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IfIEmTES
OF THE REGUIAR HEETING OF "HE
EDIHB CITP COUNCIL AT CITY HAIL I JANUARY 7, 1991
. ROUCAU Answering rollcall were Members Paulus, Rice, Smith and Mayor Pro-Tem
Kelly.
OATHS OF OFFICE TAKEN
the City Clerk to Jack Rice and Glenn L. Smith who had been elected for four year
terms to January 1, 1995.
The oath of office as Council Member was administered by I
APPOINTHE3T OF MAYOR PRO-TEK Member Rice made a motion to appoint Member Kelly as
Mayor Pro-Tem. Motion was seconded by Member Smith.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
CONSENT AGENDA ITEPIS ADOPTED
Member Rice to approve and adopt the consent agenda items as presented.
Motion vas made by Member Paulus and vas seconded by
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
PRE-Y PUT FOR BEI;FBY ADDITION DENIED UPON ADOPTION OF FINDINGS OF FACT
Planner Larsen presented Findings, Decision, and Reasons in support for denial of
the application of Richard Belfry for the subdivision of Lot 67, Morningside, in
response to Council action of December 17, 1990.
delivered to Peter Bachman, attorney for Mr. Belfry, with a copy by mail to
Mr. Belfry. A copy of the Findings were also delivered to Annette Christianson,
4247 Grimes Avenue South, the contact person for the neighborhood.
Planner Larsen noted that neither Mr. Belfry or Mr. Bachman, his attorney, were
present and recommended that the opening recital paragraph be amended to indicate
that they were present on December 17, 1990, but not on January 7, 1991. Member
Smith suggested that the opening paragraph be further amended to indicate that
copies of the Findings, Decision, and Reasons had been sent to Mr. Belfry and Mr.
Bachman prior to the meeting.
five - "wold" should be "would" .
Copies of the Findings have been
He also noted a misspelled word on line six of page
Member Smith made a motion that the Findings, Decision, and Reasons document be
amended to reflect the suggested changes. Motion was seconded by Member Rice.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
Mayor Pro-Tem then called for public comment on the draft Findings, Decisions, and
Reasons in support of denial of the proposed subdivision.
objections were heard.
No public comment or
Member Smith made a motion to adopt the Findhgs, Decision, and Reasons as amended
(copy attached) and to deny the application of Richard Beif- for the subdivision
of Lot 67, Morningside. Motion to adopt the Findings was seconded by Member Rice.
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
LOT DIVISION APPROVED FOR 6610 AND 6620 NORHANDALE ROAD (ENGSTROM MARNIE ADDITION1
Motion was made by Member Paulus and vas seconded by Member Rice for adoption of
the following resolution:
WHEREAS, the following described tracts of land constitute various separate
parcels :
RESOLUTION
Parcel A - Lot 1, Block 1, EHGSTROH HARNIE ADDITION
.,
CITY OF EDINA
Attachment to Council Ninutes of 1/7/91
IN THE MATTER OF THE APPLICATION
OF RICHARD BELFRY FOR THE
SUBDIVISION OF LOT 67,
MORNINGSIDE (S-90-5)
FINDINGS,
DECISIOH,
AND
REASONS
The above entitled matter was heard before the City Council on
December 17, 1990, and January 7, 1991. Richard Belfry
( 81Proponent11) and Peter Bachman ( 'IProponent s Attorney'#,) were
present at the December 17, 1990, meeting. Neither the Proponent
nor the Proponent's Attorney were present at the January 7, 1991,
meeting. Copies of the Findings, Decision, and Reasons were sent
by U.S. Mail to the Proponent and Proponent's Attorney on January
3, 1991. A copy of'the Findings, Decision, and Reasons were sent
by FAX to the Proponent's Attorney on January 3, 1990. The City
Council, having heard and reviewed all of the facts and arguments
presented by the Proponent, the Proponents Attorney, City Staff,
and property owners in the vicinity of the Proposed Subdivision,
and having heard and reviewed the evidence and law adduced by the
Proponent, the Proponent's Attorney, City Staff and property
owners, and being fully advised, after due consideration, hereby
makes the following:
1.
I
The Proponent
FINDINGS OF FACT ,
on August 15, 1990 submitted an
application for subdivision (the I'Proposed Subdivision")
of a 20,000 square foot parcel of land located at 4243
Grimes Avenue South. This. tract of land (the I1Subject
Property") is platted property, and is described as Lot
67, Morningside. An existing single dwelling unit
building is located on the northerly portion of the
Subject Property. According to city records the Subject
Property is owned by Richard F. Belfry.
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2 The Proposed Subdivision delineated two, R-1, single
dwelling unit lots. Lot 1 of the Proposed Subdivision
would include the existing dwelling unit building, and
Lot 2 is proposed as a new building site. Each of the
lots contain 10,000 square feet of lot area.
3. Edina Ordinance No, 825, (the IIZoning Ordinancef1) imposes
the following minimum standards for single dwelling unit
lots:
Minimum Lot Area 9,000 Square Feet
Minimum Lot Width 75 Feet
Minimum Lot Depth 120 Feet
The Zoning Ordinance defines "Lot widtht1 as follows:
"The horizontal distance between side lot lines measured
at right angles to the.line establishing lot depth at a
point 50 feet from the front lot line." The Zoning
Ordinance defines "Lot Deptht1 as follows :
"The horizontal distance between the midpoint of the
front lot line and the mid point of the .I rear lot line."
Lots 1 and 2 of the Proposed Subdivision have a lot width
of 50 feet. Therefore, Lots 1 and 2 of the Proposed
subdivision do not comply with the Zoning Ordinance
standard for Lot Width,
4. Lots in this part of Morningside were originally 100 feet
wide. Most of those lots were subdivided into 50 foot
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lots prior to annexation by Edina of the Morningside
area. Since annexation the City of Edina has approved
only two subdivisions of lots in the Morningside plat,
one in 1972 and one in 1978. On Grimes Avenue, between
42nd Street and Morningside Road, where the proposed
subdivision is located, there were originally 22, 100
foot wide lots, and, of those, 12 yet remain as 100 foot
wide lots. One of those remaining 100 foot wide lots is
the Subject Property. A proposed subdivision of a lot on
this same,block was denied by the City Council in 1984.
In addition, one of the ten divided lots, thoug_h divided,
has been developed as a single dwelling unit site in
conformance with Zoning Ordinance standards.
5. The Zoning Ordinance provides for variances from the
requirements of the Ordinance, but only upon finding,
that, rlstrict enforcement of this ordinance would cause
undue hardship because of circumstances unique to the
petitioner's property and that the granting of said
variances is in keeping with the spirit and intent of
this ordinance.Il Undue hardship is defined as meaning
"that the property in question cannot be put to a
reasonable use as allowed by this ordinance, the plight
of the petitioner is due to circumstances unique to his
property which were not created by the petitioner, and
the variance, if granted, will not,alter the essential
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6.
7.
8.
character of the property or its surroundings.Il The
Zoning Ordinance goes on to state that economic
considerations alone shall not constitute undue hardship
if reasonable use of the
Ordinance.
By Section 14 of Ordinance
Ordinancell.), the policies of
be considered when reviewing
property exists under the
No. 804 (the "Subdivision
the Comprehensive Plan must
a proposed subdivision. The
Edina Comprehensive Plan, adopted by the City Council on
December.12, 1981, states the following general policy:
- Allow further subdivision of developed single family
lots only if neighborhood character and symmetry are
preserved .
The Zoning Ordinance was adopted in 1984 and reaffirmed
the 75 foot minimum lot width requirement.
The Edina Community Development and Planning Commission
(the I1Commissionlt) reviewed the proposed Subdivision at
its August 29, 1990, meeting. Several property owners
were present and spoke in opposition to the Proposed
Subdivision citing issues of character and symmetry of
the neighborhood, decreased property values, increased
crowding, loss of open space, and the negative precedent
which would be set if the Proposed Subdivision were
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approved. The Proponent submitted that a precedent for
subdivision had been previously set, and that his
proposed subdivision would not negatively 'impact the
neighborhood. The Commission voted unanimously to
I
recommend denial of the Proposed Subdivision for the
following reasons:
- The Proposed Subdivision would negatively impact the
existing character and symmetry of the neighborhood.
- Approving the Proposed Subdivision would set a
undesirable precedent for further subdivision along the
4200 block of Grimes Avenue where the majority of lots
remain 100 feet wide, as originally platted.
- The Proposed Subdivision would create substandard lots.
9. On December 17, 1990, the Edina City Council conducted a
public hearing and received the report and recommendation
of the Commission regarding the Proposed Subdivision.
Pursuant to,applicable City Ordinances notice of public
hearing was published in the Edina Sun Current and mailed
to property owners within 350 feet of the Subject
Property. At said hearing, surrounding property owners
testified in opposition to the Proposed Subdivision. A
petition signed by approximately 101 property owners who
reside in the vicinity and who oppose the Proposed
Subdivision was submitted. Among issues submitted in
oral and written testimony were damage to the character
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and symmetry of the neighborhood, loss of open space,
loss of property values, and the undesirable precedent
for further subdivisions in the neighborhood. The
Proponent submitted a petition supporting approval ofthe
ProEosed Subdivision signed by approximately 53 residents
who reside in the vicinity of the Proposed Subdivision.
.
10. By Minnesota Statutes, Section 462.358, Subdivision 3b.,
a subdivision application must be preliminarily approved
.or disapproved within 120 days following delivery of an
application completed in compliance with the City's
ordinance, unless an extension of the review period has
.been agreed to by the Petitioner. In this case the 120
day period expired on November 13, 1990, however,
Petitioner agreed to an extension until January 7, 1991,
by which date the City Council must act on the Proposed
Subdivision.
THEREFORE, based upon the foregoing findings, the City Council does
hereby make the following:
Decision
The application for the Proposed Subdivision by Richard Belfry of
Lot 67, Morningside is hereby denied.
The above decision is made for the following:
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plight is due to circumstances unique to the
Subject Property, not created by Petitioner.
On the contrary, Petitioners plight is due
solely to circumstances created by Petitioner,
namely his desire to have two substandard
lots. Also, the Subject Property is presently
being used as the location for a single
dwelling unit.and that is a reasonable use of
the Subject Property which will continue to
exist under the Zoning Ordinance even if the
Proposed Subdivision is denied. Finally, the
variances, if granted, would alter the
existing character of the property and its
surroundings.
D.. Property owners in the vicinity have objected
to the Proposed Subdivision for reasons of
adverse impact on the character and symmetry
and property values of the neighborhood and
the undesirable precedent for further
subdivisions in the vicinity.
E. Approval of the Proposed Subdivision could
establish a precedent encouraging the
replatting of other lots in Grimes Avenue
which would adversely alter the character and
a
Reasons
A. The Proposed Subdivision is contrary to
policies of the Comprehensive Plan concerning
the further subdivision of lots within
. developed single family neighborhoods. The
policies of the Comprehensive Plan must be
considered in deciding whether or not to
approve subdivisions. Although many lots in
the neighborhood have been subdivided, the
character of this block of Grimes Avenue
remain that of the original 100 foot side lot.
B. Property owners in the vicinity of the Subject
Property should have the right to rely upon
the recorded plat entitled Morningside and
should rightly prAR
(hat any modification or replatting of said plat will be
compatible with surrounding properties, be in compliance with
requirements of applicable ordinances, and that the spaciousness
and character of the neighborhood will be preserved.
C. Each lot in the Proposed Subdivision would
require a variance of 25 feet for lot width.
However, Petitioner has not demonstrated the
existence of an undue hardship to support the
variances. Petitioner has not shown that his
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symmetry of the neighborhood contrary to the
policies of the Comprehensive Plan and the
requirements of the
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Zoning Ordinance.
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1/7/91
' 279
Parcel B - That part of Government Lot. 3, Section 4, Township 116, Range 21,
described as follows: Beginning at a point 230 feet South of North
line and 117 feet Uest of East line of said Government Lot 3, in
said Section 4, said point of beginning being in Uest line of right
of way of State Trrmk Highway No. 100; thence South parallel with
East line of said Section 4, a distance of 200 feet, thence West
parallel with North line of Government Lot 3, a distance of 350 feet,
thence North parallel with East line of said Section 4 a distance of
200 feet thence East 350 feet to point of beginning; and
.WHEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following described new and separate parcels (herein called "Parcels"):
Lot 1, Block 1, EHGSTROH IIURNIE ADDITION, and the southerly 6 feet of
Parcel B as described above
and
That part of Government Lot 3, Section 4, Township 116, Range 21,
described as follows: Beginning at a point 230 feet South of North
line and 117 feet West of East line of said Government Lot 3, in
said Section 4, said point of beginning being in West line of right
of way of State Trunk Highway No. 100; thence South.paralle1 with
East line of said Section 4, a distance of 200 feet, thence West
parallel with North line of Government Lot 3, a distance of 350 feet, .
thence North parallel with East line of said Section 4 a distance of
200 feet thence East 350 feet to point of beginning, except for the
Southerly 6 feet thereof.
GMEBees, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinances
Nos. 804 and 825;
NOU, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance No. 804 and
Ordinance No. 825 are hereby waived to allow said division and conveyance thereof
as separate tracts of land but are not waived for any other purpose or as to any
other provision thereof, and subject, however, to the provision that no further
subdivision be made of said Parcels unless made in compliance with the pertinent
ordinances of the City of Edina or with the prior approval of this Council as may
be provided for by those ordinances.
Resolution adopted on rollcall vote, four ayes.
LOT DIVISION APPROVED FOR 5901-5903 VIEU TANE (LOT 30. BLOCK 3. KILLBRNEP SHOReSZ
Motion was made by Member Paulus and was seconded by Member Rice for adoption of
the following resolution:
m, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
RESOLUTION
Lot 30, Block 3, KIIlLBRNEy SHORES
DeSCriDtiOn of Southerlv Parcel:
All that part of Lot 30, Block 3, KIUUWEY SHORES which lies southerly of a
line drawn from a point on the westerly line of said Lot 30 distant 73.78
feet southeasterly of the northwest corner thereof to a point on the
easterly line of said Lot 30 distant 92.19 feet southeasterly of the most
northerly corner of said Lot 30.
DescriDtion of Northerly Parcel:
Lot 30, Block 3, SHORES, except that part which lies Westerly of a
line drawn from a point on the Northwesterly line of the above described
tract distant 32.0 feet Northeasterly of the Northwest corner of said lot, to
a point on the Uest line of said lot distant 26.0 feet Southeasterly of the
286 ..
1/7/91
Northvest corner. of said lot 'as measured along said line. Also except that
part which lies southerly of a line drawn from a point on the westerly line
of said Lot 30 distant 73.78 feet southeasterly of the northwest corner
thereof to a point on the easterly line of said Lot 30 distant 92.19 feet
southeasterly, of the most northerly corner of said Lot 30. I
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinances
Nos. 804 and 825;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the re-ements and provisions of Ordinance No. 804 and
Ordinance No. 825 are hereby vaived to allow said division and conveyance thereof
as separate tracts of land but are not waived for any other purpose or as to any
other provision thereof, and subject, however, to the provision that no further
subdivision be made of said Parcels unless made in compliance with the pertinent
ordinances of the City of Edina or with the prior approval of this Council as may
be provided for by those ordinances.
.
Resolution adopted on rollcall vote, four ayes.
HEBRRJG DATE OF 01/22/91 SET FOR VARIOUS PLANNIMG MA-
Member Paul- and was seconded by Member Rice setting January 22, 1991, as hearing
date for the following Planning matters:
1)
2)
3) Preliminary Plat Approval - Farrells Parkwood Knolls - Tract A, R.L.S. 1286 -
Motion vas made by
Conditional Use Permit - Building Expansion - Hennepin County Library - 7001
York Avenue
Temporary Conditional Use Permit - Home Occupation - Dr. Joyce Anderson - 7121
Glouchester Avenue
5700 Blee Road. I Motion carried on rollcall vote, four ayes.
COUNCIL TO REVIEW AND RESPOND TO HASSING SURVEY
massing survey that had been prepared for the Council to review of 21 single
family homes which are spread throughout the community.
new construction on new lots or previously vacant lots, old homes that have been
removed and new homes built in their place, additions and major remodelings that
have occurred recently.
Planner Larsen presented a
Included are examples of
Staff is having difficulty addressing the problem of massing and has looked
exhaustively at various other approaches to further restrictions, including what
other communities have done. For example, in Lake Forest, Illinois, they were
attacking a different problem (massive houses built in former fields that were not
softened by mature trees and landscaping).
lot sizes in Edina, every approach staff has considered seems to fall apart as
soon as you move from one neighborhood to the next.
With the variety of development and
Planner Larsen explained that the homes in the survey are not necessarily examples
of good or bad development on which to make judgements, but are cases on which
staff would like to get individual Council reaction and how they relate to the
rules now in place. It is hoped that, through a consensus, the Council may be
able to identify any particular problems and in what specific areas those might
be. Staff anticipates that the survey review will be a 2-3 week process.
Mayor Pro-Tem Kelly said she hoped the Council would be able to review a few of
the houses in the survey so that there could be some philosophic discussion on the
massing issue at the Council Work Session scheduled for January 12.
1-494 COBBIDOR COMI[ISSION PROFESSIONAL SERVICES APPROVED Planner Larsen
-explained that the 1-494 Corridor Commission Joint Powers Organization (JPO) needs .
1/7/91 281
staff help in developing Travel Demand Management (TDM) strategies leading to a
TDM Ordinance to be adopted by all five cities.
half-time individual for one year to develop the TDM program at a total cost of
$15,000.
grant and the remaining $7,500 is within the JPO budget.
The JPO has recommended hiring a
Fifty percent of the cost will be covered by a Metropolitan Council ,I
r. Member Paulus introduced the following resolution and moved its adoption:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby
approves the Professional Services Agreement recommended by the 1-494 Corridor
Commission Joint Powers Organization,
BE IT PUBTHEB resolved that the Mayor and Manager hereby are authorized and
directed to execute the Agreement on behalf of the City.
Motion for adoption of the resolution was seconded by Member Smith.
RESOLUTION
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Re solution adopted .
SEFJER BACKUP CLAM OF RICHABD MILLER. 5340 HOLJXWOOD ROAD. ACKNOWLEDGED: MATTER
CONTINUED TO 1/22/91 IF NOT RESOLVED Manager Rosland directed the Council's
attention to a notice of claim for residence sewer backup at 5340 Hollywood Road,
dated December 10, 1990, and a subsequent letter dated January 3, 1991, from
Richard R. Miller, the property owner, with additional information. The claim was
referred to the City's insurance company who denied the claim.
stated that staff would like to review the facts and would recommend that the
matter be continued to January 22, 1991, unless it is resolved prior to then.
Manager Rosland
Richard Miller, 5340 Hollywood Road, was present and agreed to the continuation of
the matter.
Miller's letter of January 3, 1991.
*BID AWARDED FOR CASCADE WE= SEALING PROJECT
and was seconded by Member Rice for award of bid for water well sealing project -
Cascade Well, to recommended low bidder, Bergerson-Caswell, at $5,990.00.
Mayor Pro-Tem Keily asked that the record acknowledge receipt of Mr.
Motion was made by Member Paulus
Motion carried on rollcall vote, four ayes.
*BID AWARDED FOR SNOW PLOW AND WING
seconded by Member Rice for award of bid for one snow plow and wing to recommended
low bidder, Little Falls Machine, Inc., at $7.125.00.
Motion was made by Member Paulus and was
Motion carried on rollcall vote, four ayes.
BID AWARDED FOR SANITARY SEWER CONNECTION AT 6809 NORMANDALE ROAD (BC-12):
CONNECTION CHARGES TO BE LEVIED AGAINST PROPERTY
house has been moved onto the property at 6809 Normandale Road and the owner has
requested the sanitary sewer connection. The property owner, Ronald L. Carlson,
has made two digs and has been unable to locate the connection.
some relief from the City. Manager Rosland pointed out that the City's policy has
been and continues to be that the property owner must bear the cost of water and
sewer connection to the tap in the street. The relief offered by the City would
be to order the work for the sanitary sewer connection and assess the cost of the
project against the property for six years at 9% interest.
project to be assessed, the owner must sign an easement, petition, waiver and
release form.
Manager Rosland explained that a
He has asked for
In order for the
Ronald L. Carlson, 6809 Normandale Road, presented written background information
on his request that the City should:
1) additional cost to the property owner because these assessments have.been paid.
Provide the lateral sewer connection (#171) to the property line at no
282 . 1/7/91
2)
expedite completion of the work and reduce cost to the property owner.
3)
the frost season and unproductive digs.
Waive the requirement of an "air test" of the pipe to the building so as to
Reimburse the property owner an estimated $3,827.00 for added expense due to I .
Member Paulus commented that any additional cost may be the responsibility of the
seller of the property if the seller had represented to Mr. Carlson that the
assessments had been paid and the connections were readily available.
discussion and questions relating to the request of the property owner followed.
Member Smith then made a motion for award of bid for sanitary sewer connection at
6809 Normandale Road to lov bidder, Hopkins Plumbing & Heating Company, at
$3,710.00, subject to the property owner signing an easement, petition. waiver and
release form.
Further
Motion was seconded by Member Rice.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
Member Smith introduced the following resolution and moved its adoption, subject
to the property owner signing an easement, petition, waiver and release form:
BE IT RESOLVED by the City Council of the City of Edina, Mjnnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct sanitary sewer improvement connection at 6809 Normandale
Road and to assess the entire cost of the improvement against the property of the
petitioner, and that said petition has been signed by all owners of real property
where said improvement is to be located.
2.
ordered pursuant to Mhnesota Statutes, Section 429.031(3), (Session Laws of 1961,
Chapter 525, Section 1).
referred to in all subsequent proceedings as follows:
The entire cost of said improvement is hereby ordered to be assessed against the
property (PITI 30-028-24-33-0094) described as follows:
where said improvement is to be located.
Motion for adoption of the resolution was seconded by Member Rice.
RESOUPTION
The making of said improvement in accordance with said petition is hereby
I Said improvement is hereby designated and shall be
SANITARY SEWER CONNECTION NO. HC-12
Lot 9 except Hwy, NORMANDAIZ TERRACE
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Resolution adopted .
*BID AWARDED FOR CODIFICATION OF ORDINANCES Motion vas made by Member Paulus and
was seconded by Member Rice for award of bid for codification of ordinances to
recommended bidder, LHC - CLEAR Codification Services, at $5,876.00, plus $28/hr
for new material.
Motion carried on rollcall vote, four ayes.
H.R.A. COMHISSIOI!?EBS APPOINTED
by Member Rice for consent of myor Pro-Tem Kelly's appointment of the following
Edina Housing and Redevelopment Authority commissioners:
Motion was made by Member Paulus and was seconded
Bernard G. Rice, Jr. 01/02/95
Glenn L. Smith 01/02/95
Motion carried on rollcall vote, four ayes.'
SOD WASTE SOURCE REDUCTION PIAN APPROveD
that in order to remain eligible for recycling funding from Hennepin County,
cities must have a solid waste source reduction plan.
Chandler, Recycling Coordinator, has drafted a proposed plan which lists current
City policies which minimize waste, and recommends additional practices to reduce
waste.
Manager Rosland informed the Council
He stated that Janet
1/7/91 283
Member Rice introduced the following resolution and moved its adoption:
BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby approves
the Solid Waste Source Reduction Plan for the City of Edina, dated 01/03/91 and as
presented by the Recycling Coordinator.
Motion for adoption of the resolution was seconded by Member Smith.
RESOLUTION
Rollcall :
Ayes: Paulus, Rice, Smith, Kelly
Resolution adopted.
EXPENDITURE OF FORFEITURE MONIES CONTIJ!lUED TO JANUARY 22. 1991 MEETING Manager
Rosland advised the Council that forfeiture money has been accumulated over the
last several years to a sum of slightly over $40,000.
expenditure are quite specific. The Council was referred to a memorandum dated
January 3, 1991 from Chief Craig Swanson wherein he recalled that during the 1991
budget hearings, drug forfeiture funds were mentioned as a way of funding new
equipment and programs that would enhance police efficiency. Chief Swanson would
recommend the planned expenditures of forfeiture funds as listed in his
memorandum.
Guidelines for its
Member Smith made a motion to continue the approval of expenditures of forfeiture
monies to the meeting of January 22, 1991, when all Council Members would be
present. Motion was seconded by Member Rice.
Ayes: Paulus, Rice, Smith
Nays: Kelly
Motion carried.
EXCUSED ABSENCES POLICY TO BE DRAFTED FOR ADVISORY BOARDS AND COMMISSIONS Manager
Rosland referred to a letter dated November 14, 1990, from Robert Christianson,
Chair of the Park Board, requesting an exception to the attendance policy in order
that a board member can continue to serve. The current ordinance provides that
any member of an advisory board, commission or'committee who fails to attend three
consecutive meetings or who fails to attend any four meetings in twelve months may
be removed from office by the Mayor with the consent of the Council.
Rosland suggested that in some cases there may be extenuating circumstances
regarding absences which should be taken into consideration.
Manager
Member Smith made a motion directing staff to draft an excused absence policy for
advisory board and commissions, to be handled at the board/commission level, to be
brought back for Council consideration.
In discussing the motion, Member Rice said he would not be in favor of a general
excused absence policy because there would be the potential for abuse and, even
though there may be unavoidable circumstances that cause a member to miss a
meeting, he strongly felt it important that all members be in attendance. To have
this handled at the board/commission level would put the chairs in a difficult
position.
there may be an exception in certain cases.
give members an expectation as to exceptions.
policy he was suggesting would include notification of the absence to the chair of
the board or commission, concurrence of the chair, and then to the Mayor for
approval, with the consent of the Council.
should be sent to the chair of boards and commissions advising them of the policy
and asking them to notify the Council if they foresee an attendance problem.
Member Rice suggested that, if there are circumstances whereby a member will miss
several consecutive meetings, the member should consider resigning and requesting
reappointment after the situation is cleared up.
Motion was seconded by Member Paulus.
Mayor Pro-Tem Kelly said she agreed with Member Rice but felt that
Member Smith said a policy would
Manager Rosland explained that the
Member Paulus said she felt a letter
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
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FINANCIAL HEBLTH PROFILE FOR CITY OF EDIW REVIEWED
summary, as requested by the Council, of the Financial Health Profile for the City
of Edina compiled by the Minnesota Office of the State Auditor.
expenditures per capita for year end 1989 for Edina showed a total of $339.52 as
compared with Minneapolis at $885.61 (highest City) and Brooklyn Park at $261.38
(lowest City). Revenues per capita showed a total of $462.59 for Edina (lowest
city) as compared with Minneapolis at $1159.21 (highest City).
indicate that the City of Edina functions very inexpensively in relationship to
other cities in the metropolitan area.
It was the consensus of the Council that the citizens of Edina should be made
aware of this information and that it be included in the About Town publication.
Manager Rosland presented a
Current .
The figures
VACANCY ON UC BOARD OF DIRECTORS NOTED Mayor Pro-Tem Kelly noted that there is a
vacancy on the League of Minnesota Cities (LMC) Board of Directors. The LMC Board
will consider appointing a new board member to fill an unexpired term at its
January meeting.
included in the Council packets and if any member of the Council would like to
submit hisher name for appointment, staff would assist in that procedure.
*RESOLUTION ADOPTED DESIGNATING DEPOSITORIES FOR PhLIC FUNDS OF CITY Motion was
made by Member Paulus and was seconded by Member Rice for adoption of the
following resolution:
BE IT RESOLVED that the First Bank National Association, Minneapolis, HN,
Americana State Bank of Edina, Edina, MI, Southwest Fidelity State Bank, Edina,
MN, Marquette Bank Minneapolis, Minneapolis, HN ana Noruest Bank MetroWest, Edina,
MN, authorized to do banking business in Minnesota, be and hereby are designated
as Official Depositories for the Public Funds of the City of Edina, County of
Hennepin, Minnesota, until January 1, 1992.
Manager Rosland said that a list of the current board was
.
RESOLUTION DESIGNATING DEPOSITORIES
I Resolution adopted on rollcall vote, four ayes.
WIGNATORY RESOLUTION ADOPTED Motion was made by Member Paulus and was seconded
by Member Rice for adoption of the following resolution:
SIGNATORY RESOLUTION
BE IT RESOLVED that the persons holding office as Mayor, Manager and Treasurer of
the City of Edina, be, and they hereby are, authorized to act for this
municipality in the transaction of any banking business with First Bank National
Association, Americana State Bank of Edina, Southwest Fidelity State Bank,
Marquette Bank Hnneapolis and Noruest Bank MetroWest (hereinafter referred to as
the "Bank") from time to time and until written notice to any Bank to the
contrary, to sign checks against said accounts, which checks will be signed by the
Mayor, Manager and City Treasurer. Each Bank is hereby authorized and directed to
honor and pay any checks against such account if signed as above described,
whether or not said check is payable to the order of, or deposited to the credit
of, any officer or officers of the City, including the signer or signers of the
check.
~
Resolution adopted on rollcall vote, four ayes.
WACSIMLE SIGNATURES RESOLUTION ADOPTED
seconded by Member Rice for adoption of the follouhg resolution:
Motion was made by Member Paulus and was
RESOWTTION ADOPTED AUTHORIZING USE OF
FACSMILE SIGNATURES BY PUBLIC OFFICIBIS
RESOLVED that the use of facsimile signatures by the following named persons: I FREDERICK S. RICHARDS - MAYOR
KE"E!lH- E. ROSIAHD - CITY MANAGER
JOHH WAILIN - CITY TREASURER
on checks, drafts, warrants, warrant-checks, vouchers or other orders of public
funds deposited in First Bank National Association, Americana State Bank of Edina,
Southwest Fidelity State Bank, Marquette Bank Hixmkzapolis and Norwest Bank
1/7/91 285
MetroWest, be and hereby is approved, and that each of said named persons may
authorize said depository banks to honor any such instrument bearing his facsimile
signature in such form as he may designate and to charge the same to the account
in said depository bank upon which drawn as fully as though it bore his manually
written signature and that instruments so honored shall be wholly operative and
binding in favor of said depository bank although such facsimile signature shall
Motion carried on rollcall vote; four ayes.
I have been affixed without his authority.
I
I-494/169 LAND ACOMSITION COUNTER OFFER APPROVED
at the meeting of December 17, 1990, the Council had authorized staff to make a
purchase offer of $200,000 for acquisition of the vacant land at the northeast
quadrant of 1-494 and Highway 169. The Metropolitan Federal Bank has responded
that they would accept $375,000 with no contingencies, warranties, or liabilities
to the bank.
$290,000.
estimated at $50,000 which is a factor for them.
Manager Rosland recalled that
Staff would recommend that the City counter with an offer of
The City's offer was conditioned upon the seller paying all specials
Member Rice said that he was most concerned about environmental issues. Planner
Larsen responded that a Stage I environmental assessment on the property has been
done which concluded that a Stage I1 assessment is not required. Staff is in the
process of reviewing the assessment and that warranty would not be bargained away.
Member Paulus made a motion that the City make a counter offer of up to $290,000
with the understanding that the seller would pay all special assessments, and that
the Mayor and Manager be authorized to executelthe purchase agreement if the offer
is accepted. Motion was seconded by Member Smith.
Ayes: Paulus, Rice, Smith, Kelly
Motion carried.
(Member Rice left the meeting at this point on the agenda)
IIENNEPIN COUNTY REPORT "IS THE SHARE FAIR" DISCUSSED: RESOLUTION ADOPTED IN
SUPPORT OF COUNTY'S POSITION ON FISCAL DISPARITIES
report from Hennepin County entitled "Is The Share Fair" which 'speaks to the
Fiscal Disparities Program.
commercial/industrial property value in taxes is transferred out of Edina and also
out of Hennepin County which results in higher property taxes to Edina residents.
Because the Hennepin County Board is concerned about the recent growth in the
Fiscal Disparities program, it has taken the position that the size of the tax
base contribution pool should be limited to its 1991 level of $291 Million and has
asked the Council to adopt a resolution supporting the County's legislative
initiative.
position.
Manager Rosland referred to a
He said that under the program a great deal of
Manager Rosland recommended that the Council support the County's
Mayor Pro-Tem Kelly noted that the Edina school district also suffers through the
Fiscal Disparities Program. Member Smith said the County's proposal to lower the
target is not the greatest solution and that, personally, he would rather support
doing away with the program. Manager Rosland suggested that could be conveyed in
the cover letter.
Member Smith introduced the folloving resolution and moved its adoption:
WHElWS, the Fiscal Disparities Program was enacted by the 1971 Legislature and
implemented in 1975,
WHElWS, the goal of Fiscal Disparities is to allow all communities in the metro
region to share in the region's growth, regardless of where that growth occurs,
WEEREAS, the growth of the Fiscal Disparities pool is tied directly to the growth
of conrmercial/industrial property value in the metro area,
RESOLUTIOEI
288 1/7/91
WHERJW3, about two-thirds of the pool comes from inflation on properties that have
had no physical development since the program vas enacted,
WEEWLS, about 75% of all municipal tax base losses in 1991vere experienced by
IJHENUS, approximately $7 million of commercial/industrial property value in taxes
is transferred out of the City of Edina requiring higher property taxes as a
result of Fiscal Disparities,
WHERJW3, the Hexmepin County Board of Commissioners has endorsed a proposal to
limit the size of the tax base contribution pool to its 1991 level of $291Million
by adjusting the contribution rate;
NOW, TBEBEPOBE, BE IT RESOLVED by the City Council of the City of Edina that it
hereby supports the position of the Hexmepin County Board of Commissioners and
urges the Legislature to consider limiting the size of the tax base contribution
pool as proposed.
Motion for adoption of the resolution was seconded by Member Paulus.
- cities in Hexmepin County,
Charles Hansing, 4741 Hibiscus Avenue, commented that in Minnesota the property
taxes for commercial property is too high.
the fiscal disparities would be less and less and would force local governments to
address expenses.
leading the cause over the past ten years with regard to the homestead credit,
fiscal disparities and local government aids.
Mayor Pro-Tem Kelly then called for rollcall vote on the motion:
If the rates for commercial went down
Manager Rosland responded that the City of Edina has been
Rollcall :
Ayes: Paulus, Smith, Kelly
Resolution adopted.
*CLAIMS PAID
to approve payment of the following claims as shown in detail on the Check
Register dated 01/01/91 and consisting of 17 pages: General Fund $53,818.28,
Communications $32,345.93, Art Center $3,126.50, Capital Fund $3,182.15, Swimming
.Pool Fund $4,598.75, Golf Course Fund $87,557.01, Recreation Center Fund $860.41,
Edinborough Park $4,015.83, Utility Fund $235,664.44, Storm Sever Utility $298.86,
Liquor Dispensary Fund $2,165.48, Construction Fund $1,274.14, TOTAL $425,907.78.
Motion carried on rollcall vote, four ayes.
Motion vas made by Member Paulus and was seconded by Member Rice for
There being no further business on the Council Agenda, motion of Member Paulus vas
seconded by Mayor Pro-Tern
Adjournment at 9:22 p.m.
Kelly for adjournment and carried unanimously.
G-dL
City Clerk