv RTB - Manager Rosland advised the Council Members that the Regional Transit Board (RTB) is proposing legislation for an additional one cent sales tax for the metropolitan area to raise additional revenues; one-half to go to light rail and one-half to the counties. This apparently is in response to the expected shortfall of between $1.2 and $1.8 billion in revenues for the State of Minnesota over the next two years. Member Smith made a motion that the Council take the position to not support proposed legislation for an additional one cent metropolitan sales tax to produce revenues for light rail transit. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. 2. 3. 4. Municipal Legislative Commission - Mayor Richards referred to a report received at a recent Municipal Legislative Commission meeting (MLC) which he and Manager Rosland had attended. eliminate the 3% property tax rate for the western suburbs. hit the hardest with the existing three tier tax rate. priority on MLC's legislative program for the upcoming session is a major lobbying effort to attempt to eliminate the three tier property tax system on homes. 1-494 JPO Contract - Member Paulus noted that the City would be asked to approve a Joint Powers Organization contract to authorize hiring of a half-time individual for one year to help.the five communities put together the Travel Demand Management Ordinance. Communitv Center Task Force - Manager Rosland reported that the Community Center Task Force, on which he and Member Rice serve, is focusing on the life of the Community Center and how it is to be used. Juanita.Peterson, Chair, is putting those recommendations together for the School District Board. One of the key recommendation is to look at the physical structure to keep it in shape. Also, they are working on space allocation for various organizations . so that the rental sector does not drive how the Community Center is used. In the report there was a proposal to Edina has been The number one I JANUARY 7. 1991 COUNCIL HFXTING DATE DISCUSSED not be able to attend the first Council Meeting of the year scheduled for January 7, 1991. January be decided at the Year-End Council Meeting of December 27, 1990. Mayor Richards said that he would It was the consensus that the date for the first meeting in ANNUAL COUNCIL DINNER MUTING WITH ADVISORY BOARDS RESCHEDULED FOR 3/19/91 Member Kelly advised that she would not be available for the Annual Council Dinner 12/17/90 275 Meeting with advisory boards on March 19, 199. Motion was made by Member Paulus and was seconded by Member Smith to reschedule the Annual Council Dinner Meeting for March 19, 1991. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *CLBMs PAID approve*payment of the following claims as shown in detail on the Check Register date'd 12/17/90 and consisting of 31 pages: H.R.A. $20.53, General Fund $141,433.32, C.D.B.G. $15,389.00, Communications $1,118.30, Art Center $9,568.44, Capital Fund $2,237.14, Golf Course Fund $21,190.59, Recreation Center Fund $11,486.39, Edinborough Park $19,085.47, Utility Fund $14,239.45, Storm Sewer Utility $5,057.46, Liquor Dispensary Fund $98,894.56, Construction Fund $408,241.94, Total $747,962.59; and for confirmation of payment of the following claims as shown in detail on the Check Register dated 11/30/90 and consisting of 21 pages: General Fund $873,703.02, Comunmications $19.50, Art Center $969.73, Swimming Pool Fund $118.23, Golf Course Fund $10,293.28, Recreation Center Fund $10,925.21, Gun Range Fund $468.35, Edinborough Park $8,570.52, Utility Fund $27,906.96, Storm Sewer Utility $315.96, Liquor Dispensary Fund $350,483.30, Total $1,283,774.06. Motion was made by Member Kelly and was seconded by Member Smith to Motion carried on rollcall vote, five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 11:20 p.m. City Clerk