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3IINUTES
OF THE RE- MEETING OF THE
EDINA CITY COlRJCIL HELD AT CITY HALL
NOVEMBER 2, 1992
ROLLCAIL Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
BOY SCOUT TROOP 62 WELCOMED
62 from Concord School who were working OR citizenship merit badges.
Mayor Richards welcomed members of Boy Scout Troop
CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith and vas seconded
by Member Kelly to approve and adopt the Council Consent Agenda items as
presented.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
MINNESOTA CHEMICAL HEhLTH WEEK IN EDR?A PROCLAIMED Mayor Bichards presented the
following proclamation which was unanimously adopted:
WHEREAS, alcohol and other drug abuse in the United States has reached epidemic
stages, and the 15-24 year old age group is dying at a faster rate than any other
age group; and
VHEReCls, red ribbons have been chosen as a symbol of individual and community
efforts to reduce the demand for drugs in our communities; and
WEEREAS, November 13-20, 1992, is Minnesota Chemical Health Week; and
VBEBEBS, business, government law enforcement, schools, religious institutions,
service organizations, comrmmities, neighborhood, youth, senior citizens and
individuals-will demonstrate their commitment to help reduce and prevent alcohol
and other drug abuse by displaying red ribbons during Minnesota Chemical Health
Week.
NOW, THEBEFORE, BE IT RESOLVED that November 13-20, 1992, be declared MPJPJESOTA
CHEMICBI, HEBLTH UEEK throughout the City of Edina.
BE IT FCIRTEER RESOLVED that the Mayor and Council Members of the City of Ed-,
in recognition of this event, support the activities sponsored by Minnesota
Chemical Health Week and Edina Chemical Awareness and encourage community
participation in drug awareness, education and prevention activities.
Accepting the proclamation was Jay Jaffee, Edina Chemical Health Awareness
Coordinator.
PROCUMATION
*SPECIAL ASSESSMENT FOR TREE REMOVAL IMPROVEMENT NO. TR-92 (4231 OAKDAIE AV'lQlUEI
CANCELED
cancel the pending special assessment for Tree Removal Improvement TR-92 against
the property at 4231 Oakdale Avenue per staff recommendation.
Hotion was made by Member Smith and was seconded by Member Kelly to
Motion carried on rollcall vote - five ayes.
ORDINANCE NO. 1992-1ADOPTED ON SECOND READING (AHENDING CITY CODE BY ADDING NEW
SECTION 10461
the Council had granted First Reading to Ordinance No. 1992-1 regulating storage
of vehicles.
Planner Larsen recalled that at its meeting of October 19, 1992,
No changes have been made to the ordinance since First Reading.
Public Comment
Howard Walters, 420 John Street, said he objected to the changes proposed in the
ordinance regarding parking of recreational vehicles.
RV for business, community services and leisure on a regular basis and the
restrictions on parking would affect that use.
He said that he uses his
Council Comment/Action
11/2/92 13
.
Mayor Richards commented that this issue has been talked about for a long time.
He said the ordinance does not forbid RVs but regulates where they can be parked
and stored so that the impact will be on the owner more than on affected
neighbors.
Member Smith moved Second Reading and adoption of Ordinance No. 1992-1 as
follows :
ORDINANCE NO. 1992-1
AN ORDINANCE AMWDING THE CITY CODE BY ADDING A NEW
SECTION 1046 BND REPEALING SECTION 1045
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
as follows:
1046.01. Definitions. Unless the context clearly indicates otherwise, the
following words and phrases have the meanings given in this Subsection:
Section 1.
"Section 1046 - Parking and Storage of Vehicles and Equipment
The City Code is hereby amended to provide a new Section 1046
All Terrain Vehicle (ATV). A motorized flotation-tired vehicle of not less
than three low pressure tires, but not more than six tires, that is limited
in engine displacement of not less than 800 cubic centimeters and total dry
weight less than 600 pounds.
Boat.
Commercial Usage Vehicles.
Any contrivance used or designed for navigation on water.
A.
construction, demolition, or maintenance activity.
B. Tractors.
C.
of 1500 pounds but not including recreational vehicles or trailers
used to transport boats, snowmobiles or ATVs.
D. Snow removal vehicles and equipment and tree trimming vehicles
and equipment.
E. Earth moving vehicles and equipment.
F. Trucks, vans and pickups with a manufacturer's nominal rated
carrying capacity of more than three fourths ton.
Vehicles and equipment designed or modified for use in any
All trailers or towed equipment exceeding a gross vehicle weight
District.
Code.
Inoperable Vehicle. A vehicle including, but not limited to, any
automobile, truck, trailer, marine craft, snowmobile, motorcycle, all
terrain vehicle, mobile home, pickup camper, camping trailer, and other
equipment for motorized transportation, that (i) has a missing or defective
part that is necessary for the normal operation of the vehicle, or (ii) is
stored on blocks, jacks, or other supports, or (iii) does not display a
license, or displays a license that is 60 days or more past its required
renewal date. Unmounted pickup campers or vehicles which are towed shall
not be deemed inoperable vehicles if they otherwise possess all parts and
are capable of normal operation and display a license that is not more than
60 days past its required renewal date if a license is required.
Non-Conforming Parking Location. An outdoor location on the driveway of a
lot in the R-1 or R-2 District which location is not within 15 feet of the
street and not within five feet of a side lot line.
Recreational Vehicle. A vehicle used or designed for use for temporary
residential occupancy including but not limited to campers, motorhomes,
mobile homes, pickup campers, camping trailers, tent trailers and travel
trailers.
Snowmobile. A self-propelled vehicle designed for travel on snow or ice
steered by skis or runners.
Special Purpose Trailer.
than 1500 pounds.
trailers used to transport boats, snowmobiles or ATVs.
A zoning district established pursuant to Section 850 of this
A trailer having a gross vehicle weight of less
Special purpose trailers include utility trailers, and
1046.02 Parking or Storage of Commercial Usage Vehicles, Inoperable Vehicles and
11/2/92 14
Vehicle Parts. Commercial usage vehicles, inoperable vehicles, or any part or
equipment appurtenant to any vehicle shall not be:
A. Parked or stored outdoors on lots in residential district.
B.
than 48 hours.
\
I Parked or stored outdoors on lots in non-residential districts for more
Provided, however, vehicles and eqyipment used for maintenance, repair, or
construction on the premises may be parked on the premises during the period of
work.
1046.03 Parking or Storage of Recreational Vehicles, Boats, AWs, Snowmobiles,
etc. Recreational vehicles, boats, AWs, snowmobiles, special purpose trailers
or other vehicles designed or used for off-road purposes may be parked or stored
in a garage or lavfully erected building, or may be parked or stored outdoors as
f ollows :
Subd.1
Subdistricts .
A. No more than two such vehicles, not more than one of which is a
recreationalvehicle, shall be parked or stored outdoors on each lot.
purposes hereof, a vehicle on a trailer shall be considered one vehicle.
B.
the occupant of the premises where parked or stored.
C.
interior side lot line, within 25 feet of a rear lot line, or within the
required front street setback or side street setback as defined by Section
850 of this Code.
D. Any such vehicle shall not be parked or stored closer to the buildable
area for a principal building on an adjoining lot than to the principal
building on the lot where parked or stored.
E. Notwithstanding the requirements of paragraphs A., B., C., and D. of
this Subdivision, any such vehicle may be parked on a temporary basis on a
driveway within the required front street setback or side street setback
subject to the following requirements:
Lots in the R-1 District, 8-2 District, PRD-1 and PRD-2
For
Any such vehicle parked or stored outdoors shall be owned or leased by
Any such vehicle shall not be parked or stored within five feet of an
I 1.
seven days.
2.
portion of a street and not within five feet of a side or rear lot
line.
Such vehicle shall not be parked for a period of time exceeding
Such vehicle shall not be parked within 15 feet of the travelled
It is the intent of this paragraph to permit the short term parking of such
vehicles for loading or unloading purposes and to accommodate the visitors
and guests of the residents of the premises.
Subd. 2 Lots in All Other Residential Districts.
A.
the occupant of the premises where parked or stored.
B.
only on hard surfaced areas.
Subd. 3 Lots in Non-Residential Districts.
A.
48 hours.
B.
parking area.
Any such vehicle parked or stored outdoors shall be owned or leased by
Any such vehicle parked or stored outdoors shall be parked or stored
Any such vehicle shall not be parked or stored outdoors for more than
Any such vehicle shall be parked or stored only on areas improved as a
1046.04 Other Vehicles, Passenger automobiles and all other vehicles not
regulated by SubsectioA 1046.02 and Subsection 1046.03 may be parked or stored in
a garage or lawfully erected building, or may be parked or stored outdoors as
follows :
Subd. 1 Lots in the R-1, R-2, PRD-1, PRD-2 Districts. On the driveway but
not within 15 feet of the travelled portion of the street or within five
feet of a side or rear lot line.
Subd. 2 Lots in All Other Residential Districts. On a parking area that
is hard surfaced.
Subd. 3 Lots in All Other Non-Residential Districts. On a parking area
11/2/92 15
that is hard surfaced but not for periods exceeding 48 hours.
hovever, vehicles may be stored for periods exceeding 48 hours on lots in
the PCD-3 District as defined in Section 850 of this Code, which are used
for the sale of new or used automobiles or boats.
Subd. 1 Variance System Established. The restrictions set out in
Subsection 1045.03 are necessary for the peace, health, safety and welfare
of the citizens of the City. It is recognized that there are so many kinds
of recreational vehicles, boats, etc. and so many shapes and sizes of lots
and land parcels within the City, that no matter what restrictions are
placed upon their outdoor parking and storage, hardships will result to
some owners of recreational vehicles, boats, etc. and nuisances will result
to some non-owners.
this variance system is established.
Subd. 2 Application. Any person desiring to locate a vehicle in a
location not permitted by Subsection 1046.03 may file a petition for a
variance with the Planner on forms provided by the Planner.
shall pay a fee as set forth in Section 185 of this Code.
shall be given or allowed for more than the number of vehicles allowed by
Subsection 1046.03.
Subd. 3 Hearing and Decisions by the Board; Notice.
Provided,
1046.05 Variances for Recreational Vehicles, Boats. etc.
In an attempt to avoid such hardships and nuisances,
The applicant
No variances
A.
petition is complete, and all required fees and information have been
received, the Zoning Board of Appeals as established by Section 850
of this Code shall conduct a public hearing and after hearing the
oral and written views of all interested persons, shall make its
decision at the same meeting or at a specified future meeting.
decision granting a variance may impose conditions which the Board
deems necessary to ensure compliance, protect adjacent properties and
promote the peace, health, safety and welfare of the citizens.
B. Notice of variance hearings shall be mailed not less than ten
days before the date of the hearing to the person vho filed the
petition for variance and to each owner of property situated vholly
or partially within 200 feet of the property to which the variance
relates insofar as the names and addresses of such owners can be
reasonably determined by the Planner from records maintained by the
Assessor.
Subd. 4 Appeal. The applicant, any owners to whom notice of the hearing
was given, or any member of the staff of the City. may appeal a decision of
the Board to the Council, by filing a written notice of appeal with the
Clerk within ten days after the date of the decision.
Subd. 5 Hearing by Council. The Council, at its next regular meeting
after the appeal is filed, shall set a date for hearing the appeal. Notice
of the hearing shall be given in the same manner as the hearing before the
Board. At the hearing, all persons shall be heard who wish to be heard, in
person or by a representative. At the hearing, or a specified future date,
the Council shall make its decision. The Council's decision shall set
forth its findings and reasons for granting or denying the variance, or the
Council may adopt, as its own, the findings and reasons of the Board. On
granting a variance, the Council may impose conditions to the same extent
as the Board as set out in Subd. 3 of this Subsection.
Subd. 6 Variance Order. Each variance order shall be retained on the
property to which it relates and shall be displayed at the request of any
City employee.
Subd. 7 Variance Not Transferrable, Exception. Each variance shall be
limited and restricted to the stated person, vehicle and property location
and may not be transferred to any other person, or be used for any other
vehicle or property location. Provided, hovever, a variance may be
transferred to another vehicle provided such vehicle is not longer, wider,
Within 30 days after the Planner determines that a variance
Any
taller or older than the vehicle
granted.
Subd. 8 Revocation of Variance.
16 11/2/92
for which the variance was initially
Each variance granted may be revoked by
the City for failure of the recipient to comply fully and continually vith
the stated conditions or for any violation of the provisions Subd 7 of this
Subsection.
I
1046.06 Non-Conforming Parking and Storage. Any recreational vehicle, boat,
snowmobile, all-terrain vehicle, or special purpose trailer which was parked or
stored in a non-conforming parking location prior to the effective date of this
Section may continue to be so parked or stored subject to the requirements of
this Subsection.
Subd. 1. Standards for Parking and Storage.
A.
conforming parking location.
stored only in those locations required by Subsection 1046.02.
B. No more than one recreational vehicle, boat, snowmobile, all-
terrain vehicle, or special purpose trailer shall be parked in a non-
conformhg parking location.
C. Any recreational vehicle, boat, snowmobile, all-terrain vehicle,
or special purpose trailer parked or stored in a non-conforming
parking location shall have been owned continuously since the
enactment of this Section by the occupant of the premises vhere
parked or stored.
D. The lot upon which a recreational vehicle, boat, snowmobile, all-
terrain vehicle, or special purpose trailer is parked or stored in a
non-conforming parking location shall have been owned or rented
continwusly since the enactment of this Section by the owner of the
vehicle so parked or stored.
An inoperable vehicle shall not be parked or stored in a non-
An inoperable vehicle may be parked or
Subd. 2. Proof of Ownership. Upon the request of any Cie employee, the
occupant of the premises vhere a recreational vehicle, boat, snowmobile,
all-terrain vehicle, or special purpose trailer is parked or stored in a
non-conforming parking location, shall provide proof of compliance vith
paragraph C. and paragraph D. of Subd. I of this Subsection.”
Section 2.
Section 3.
passage and publication.
.I
Section 1045 of the City Code is repealed in its entirety.
This ordinance shall be in full force and effect upon its
/-
ATTEST : Ag! Mayor s tL&- *d%/ K
City Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Rice, Smith, Richards
Nays: Paulus
Ordinance adopted.
FIRST READING FOR ORDINANCE NO. 1992-3 (AMENDING SECTION 815 OF CITY
CODE)
amend Section 815 of the City Code (the antenna ordinance) in two respects:
Planner Larsen presented draft Ordinance No. 1992-3 noting that it would
1.
for the Section.
2. Subdivision 2 of Subsection 815.05 has been amended to correct the formula
with respect to the spacing between certain towers and antennas and nearby lots
in the R-1 and R-2 Districts.
limit for antennas and towers in the R-1 and R-2 Districts of 50 feet. After
receiving testimony of amateur radio operators, the Council increased the height
Subsection 815.01 has been added which would include purposes and objectives
The initial draft of Section 815 provided a height
11/2/92
limit to 65 feet. Based on this change, Subdivision 2 of Subsection 815.05
should have likewise been changed from 50 feet to 65 feet.
ordinance would effect this change.
Staff would recommend adoption of the ordinance with waiver of Second Reading.
The proposed
I
I
Member Smith moved adoption of Ordinance No. 1992-3 with waiver of Second Reading
as follows:
ORDINANCE NO. 1992-3
AN ORDINANCE AMENDING SECTION 815 OF THE CITY CODE BY
PROVIDING FOR A PURPOSE AND OBJECTIVES AND BY CORRECTING THE
FORHULA FOR THE MINIMUM DISTANCE FROM CERTAIN TOWERS AND
ANTENNAS TO LOTS M TBE B-1 AND R-2 DISTRICT
TEIE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
815.07, 815.08 815.10 and 815.11 of the City Code are hereby renumbered
Subsections 815.02, 815.03, 815.04, 815.05, 815.06, 815.07, 815.08, 815.09,
815.10, 815.11 and 815.12, respectively.
as follows:
Section 1. Subsections 815.01, 815.02, 815.03, 815.04, 815.05, 815.06,
Section 2.
"815.02 Purpose and Objectives.
The purpose and objectives of this Section are to provide for the safe
installation of antennas, dish antennas and towers and to minimize the
adverse aesthetic impact of antennas, dish antennas and towers on
surrounding properties, while permitting reasonable reception and
transmission of signals from antennas, dish antennas and towers without
excessive costs on the owners of antenna, dish antennas and towers. To
lessen the adverse aesthetic impact on surrounding properties because of
the unsightly nature of antennas, dish antennas and towers, and preseme
the high quality residential character of Edina, and to ensure that
antennas, dish antennas, and towers are installed in a manner that can
withstand high vinds and other adverse weather conditions and do not
constitute a nuisance or pose a safety concern, the Council has determined
to impose size, height, location and installation restrictions and
requirements on antennas, dish antennas and towers. The different size and
shapes of antennas, dish antennas and towers results in different degrees
of adverse aesthetic impact on surrounding properties and different safety
concerns. Because of the different aesthetic impacts and safety concerns,
this Section imposes different location, size, height and installation
restrictions and requirements for antennas, dish antennas and towers. In
particular, this Section imposes different restrictions and requirements
for dish antennas.
obtrusive and less likely to blend in with their surroundings which results
in a greater adverse aesthetic impact on surrounding properties than
antennas and towers, and the shape of dish antennas makes them subject to a
high amount of wind force because the dish shape will trap wind, with the
larger the dish or higher the supporting structure resulting in greater
wind force on the base of the structure.
restrictions and requirements the Council has considered what size and
height is necessary for an antenna, dish antenna and tower to provide
quality use and afford reasonable reception and transmittal of signals and
believe that the location, size, height and installation restrictions and
requirements of this Section permit antennas, dish antennas and towers to
reasonably receive and transmit their intended signals and do not impose
excessive costs on owners of antennas, dish antennas and towers."
Section 3.
follovs :
"Subd. 2. Additional Restrictions for Towers and Antennas in Excess of 65
Feet in Height. In addition to the requirements of Subd. 1 of this
There is hereby added to the City Code a new Subsection 815.01
The size and shape of dish antennas make them more
In determining these differing
Subd. 2 of Subsection 815.05 is hereby amended to read as
18 11/2/92
Subsection, the following minimum distance shall be provided between
(i) ground mounted towers, (ii) ground mounted antennas, or (iii) ground
mounted towers with antennas, which are in excess of 65 feet in overall
height, and the nearest lot line of a lot in the R-1 District or R-2
District used for residential purposes:
Minimum Distance in Feet = 20 (h-50) + 50
h = overall height of tower and antenna in feet"
Section 4. This ordinance shall be in full force and effect upon its
passage.
City Clerk
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
I
*PR.EIJHINARY PUT APPROVAL FOR HARK DALQUIST ADDITION CONTINUED TO 11/16/92
Motion vas made by Member Smith and was seconded by Member Kelly to continue the
hearing on preliminary plat approval for the Mark Dalquist Addition (Lot 11,
Auditor's Subdivision No. 325) to November 16, 1992.
Motion carried on rollcall vote - five ayes.
*EEARrNG OH APPEAL OF ZONING BOARD OF APPEBLS DECISION REGARDING VARIANCE TO
INSTBI;L SATEILITE A"A ON ROOF (5324 62ND STREET VEST) CONTINUED TO 11/16/92
Motion vas made by Member Smith and was seconded by Member Kelly to continue the
hearing on the appeal of the Zoning Board of Appeals decision regarding a
variance to install a satellite antenna on roof at 5324 62nd Street West.
Motion carried on rollcall vote - five ayes.
CONCERN OF RESIDENT HARK DALQUIST RULED OUT OF ORDER
Schaefer Road, asked to present a concern as stated in his letter dated November
2, 1992, regarding Sanitary Sewer Improvement No. SS-303 authorized by the
Village Council on March 6, 1972, which provided six service stubs on property
then owned by Ruth Schaefer.
Mark Dalquist, 5012
Mayor Richards interjected that, if the request had anything to do with the
proposed Mark Dalquist Addition subdivision, the Council would not hear it
because it would not be fair to the residents who have participated in the
process to this point.
Mr. Dalquist then handed the following to the Council: 1) His letter dated
November 2, 1992, 2) Copy of letter dated January 24, 1972, from Minnesota
Pollution Control Agency, 3) Notice of Public Hearing - Sanitary Sewer Project
SS-303, dated February 25, 1972, and 4) Copy of Minutes of Edina Village Council
of March 6,- 1972.
At this point it was the consensus of the Council that all discussion cease,
based on point of order that the material did relate to the proposed Mark
Dalquist Addition subdivision under consideration by the Council.
*BID AUARDED FOR IRRIGATION SYSTEM FOR NEW "E HOLE GOLF COURSE AT BRAEMAR
Motion vas made by Member Smith and was seconded by Member Kelly for award of. bid
for irrigation system for the new nine hole golf course at Braemar to recommended
low bidder, Northern Irrigation Systems, Inc., at $173,150.00.
Motion carried on rollcall vote - five ayes.
11/2/92
*BID AWARDED FOR OUTDOOR WARNING SIREN Motion vas made by Member Smith and was
seconded by Member Kelly for award of bid one outdoor varning siren for the
Centennial Lakes area to recommended lov bidder, Federal Signal Corporation, at
Motion carried on rollcall vote - five ayes.
$io,a25.75.
PARK BOARD RECOMMENDATION REGARDING GAMBLING/PUND RAISERS CONSIDERED: COUNCIL
POSITION UNCHANGED
Park & Recreation Director Kojetin informed the Council that during the past year
the Park Board has been studying the issue of gambling/fund raising.
meeting of October 13, 1992, after discussing the issue with the various athletic
associations, the Board recommended to the City Council that the Edina athletic
associations be allowed to accept funds from charitable organizations that raise
funds through legalized gambling pursuant to grant requests.
At its
Paul O'Connor said that as a School Board member he represented the School Board
on the Park Board.
recommendation of the Park Board because it was contrary to the values the School
Board is trying to integrate into the educational program.
scholarships are available to those youths who cannot pay the athletic
association fees.
Association were billed $3,000 for gym costs and that last year the bill was
increased to $9,000. Mr. O'Connor responded that prior to two years ago the
schools absorbed part of the gym time costs, but that because their funding from
the state is limited they now have to charge their real cost for use of their
facilities.
The School Board's unanimous opinion was not to support the
He mentioned that
Member Smith noted that two years ago the Edina Basketball
Steve Cook, 6820 Oaklawn Avenue, commented that felt the athletic associations
should be able to accept charitable contributions that have been generated from
lawful gambling operations outside the community. He asked the Council Members
to accept the recommendation of the Park Board, noting that some of the
charitable organizations generate so much money they are obliged to give some of
it away to non-profit organizations.
Association has acknowledged that some families can no longer afford the sport
because the user fees have been steadily increasing.
He pointed out that the Edina Hockey
Trish Brown, representing EGAA, said she concurred and mentioned that the user
fees for participation in the various athletic associations have been increasing
to pay for gym time and janitorial services at the schools.
Member Rice interjected that strong opinions have been expressed on this issue.
He said he was confused as to the relationship of the athletic associations to
the City and the Council's proper role and rights legally to set policy for them.
Manager Rosland said the City probably cannot legally control the associations.
However, the system has worked well with the City providing facilities/staff and
the residents volunteering through the associations to provide athletic programs
for the young people of the community. Attorney Gilligan opined that the
associations are separate non-profit corporations which may set their own
policies and the City Council has no legal control over them.
that, personally, he felt it would be a mistake to accept funds generated from
lawful gambling, that the athletic programs should be funded the way they have
been in the past. However, he conceded that the associations should each decide
how to fund their activities, i.e. selling pizzas or accepting gambling funds,
with the City Council not involved.
Member Rice added
Member Smith reminded the Council Members that the athletic programs exist
because of partnership with the City and he felt the City could control the
associations by saying the City will not provide facilities or staff support for
those who accept funds generated from gambling. Further, some policy should be
11/2/92
developed to make sure the young people are treated equally regardless of which
program they participate in.
limited to participation grants.
Member Paulus commented that some of the athletic programs are becoming almost
pre-professional with paid coaches, etc. which causes the costs of the programs
to spiral.
she suggested that if these funds are used the amount be limited.
20
He felt if gambling funds were used they should be
,
While not in favor of the associations accepting funds from gambling,
Member Kelly said she concurred that the teams are getting more competitive with
the grade level participation lowered each year.
traveling teams have added to the expenses.
the charitable organizations have these monies to give away, it could defray some
of the expenses.
participation and costs of the various athletic programs.
Also, the introduction of
The other side of the issue is if
She felt the Council needed further information as to level of
Mayor Richards commented that the issue is not funds from gambling, but how do
you buy into the system.
earning the money to participate in the programs.
by gambling the wrong message will be sent to the kids.
that last year it took action by motion that the City not participate or be in
partnership with any youth athletic association which uses gambling proceeds to
support the association’s operation.
Member Kelly made a motion to study further the level of participation and costs
of the programs before making a decision.
Years ago the young people took responsibility for
By accepting funds generated
He reminded the Council
Motion failed for lack of second.
Member Rice made a motion that the Edina athletic associations be allowed to
accept funds from charitable organizations that raise funds through any legal
means. Motion was seconded by Member Kelly.
Ayes: Kelly, Rice
Nays: Paulus, Smith, Richards
Motion failed.
No further motion being offered, Mayor Richards concluded that the matter stands
as before.
GOIifHUNI~ HEALTH SERVICES ADVISORY COMMITTEE RECOMMENDATION REGARDING ILLEGAL
TOBACCO SALES CONSIDERED Matthew Peterson, Community Health Services Advisory
Committee Chair, informed Council that the Committee has discussed the issues
surrounding tobacco use and its harmful effect on people.
that the best way to address this problem is by taking steps to prevent young
people from starting tobacco use at an early age.
making sure retailers do not sell tobacco to minors (under the age of 18).
The Committee believes
This can be accomplished by
The Committee would recommend the following:
1) More aggressive enforcement activity on at least a quarterly basis to
reduce the illegal sale of tobacco products to minors at the licensed
tobacco sales points within the City of Edina.
2) That Council direct staff to pursue the revocation of tobacco sales
licenses from licensees who are found to be repeat violators.
3) That the annual fee for a license to sell tobacco products be increased
to $1000.
4) That the reapplication for a tobacco sales license after revocation be
double the original license fee.
11/2/92 .. - 21
5) That the individual tobacco license holders be notified of these
provisions after adoption by the City Council.
Discussion followed on the Committee's recommendation and the correlation between
the proposed license fee and the City's costs for more enforcement activity. Mr.
Peterson pointed out that by state statute, tobacco sale licenses are not subject
to relationship to cost.
I
Member Kelly made a motion directing staff to: 1) Research the costs to the City
for more aggressive enforcement activity, 2) Research the proposed annual license
fee, and 3) Consider alternative mechanisms for preventing tobacco sales to
minors. Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*RESOLUTION ADOPTED AUTHORIZING 1993 GRANT APPLICATION TO COUNTY FOR RECYCLING
FUNDING Motion was made by Member Smith and was seconded by Member Kelly for
adoption of the following resolution:
m, Pursuant to Minnesota Statute 115A.551, by December 31, 1993, each
county in the metropolitan area will have as a goal to recycle a minimum of 35
percent (35%) by weight of total solid waste generation, and each county must
develop and implement or require political subdivisions within the county to
develop and implement programs, practices, or methods designed to meet its
recycling goal; and
WHEREAS, Pursuant to Minnesota 1158.552, counties shall ensure that residents
have an opportunity to recycle; and -, Hennepin County Ordinance 13 requires each city to implement a recycling
program to enable the County to meet its recycling goals; and
WHEREAS, in September, 1992, the County adopted a Hennepin County Residential
Recycling Funding Policy effective January 1, 1993, through December 31, 1997, to
distribute funds to cities for the development and implementation of waste
reduction and recycling programs; and
WHEREAS, to be eligible to receive these County funds, cities must meet the
conditions set forth in the "Funding Policy;" and
UJEREAS, the City of Edina desires to receive these County funds;
TEIEREPORE, BE IT RESOLVED that the Edina City Council authorizes the submittal of
the 1993 Municipal Recycling Grant Application, Hennepin County Residential
Recycling Program; and
BE IT FURTHER RESOLVED that the City will use such County funds only for the
limited purpose of implementing the City's waste reduction and recycling program.
RESOLUTION
Motion carried on rollcall vote - five ayes.
*SOUTH HENNEPIN REGIONAL CITIZENS ADVISORY COMMISSION BYLAWS APPROVED Motion was
made by Member Smith and was seconded by Member Kelly to approve the revised
Bylaws of the South Hennepin Regional Citizens Advisory Commission as presented.
Motion carried on rollcall vote - five ayes.
*REPORT ACCEPTED ON COPPER AND LEAD TESTING PURSUANT TO EPA RULES Motion was
made by Member Smith and was seconded by Member Kelly to acknowledge and accept
the report on copper and lead testing activities pursuant to Environmental
Protection Agency guidelines.
Motion carried on rollcall vote - five ayes.
APPOINTMENT MADE TO EDINA FOUNDATION BOARD OF DIRECTORS
that he intended to appoint Kevin Ries to The Edina Foundation Board of Directors
if the Council concurred.
Mayor Richards advised
Member Smith made a motion for consent of the Mayor's appointment of Kevin Ries
11/2/92
to The Edina Foundation Board of Directors to fill an unexpired term to June,
1993.
22
Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried. I APPOINTMENTS HADE TO HERITAGE PRESERVATION BOARD
intended to appoint John F. Cooney and John J. McCauley to the Heritage
Preservation Board if the Council concurred.
Mayor Richards advised that he
Member Smith made a motion for consent of the Mayor's appointment to the Heritage
Preservation Board of John P. Cooney to fill an unexpbed term to February 1,
1994, and of John J. HcCauley to fill an unexpired term to February 1, 1993.
Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
APPOINTMENT MADE TO COHMIJNITY EDUCATION SERVICES BOARD Mayor Richards informed
Council that Member Smith has resigned as Council representative to the Community
Education Services Board and that Member Kelly has agreed to serve on the Board.
Member Paul. made a motion for consent of the Mkyor's appointment of Hember
Kelly as Council representative to the Community Education Services Board to fill
anunexpired term to June 30, 1993. Motion was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*RXSOLUTION ADOPTED AMENDING YEAR XVII CDBG ALTBCATIONS Member Smith's motion
was seconded by Member Kelly for adoption of the following resolution:
BE IT RESOLVED that the Edina City Council does hereby request an amendment to
the project description for the CDBG funds in Year XVII, Program X52042 - Removal
of Architectural Barriers to include the following:
Accessibility Survey - City Properties
BE IT FURTHER RESOLVED that City Properties Accessibility be added to the Removal
of Architectural Barriers project in year XVII of the Program.
ADOPTED this 2nd day of November, 1992.
RESOLUTION
$9,525.00
Motion carried on rollcall vote - five ayes.
LETTER DATED 10/15/92 REGARDING METERED RAMPS ON HIGHWAY 100 ACKNOULEDGED Mayor
Richards referred to a letter dated 10/15/92 regarding metered ramps on Highway
100 signed by 68 citizens.
accomplished what they originally were intended for which was to reduce traffic
on Highway 100 and asked that the time between each light be shortened or that
the meters be removed.
be directed to respond by letter that because the metering of ramps are
controlled by MNDOT, the City has no jurisdiction over the timing of the meters
The letter stated that the meters have not
It was the consensus of the Council that Manager Rosland
1993 AIM LEGISLATIVE POLICY PROGRAM DISCUSSED As directed by Council, Manager
Rosland reported that he had reviewed the 1993 Association of Metropolitan
Municipalities (AMM) Legislative Policy Program and recommended the following for
consideration by the Council:
II-A
11-1 General Legislation - Cooperation, Collaboration, and Consolidation
III-A.3 Housing and Economic Development and Land Use - Mandatory Land Use
IV-C-1 Metropolitan Agencies - Policy Planning - Policy Implementation
VII-A-1 Metropolitan Governance Reorganization - Election of Metropolitan Council
General Legislation - Oppose Reduction of Authority or Local Control
(Shared Services)
Standards
11/2/92 23
It was the consensus of the Council to support the position of AMM on these
policies, with the exception that members of the Metropolitan Council should be
appointed rather than elected.
the AMM Membership Meeting on November 5, 1992.
Mayor Richards said he would carry the message to
THE EDINA FOUNDATION AUDIT DISCUSSED
meeting the Council had questioned an expenditure of $7,485.00 in the audit’
report for The Edina Foundation identified as Management and General Expenses.
James Van Valkenburg, Secretary/Treasurer, has provided the following
explanation:
Bond/Education $ 931.00
Pledge/Contribution Mailings 6.554.00
Manager Rosland recalled that at the last
$7,485.00
The mailings brought in a total of $12,535.00 in pledges and contributions.
There was no further discussion on the audit report.
1993 LWC CITP POLICIES AND PRIORITIES RECEIVED Manager Rosland said that the
1993 League of Minnesota Cities (LMC) 1993 City Policies and Priorities which
will be acted upon at the November 19, 1992 membership meeting have just been
received. These will be reviewed for recommendation to the Council at the
November 16 meeting.
*CLAIMS PAID
approve payment of the following claims as shown in detail on the Check Register
dated 10/28/92, consisting of 20 pages: General Fund $147,012.48; Cable
$8,803.65; Working Capital Fund $1,497.20; Axt Center $1.,784.54; Pool $20,879.61;
Golf Course $52,364.64; hena $17,698.05; Gun Range $13.46; Edinborough/
Centennial Iakes $268,129.01; Storm Sewer $1,222.49; Liquor Dispensary
$38,231.37; Construction Fund $498.40; IMP Bond Redemption #2 $159.75; TOTAL
$577,260.55.
Motion was made by Hember Smith and was seconded by Hember Kelly to
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 9:22 P.M.
-7hLyvl.U
City Clerk