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HomeMy WebLinkAbout19931018_regular44 HruuTE3 OF THE REGWAR MEETING OF THE EDINA CITY COUNCXL HELD AT CITY HAIL. OCMBER18, 1993 ROILCAT& Answering rollcall were Members Kelly, Paulus, Rice, Smith, and Mayor Richards. UOYD ENGEISHA DAY PROCLAIMED Mayor Richards presented the folloving proclamation which vas unanimously-adopted on motion of Member Rice, seconded by Meniber Kelly: A PROCLAHATIOX?. WHEREAS, Lloyd Engelsma has been a valued resident of the City of Edina for more than 50 years; and VBEBEBS, under Hr. Engelsma's leadership for the past 55 years, maus-Anderson Construction Company has grown to become one of America's top 100 building contractors ; and -, Hr. Engelsma has been unselfish in giving his time to numerous conmmnity and professional organizations, including: present Chairman of Mount Olivet Lutheran Church, past Chairman and present Board Member of Gustavus Adolphus College, past Chaizman of Goodvill Industries, past Board Member of Minneapolis Athletic Club and Minneapolis Boys' Club, past Chairman of Hetropolitan Medical Center, past Director of American Swedish Institute, and past Chairman of Economic Development Committee of the Greater Minneapolis Chamber of Commerce. WEEREAS, Mr. Engelsma's integrity and dedication to his family, his customers and his comrmmity serve as an inspiration to all; and VHEBEBS, Hr. Engelsma will be honored with the 1993 B'nai B'rith International Great American Waditions Avard on October 27, 1993. NOU, THEaEFORE, BE IT RESOLVED that the City Council, of the City of Edina does hereby proclaim October 27, 1993, to be: in the Cie of Edina, Mhnesota. BE IT FWTHEB RESOLVED that the City of Ed- thanks Hr. Engelsma for his unselfish and dedicated service for the exemplary role he has played as a leader in both the construction industry and comnnmity service. ADOPTED this 18th day of October, 1993. I I;uIpD EHGE3SMA DAY CONSENT AGENDA ITEMS APPROVED by Member Rice to adopt the Council Consent Agenda items as presented. Motion was made by Member Smith and vas seconded Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *HImS!CES OF COUPJCIL HIWTING OF OCTOBER 4. 1993. APPROVED Motion vas made by Member Smith and vas seconded by Member Rice to approve the Council Minutes of the regular meeting of October 4, 1993. Motion carried on rollcall vote - five ayes. PUBLIC HEARING CONCLUDED ON SPEC= ASSES!MENT FOR TReE TRIMKTNG PROJECT NO. TT-93: ASSESSMENTS LEVIED Mayor Richards stated that the special assessment for Tree Trimming Project No. TT-93 was continued by the Council at the last meeting to allow staff to field check specific properties who were objecting to the proposed assessment. Park Director Kojetin presented the following recommendations for the five properties in question: Address ProDosed Assessment Findings 316 Van Buren (1 tree) $ 68.25 Tree on private property, no charge 10/ 18/93 45 405 Griffit (2 trees) 201.50 Trees on private property, no 409 Griffit (4 trees) 328.25 Trees on private property, no 5221 Lochloy (2 trees) 52.00 One tree one-half private, one- Second tree on public property, charge charge charge 117.00 half public, no charge 6017 Pine Grove (2 trees) 69.25 All on public property, charge The trees found to be on private property instead of public right of way will be removed from the tree inventory. Director Kojetin added that following the last meeting an appeal was received from the property owner at 306 Grove Place in regard to the amount of work done. After examination, staff would recommend $55.25 assessment as proposed. Public Comment Charles Kotovic, 306 Grove Place, spoke to his appeal and asked for an adjustment of the assessment because of the minor amount of trimming done on his small tree. Camilla Johnson, 409 Griffith Street, expressed her appreciation for correcting the assessment proposed against her property. Council Action Member Smith made a motion to approve the staff recommendations as presented, except that the assessment for 306 Grove Place be reduced by one-half. was seconded by Member Kelly. Motion Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith then moved adoption of the following resolution: SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF VARIOUS PUBLIC PROJECTS BE IT RESOLVED by the City Council of the City of Ed-, Minnesota, as follows: 1. The City has given notice of hearings as required by law on the proposed assessment rolls for the public project referred to, and at such hearing held on October 18, 1993, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for the following public project: Tree Trimming Project No. TT-93 does not exceed the local benefits conferred by said project upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements and projects to be spread against the benefitted lots, parcels and tracts of land described therein. 3. installments, together with interest at a rate of 7.5% per annum, on the entire assessment from the date hereof to December 31, 1994, to be payable with the general taxes for the year 1994. To each subsequent installment shall be added interest at the above rate for one year on all then unpaid installments. number of such annual installments shall be as follows: TREE TRIMMING PROJECT NO. TT-93 (Levy NO. 12867) 1 year 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. The assessments shall be payable in equal installments, the first of said The Name of Project No. of Installments 46 5. The City payable by a 10/18/93 Clerk shall also mil notice of any special assessment which may be -- county, by a political subdivision, or by the owner of any right-of- way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted . PIHAL DEVEIX)PLIEIJT PIAN APPROVED FOR 5113 VEST 50TH STREET Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen explained that the subject property at 5113 West 50th Street is generally located west of Arcadia Avenue and south of Vernon Avenue. 1993, the Council approved a final development plan for redevelopment of the property. That plan contained two main components: 1) to reduce the size of the existing building on the site from 35,000 to 17,000 square feet for mixed use retail, and 2) to construct a 6,000 square foot free-standing video rental store on the north side of West 50th Street. In April, That plan has been abandoned. On September 1 and 29, 1993, the developer appeared before the Planning Commission with a revised final development plan which downsized the project by eliminating the new building and reducing the amount of demolition to the bowling alley building. two proposed uses, i.e. a 3600 square foot Davanni's Pizza restaurant and a Whole Foods Store of approximately 24,000 to 27,850 square feet in area. would be supported by a 132 space parking lot. Thus, a 42 space parking variance would be required for standard retail use. The present plan illustrates a revised perimeter landscaping plan that would incorporate the boulevard landscaping concept prepared for the HRA. determines not to proceed with the public landscaping project, the developer would be expected to prepare a standard landscape plan that would meet Zoning Ordinance requirements. The revised plan illustrates a 31,450 square foot building with Both uses If the HRA Exterior materials proposed for the revised plan would be essentially the same as proposed earlier, face brick and stucco. ordinance requirements as to size but would require further detail on the sign band. The proposed signage would meet The staff recommendation to the Planning Commission was to approve the revised plan but that the building be reduced in size to provide a parking ratio similar to that approved on the prior plan. area if needed by creating an internal "dead space" within the building, thus not affecting the external building shell. monitor. Commission chose to approve a full use of the building, subject to a proof of parking agreement. proposed. re-uses of the property, to create "dead space" within the building, and to provide alternatives for employee parking. condition that the revised plans incorporate the boulevard landscaping concept prepared for the HRA. DeveloDer Comment David Carland, CSM Corporation, developer of the subject site, commented that they felt the revised plan is an excellent alternative to what was proposed in The proponent would prefer to reduce floor Staff felt that concept would be hard to After hearing from both the developer and staff, the Planning The Commission felt the uses would conform to the parking as Further, that the parking agreement would provide for review of future Staff would recommend a second 10/18/93 47 April and would eliminate concerns that were raised earlier by the Council and the proposed tenant (Blockbuster Video). enthused about the landscaping enhancements proposed to be implemented by the HRA. In terms of parking, Mr. Carland said both tenants have done good research on projected customer volumes and resultant parking and have little concern that there would ever be a parking problem. developed, the tenants have said they would comply with the terms of the parking agreement. Mr. Carland added that the leases with Davanni's and Whole Foods stipulate that employees can be required to park off-premises if the situation requires that. He said the Whole Foods people are If in the future a parking problem I Mayor Richards then called for public comment on the final development plan proposed for 5113 West 50th Street. No comment or objection was heard. Council Comment/Action Member Kelly moved adoption of the following resolution, subject to a signed Proof of Parking Agreement: RESOLUTION APPROVING FINAL DEVELO- PIAN FOR CSH INVESTORS, INC. BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Development Plan for CSH Investors, Inc., 5113 West 50th Street, presented at the regular meeting of the City Council of October 18, 1993, be and is hereby approved. Motion was seconded by Member Paulus. Member Rice stated he would not support the motion for these reasons: 1) the plan as presented is actually a new development plan because of the change in uses, 2) the proposed parking variance is excessive, 3) objection to the internal "dead space" concept, and 3) opposed to the offsite parking for employees. Member Smith said he concurred with Member Rice and felt the Council should have further detail on the issues of "dead space", landscaping and parking variance. Mayor Richards commented that he would support the motion because the proposed uses are less intensive that the previous plan approved by the Council. Further, that the proposal was unanimously approved by the Planning Commission and that the revised plan incorporates the public landscaping that was presented to the HRA by the City's consultant. Mayor Richards then called for vote on the motion. Rollcall : Ayes: Kelly, Paulus, Richards Nays: Rice, Smith Resolution adopted . ORDINANCE NO. 1993-11 (AMENDING CITY CODE TO CJUNGE THE HOURS OF SALE FOR LIOUOR AND WINE) ADOPTED ON SECOND READING Assistant Manager Hughes reminded Council that Ordinance No. 1993-11 (Amending Section 900 of the City Code to Change the Hours of Sale for Liquor and Wine) was granted First Reading by the Council on October 4, 1993. At that meeting staff was directed to include a sunset provision whereby the ordinance would terminate one year after publication. That provision has now been included in the ordinance and staff would recommend Second Reading and adoption. Mayor Richards called for public comment on the proposed ordinance. or objection was heard. No comment Member Kelly moved Second Reading and adoption of Ordinance No. 1993-11 as f ollovs : ORDINANCE NO. 1993-11 AN 0RDI"CE AMENDING SECTION 900 OF THE CITY CODE TO CHANGE TBE EOURS OF SALE FOR LIQUOR AND FTILQP. 10/18/93 48 THE CITY COUNCIL OF THE CITP OF EDIW ORDAINS: Section 1. Subd. 8 of Subsection 900.07 of the City Code is follows : "Subd. 8. Hours of Sale. The hours and days of sale in M.S. centers holding amended to read as shall be as set forth 3404.504. Except, however, restaurants, hotels, and bavling holding a license under Part E or Part F of this Section, or clubs a Sunday Sale License under Part C of this Section, may sell intoxicating liquor or wine-in conjunction vith'the sale of food between the hours of 1O:OO A.M. on Sundays and 1:00 A.M. on Xondays, provided that the licensee is in conformance with the Minnesota Clean Air Act." Section 2. 900.26 to read as follows: Section 900 of the Ciw Code is amended by providing a new Subsection "900.26. Automatic Termination. The provisions contained in Subd. 8 of Subsection 900.07 shall terminate automatically at 12:OlA.H. on October 27, 1994." Section 3. publication. ATTEST : This ordinance shall be in full force and effect upon passage and WA, '3 c Mayor -?I?&%, &uL- City Clerk Motion for adoption of the ordinance was seconded by Member Rice. Rollcall : Ayes: Kelly, Paulus, Rice Nays: Smith, Richards Ordinance adoptea. PETITION PRESEZJTED CONCERNING USE OF SINGLE FAMILY DWETJJXGS stated that a request has been made to present a petition to the Council concerning single family neighborhoods. Mayor Richards Presentation of Petition Gregory Carlin, 6901 Hillcrest Lane, said he would formally present the petition. He explained that residents thought that the issue of what is and is not allowed in R-1 single family neighborhoods was adequately addressed during the codification process and rewrite of the City Zoning Code a number of months ago. The individuals who have signed the petition or are appearing in person are requesting the City Council to reopen that issue. As background and strictly for illustrative purposes, Mr. Carlin elaborated that a charitable business applied for and received preliminary zoning approval from City staff to operate a sorority student housing in a single-family neighborhood. This foundation's advisors, using an argument based on a narrow reading of the City Code, have convinced City staff that the activities are allowable under this very selective interpretation of City Code. wishes to house ten students, who will be supervised by two, part-time house mothers. A cook and housekeeper would live elsewhere but work at the house on a daily basis. sorority. clear violation of the code. R-1 zoning can be handled best in an administrative way. It appears that the foundation In addition, there may be one or two tutors working at the This precedent setting use of an Edina single family dwelling is a However, this specific challenge to single family Mr. Carlin said that even though this case is not at issue tonight, it does illustrate the fact that the current code is subject to interpretational errors, due to its lack of clarity in certain sections. between the objective section and later portions of the code. Terms that should be properly defined, for example single family, are left to interpretation by organizations that have a particular "axe to grind". Internal inconsistencies exist This matter needs focused 10/15/93 49 attention by the City Council and immediate action is strongly urged. Mr. Carlin then presented the petition reading as follows: "Edina has a rich and proud tradition of providing residential areas where family values, youth values and quiet seclusion for its residents are carefully protected. For decades, families have enjoyed Edina's residential neighborhoods with an understanding of their responsibilities and obligations to the community and to their neighbors. In many areas, the permitted uses of single-family homes were secured in restrictive covenants among the neighboring residents. With time, most if not all of the neighborhood covenants in Edina have lapsed, leaving the zoning code the only remaining framework to regulate residential land use. According to Edina City Hall personnel, Edina Zoning laws, specifically those defining R-1 residential areas, do not define the term "single-family" or clearly outline acceptable uses of private, one-family homes in Edina. As a result, it is permitted under current zoning ordinances, for various residential programs to purchase single-family homes in Edina. Taken individually, the merit and contribution a residential program makes to society and to enriching the culture and character of Edina cannot be disputed. We appreciate the availability of programs such as shelters for battered women, treatment programs for the chemically addicted, group homes for the mentally disabled, and hospices for the elderly or terminally ill. believe it is prudent for Edina's Zoning Codes to restrict the location, proximity and obligations of residential programs. However, we also Therefore, we the undersigned residents of Edina call upon our Mayor and City Council to protect and preserve the nature and intent of our R-1 neighborhoods. We ask for four actions: 1) That you conduct a full review of the meaning and spirit of our present R-1 zoning and consider necessary changes to protect the character of our single family neighborhoods; 2) That you conduct public hearings to solicit citizen input on the appropriate uses and definitions of single-family residential areas in Edina; 3) That you revise the City Code, as necessary, to more clearly define appropriate uses of R-1, single-family homes in Edina; 4) That you instruct City Staff to approve only traditionally accepted single-family uses in R-1 zones, as defined by the United States Supreme Court, until the review of the City Code is completed." Mr. Carlin cited a 1974 U.S. Supreme Court case, VillaPe of Belle Terre vs Borras. 'family'. Supreme Court said that the Village has the constitutional right to protect family values and to keep neighborhoods designed for families utilized by families. In conclusion, Mr. Carlin said that in approximately one week's time they have gathered over 550 different signatures. He then presented the signed petition sheets to the Clerk together with a map on which were marked the residences of all petition signers illustrating that this is a City-wide issue. In this case, the Village of Belle Terre's code defined the term Six students attempted to buy and occupy a home in the area. The Mayor Richards noted that correspondence has been received on the subject from Noah Hurley, 6322 Timber Trail, dated October 13, 1993, and from John Lonsbury, 6716 Southdale Road, dated October 18, 1993. Member Paulus asked counsel if neighborhood covenants are upheld by courts of law and how State Statute defines uses in single family neighborhoods and/or group 50 10/18/93 homes. period of 35 years. City's authority to zone certain licensed residential care facilities. Statute Chapter 426 states that a city must permit a certain number of that type of facility in a residential area. 'family' or 'family values'. City Attorney Gilligan responded that such covenants are legal for a In the zoning code, there is a provision that limits a Minnesota State Statute does not define the terms Mayor Richards then asked for public comment focused on the subject of the petition - land use and residential zoning. Public Comment Paul Green, 6945 Southdale Road, stated he sees the question as should groups of ten or more unrelated people be allowed to live together in a residential area. Mark Grovack, 5024 Yvonne Terrace, said his concern is what is permissible in single family neighborhoods. He asked the Council to look at what the community does or does not want to be allowed in residential neighborhoods. Wayne Lindholm, 5024 Valley View Road, said he was concerned about what he felt was a business with employees being allowed in the R-1 neighborhood. Howard Bergman, 5325 Benton Avenue, encouraged the Council to define the term 'family' and to consider how R-1 residences should be used. Walt Posingies, 6621 Southdale Road, stated that Edina residents are concerned about maintaining the quality of their community, i.e. wonderful residential areas and fine schools. and understood. from high density, noisy and disruptive uses which should be put into an appropriate area of R-2 or higher. again. Maged Daoud, 6617 Paiute Pass, asked members of the Council how they would like to have a residence with the proposed use next to their home. under the current code in a 2,000 or 3,000 square foot house up to 30 homeless people could occupy a house and an owner could realize an income of upwards of $7,00O/month from such a program. an Honorary Board Member of the Edina A Better Chance Program (ABC) he should disqualify himself on this matter. being talked about is not the ABC Program but land use in R-1 zoning and he did not see any conflict of interest.' The people who support this community need to be heard It is the Council's responsibility to protect residential areas He submitted that this may have to be tested I He argued that Mr. Daoud stated that since Mayor Richards is In response, Mayor Richards said the subject Dr. Carmen Gutterman, 6209 St. Johns Avenue, said she was a child psychologist by training, and that the Council would have a difficult time in this day and age in defining 'family', both legally and morally, and the Council should not act on the petition. students would not negatively affect her property or neighborhood. She believed the use of the home at 6617 Southdale Road by ABC John Flaten, 4601 Lakeview Drive, stated that he was the legal advisor for the Edina ABC Program, was a member of Board of Directors and also a member of the Executive Committee of Edina ABC. He said a number of board members were in the audience. the home at 6617 Southdale Road in early September. . the applicable R-1 Single Dwelling Unit District zoning for the proposed use as confirmed by letter dated October 7, 1993, from City Planner Larsen to Candace Stimson of his office. Given the fact that Edina ABC has moved forward on its legal obligations based on this reading of the ordinance which now has come into question, it would seem that, at a minimum, whatever the City Council might decide to do must be done perspectively. ABC Foundation has a valuable property Mr. Flaten said Edina ABC entered into a binding agreement to purchase This was done on reliance of I 51 right at risk and the future of the ABC Program in Edina is also at risk in the context of this particular home purchase. usage at 6304 France Avenue has been in place for almost 24 years and during that time ABC has been occupying it as a single family residence although located in a R-2 District. The purchase of the Southdale Road home is simply a continuation of a program that has served the Edina community exceedingly well. cited a 1981 Minnesota Supreme Court case Costley vs. Caromin House, Inc. and explained its relevance to the--single family usage by the ABC students. he had not seen the petition, Mr. Flaten expressed concern that misleading statements were made by those circulating the petition as to what would be permissible in a R-1 neighborhood. relative to the numbers of people who had signed the petition without investigating some of the underlying presentation that was made. He elaborated that the existing house Mr. Flaten Although I He urged Council to not take any action Cindy Daoud, 6617 Paiute Pass, asked why ABC is exempt from being classified as a group home and where Mr. Flaten acquired information that ABC was not mentioned by those seeking signatures on the petition. Gardner Gay, 6020 14th Avenue South, Minneapolis, told Council that he was a 1980 Edina High School graduate and President of ABC. support from the School Board, School Administration, City Council and others has been significant for the Edina ABC and that the vast majority of residents in Edina €eel that the ABC Program does enrich the community and their neighborhood. It is clear that the community at large wants expansion for the ABC Program and ABC looks forward to being good neighbors to the residents on Southdale Road. He said that for 24 years the Dr. Elizabeth Blake, 6701 Southdale Road, said she has been a resident of Edina for 27 years and asked the Council to look at the important issue of R-1 zoning. As a physician who specializes in dealing with patients with disabilities, she has wanted to be able to take a home and make it into a facility where people with disabilities can live. Roger Schelper, 4504 Bruce Avenue, told Council that over the years they have had any number of people living with them for various reasons who are not related but were considered 'family members'. If the zoning ordinance is written real tight then every time a resident wants to have a friend, a foster child or other unrelated person live with them you will be dealing with this issue again and again. He said that a 'family' does not necessarily have to have a mother or father or blood kin. This would have implications on foster homes, long term resident guests and many other situations which should be carefully considered. Mr. Schelper concluded that once freedoms are given up they are never recovered. Scott Housch, 4109 Kipling, said that as a past board member and supporter of the ABC Program, he was asking Council to not act on the petition brought before the Council tonight. He said the ABC Program has enriched the lives of the students who have come through the program as well as the hundreds of volunteers and financial supporters. Michael DeMoss, 4521 Gilford Drive, spoke to his letter addressed to the Council dated October 18, 1993, concerning the purchase of the single family residence at 6617 Southdale Drive by the ABC Foundation for boarding approximately 10 students. He asked the Council to consider the following: 1. The warranty deed contains restrictive covenants that preclude the use of this particular residence by ABC and property owners in the area purchased their homes in reliance on the covenants. 2. The R-1 Single Family zoning does not allow such a use and therefore ABC should be denied the right to board students in this or any other single family residence in Edina. in Edina expect that the zoning codes will be enforced and that they can Current home owners and people who intend to purchase a home 10/18/93 52 reasonably expect what will constitute their neighborhood. Mr. DeMoss also cited Belle Terre vs. Boraas in which the U.S. Supreme Court defined family to mean only persons related by blood, marriage or adoption, unless the occupants numbered two or less. restricting land use to single family dwelling was upheld. proposed use of the house at 6617 Southdale Drive would not constitute a 'single family'. and the Council should not permit a surreptitious violation pf the zoning ordinances by a group that is operating a group home, under a different name. The objection is not to this particular organization, but to an improper use of property in the City that is inconsistent with zoning ordinances and restrictive covenants. In this case, the zoning ordinance He argued that the The community has designated the subject property for single family use Betsy Flaten, 4601 Lakeview Drive, commented that: 1) if the City is to honor the investment of people who purchased under restrictive covenants, it would prohibit Jewish people and people of color from living in the Edina Community; and 2) in regard to defining a traditional family, according to a Search Institute survey of Edina students completed this fall, Edina is the highest community in the nation with two working parents and with resultant lesser parent time spent with children. Murray Laub, 6613 Cornelia Drive, commented that to narrowly define 'family' as alluded to in court cases, we would have to check marriage licenses in order for people to purchase single family homes. A 'family' today is comprised of various different elements. Although there may be no legal authority, they are still a 'family', i.e. they take care of each other. The world has changed and we must adapt to change. opportunity to come in as a 'family'. Mr. Laub concluded that these students should be given the Sharon Ming, 4110 Sunnyside Road, said she was a commissioner on the Edina Human Relations Commission, a parent on the council at Highlands Elementary School, and host parent for the ABC program. She spoke about opportunity and said she was fortunate to grow up in a family that believed in a good education and a family that wanted to raise their children in a solid community that was a lot like Edina. want to exclude people who are different or because they don't agree with everything they do or how they live their lives and therefore prejudge whether they are going to be good citizens. Mrs. Ming said that this conversation causes fear in her heart that some John Nelson, 6624 Southdale Road, stated that ABC is perhaps the best group that could go into the subject home, but cautioned that the Council has to look at the R-1 zoning on the long term basis and consider what other types of uses could go into R-1 single family dwellings. John Gordon, 4505 Browndale Avenue, said he expected the comments to be more subtle. muddied by reference to restrictive covenants which he believed to be one of the darker comers of Edina's history. alluded to elements that they believe will affect property values. He suggested that it is very difficult to consider the abstract concept of R-1 zoning in the context in which it has been presented. Council does on this issue in this context will be a reflection on all in the community. for 4/5 years, and has been a host family to some of the most inspiring young women. persons like that would be a severe detriment to Edina. Although there is an attempt to focus on R-1 zoning, the issue is Also, those supporting the petition have Mr. Gordon cautioned that what the I He revealed that his family has been involved with the ABC Program To do anything that would deprive the Edina community of access to Paul Gutterman, 6209 St. Johns Avenue, emphasized that the R-1 zoning issue 10/18/93 53 should be addressed as an totally separate issue and not in the context of the purchase of the home at 6617 Southdale Drive by the ABC Foundation. Phil Kaufman, 4701 Sunnyside Road, said he was a student at Edina High School and regarding R-1 zoning the issue of property values has been mentioned. He pointed out that the ABC Program directly enriches the schools and the schools in Edina are probably one of the greatest factors regarding property values. Jeff Neven, 5114 Arden Ave, suggested that for R-1 zoning purposes 'home' be defined as a place to house and care for children, and possibly parents, (not a business) educate them and send them out into the world. He asked that as a life-long resident of Edina, using a house in Edina for this particular purpose makes him proud to be an Edinian. this proposed use. He encouraged the Council to consider allowing Geoffrey McCray, 5908 Arbor Avenue, told Council he had been part of the ABC Program as a resident director, his wife was an ABC student and he is currently a member of the Human Relations Commission. From a zoning standpoint, he suggested that the history of the Edina ABC Program for the past 24 years should prove that the use is appropriate in an R-1 neighborhood. Dr. Gretchen VanNatta, 5512 Highwood Drive, stated she had no association with ABC but has hosted seven foreign exchange students in her home that have enriched both the community and the school. If 'family' is defined as blood relatives, she would be restricted in any future hosting of exchange students. Elizabeth Nelson, 6304 France Avenue South, identified herself as one of the resident directors of ABC and also a counselor at the Salvation Army Booth Brown House (an adolescent shelter) in St. Paul. She said she believed that part of the R-1 zoning issue was whether the ABC students and resident.directors fit the definition of 'family'. resented being called "hired help" because she did not view that as her role. She stated they are a family because they build relationships based on care, love, teaching, discipline, communication and accountability just like any healthy family. Ms. Nelson said she felt that they do and that she She asked the Council to allow this to continue. David William Hutton, 6316 Halifax Avenue South, said he was an Edina High School student who rides the bus that picks up the ABC students. and knows, they are as much a family as any other family unit that can be described. far as the zoning is designed to protect property values, there is no way the ABC house has negatively affected the property values in his neighborhood. From what he has seen He observed that society has changed the definition of family. As Mayor Richards then called upon Greg Carlin for wrap-up of the public comments on the petition. Mr. Carlin commended the Mayor for making residents comfortable in expressing their viewpoints however varied they might be. He reiterated that the petitioners do view the R-1 zoning as a separate issue from the ABC house purchase. He said it is their belief that under the code this type of use is not allowed. staff review of this specific case as it relates to the codes currently in place. In conclusion, he asked the Council to consider at this meeting the four actions as listed in the petition. As mentioned previously, he said they will be requesting a full City Council Comment/Action Mayor Richards commented that the Council is not a court, judge or jury and does not make legal decisions, but does what it feels is best as elected officials representing the entire community. He said the Council through its Mission Statement has placed great importance on the single family housing stock in Edina. He observed that the Council Members have not had the chance to read the 54 10/18/93 petition and form an opinion. Mayor Richards then suggested the following: 1) to direct staff to review the decision to date as to existing applicable rules, regulations and ordinances, and to submit a report to the Council, 2) to ask City Counsel to advise the Council on what it can'or cannot do retroactively, 3) that Council take the matter under advisement so as to reflect upon notes taken, testimony and materials presented, and 4) to continue a decision on the issue of reviewing the zoning code to a later date. Member Smith made a motion as follovs: 1) to direct staff to review the staff opinion on the R-1 zoning use proposed by the bBC Program, 2) to direct legal counsel to advise Council on what can or cannot be done relative to the four actions requested in the petition, 3) that Council take the matter under advisement, and 4) to continue the matter to November 15, 1993. Motion was seconded by Member Kelly. Member Rice asked that staff research City history relative to the any definition of family and also that the City Attorney comment on the definition of family from the U.S. Supreme Court case of Belle Terre vs. Boraas. Member Rice noted that he would not be present at the November 15, 1993, meeting. Member Paulus encouraged any residents who have concerns about the type of businesses that can or cannot operate in a single family home to direct such concerns to the Planning Department. begin healing itself from any further division. America is based on pluralism and although we might have a difference of opinion, she said she hoped that no person would feel unwelcome in Edina. She emphasized that the community needs to Mayor Richards then call for vote on the motion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR ROAD SALT Motion vas made by Member Smith and vas seconded by Member Rice for award of bid for road salt to North American Salt at $25.66/ton per State Contract H7525. Motion carried on rollcall vote - five ayes. -IC SAFETY STAFF REPORT APPROVED seconded by Member Rice to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of October 6, 1993: Motion vas made by Member Smith and vas Installation of the wInternationalEillw sign in the 4200 block of Grimes Avenue ; Installation of a "Winding Road" sign with a 25 HPH advisory panel northbound on Gleason Road in the 7700 block; Installation of crossing signs and down arrows in accordance with the Edina Crosswalk Policy for crosswalk at West 70th Street at Tracy Avenue: Installation of painted crosswalks and crossing signs and down arrows on Dewey Hill Road at Shannon Drive; Installation of a "No Outlet" sign on Skyline Drive at Interlachen Boulevard; Adoption of the policy as stated relating to special warning signs related to disabilities. requestors to select appropriate signage; Traffic Safety Coordinator to vork with each of the to aclmowledge Section B and C of the report as presented. Motion carried on rollcall vote - five ayes. REOUEST GRAKCED S"DY OF HIGH-SPEED BUS TRANSIT Manager Rosland reported that he had attended a meeting at the City of Richfield recently regarding the high-speed bus project. $40,000.00 for a first phase study on the bus service. The City of Richfield and Dakota County have committed Other cities are now 10/18/93 being asked to participate in funding a more in-depth study regarding the operation, routes, service planning and whether it will be self-sustaining. The study would be the basis to apply for funding. Manager Rosland explained that this is new busing technology that allows buses to move quickly through a highway system and HOV lanes. Proponents believe this is a strong alternative to compliment LRT and to get quicker action for movement of people. and less expensive. The plan actually parallels how a LRT system works, but is more flexible Bloomington, Richfield and Dakota County have presently committed to the funding of $7,500.00 and the Minnesota Valley Transit Authority has committed $25,000.00. Manager Rosland noted the presence of Jill Schoots, JMS Communications and Research, who has worked on the project with Richfield and Dakota County. After a brief discussion, Council consensus was to approve the expenditure of $7,500.00, and to submit a letter in support. Member Smith made a motion authorizing expenditure of $7,500.00 to fund a study of high-speed bus transit with other participating agencies. by Member Paulus. Ayes: Kelly, Paulus, Rice, Smith Nays: Richards Motion adopted. Motion was seconded AMM RECOMMENDED POLICIES DISCUSSED Manager Rosland noted that the AMM has asked member cities to review their proposed 1994 Legislative Policy Program developed by the AMM's five standing committees. top five priorities by policy number for presentation at the membership meeting on November 4, 1993. Member cities are requested to list their After review, staff would recommend the following summarizations as top concerns for Edina: SECTION I - MUNICIPAL REVENUE AND TAXATION I-B Mandated State and Federal Programs - When new programs or increases to existing programs are mandated, the Legislature should provide substantial state funding assistance. A-E Mandatory Land Use Standards - Cities should retain the authority to regulate the location, size, amount and type of housing within their boundaries. VI-A Taxation Hearing and Notification Law - League supports a property tax hearing and notification process. State government should set an example and be required to follow similar requirements for public hearings and notification processes on tax and budget issues. VI-F Minnesota Public Employment Labor Relations Act (PELRA) A. League supports legislation which modifies existing interest arbitration process to require arbitrators to give primary consideration to internal equity comparisons and the impact any arbitration award might have on personnel compensation systems of the City. essential employees. B. of employees covered by PELRA to people employed for more than 100 working days in calendar year. A-1 Restructuring of Metropolitan Agencies - AMM recommends following SECTION I11 - HOUSING, ECONOMIC DEVELOPMENT AND LAND USE SECTION VI - ENDORSEMENT POLICIES League opposes considering any additional employee groups as League recommends that legislature reinstate previous definition SECTION VI1 - METROPOLITAN GOVERNANCE REORGANIZATION 3 '3 56 10/18/93 statutory changes: Remove Metropolitan Sports Facilities Commission as a metropolitan agency. becomes a true metropolitan agency or a state directed agency. Metropolitan Council authority to reorganize transportation/transit structure and operation in region. Grant metropolitan Council authority to approve capital and operating budgets of metropolitan agencies. Modify status of M.A.C. so that it either Grant Manager Rosland pointed out that staff believes the City does not buy into the following policy and would recommend to the AMM that this policy be dropped: V-J City Speed Limits - AMM supports speed limit control of city roads/streets and opposes changes to grant general speed limit control to individual cities. SECTION V - TRANSPORTATION Following brief discussion, it was the consensus of the Council to support the policies as recommended by staff with the following exceptions: 1) Council takes no position on policy A-1 Restructing of Metropolitan Agencies, 2) Council does not support policy V-J City Speed Limits. PARK BOARD RECOMMENDATION ON WESEXY HEHORIAL CONTI1QUED TO lOvEpLBER 1. 1993 Mayor Richards reminded Council that on October 4, 1992, action was delayed on the Park Board recommendation on the Philip Wesely Memorial Park at the request of Lewis Wesely because of some mis-communication. Staff was directed to supply Council with background information on the recommendation for action on November 1, 1993. MUTUAL RELEASE AND COOPERATIVE A- APPROVED BETWEEN CITY OF EDIW AND EDEN PRLllRIE REGARDING WASHINGTON Av'ENUE years Washington Avenue (located west of Highway 169), has had services provided by both Edina and Eden Prairie. In past agreements, it had been mutually agreed 'that at some juncture all general operations and maintenance activities would be the function of the City of Eden Prairie. Engineer Hoffman explained that over the Currently, Eden Prairie operates and maintains the street, storm sewer and traffic signal on Washington Avenue. would be in effect for ten years would add the water and sanitary sewer system. Eden Prairie wishes to operate the water system because it completes a watermain loop and would eliminate dead-end mains. direction which is important in disruption due to breaks and would maintain equalized pressure in the system. The proposed cooperative agreement which This would allow flow in either Engineer Hoffman said that Edina would want to have the sanitary sewer system operated by Eden Prairie as it would allow sewage to go to a different treatment area. Edina currently has a capacity concern with the City's sewer exiting into Richfield. Metropolitan Waste Control Commission to obtain additional sewer flow authorization. gallons per day which today flows through the Richfield exit sewer. the flow to the Eden Prairie system, Edina would free up this amount of sewer capacity for Edina's use in the Centennial Lakes area. During Centennial Lakes development, Edina had to work with the The Washington Avenue area discharges an average of 140,000 By changing Staff would recommend that the mutual release and the cooperative agreement be approved for execution, both documents to take effect on November 1, 1993. Member Rice moved adoption of the folloving resolution: RESOLUTION AU"JI0RIZRPG EXECUTION OF MUTUAL aELEBSE STREET, AND TRAFFIC SIGHBLS VITB CITY OF EDEN PRAIRIE AND COOPERATIVE A- FOR WAm, SANI!l!ARY AND STORM SEFJEB. WFEEUlS, the City Council of Ed-, Minnesota, has reviewed the Mutual Release 10/18/93 57 document between the City of Edina and the City of Eden Prairie regarding certain public improvements in the Washington Avenue service area; and WHEREAS, the Edina City Council has also reviewed the Cooperative Agreement Relating to Water, Sanitary and Storm Sewer, Street, and Traffic Signals between the City of Edina and the City of Eden Prairie regarding the same Washington Avenue service area: BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby approves the Mutual Release and Cooperative Agreement for Water, Sanitary and Storm Sewer, Street, and Traffic Signals between the City of Edina and the City of Eden Prairie ; BE IT F"Rm BESOLVED that the Mayor and Manager are hereby authorized and directed to execute the named documents on behalf of the City of Edina. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. I UPDATE ON 1-494 EIS AND PROJECT STATUS GIVEN Council had expressed a concern about what is happening on the 1-494 Environmental Impact Statement (EIS) and the general status of the project. He reported that on Wednesday, October 13, 1993, a meeting was held to discuss and review the latest issues on 1-494. Engineer Hoffman recalled that the The Mn/DOT staff and consultant (BRW) have been revising the project layouts to reflect preservation of median space on the freeway for future use of transit. No determination as to type of transit has been specified. about from review with state officials other than the 1-494 Project Management Team. layouts so that'right-of-way purchase implications will be known in the near future. difficult review process if the impacts of 1-494 are not clearly defined. Also, the final EIS document is still being worked on as a result of rule changes and other regulatory review. This change came Staff from all the cities have requested that Mn/DOT complete staff City staffs who are reviewing projects adjacent to 1-494 have a I Engineer Hoffman explained that Mn/DOT staff brought a funding issue to the table regarding completion of the EIS. have sufficient funds available for completion of the EIS. staff from all cities felt that Mn/DOT has an obligation to fund and finish the EIS. discuss this issue if a decision is made to slow down the project. Engineer Hoffman informed Council that he would keep them appraised of the outcome of a meeting with Mn/DOT staff to be held next Wednesday. They expressed a concern that Mn/DOT may not At that meeting, Staff would recommend that the Council meet with the Mn/DOT Commissioner to No action was taken. *HEARING DATE OF NOVEMBER 15. 1993. SET TO LEW SPECIAL ASSESSMENT FOR HIEWESOTA DRIVE IMPROVEMENT Rice setting November 15, 1993, as hearing date to levy special assessment for Minnesota Drive Improvement. Motion was made by Member Smith and was seconded by Member Motion carried on rollcall vote - five ayes. *FEASIBILITY REPORT PRESENTED: PlJB?XC IMPROVEMENTS ORDERED FOR SOUTH EDINA DEVELOPMENT ADDITION. PARCEL A. UPON 100% PETITION Motion was made by Member Smith and was seconded by Member Rice for adoption of the following resolution: RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT NO. SS-384, STORM SEWER IMPROVEMENT NO. STS-225 AND WATERMAIN IMPROVEMENT NO. WM-373 UPON 100% PETITION THEREFOR BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. requesting the Council to construct sanitary sewer, storm sewer and watermain improvements on Parcel A, South Edina Development Addition (Centennial Lakes), It is hereby found and determined that a 100% petition has been filed and to assess the entire cost against Developer now owns all property which 2. The making of said improvement in 58 10/18/93 the property of petitioners, and that the abut and be assessed for the improvements. accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3); (Session Laws of 1961, Chapter 525, Section 2). Said improvement is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEvEa IMPROVEKEWI! NO. The entire cost of said impravements is hereby ordered to be assessed against the property where said improvements are to be located. SS-384, STORH SEFTEB IHPROVEHERl! NO. STS-225 AND WAW IMPROVEHEH!C NO. UH-373. Motion carried on rollcall vote --five ayes. *EAST ED= HOUSING FOUNDATION 1992 FmCIAL STATEMEXCS AUDIT ACKHOKLEDGEI) Motion was made by Member Smith and vas seconded by Member Rice to achowledge receipt of the 1992 East Edina Housing Foundation audited financial statements. Motion carried on rollcall vote - five ayes. COUNCIL TO HOLD CLOSED MEETING COPJCJ3RRING LITIGATION By consensus, the Council scheduled a closed special meeting on Friday, October 22, 1993, at 4:30 P.M. to discuss the litigation against the City and the elected and appointed officials of the City brought by Music Cafes, Inc. d/b/a Arnold's Hot Roxx Music Cafe. The Clerk was ordered to post notice of the meeting as required by State Statute. AIM LEGISLATIVE POLICY ADOPTION ZIEETING SCHEDULED FOR 11/04/93 Manager Rosland reminded the Council Members of the AMM Legislative Policy Adoption Meeting scheduled for November 4, 1993, at 7:30 P.M. and asked that members planning to attend make reservation by calling his office. *CIAIHS PAID Motion was made by Member Smith and was seconded by Member Rice to approve payment of the following claims as shm In detail on the Check Register dated October 18, 1993, and consisting of 26 pages: General Fund $239,558.68; C.D.B.G. $6,648.00; Connmmication $328.32; Working Capital $45,051.99: Art Center $4.125.37; Swimming Pool $1,959.09; Golf Course $120,180.18; Ice Arena $8,951.53; Gun Range $396.58; Edinborough/Centennial Lakes $13,038.17; Utility Fund $111,058.49; Storm Sewer $944.11; Recycling $38,015.69; Liquor Fund $47,047.65; Construction Fund $556.40; TOW $637,860.25; and for confirmation of payment of the following claims as shown in detail on the Check Register dated October 7, 1993 and ccmsisting of 17 pages; General Fund $102,943.79; C.D.B.G. $2,980.00; Golf Course $3,900.00; Liquor Fund $285,038.15; TOTAL 394,861.94. Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 10:25 P.M.