HomeMy WebLinkAbout19950103_regularLIIEJ[TTES
OF THE BEGULAR HEETIIi7G OF TBE
EDR?A CITY COUNCIL HELD AT CITY HAIL
JANUARY 3, 1995
R0I;LCBLL Answering rollcall were Members Maetzold, Paulus, Smith, and Mayor
Richards.
OATHS OF OF'FICE TAKEN
City Clerk Daehn to Glenn L. Smith and Dennis F. Maetzold, who both had been
elected for four year terms to January 1, 1999.
The oath of office for Council: Member was administered by
APP0I"T OF MAYOR PRO-TEM Mayor Richards made a motion to appoint Member
Kelly as Mayor Pro-Tem. Motion was seconded by Member Paulus.
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
COUNCIL CONS= AGENDA ITEMS APPROVED
seconded by Member Paulus to approve and adopt the Council Consent Agenda items
as presented.
Rollcall :
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
Motion was made by Member Smith and vas
*lIlXWlXS OF SPECIAL COolo%IL MEXTING OF NOVEMBER 29. 1994. APPROVED Motion vas
made by Member Smith and was seconded by Member Paulus to approve the Minutes of
the Special Council Meeting of November 29, 1994.
Motion carried on rollcall vote - four ayes.
PARTIAL RELEASE OF CONSERVATION RESTRICTION RECONSIDERED AND APPROVED FOR
LOT 4. BLOCK 1. HARK DALOMST ADDITION
Presentation bv Planner
Planner Larsen reminded Council that at its meeting of November 21, 1994, the
Council took action to reconsider the request for partial release of the 100 foot
conservation restriction on Lot 4, Block 1, Mark Dalquist Addition. The proposed
release area is unchanged from the proposal considered by the Council on November
. 7, 1994. He presented Findings, Decision and Reasons that would support granting
the requested release, noting that the Findings have been updated to reference
the subsequent meetings since initially presented on November 7, 1994; all other
information therein remains essentially as presented on that date.
Presentation bv Prouonent
Ron Clark, Ron Clark Construction, Inc., presented a graphic depicting the whole
of the Mark Dalquist Addition.
subject Lot 4 is 33,501 square feet and pointed out the buildable area of the lot
remaining after the dedicated 100 foot conservation restriction from the pond.
The conservation easement totals 21,500 square feet or 64 percent of the lot.
Mr. Clark explained that he is requesting the release of 690 square feet which
represents 3.2 percent of the conservation area. He elaborated that the first 25
feet of the conservation restriction is a natural condition easement and the next
75 feet is the scenic easement. That would remain untouched except for two bays,
i.e. living room bay (10 foot projection) and minimal projection for dinette bay,
and an ongrade patio and d&ks. Mr. Clark stated that these elements would not
adversely affect the purpose of the conservation easement. He added that none of
the other existing homes around the pond have been subjected to the 100 foot
conservation requirement and is twice what the Department of Natural Resources
requires which is a 50 foot easement. The roofed area of the house that would
project into the conservation restriction is 185 square feet or less than one
percent of the 21,500 square feet total conservation easement.
-
-J
He reminded Council that the total area for
172 1/3/95
Public Comment
Ed Glickman, 5217 Schaefer Road, stated he was opposed to the proposal, With
reference to the DNR requirement of 50 feet, he quoted Zoning Ordinance 850.03,
Subd.2, "Where this Section imposes greater restrictions than any other
applicable statute, ordinance, rule or regulation, this Section shall control
...I*.
certain requirements.
hold over the DNR requirements.
I The stated written purpose of the City of Edina is to expand and hold
The 100 foot requirement is specifically stated to take
For the record, Mr. Glickman said this hearing was defective procedurally - there
was no notice of Mr. Smith's motion for reconsideration on November 21, 1994, and
no opportunity to respond to that.
may be defective because motions to reconsider exist only if they are
specifically in the City's bylaws.
Also, procedurally the motion to reconsider
Mr. Glickman commented that this is the 15th time the neighbors have appeared
regarding this subdivision, i.e. seven times before the Planning Commission when
Mr. Clark called it a request for a variance. It was denied seven times, two
times by unanimous vote and one time by a 5-0 vote on the Planning Commission
when the Commission stated there should be three lots instead of the four lots.
They have been here four times before when Mr. Clark was asking for vacation of
the conservation easement and now Mr. Clark is asking for a partial release of
the conservation easement.
matter to rest one way or the other.
Mr. Glickman said the time has come to put this
Mr. Glickman then reiterated his arguments in opposition as stated in his letter
of December 30, 1994, and which is on file in the City's records.
Mr. Glickman concluded that the proposal must fail because it is flawed,
inequitable, contrary to City policy and ordinances, open ended and without
qualification or restrictions to provide guidance in future situations.
John MacNeil, 5017 Schaefer Road, said the draft Findings, Decision and Reasons
omitted an important element that occurred at the November 7, 1994, meeting, i.e.
the presentation made by Commissioner Helen McClelland.
Member Maetzold and Mayor Richards, who was absent, review the thoughts of that
presentation.
back repeatedly, he encouraged the Council to take a firm stand and to follow
its existing rules and regulations as they have been applied to other residents.
Mr. MacNeil said he.saw the proposal as greed and the rape of nature and asked
that the release not be granted.
He recommended that new
While he admitted that it is this country's way to be able to come
Patrick Mantyh, 6413 Interlachen Boulevard, said he was opposed to granting the
release of the conservation restriction. After coming to meetings for four years
on the subject property, and after denial of variances to himself and his
neighbors, he felt there was a good side - the City is enforcing the laws in a
fair and equitable manner.
how they were going to get around City ordinances in the development of this
property by building one home first, putting a road in within the 100 foot
setback and then dividing the remaining land into the maximum number of lots they
could.
only two houses could be put on the property because of its configuration.
Subsequently, the first home was built and four lots were finally approved.
Throughout the entire process'Mr. Clark misconstrued the situation by saying he
would have no problem building on the four lots. Mr. Mantyh said he had learned
that Mr. Clark met a Council Member at a party who enco&aged.him to come before
the Council again and they would look at granting a variance.
different set of rules cannot be used for residents who have been denied a
variance than for a seasoned developer because a 5,000 sq. ft. home could be
built on the property.
Mr. Mantyh said three years ago Mr. Dalquist told him
In speaking with the City's Planner at that time, it was indicated that
He argued that a
No court of law would say that this is fair and
1/3/95 173
equitable. The bottom line is if
Council can apply these standards
only wants to increase his profit
variances.
this variance is granted there is no way the
in future cases. Mr. Mantyh said Mr. Clark
and that is not a reason for granting
Nan Faust stated that she was member of the Planning Commission, that
Mr. Clark is a well-respected quality builder in the community and she had no
vested interested in the matter before the Council. As background, Ms. Faust
said the majority of the Planning Commission members initially wanted the
development to have three lots. Mr. Clark continued appearing before the
Commission and the Commission finally approved four lots.
Commissioners questioned Mr. Clark if he could build on the lots and his response
was that any competent architect could figure out a way to build houses without
going into the conservation easement. She said she was stunned to learn that two
months later Mr. Clark was asking to build in the easement.
whether the Council was paying attention to the Planning Commission.
said it is not fair when individual homeowners do not receive variances in order
to add on to an existing home when compared with a request for a variance from a
developer of raw land who should better be able to work it out. She concluded
that it is unconscionable to keep the neighbors coming back time and again for
these hearings and hoped it would not continue.
At that meeting the
She questioned
Ms. Faust
Peggy Carlisle, 5013 Ridge Road, reiterated the neighbors' position to maintain
the conservation easement as originally imposed.
Mr. MacNeil interjected that he was concerned that the pond is overflowing, that
the pond on the McGlynn property was filled in by Mr. Clark and that trees are
dying around the edge of the pond since the City did some trenching work in the
area.
Council Comment/Action
Mayor Richards commented that the norm was the 50 foot setback requirement for
many years.
of the City in imposing on this particular property onerous and unreasonable
regulations that should not be enforced.
undue what was done.
to recognize that private property should be allowed to be developed in a
reasonable fashion.
unreasonable and therefore should be eliminated.
support a motion to allow, on a case by case analysis, this particular
encroachment of percentage and square footage on a precise footprint as set forth
and presented, consistent with what he felt was the Council's position subsequent
to final plat approval.
Simply put, a mistake was made on the part of Mr. Clark and the part
The City should acknowledge that and
The norm is not for government to set the agenda but rather
The imposition of a 100 foot restriction here is
Mayor Richards said he would
Member Paulus stated that she felt the standards should be applied equally for
either a developer or an individual resident. The 50 foot conservation easement
existed for a period of years and after much deliberation was changed to 100 foot
because of concern over City wetlands and should stand.
Commission is advisory, their recommendation came after many meetings of
discussion and she would support the recommendation.
could not identify a hardship in any of the comments made by staff or the
developer.
hardship as was stated cleirly when the subdivision was approved.
there has not been any change in the circumstances and if approved the release
would set a precedent for future developments. Member Paulus concluded that the
100 foot conservation restriction should remain. She implored the Council and
residents to let all the emotion and individual comments go and to deal with the
strict issue and the legal rights of both the developer and residents. Whatever
the outcome, she asked that healing take place as she has been greatly bothered
Although the Planning
Member Paulus said she
The developer can use and develop the land without unreasonable
She added that
174 1/3/95
by all the anger and division shown during these many hearings.
Member Maetzold commented that, although this is his first Council meeting, he
has given much thought and concern to this issue by reviewing documents and
minutes of meetings, viewing aerial photographs, meeting with interested parties
and City staff, and touring the property.
1) the dwelling to be constructed should be consistent with size and scale of
neighboring homes, and 2) the ecosystem should be protected. With regard to size
and scale, the City has determined that the property should be subdivided into
four parcels. Member Maetzold said that in his opinion the applicant has
designed a dwelling for Lot 4 which is consistent with the size and scale of
neighboring homes. The design, however, does require partial release of the
conservation restriction and is necessary in order to construct a home on the
parcel that would be compatible with adjacent homes.
ecosystem, Member Maetzold said he has found no evidence that the partial release
as requested would be detrimental to the ecosystem and therefore he would vote
for the release if a motion were made.
He said he had two primary concerns:
With regard to the
Member Smith made a motion to grant the partial release of the conservation
restriction for the exact footprint that has been submitted and to adopt the
Findings, Decision and Reasons as presented, attached and made a part of these
minutes.
Motion was seconded by Member Maetzold.
Rollcall :
Ayes: Maetzold, Smith, Richards
Nays: Paulus
Motion carried.
*HE&UBTG DATE SET FOR PIABT"G HA'lTERS
seconded by Member Paulus setting February 6, 1995, as hearing date for following
planning matters:
Hotion was made by Member Smith and was
1) Final Development Plan, 5113, U. 50th Street, CSM Investments. Generally
2)
located vest of Highway 100 and south of Vernon Avenue.
Final Development Plan, Valvoline Rapid Oil Change, 4530 France Avenue
South. Generally located vest of France Avenue and south of Suxmyside
Road.
Motion carried on rollcall vote - four ayes.
*BID AWARDED FOR BITIJKIXOUS DISTRIBUTOR WITH HYDBOSTATIC DRIVE Motion was made
by Member Smith and was seconded by Member Paulus for award of bid for bihrminons
oil distributor with hydrostatic drive to recommended lov bidder, Ruffridge
Johnson, Inc., at $38,078.00.
Motion carried on rollcall vote - four ayes.
RESOLUTIOEI ADOPT33 SEZKING REPECLL OF DIKLER AMEND- Crrs 171.12 SUED. 6)
Engineer Hoffman reminded Council that staff had been directed to develop a
resolution supporting repeal of the Dimler Amendment which exempts a citation
from a driver's record if the speeding offense is less than 10 ME'H above the 55
MPH limit set by Minnesota Statute 169.14.
faster traffic speeds in residential neighborhoods.
that if adopted the resolution should be sent to Edina's the state legislators.
Staff believes this also causes
Mayor Richards suggested
Meniber Xaetzold moved adopt& of the follanlnrg resolution:
VHEBEbS, M.S. 171.12, Subd. 6, the Dimler Amendment, exempts a citation from a
driver's record if the speeding offense is less than 10 LIPH above the 55 MPH
limit set by M.S. 169.14; and
VHEBEbS, although the Dimler drpendment does not apply to local streets, It my
promote an attitude that speeding is condoned on all streets and roaduays "vithin
BEsO~IOl!l BEPEALTI?G DIHLRR -HEEIT
a
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Attachment to Council Minutes of 01/03/95
CITY OF EDINA
In the Matter of the Application
of Ron Clark Construction, Inc.,
to release a portion of a Conservation
Restriction covering a portion of .Lot 4,
FINDINGS,
DECISION,
AND
Block 1, Mark Dalquist Addition REASONS
The above entitled matter was heard before the Edina City Council on June 20,
1994, August 15, 1994, September 7, 1994, November 7, 1994, and January 3,
1995. Mr. Ron Clark, the President of Ron Clark Construction, Inc. ("Proponent")
was present at all hearings. Mr. Tim Keane, attorney representing the Proponent, was
present at the August hearing. Property owners in the vicinity of the request were
also present at all hearings. The City Council having heard and reviewed all of the
facts and arguments presented by the Proponent, his representative, property owners
in the vicinity of the request and having heard and reviewed evidence and law
adduced by the Proponent, his representative, City Staff, and property owners and
being fully advised, after due consideration, hereby makes the following:
8
* FINDINGS OF FACT: I
1. The subject Conservation Restriction was required by the City pursuant
to Section 810.13, Subd. 2. of the City Code, (the "Subdivision
Ordinance"). The Conservation Restriction, dated May 14, 1 993, was
placed of record with the Hennepin County Recorder as document
number 61 6771 3. The Conservation Restriction was acquired by the
City pursuant to the authority contained in Minnesota Statutes, Section
84.64.
2. Section 81 0.1 3, Subd. 2. of the City Code provides as follows:
Subd. 2 Lands Adjoining Lakes, Ponds or Streams. Where any plat or
subdivision adjoins a natural lake, pond, or stream, including streams
which flow only intermittently, a strip of land running along all sides
which are contiguous to such lake, pond or stream, which strip shall
extend from a line 100 feet upland from the lake or pond, as measured
from the ordinary high water mark, and 100 feet from the centerline of
the stream, shall be either (i) dedicated to the City for public use, or (ii)
subjected to a pe[petual easement in favor of the City over and in said
land and the bed and water body of such lake, pond or stream, for the
purpose of protecting the hydraulic efficiency and the natural character
2
c and beauty of such lake, pond or stream. The Commission shall
determine which of these options is more appropriate and shall
recommend to the Council one of said options. In either case there shall
also then be granted to the City the right of ingress and egress from the
said strip of land with workers, equipment, and material. Also, where
the easement is determined to be in the best interest of the City, said
easement shall also provide that the owners of the areas as to which
such easement is granted shall not make, do or place any fill, grading,
improvement or development of any kind on or to such easement area,
or raise the level of the easement area in any way, but all such right to
fill, grade, improve and develop, and to raise the level of the easement
area, shall be granted by said easement to the City.
3. The Conservation Restriction does not allow buildings or other structures
within the area proposed to be released from the Conservation
Restriction without "the express prior written approval" of the City. The
Conservation Restriction provides that it may be released at any time or
from time to time by the sole act of the City.
4. The subject properties have the following dimensions and area, measured
pursuant to Section 850 of the City Code (the "Zoning Ordinance").
3
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Lot 4
Lot Width
195 Feet
Lot Depth
270 Feet
Lot Area
33,501 S.F.
5. The Zoning Ordinance requires a minimum front street setback of 30
feet. The buildable area between the front setback line and the
Conservation Restriction line establishes the buildable depth for a lot. On
Lot 4, the depth varies from approximately 25 feet on the westerly side
to 60 feet on the easterly side of the lot.
6. The proponent, on May 18, 1994, submitted a request to release 50 feet
of the Conservation Restriction affecting Lots 2, 3, 4, and 5, Block 1,
Mark Dalquist Addition. A public hearing date of June 20, 1994, was
set for the City Council to consider the request. Notice of the public
hearing was published in the Edina Sun-Current on June 1, and June 8,
1994. A mailed. notice of the public hearing was sent to property
owners within 500 feet of the property on June 9, 1994. Notice of the
public hearing was posted at the three (3) official City bulletin boards on
June IO, 1994. The Proponent was present at the hearing. Interested
residents were also present at the hearing. The City Council, after
hearing the testimony of the Proponent and residents, voted to deny the
requested release.
4
I
7. The Proponent on .,~ly 3, 1994, su,mitted a new request to release
lesser portions of the Conservation Restriction, this, time affecting only
Lots 4 and 5, Block 1, Mark Dalquist Addition. The proposed release.
would remove the most upland 19 feet of the Conservation Restriction
affecting Lot 4, and the most upland 23 feet of the Conservation
Restriction affecting Lot 5.
8. On August 15, 1994, the City Council conducted a public hearing to
consider the July 13 request to release portions of the Conservation
Restriction. Notice of the hearing was published in the Edina Sun
Current on July 27, 1994, and on August 3, 1994. Notice of the public
hearing was also mailed to all property owners within 500 feet of the
subject property. On July 28, 1994, notice of the public hearing was
also posted at each of the three (3) official City bulletin boards. The
.
Proponent, and his attorney testified, using presentation boards, that the
requested releases were necessary to construct homes that were
consistent with the character and symmetry of the neighborhood.
Several property owners in the vicinity of the subject property testified
in opposition to the .requested releases. The property owners also
submitted documents indicating their intent to challenge City approval of
the requested release in District Court. The Proponent agreed after
questions and comments by the Council, that the requested release was
5
in excess of the area necessary to construct dwellings in keeping with
the character of the neighborhood. The meeting was continued to
September 7, 1994, and staff was ordered to prepare Findings and
Reasons to support a decision to approve a partial release of the
Conservation Restriction.
9. On September 7, 1994, the City Council again considered the request to
release a portion of the Conservation Restriction. After receiving the
draft Findings, Decision, and Reasons prepared by staff, and after
hearing testimony by the Proponent and residents, continued the hearing
to the November 7, 1994, City Council meeting.
IO. On November 7, 1994, the City Council conducted a public hearing to
consider a request to release a portion of the Conservation Restriction
affecting only Lot 4, Block 1 , Mark Dalquist Addition. The Proponent,
using a presentation board, described a request which would release
approximately 690 square feet of the total area subject to the
Conservation Restriction. Property owners in the vicinity of the request
were present and testified in opposition to the proposed release. The
City Council, after hearing the testimony of the Proponent and residents,
voted to deny the requested release.
6
1 1. At the regularly scheduled City Council meeting of November 21, 1994,
Councilmember Smith, moved to reconsider the action taken at the
November 7, 1994, Council meeting. The motion was seconded by
Councilmember Kelly and was passed four votes to one.
1 2. The Minnesota Department of Natural Resources ("DNR") has established
guidelines for building setbacks for various waterbodies. The
recommended setback for the subject ponds is 50 feet for all buildings
and structures.
13. The Environmental Protection Element of the City of Edina
Comprehensive Plan contains the following objective and policies:
Obiective: Protect and manage lakes, ponds and wetlands for storm water
retention areas, wildlife areas, and amenity areas, and lessen impacts from
nutrient and sediment input.
Policies: Utilize waterbodies and man-made ponding areas for the retention and
detention of storm water to reduce flooding potentials and stabilize lake and
pond levels.
Restrict encroachments below the ordinary high water marks of Type 3,4, and
7
5 wetlands.
I
Require the dedication of or the grant of a scenic and open space easement
over all land adjacent to and 100 feet upland of naturally occurring lakes and
ponds in conjunction with the subdivision or development of the property.
Require the dedication of or the grant of a scenic easement over Type 3,4, and
5 wetlands in conjunction with the subdivision or dedication of property.
Encourage owners of property riparian to lakes and ponds to maintain emergent
aquatic vegetation and shoreline vegetation for filtering and wildlife benefits.
14. The City is authorized by the terms of the Conservation Restriction and
Minnesota Statutes, Section 84.65, to release portions of the
Conservation Restriction. The Conservation Restriction does not grant
. to the City any right to use or improve the area subject to the
Conservation Restriction or permit the public to use or improve the area
subject to the Conservation Restriction. The City is only authorized to
enter onto the area subject to the Conservation Restriction to enforce the
terms of the Conservation Restriction. The release of the Conservation
Restriction is not governed by the provision of Minnesota law dealing
with the vacation of publicly owned easements and rights of way. The
8
release of the Conservation Restriction does not constitute a variance
under the Subdivision Ordinance or the Zoning Ordinance.
THEREFORE, based on the foregoing Findings of Fact, the City Council does
hereby make the following
DECISION:
The application for release of portions of the Conservation Restriction within the
footprint area of the dwelling as legally described in Exhibit A attached hereto on Lot
4, Block 1, Mark Dalquist Addition is hereby granted.
The decision is made for the following
REASONS:
A. The area subject to the Conservat,m Restriction following the'release is of
a sufficient size and subject to the restrictions necessary to meet the objective
of the Environmental Protection Element of the City's Comprehensive Plan. The
25 foot "Natural Condition" Conservation Restriction area will not be altered by
the proposed release and will continue to provide wildlife habitat and filtering
9
c of storm water run off. The areas released from the Conservation Restriction
have not been maintained in a natural condition, but have been maintained and
mowed as open lawn/yard area by the previous property owner.
B. The remaining area subject to the Conservation Restriction will provide for
building setbacks from the pond which will exceed setbacks recommended by
the DNR.
C. The proposed release will not adversely impact the existing character and
symmetry of. the neighborhood but promotes good planning and orderly
development of the subject lots. The proposed release will allow the
construction of a new dwelling that will be consistent with the size and scale
of the existing dwellings in the neighborhood, which would not be possible
without the proposed release. The present area subject to the Conservation
Restriction provides a buildable area which is too shallow to design and build
a functional dwelling which would be in keeping with the size and scale of
existing dwellings in the neighborhood.
10
EXHIBIT A
I
PROPOSED DESCRIPTION FOR VRCATION OF
CONSERVRTION EASEMENT
That part of Lot 4, .Block 1, MARK DALOUISJ FIDDITION, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows:
Commencing at the southwest corner of Lot 3 said Block 1;
thence on an assumed bearing of North 00 degree 28 minutes 37 seconds Nest, along the west line of said Lot 3, a
distance of 148.07 feet; thence North 77 degrees 07 minutes 51 seconds East 26.15 feet; thence South 53 degrees 44
minutes 46 seconds East 47.63 feet; thence South 71
degrees 33 minutes 54 seconds East 41.31 feet; thence on a
bearing of East 46.93 feet; thence North 55 degrees 41
minutes 32 seconds East 74.03 feet; thence North 23
degrees 57 minutes 45 seconds East 35.84 feet; thence
North 55 degrees IO minutes 32 seconds East 57.76 feet;
thence North 74 degrees 51 minutes 09 seconds East 0.20
feet to the point of beginning; thence continue
northeasterly alon
thence North 61 degrees 00 minute 00 second Nest 7.07
feet; thence South 74 de 00 minute OD second West
6.00 feet; thence South rees 00 minute 00 second West 7.07 feet; thence
second West 9.00 feet; thence North 61 degrees 00 minute
00 second West 4.24 feet; thence South 74 degrees 00
minute 00 second West 6.00 feet; thence North 61 degrees 00 minute 00 second West 6.36 feet; thence South 74
degrees 00 minute 00 second West 7.00 feet; thence South 29 degrees OD minute 00 second West 4.24 feet; thence
North 61 degrees 00 minute 00 second Nest 4.24 feet;
thence South 74 degrees 00 minute 00 second West 10.00
feet; thence South 29 de 00 minute 00 second West
4.24 feet; thence North rees 00 minute 00 second
West 4.24 feet; 'thence 4 degrees 00 minute OD
last described course 82.01 feet; thence North 16 degrees 0 1 minute DO second West 4.28 feet;
4 degrees 00 minute 00
second West 8.00 feet; thence South 29 degrees 00 minute.
00 second West 9.19 feet; thence South 16 degrees 00
minute DO second East 4.06 feet to the point of beginning.
1/3/95 175
reasodable limits"; and
WHEREAS, the mixture of vehicles, pedestrians and bicyclists on local streets
contributes to potentially dangerous conflicts involving speeding vehicles and
WJlElWS, a uniform enforcement and penalty pattern is more likely to improve
compliance on all roadways including local streets:
NOW, THEREFORE, BE IT RESOLVED, that the City of Edina supports legislation to
repeal the Dimler Amendment.
by Mayor Richards.
Motion for adoption of the resolution was seconded
Rollcall :
Ayes: Maetzold, Paulus, Smith, Richards
Resolution adopted.
POLICY STA- FOR "RAFFIC SAFETY ISSUES ADOPTED
that Council had directed staff to develop additional policy language as it
relates to the process regarding traffic safety concerns.
change would be in the last two sentences as follows:
Engineer Hoffman reported
The proposed language
PROCESS:
by the staff member you have contracted.
you and gather the pertinent facts and help clearly define the
problem and seek a solution.
City Engineer, the Police Chief, and the Assistant City Manager.
That group will make a recommendation to the City Council regarding
the matter. "The staff safety review recommendation vi11 be shared
with you and if you disagree vith it or can bring forth additional
facts, you can appear at the second Council meeting of the month and
present your viewpoint. We suggest you alert any interested parties
to attend the meeting with you. In all cases, the City Council is
the final authority on traffic safety matters.
of the same or similar request is at the discretion of the City
Council. "
Your traffic safety concern or request will be formalized
That person will work with
Those facts will be reviewed by the
Any subsequent review
Engineer Hoffman explained that the initial process was developed with the idea
that staff would meet the day after the first Council meeting of the month. The
revised policy would advise residents to appear at the second Council meeting of
the month, would suggest that any interested parties be invited to attend, and
that any subsequent further review would be at the discretion of the Council.
Member Smith suggested that the wording be emphasized concerning additional facts
to include "that have not been consideredqq.
Member Smith made a motion to approve the revised policy language concernhg
traffic safety concerns, subject to strengthening the wording concerning
additional or new facts. Motion was seconded by Member Paulus.
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
*1994 CONTRACT WITH IAFF X1275 APPROVED
seconded by Member Paulus for adoption of the folloring resolution:
Motion vas made by Member Smith and was
RESOUTTION APPROVIXG ARBITRATION AWARD
FOR 1994 CONTRACT WITH IbFp #1275
BE IT RESOLVED by the City Council of Edina, Minnesota, that it hereby approves
the arbitration award of December 22, 1994, vith respect to the 1994 Contract
between the City and the Internationalbsociation of Firefighters (IAFF) Local
X1275, as presented;
BE IT FURTEER RESOLVED that the Manager and Assistant City Manager are authorized
to execute the 1994 Contract with IAFF Local #1275.
Motion carried on rollcall vote, four ayes.
1/3/95 .. 176
*RESOLUTION dDoP!WD DESIGNATING DIRECTOR/ALTERNATE DIRECTOR OF SUBURBAN RATE
AUTHORI!L'Y Motion was made by Member Smith and vas seconded by Member Paulus for
adoption of the folloring resolution:
RESOLUTION DESIGT!UTING DIRECTOR AND
ALTERHATE DIRECTOR TO !SUBURBAN BATE AUTHORIlT
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
John C. Uallin is hereby designated to serve as a Director of the Suburban Bate
Authority, and Eric R. Anderson is hereby designated to serve as Alternate
Director of the Suburban Bate Authority for the year 1995 and until their
successors are appointed.
Motion carried on rollcall vote - four ayes.
*RESOLUTION ADOPTEI) DESIGNATING DIBECTOR/ALTERNATE DIRECTOR OF LOGIS Motion was
made by Member Smith and vas seconded by Member Paulus for adoption of the
following resolution:
RESOUPTION DESIGNATING DIRECTOR
AND ALTERNATE DIRECTOR TO LOGIS
BE IT RESOLVED by the City Council of the City of Ed-, Minnesota as follows:
John C. Uallin is hereby designated as a Director of TAIGIS and Kenneth E. Rosland
is hereby designated as Alternate Director of LOGIS for the year 1995 and until
their successors are appointed.
Motion carried on rollcall vote - four ayes.
*RESOUPTION ADOPTED DESIGNATING OFFICIAL II'EUSPAPm FOR 1995
Member Smith and uas seconded by Ifember Paula for adoption of the following
resolution:
BE IT RESOLVED by the Edina City Council that the Edina Sun-Current be and is
hereby designated as the Official Nevspaper for the City of Edina for the year
1995.
Motion was made by
RESO~ION DESIGNATING OFFICIAL "USPAPER
Motion carried on rollcall vote - four ayes.
WIGHATORY RESOLUTION ADOPTED Motion vas made by Member Smith and vas seconded
by Member Paulus 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 Ed-, Fidelity Bank, Norwest BankMinnesota
NA, Richfield Bank and Trust Go. and National City Bank/Southdale Office
(hereinafter referred to as the "Bank") from time to time and until written
notice to any Bank to the contrary, to sign checks agalnst said accounts, which
checks will be signed by the Mayor, Manager and City Treasurer.
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.
Motion carried on rollcall vote - four ayes.
Each Bank is
*FACSIKUX SIGNATURES RESOLUTION ADOPTED Motion vas made by Member Smith and vas
seconded by Member Paula for adoption of the folloving resolution:
RESOLUTION AUTHORIZING USE OF
FACSMIL~' SIGT!UT'URES BY PUBLIC OFFICTATS
RESOLVED that the use of facsbile signatures by the folloving named persons:
FBBDKBICK S. RICHARDS - Hkyor
KENNKl'E E. ROSIARD - City Manager
JOHN Um - Treasurer
on checks, drafts, warrants, warrant-checks, vouchers or other orders of public
funds deposited in First Bank National Association, Americana State Bank of
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177
Edina, Fidelity Bank, Norwest Bank Minnesota NA, Richfield Bank and Trust Co.,
and National City Bank/Southdale Office, be and hereby is approved, and that each
of said persons may authorize said depository banlrs 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 have been affixed without his authority.
Motion carried on rollcall vote - four ayes.
*RESOLUTION ADOPTED DESIGNATING DEPOSITORIES FOR PUBLIC F"DS OF TBE CITP Motion
vas made by Member Smith and was seconded by Member Paulus for adoption of the
following resolution:
BE IT RESOLVED that the First Bank National Association, Minneapolis, HI?,
Americana State Bank of Edina, MI?, Fidelity Bank, Edina, HI?, Richfield Bank and
Trust Co., and Norwest Bank Minnesota NA, 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. 1996.
RESOLUTION DESIGNATING DEPOSITORIES
.
Motion carried on rollcall vote - four ayes.
RESOLUTION ADOPTED DESIGNATING NATIONAL CITP BANK/SOuTBDBLF. AS OFFICIAL
DEPOSITORY Member Maetzold disclosed that he is an officer of National City
Bank/Southdale and that he would abstain from voting on the resolution to
designate National City Bank/Southdale as a depository for public funds of the
City.
Director Wallin informed Council that there are five or six banking institutions
in Edina. Currently, the City of Edina does business with three: First Bank,
Americana Bank and National City Bank. The City's main account is with First
Bank Edina as well as several savings accounts.
Americana Bank and the National City Bank handles the payroll account, the
deposit account and a small petty cash account for the golf course.
The HRA accounts are with the
Member Smith moved adoption of the folloving resolution:
BE IT RESOLVED that the National City Banh/Southdale Office, Edina, HI?,
authorized to do banking business in Minnesota, be and hereby is designated as an
Official Depository for the Public Funds of the City of Edina, County of
Hennepin, Minnesota, until January 1, 1996.
Paulus .
RESOLUTION DESIGNATING DEPOSITORY
Motion was seconded by Member
Rollcall :
Ayes: Paulus, Smith, Richards
Abstaining: Maetzold
Resolution adopted.
*PETITION FOR STREXT LIGHTING AT DONCASTER WAY AND VEST 56TH STREET REFERRED TO
Et?GI"G DEPARTMENT
Member Paulus to refer the petition for street lighting at Doncaster Way and West
56th Street to the Engineering Department for processing.
Motion was made by Member Smith and vas seconded by
Motion carried on rollcall vote - four ayes.
CONCEJlN EXPRESSED REGARDING LITIGATION AGAINST POLICE DEPARTMENT Attorney Jim
Schloner, 3109 Hennepin Avenue South, Minneapolis, MN, advised the Council that
there is pending litigation against the Edina Police Department and that he had
information concerning the individual making the allegations.
that the case is being handled by the City's insurer, Mayor Richards suggested
that Mr. Schloner leave his name with Assistant to Manager Smith who handles the
Upon being advised
1/3/95 178
insurance matters for the City.
CLAJHS PAID
claims as shown in detail on the Check Register dated December 28, 1994, and
consisting of 15 pages: General Fund $30,625.70; Communication $7,108.79;
Working Capital $2,267.29; Art Center $6,178.51; Golf Course $2,368.86;
Edinborough/Centennial Takes $10,752.71; Utility Fund $298,310.24; Liquor Fund
$27,500.70; TOTAL $385,112.80. Member Maetzold seconded the motion.
Member Smith made a motion to approve payment of the following I
Rollcall :
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 8:30 P.M.
City Clerk
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