HomeMy WebLinkAbout19951120_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
NOVEMBER 20,1995
ROLLCALL Answering rollcall were Members Maetzold, Paulus, Smith and Mayor Richards.
CONSENT AGENDA ITEMS APPROVED Motion was made by Member Paulus and was
seconded by Member Maetzold to adopt the Council Consent Agenda as presented with
the exceptions of Agenda Items V.A., purchase of replacement garage doors at Fire
Station and V.B., purchase of three computers for Fire Department.
Ro I lcal I:
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
*MINUTES OF REGULAR MEETING OF NOVEMBER 6.1995, APPROVED Motion was
made by Member Paulus and was seconded by Member Maetzold to approve the
Minutes of the Regular Meeting of November 6,1995.
Motion carried on rollcall vote - four ayes.
PUBLIC HEARING HELD ON PERMANENT STREET SURFACING WITH CONCRETE
BETWEEN YORK AVENUE AND FRANCE AVENUE: PERMANENT STREET SURFACING
AVENUE - W. 66TH STREET TO W. 69TH STREET) Affidavits of Notice were presented,
approved and ordered placed on file.
CURB AND GUTTEWSIDEWALK IMPROVEMENT NO. BA-309 (W. 66TH STREET
WITH CONCRETE CURB AND GUTTEWSIDEWALK IMPROVEMENT NO. BA-311 (YORK
Mayor Richards informed the public that the public hearing will be held and testimony taken
as planned but no formal action will be taken at this meeting. The public hearing will be
continued to the the regular Council meeting on December 4, 1995 allowing the property
owners additional time to review the project.
Presentation by Engineer
Engineer Hoffman explained that the public hearing is to review the preliminary plan for
reconstruction of County State Aid Highway 53 (West 66th Street from France Avenue to York
Avenue) and County State Aid Highway 31 (York Avenue from West 66th Street to West 69th
Street). The two projects are on the north and east side of Southdale Shopping Center. The
northerly project (W. 66th Street) is currently planned to be a Federal aid project with use of
lntermodal Surface Transit Efficiency Act (ISTEA) funds. The reason for noting this information
is that use of these funds would require multi-modal design to secure such funds. The W. 66th
Street project has the following primary design elements:
A. Two through lanes - eastbound.
B. Two through lanes -westbound.
C. One additional lane - westbound, for ingress-egress to properties on the north
side of W. 66th Street (similar to the additional lane adjacent to the Centennial
Lakes project on France Avenue).
A new traffic signal at Drew and West 66th Street (this would be the primary
new entrance to the north side of Southdale).
D.
MinutedEdina City Council/November 20.1995
I E.
F.
G.
H.
Another new traffic signal on W. 66th Street for egress from Southdale
Shopping Center.
A sidewalk on the north side of W. 66th Street (already existing).
A bikeway path on the south side of W. 66th Street (part of multi-modal funding
requirements) - access to Cornelia Park.
Additional storm sewer installation to alleviate stormwater issues at 66th Street
and Xerxes Avenue.
Engineer Hoffman stated the York Avenue project would be a regular County project without
using Federal monies. The York Avenue project would have the following primary design
elements:
A.
B.
C.
D.
Two through lanes - southbound.
Two through lanes - northbound.
One additional lane - northbound, for the ingress-egress to properties on the
east side.
A new traffic signal for egress from the Southdale Shopping Center at a point
just north of the Edina Liquor Store building on York Avenue. The east side of
the signal would allow for both ingress and egress.
Another location at the current northerly entrance to Southdale will be
developed so that a traffic signal could be installed if needed in the future.
A new sidewalk would be installed on the east side.
A bikeway path is shown on the west side of York Avenue. An alternate location
would be to stay on W. 66th Street to Xerxes Avenue.
E.
F.
G. I
The preliminary cost estimate for the two projects is approximately 2.7 million dollars. Edina’s
local share would be about $750,000 with approximately one-third being assessed and the
remainder reclaimed from gas taxes.
The two projects were developed over the summer after meetings with individual property
owners and managers. Hennepin County held an informational meeting at Southdale Library
on August 30, 1995, to share initial project layouts with the public.
Engineer Hoffman presented a letter from Hanbery, Neumeyer and Carney, Attorneys for
Yorkdale Shoppes, dated November 20, 1995, stating they do not contest the configuration
of the proposed plan but reserve comment in the future on the cost of the project assessment.
Council Comment
Member Smith asked the logic in putting a bike path on the south side of West 66th Street
rather than on the less busy north side. Engineer Hoffman said the plan would be for the path
to be used by older children.
Member Maetzold inquired whether any uncompleted utility work could be done during the
projects’ completion. Engineer Hoffman responded the only improvement left is the storm
sewer and that will be completed as part of the project. I
Page 2
Minutes/Edina City Council/November 20, 1995
Public Comment
Mike Meany, Southdale Medical Center, 6545 France Avenue, noted the plan proposes
closing the westerly 66th Street entrance to the Southdale Medical Center. He reminded
Council about the ill-conceived plan converting the Southdale Medical Center to pay parking
and reconfiguring the entrances and exits. They have worked diligently to turn that around
and are just now getting the occupancy level of the building to near capacity. Therefore the
Medical Center would hate to see their entrance closed. Mr. Meany stated the entrance is
important to customers and clients and provides good access to their site.
I
Bob Sailor, speaking on behalf of Wickes Furniture, said the plans look favorable. He voiced
concern with a City Ordinance prohibiting U-turn into their site. Engineer Hoffman explained
that no restriction now exists prohibiting U-turns.
Steve Theis from Hennepin County stated that he feels the proposed plan especially York
Avenue is viable for 1996 construction. Mr. Theis explained that Hennepin County’s primary
concern with the project is improving safety.
Member Maetzold asked that Hennepin County assure business owners that disruption on
York Avenue would not disturb shoppers during the 1996 shopping season. Mr. Theis
explained that a schedule is difficult to set until the detailed plans are developed. Engineer
Hoffman clarified the process and indicated that Southdale’s 1996 shopping season was one
of the reasons for staging the improvements over two years.
Mayor Richards reiterated Council’s concern that an assurance that the construction could be
accomplished without disruption of the 1996 Southdale shopping season is very important to
approval of the plans. Mayor Richards also asked if it would inconsistent to have a bike path
and a walking path with the number of residents living in the area.
Member Smith made a motion to continue the hearing to December 4, 1995, for
permanent street surfacing with concrete curb and gutterkidewal k improvement No. BA
309, (West 66th Street between York Avenue and France Avenue) and BA-311,
permanent street surfacing with concrete curb and gutterkidewalk improvement for
York Avenue (West 66th Street to West 69th Street). Motion was seconded by Member
Maetzold.
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
PUBLIC HEARING HELD; PRELIMINARY PLAT APPROVED - JOSEPH TAMBORNINO
/6608 DAKOTA TRAIL) Affidavits of Notice were presented, approved and ordered placed
on file.
Presentation by Planner
Planner Larsen reminded Council the subject property is a 2.9 acre R-I lot. The existing home
is located in the south-central portion of the property and uses Dakota Trail as its driveway
access. The proposed subdivision would create one new lot with access on Mohawk Trail.
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MinutesIEdina City Council/November 20.1995
Previously, the Planning Commission denied a three lot subdivision. At the October 16, 1995,
meeting, Council referred the two lot, preliminary plat to the Planning Commission for review
at their November 1, 1995 meeting. At the Planning Commission meeting, it was discovered
the surveyor had erred in calculations of the neighborhood median lot width and depth. The
corrected two lot plat medians are as follows:
Lot Width Lot Depth Lot Area
Existing LOT I 260 feet 275 feet 75,631 square feet
New LOT 2 287 feet 182 feet* 51,822 square feet
*Lot 2 would require a seven foot lot depth variance
Planner Larsen noted the proponent asked the Commission to reconsider the three lot plat in
light of the corrected median averages. The Commission voted not to reconsider their
recommendation of denial of the three lot plat since both new lots continue to require
variances for lot width, depth and area. He presented a graphic of the revised plat with one
new lot fronting on Mohawk Trail.
The Planning Commission recommended approval of the two lot subdivision subject to the
following conditions: I) Final Plat Approval, 2) Subdivision Dedication, and 3) 40 foot wide
conservation restriction along Mohawk Trail.
.Council comments
Member Smith noted the footprint of the home is depicted within the conservation restriction.
Planner Larsen responded that the footprint is only conceptual in nature.
Member Maetzold asked what the City's liability would be with the excavation and
displacement of land during construction, if the plat were to be approved. Attorney Gilligan
concluded this property is privately owned and they understand the risk.
Member Paulus stated concern that after a preliminary plat is approved, the proponent could
still ask for additional variances. Planner Larsen said he does not believe this subject plat
would require additional variances.
Mayor Richards called for public comment. No comments or concerns were received.
Proponent comments
Joseph Tambornino, 6608 Dakota Trail, asked what a subdivision dedication was. Mayor
Richards explained that subdivision dedication is a fee of eight percent based on the
assessed valuation of the property at the time the subdivision is granted. The fee is paid by
the developer at the time of subdivision and used for public amenities such as parks, water
bodies, etc.
Member Smith introduced the following resolution and moved its adoption subject to
the following conditions, I) Final Plat Approval, 2) Subdivision Dedication, and 3) a 40
foot wide conservation restriction along Mohawk Trail: I
Page 4
MinutesIEdina Citv Council/November 20,1995
RESOLUTION APPROVING TAMBORNINO
ADDITION PRELIMINARY PLAT
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled “Tambornino Addition”, platted by Joseph and Cynthia Tambornino, and
presented at the regular meeting of the City Council November 20, 1995, be and is
hereby granted preliminary plat approval.
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
I
RESOLUTION ADOPTED FOR COMPREHENSIVE PLAN AMENDMENT FOR COMMUNITY
FACILITIES ELEMENT: ADDING A WATER SUPPLY PLAN AS DESIGNATED BY 1990
LEGISLATION Affidavits of Notice were presented, approved and ordered placed on file.
Presentation by Planner
Planner Larsen explained the City of Edina is required by legislative action to produce a
Public Water Supply - Emergency and Conservation Plan. The City is required to amend our
Comprehensive Plan to include this element. In addition to meeting community needs, the
plan has been prepared to fulfill state mandates administered by the Department of Natural
Resources, the Department of Health and the Metropolitan Council. Drought conditions in
1987-88 prompted policy makers to take actions to which we must now respond.
Director of Public Works Hoffman, explained that in general, the City has an adequate water
supply for the foreseeable future. The basic water system is in place, however, the issue is
to maintain the current system and develop procedures and policy to encourage water
conservation. The Wellhead Protection Program, another element must also be completed,
but the Minnesota Department of Health has not developed the final rules for use in
developing the plan.
I
An executive summary of the Water Supply Policies, Objectives and Standards for Utility
Operation contains the following elements: Community Water Use and Conservation Policies,
Water System Objectives, and Standards and Operating Standards.
Council QuestionsKoncerns
Member Maetzold asked why if the system is adequate then Edina is asked to conserve water
usage. Director Hoffman replied that the conservation plan would respond to the legislature’s
inquiry about what Edina is doing relative to one of the highest per capita usages of water in
the area. Member Maetzold asked what is the obligation to provide Morningside water if
Minneapolis were unable to do so. Director Hoffman explained that normally we would have
a month’s notice and we could provide Morningside water in a couple of days with tie-in
piping. Member Maetzold suggested the Water Supply Plan include that Morningside is
subject to Minneapolis water regulations.
Mayor Richards asked if Morningside residents have been asked whether they wanted to be
connected to Edina water. Director Hoffman said residents were polled approximately twenty I
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Minutes/Edina City CouncillNovember 20,1995
I years ago. At that time they turned down connection to Edina water because of Minneapolis'
softened water. However, water rates in Minneapolis are now significantly higher than
Edina's. In addition, if Morningside residents decide to connect to Edina water, a new well
needs to be dug.
Member Smith suggested the Plan should have documentation regarding Morningside.
Director Hoffman said he would make notations in the Plan regarding Morningside.
Mayor Richards asked what the cost is to respond to the legislation. Director Hoffman stated
$7,800.00.
Member Smith presented the following resolution, as amended, and moved adoption.
RESOLUTION ADOPTING
THE COMPREHENSIVE PLANKOM M UNITY
FACILITIES ELEMENTlPUBLlC WATER SUPPLY EMERGENCY AND
COMPREHENSIVE PLAN
WHEREAS, State Statute requires the City of Edina to produce a Public Water Supply
Emergency and Water Conservation Plan as part of the City's Comprehensive Plan; and
WHEREAS, the City of Edina has developed policies for community water usage and
conservation policies as stated in said Comprehensive Plan/Community Facilities
ElementlPublic Water Supply - Emergency and Conservation Plan as amended.
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council adopts the
amendment to the Comprehensive Plan/Community Facilities ElementlPublic Water
Supply - Emergency and Conservation Plan and directs City Staff to submit the
amendment to the Metropolitan Council for action. Motion was seconded by Member
Maetzold.
I
Ayes: Maetzold, Paulus, Smith, Richards
Resolution adopted.
PUBLIC HEARING HELD ON ORDINANCE NO. 1995-9, AN ORDINANCE AMENDING
CODE SECTION 850.1 I SUBD 3(A) ALLOWING DAY CARE AS A CONDITIONAL USE IN
AN R-I SINGLE DWELLING DISTRICT; CONTINUED TO JANUARY 16,1996 Affidavits of
Notice were presented, approved and ordered placed on file.
Presentation by Planner
Planner Larsen stated that during the Council review of the Especially for Children rezoning
request Council directed Staff to prepare an amendment allowing a property to retain its R-I
zoning, but to allow day care, preschools and nurseries as a conditional use. The Planning
Commission at its November I, 1995 meeting recommended adoption of the ordinance
amendment. The two key elements of amendment would be I) addition of day care facilities,
nurseries and preschools in the R-I District as a permitted conditional use, and 2) Placing a
minimum lot size of 2 acres plus setback requirements. Staff believes this amendment plus
findings that are required when granting a conditional use would be adequate protection for I
Page 6
MinutedEdina City CouncillNovember 20,1995
the City in future requests. Planner Larsen pointed out that there is not currently an active
request, but staff expects one within the next thirty days.
Member Smith asked if the proposed amendment is responding to the area churches who are
also currently running day cares. Planner Larsen responded that churches are permitted to
have day cares as an accessory use regardless of size. This amendment came up as a result
of the previous rezoning request of Especially for Children because the site they hope to
develop is no longer a church, day care is no longer allowed as an accessory use.
Mayor Richards called for public comment.
Resident comment
Alan Hohenstein, 5104 West 70th Street, commented; making a change of this magnitude in
the City’s zoning, would permit building a day care center on any residential property zoned
R-I . Day care is currently allowed under POD-I zoning which is income-producing. The
proposed amendment would mix income-producing and residential non income-producing
properties. Developable land has a higher value; a developer could raze a couple homes and
gain sufficient acreage up to the required two acres and build a day care center. A day care
within a church is a wholly different setting because it utilizes classrooms within a church not
being used during the week for a valuable public service generating little or no income; a for-
profit day care center is colorful and tries to attract attention with a totally different
environment from a church. Also when the land. was taken by the State the property owner
was paid and acreage was reduced to less than three acres; if a church were not on the
property, the City would have to grant an exemption for construction of a church on property
with less than 3 acres; the owners have been reimbursed already under the condemnation law
and the potential exits being compensated twice first by the taking and now the rezoning; and,
the City should take time to check ramifications having far reaching affects.
I
No further public comment was received.
Council comment
Member Smith explained he believes the Council requested the proposed amendment in
response to the neighborhood concern of maintaining a buffer. Since no proponent is
currently requesting a conditional use, he believes further research into the implications of the
ordinance should be done. Concern with a developer buying up and developing a day care
in an R-I District.
Member Maetzold advocated further research before adopting an amendment.
Mayor Richards inquired if two acres were held in an R-I setting, what other restrictions would
the Code impose on the property that would regulate a day care? Planner Larsen responded
that setback requirements would need to be met. In addition, conditional uses require
preparation of findings stating the use would not alter the character, cause traffic concerns in
the neighborhood, and that it doesn’t disturb the use of the property within that neighborhood.
Member Paulus voiced concern that this amendment could be opening Pandora’s box. It is I
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Minutes/Edina City Council/November 20,1995
I her opinion the risks outweigh the benefits. Planner Larsen stated any church can house a
day care so only one type of property would benefit. Member Paulus questioned what potential
prop&ty exists needing the proposed amendment.
Member Smith made a motion to continue to January 16,1996, the proposed ordinance
amending Code Section 850.11 Subd. 3 (A) allowing day care as a conditional use in an
R-I Single Dwelling District directing staff to prepare a draft findings and to research
what properties exist in Edina needing the proposed amendment. Member Maetzold
seconded the motion.
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
FIRST READING GRANTED - ORDINANCE NO. 1995-10, AN ORDINANCE AMENDING
CODE SECTION 850.04 SUBD. I INCREASING THE MEMBERSHIP OF THE EDINA
ZONING BOARD OF APPEALS TO SIX MEMBERS AND SECTION 805.04 REDUCING THE
MEMBERSHIP OF THE PLANNING COMMISSION TO NINE MEMBERS Affidavits of Notice
were presented, approved and ordered placed on file.
Presentation bv Planner
Planner Larsen stated the proposed amendment is a result of the joint meeting of the
Planning Commission and the Council. He reported the proposed Ordinance would amend
Section 805 the Planning Commission Ordinance and Section 850, the Zoning Ordinance of
the City Code. The amendment provides for reducing Planning Commission membership from
eleven members to nine, while two new at-large members would be added to the Zoning
Board of Appeals to maintain the required five members on each Board. The Planning
Commission recommends adoption of the proposed Ordinance.
I
Mayor Richards opened the meeting for public comment. No public comment was received.
Member Paulus moved First Reading of Ordinance No. 1995-10 - An Ordinance
Amending Code Section 850.04 Subd. Is increasing the membership of the Edina Zoning
Board of appeals to six members and Section 805.04 reducing the membership of the
Planning Commission to nine members. Motion was seconded by Member Maetzold.
Ayes: Maetzold, Paulus, Smith, Richards
First reading granted.
RESOLUTION ADOPTED CORRECTING FINAL PLAT FOR THE COVENTRY AT
CENTENNIAL LAKE THIRD ADDITION Affidavits of Notice were presented, approved and
ordered placed on file.
Member Maetzold stated his intention to abstain from discussion and vote on the Final Plat
approval for the Coventry at Centennial Lakes Third Addition due to a possible conflict of
interest.
Presentation bv Planner
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Minutes/Edina City CounciVNovember 20, 1995
Planner Larsen said on March 20, 1995, Council granted final plat approval to The Coventry
at Centennial Lakes Third Addition for Laukka-Jarvis, Inc. The developers have since made
changes to individual units, resulting in a building four feet longer than the building originally
approved on the original plat. The unit count remains seven units. Since the March 20, 1995
plat has been recorded, it is necessary to record a new plat making the correction.
I
Staff recommends approval of the revised Final Plat.
Mayor Richards opened the discussion for public comment. No comments were heard.
Following a brief Council discussion, Member Paulus introduced the following resolution
and moved its approval:
RESOLUTION APPROVING FINAL PLAT
FOR THE COVENTRY AT CENTENNIAL LAKES 3RD ADDITION
BE IT RESOLVED by the City Council at the City of Edina, Minnesota, that that certain
plat entitled, “THE COVENTRY AT CENTENNIAL LAKES 3RD ADDITION”, platted by
Centennial Land Limited Partnership, a Minnesota limited partnership, an undivided
91.43% interest, and John W. Hedberg, an undivided 8.57% interest, and the Housing
and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic
under the laws of the State of Minnesota, and presented at the regular meeting of the
City Council on November 20,1995, be and is hereby granted final plat approval. Motion
was seconded by Member Smith.
Rol I cal I:
Ayes: Paulus, Smith, Richards
Abstaining: Maetzold
Resolution adopted.
I
PUBLIC HEARING HELD; ORDINANCE NO. 1995-1 I, AN ORDINANCE AMENDING CODE
SECTION 900.18, SUBD. 1, REGARDING THE SALE OF WINE IN CONJUNCTION WITH
THE SALE OF FOOD CONTINUED TO DECEMBER 4, 1995 Affidavits of notice were
presented, approved and ordered placed on file.
Mayor Richards suggested the decision to amend Ordinance No. 1995-1 1 be continued
December 4, 1995, allowing the full City Council to consider any formal modifications to the
wine ordinance.
Presentation bv Assistant Citv Manager
Assistant City Manager Hughes said based on Council direction at the October 16, 1995,
meeting, three alternate ordinance amendments were drafted and summarized as follows:
ALTERNATE #I
Eliminates Meal Requirement
Limits Bar Seating to 15% of All Seats
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MinutedEdina Citv Council/November 20,1995
ALTERNATE #2
Eliminates Meal Requirement
Requires Gross Receipts for Food to be at Least 60% (Annual Basis)
Limits Bar Seating to 15% of All Seats
ALTERNATE #3
Eliminates Meal Requirement
Requires at Least 70% of Patrons to Order a Meal (Annual Basis)
Limits Bar Seating to 15% of All Seats
Correspondence has been received supporting the amendment from Laurie Velett, 1845
Summit Avenue, St. Paul; Lisa Holmberg, 481 1 Maple Road, Edina; Dewey Johnson, 4504
Lakeview Drive, Edina; Boyd Stofer, United Properties, 3500 West 80th Street, Minneapolis;
Gary and Karen Dorrian, 4708 West 60th Street, Edina; Jack Renwick, 4832 Maple Road,
Edina; and the Edina Chamber of Commerce, 5701 Normandale Road, Edina.
Public Comment
Wayne Kostroski, an owner of Tejas and an Edina resident, gave background information on
the proposed Ordinance amendment request. He reiterated the main issue is guest
satisfaction within Edina restaurants. He voiced a preference for Alternate #I. It is Mr.
Kostroski's opinion this alternate still allows the City adequate control over licensees. The
annual license renewal process allows for bad operators to be weeded out and managers
licensing remains in place. Limiting bar seating to 15% is an additional safeguard against
misuse of any ordinance change.
Member Smith inquired whether licensed owners must comply with the State's requirement
of 60% food - 40% beverage ratio. Assistant Manager Hughes commented this is a
requirement with respect to the sale of intoxicating malt liquor, not necessarily wine. Alternate
No. 1 would expand the rules that apply to strong beer to also cover wine.
Mark Rausch, Director of the Edina Chamber of Commerce, spoke to the Chamber's position
statement encouraging Council to amend Ordinance No. 900.15 and 900.18, Subd. 1 , to allow
the service of wine or beer to a guest of a full-service restaurant without the requirement of
any food being purchased or served.
I
Kim Zender, 3500 West 55th Street, offered support to the amendment. He noted the
Ordinance as it exists seems ridiculous.
Jim Burnett, 6566 France Avenue South, said he found the existing Ordinance inconvenient
and was surprised to learn many Edina residents do not eat in Edina because of the
inconvenience. He favored Alternate No. I or No. 2.
I Member Smith made a motion to continue the issue of Ordinance No. 1995-11, an
Ordinance amending Section 900 of the City Code to regarding the requirement that a
meal must be consumed with wine to the regular Council meeting of December 4,1995.
Page IO
Minutes/Edina Citv CounciI/November 20, 1995
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried. I -
PURCHASE OF REPLACEMENT GARAGE DOORS AT FIRE STATION CONTINUED TO
DECEMBER 4, 1995 Member Maetzold stated he asked this item be removed from the
Consent Agenda as it seems to cry out for a return on investment calculation. The proposed
expenditure for overhead doors for the Fire Station is $18,835.00, he asked if energy cost
savings had been done. Chief Paulfranz stated that energy savings from the doors would not
cover the cost of the doors. However, the cost of repair on the aluminum doors is prohibitive,
i.e. two panels need replacement at a cost of $2,000.00, a new door costs $3.600.00.
Member Maetzold believes this to be a good expenditure but substantiating calculations would
afford a more educated decision on the purchase.
Member Smith requested the documentation from the bid not meeting our specifications.
Mayor Richards stated that in order for Council to make informed decision substantiating
documentation should be included in with the packet information. He suggested holding the
award of bid to the Council meeting of December 4, 1995, for further documentation.
PURCHASE OF THREE COMPUTERS FOR FIRE DEPARTMENT CONTINUED UNTIL CITY
TECHNOLOGY PLAN IS IMPLEMENTED Member Maetzold asked the purchase of three
computers for the Fire Department be removed from the Consent Agenda because he believes
a City Technology Plan should be implemented with a clear direction. I
Member Maetzold made a motion for award of bid for three computers for the Fire
Department. Motion died for lack of a second.
Member Smith commented he would not approve any purchases of technology until a plan is
in place.
Mayor Richards reiterated technology plan framework needs to be presented and directed
staff to move forward.
Assistant Manager Hughes informed the Council that Manager Rosland had formed a
technology committee. Assistant Manager Hughes will chair the committee that has been
charged with first developing an interim plan which would provide a base to react to requests
for replacement of existing equipment. Secondly, the Committee is to develop a long range
plan. Committee will have first meeting the week after Thanksgiving and have the interim plan
to Council shortly thereafter.
"BID AWARDED FOR INSTALLATION OF FOOTINGS FOR DECK EXPANSION AT
BRAEMAR CLUB HOUSE Motion was made by Member Paulus and was seconded by
Member Maetzold for award of bid for installation of footings for deck expansion at
Braemar club house to Dale Lyrek at $9,320.00.
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MinutedEdina Citv Council/November 20,1995
I Motion carried on rollcall vote - four ayes.
CORNELIA SCHOOL FUND RAISING PLAN PRESENTED- Michael Julius, Cornelia School
Outreach Chair presented “Cornelia Branching Out” video depicting staff, student, parent and
public outreach already completed and future plans. Cornelia School has benefitted from
activities already completed in the spring and summer of 1995. The Cornelia PTO has
adopted a fund raising campaign, “Cornelia Branches Out” with a goal of $150,000. $75,000
of the total would be used to match and compliment funds set aside by the Education Board.
The other $75,000 is earmarked for a technology plan for the school. Mr. Julius stated the
plan would conclude with the proposed opening of a park shelter building during the Phase
111 process scheduled for 1997.
RESOLUTION GRANTING CONSENT TO CONSERVATION EASEMENT - DR. CARSON
Assistant Manager Hughes informed Council that approximately ten years ago, Dr. Paul and
Mrs. Carson donated three and one-half acres of their property on Pine Grove Road to the
City with restrictions that the City preserve the property as open space. Dr. Carson has now
requested the City extend a Conservation Easement to the Minnesota Land Trust for the
purpose of assuring its preservation as open space. The reason for requesting the City to
extend the easement is because the Minnesota Land Trust only considers property of five or
more acres. The Carsons only retained one and a half acres when they donated their
property to the City. By combining the City’s property with their property the Carsons can
protect the entire parcel. The Conservation Easement has been reviewed by staff and the City
Attorney. The Easement imposes the same types of restrictions that had previously been
imposed by the Carsons. Staff would recommend the Council authorize the Mayor and
Manager execute the Conservation Easement.
Renae Leone, Executive Director of the Minnesota Land Trust, explained that the Trust is a
non-profit corporation, public charity and a 501 C-3 organization according to IRS guidelines.
Their business is the protection of open space and historically significant structures. Ms.
Leone emphasized that only with the City’s already protected land added to the Carsons
remaining land is the five acre minimum met. The Trust will be the watch-dog of the land and
home to preserve its integrity and to see that the City’s promise to the Carsons is maintained.
Member Smith introduced the following resolution authorizing the execution of the
Conservation Easement in favor of the Minnesota Land Trust:
RESOLUTION AUTHORIZING EXECUTION OF
CONSERVATION EASEMENT IN FAVOR OF
MINNESOTA LAND TRUST.
WHEREAS, previously Dr. & Mrs. Carson conveyed to the City of Edina a portion of their
real property on Pine Grove Road to be preserved as open space; and
WHEREAS, Dr. Carson has requested that the City grant a consewation easement to the
Minnesota Land Trust assuring the preservation of the Carson property as open space. I
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Minutes/Edina City CounciVNovember 20,1995
BE IT RESOLVED by the Edina City Council that the Mayor and City Manager are hereby
authorized to execute a conservation easement in favor of Minnesota Land Trust for the I following described property:
Legal Description:
That part of Lot 1, Block 1, Carson’s Hill, in Hennepin County, Minnesota, described as
follows:
Beginning at the northeast corner of said Lot I, said point being marked by a
Judicial Landmark; thence south 0 degrees 21 minutes 48 seconds West,
assumed bearing, along the east line of said Lot I, a distance of 599.49 feet to
the southeast corner of said Lot 1, said point being marked by a Judicial
Landmark; thence south 89 degrees 57 minutes 37 seconds West, along the
south line of said Lot I, a distance of 361.23 feet to the southwest corner of said
Lot I, said point being marked by Judicial Landmark; thence North 0 degrees 21
minutes 55 seconds East, along the west line of said Lot I, a distance of 203.87
feet; thence North 77 degrees 04 minutes 53 seconds East, a distance of 32.76
feet; thence northeasterly a distance of 52.87 feet along a tangential curve,
concave to the northwest, having a radius of 76.83 feet and a central angle of 39
degrees 25 minutes 36 seconds; thence North 37 degrees 39 minutes 17 seconds
East, tangent to said curve, a distance of 70.67 feet; thence northeasterly a
distance of 25.83 feet along a tangential curve, concave to the southeast, having
a radius of 63.16 feet and a central angle of 23 degrees 26 minutes 03 seconds;
thence North 61 degrees 05 minutes 20 seconds East, tangent to said last curve,
a distance of 80.10 feet; thence northerly a distance of 81.23 feet along a
tangential curve, concave to the west, having a radius of 44.61 feet and a central
angle of 104 degrees 20 minutes 10 seconds; thence North 43 degrees 14
minutes 50 seconds West, tangent to last said curve, a distance of 53.84 feet;
thence northerly a distance of 36.35 feet along a tangential curve, concave to the
east, having a radius of 31.50 feet and a central angle of 66 degrees 06 minutes
52 seconds; thence North 22 degrees 52 minutes 02 seconds East, tangent to last
said curve, a distance of 115.65 feet to a point in the north line of said Lot I,
distant 142.48 feet west from the northeast corner of said Lot 1; thence on a
bearing of East, along the North line of said Lot 1, a distance of 142.48 feet to the
point of beginning.
AND, THAT part of Lot 1, Block 1, Carson’s Hill described as follows:
That part of thereof lying southerly of a line extending from a point in the
westerly line of said Lot 1 distant 203.87 feet northerly of the southwest corner
thereof to a point in the easterly line of said Lot distant 203.87 feet northerly of
the southeasterly corner thereof. Member Paulus seconded the motion.
Ayes: Maetzold, Paulus, Smith, Richards
Resolution carried. I *TRAFFIC SAFETY STAFF REVIEW OF NOVEMBER 7,1995, APPROVED Motion was
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MinutedEdina Citv CouncillNovember 20,1995
made by Member Paulus and was seconded by Member Maetzold to acknowledge that
no requests requiring approval were presented and to acknowledge Sections B and C
of the Traffic Safety Staff Review of November 7,1995.
Motion carried on rollcall vote - four ayes.
ENDORSEMENT REQUEST FROM STOREFRONTWOUTH ACTION NOTED Chief
Bernhjelm received correspondence from Mary Ellen Barrett, Executive Director of
StorefronWouth Action requesting a letter endorsing their Capital Campaign $950,000 fund
drive. He added the relationship with Storefront has been positive in the services the City has
received from them, but due to the vendor relationship he was hesitant to send an
endorsement.
The Council discussed whether or not the City should become active in this type of fund
raising. Concern was expressed regarding the vagueness of the letter, where the additional
funds would be coming from, whether or not this is attempting to reduce their operating costs
through corporate soliciting of funds, and the proactive role a letter of endorsement would
place the City. Consensus was not to send a letter of endorsement. Chief Bernhjelm was
directed to contact Storefront Youth and inform them of Council’s position while still
acknowledging the positives of the organization.
*DATE SET FOR YEAR END COUNCIL MEETING Motion was made by Member Paulus
and was seconded by Member Maetzold setting December 28,1995,5:00 P.M. as the
year end Council meeting date.
Motion carried on rollcall vote - four ayes.
*NEW WINU3.2 BEER LICENSE APPROVED - BYERLY’S INC. (7171 FRANCE AVENUE
SOUTH) Motion was made by Member Paulus and was seconded by Member Maetzold
approving issuance of a new on-sale wine and 3.2 beer license to Byerly’s, lnc., at 7171
France Avenue South.
Motion carried on rollcall vote - four ayes.
REPORT ON FIRST MEETING OF REFERENDUM TEAM. Mayor Richards reported briefly
to the Council the progress of the Referendum Team from their first meeting on November 13,
1995. Mayor Richards suggested that the video put together by the Park and Recreation
Department be played at a Council meeting in the near future. Next Team meeting is
scheduled for January 13,1996. Between now and then six community meetings have been
scheduled to solicit viewpoints from residents of various neighborhoods. These meetings will
be led by the Park Board.
JOINT MEETING WITH EDlNA SCHOOL BOARD SUGGESTED. Staff was directed to
contact the Edina School Board and invite them to a joint meeting with the City Council. A
tentative date of January 8, 1996 at 6:OO P.M. or 6:30 P.M. was set. Staff to contact the
Superintendent of Schools and report back to Council.
ANIMAL CONTROL ISSUE DISCUSSED. Council briefly discussed a letter received
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Minutes/Edina City Council/November 20, 1995
regarding an animal control issue. Direction was given for further study by the Police
Department into euthanasia of wounded animals for review on a future agenda.
NEIGHBORHOOD OUTREACH. Member Paulus expressed concern that oversight be given
in keeping neighborhood outreach groups working under a comprehensive plan to avoid any
divisiveness arising from separate efforts. Mayor Richards suggested this issue be discussed
with the School Board in their joint session.
FIRST WOMEN’S HOCKEY GAME. The first women’s hockey game will be at Braemar Arena
on Tuesday, November 21, 1995. A ceremony will kick off the official program.
CLAIMS PAID Member Paulus made a motion to approve payment of the following
claims as shown in detail on the Check Register dated November 15, 1995, and
consisting of 26 pages: General Fund $329,000.61 ; C.D.B.G. $500.00; Communications
$6,236.67; Working Capital $1 8,955.37; Art Center $4,660.1 9; Swimming Pool Fund
$1,629.36; Golf Course Fund $35,743.84; Ice Arena Fund $17,390.77; Gun Range Fund
$967.75; Edinborough/Centennial Lakes $1 8,464.23; Utility Fund $38,597.50; Storm
Sewer Utility Fund $2,139.59; Recycling Program $34,602.05; Liquor Dispensary Fund
$78,120.60; Construction Fund $324,552.70; TOTAL $91 1,561.23; and for confirmation
of payment of the following claims as shown in detail on the Check Register dated
November 9, 1995, and consisting of 7 pages: General Fund $305,391.19; Liquor
Dispensary Fund $222,933.48; TOTAL $528,324.67. Member Maetzold seconded the
motion.
Rollcall:
Ayes: Maetzold, Paulus, Smith, Richards
Motion carried.
STEPS AUTHORIZED TO AUTHORIZE REFUNDING SERIES 1988 G.O. TIF BONDS AND
1989 TIF BONDS. Assistant Manager Hughes stated staff has been monitoring interest rates
with respect to the potential refunding of bonds. Based on the current rates, the Series 1988
and Series 1989 G.O. Taxable Tax Increment Financing bonds could be refunded with a
savings of $446,782 and $601,395 respectively. Staff believes that is prudent to proceed with
refunding the bonds. Assistant Manager Hughes asked for Council authorization to move
forward with the steps necessary to refund the bonds. The proposed sale date is February
5, 1996. More information will be presented and the Council can formally call the sale at one
of the December meetings. Dan ONeal, of Springsted was available for technical background
into the refunding. Discussion of the potential for negative arbitrage revealed that refunding
savings reflect net of negative arbitrage figures.
Member Smith moved to authorize the steps necessary to refund the Series 1988 G.O.
Taxable Tax Increment Financing Bonds and the Series 1989 G.O. Taxable Tax
Increment Financing Bonds with a tentative sale date of February 5, 1996. Motion
seconded by Member Maetzold.
Ayes: Maetzold, Paulus, Smith, Richards I Motion carried.
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MinutedEdina Citv Council/November 20,1995
RECEIPT OF EDINA FOUNDATION AUDIT. Mayor Richards noted receipt of the Edina
Foundation's Audit from Jim Van Valkenburg. If Council has questions of the audit please
note them so they may be directed to the Foundation.
There being no further business on the Council Agenda, Mayor Richards adjourned the
meeting at 955 P.M.
City Clerk 1
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