HomeMy WebLinkAbout1979-11-24_WORK SESSIONAGENDA
COUNCIL AND.STAFF WORK SESSION
NOVEMBER 24, 1979
8:30
- 9:30 a.m.
- Project CHarlie
9:30
- 10:00 a.m.
- Advisory Committees
10:00
- 10:30 a.m.
- Energy Commission Update and Discussion
10:30
- 11:00 a.m.
- Review Subdivision Dedication Guidelines
11:00
- 11:30 a.m.
- School Life Safety
L PEDINA
4801 WEST 50TH STREET. EDINA. MINNESOTA 55424
612 - 927 -8861
CJ`•'',' 01 Ei'`JNA SITBDIVISION 1
DEDICATa.(DN GUIDELINES
Edin Ordinance No. 901, "The Platting•Ordinance," states that in
every plat, reria4, or subdivision or land to be developed for resi-
clential, coro!utarci_al, industrial, or other uses, a reasonable portion
of su(.1i land shall be set aside and dedicated by the tract owner to
�.he 9:�Oe_ral pulAic as open space for parks, playgrounds, Public open_
space, or storm water holding areas or ponds, or, at the op ti--n of
the City, the tract owner-shall contribute to the City an amouiit of
cash in lieu of such a lane: dedication.
The p;spose of these y;.l.idelines is to cl.aril.y the above'- re:fe,-e_ ccd
ordinance and to provide a set of crii_eria for assisting In t.h etor--
;:i _=lion of a reaso -•na"D .e? Public dedicat -ion ir, conjujic:tion with the
slihd:_.visiort of pi%,,nerty. trowever, . due to the varying facts and
circumstances associat -ed with the subdivision of property, t:hest! gu.ide-
1.:_n.es will not s.�,_ve as ar, absolute and i_nflexi*;le iorinulza for co;lpu.zin_g
public ( :,edi_r.ations, L+or r.'.ther will. Pterely a._;-sist the Cit- On:, F'dina in
Uie eae: t.e.rYu _riation o1 fe.ir ayl(: reasonable public dedications.
B. F i.ndina of Pe(: ui renen_ for S;ihdivis -!nn D dicatlon.
1. J.n con- lnctior- 11 ii_" C:_ ^2 suud_vi ion, platting, cr rc--1:.latting of land .',.:td
rlo additional lcta cr de :vcicp^?cr.t intensities are created, then a.
public dedic -ation shal_j_ not b,� _c:quire:ci.
2. In conj':L'lctiion wii:h t';ie �:u1,CIJ.vis1G'n, ,platting, or re-j`__attiing of land
a.nd addi -i.onal tots or intensities are ,seated, then a
public 6 di.caticn shall he required and =.hall Le bases, the- la ^.cl
area encompassed witt.l.n Lsle aGditional lo: -. (s) vzil'•.le alt-C!'17
such 1.':.:a, Jr value-' at;..r_iuui..i.ve to 'ncreaiied development intensities.
C. of of Land or Cash in Lie:: cF Land.
a,n i Public! access to such a dedication may be re•-
qui c d w i` °n:
a) property ._ti n A nCC.n6 4- an existing park or F',ab' i.C. open space
and .hf aGd'.t A :1 Lcncf i;A :Llly expands the nark or r.J31 is open
I `. lc'.3 c-atlon iz - leas`.. 6 '� �
_. acres :.n area
or t`r)_.c.. t,,_ure _1CQ1cat,ions so that the end
X211 �l '•1'r s � .mot
._ i.�..:.1.?" �_c....., iJ ^G, Cr tram.
Subdivision dedication Guidelines
Page 2
d) property is a natural storm water holding area, a flood plain,
or is needed for storm water holding area and can be dredged
or otherwise improved for that purpose.
2.-. Cash will be required in all other instances than,above unless
facts and circumstances direct a combination public dedication
of land and cash in lieu of land.
D. Determination of Reasonable Amount of Public Dedication.
1. If it 'is determined that a land dedication is desirable and
a) the land to be dedicated is adjacent,to an existing park, open
space, or public property which would be beneficially expanded
by the dedication, then a reasonable portion of the land area
encompassed within the subdivision should be dedicated.
b) the land to be dedicated is adjacent to a natural lake, pond,
or stream, then a strip of land 100 feet in width as measured
upland from the high water mark of a lake or pond or from the
center line of a stream should be' dedicated. If such a dedica-
tion is less than a reasonable portion of the land area encom-
passed within the subdivision,l however, a reasonable cash
dedication may be required in addition to a land dedication.
c) the land to be dedicated is a flood plain as defined by Ordinance
No. 815, then a dedication should be made of that portion of
the flood plain determined to be undevelopable according to
Ordinance No. 815 and according to the rules and regulations of
the appropriate watershed district. If such a dedication is less
than a "reasonable amount of the land area encompassed within
the subdivision, however, a reasonable cash dedication may be
required in addition to a land dedication.
d) the land to be dedicated is a natural storm water holding area
or can be developed as such for the storage of storm water run -
off,.then a finding will be made to determine 1) the portion of
such an area that benefits solely the storm water disposal
needs of the property to be subdivided, and 2) the portion of
such an area that benefits the storm water disposal needs of
the general public. Based upon this finding a reasonable cash
dedication may be required in addition to a land dedication.
e) the land to be dedicated is a place of significant and /or unique
natural, scenic, or historic value, a reasonable portion of the
total land area encompassed within the subdivision should be
dedicated.
2. If it is determined that a cash dedication is desirable, a reasonable
cash dedication based upon the value of additional lots or develop-
ment intensities created by the subdivision should be made. This value
Subdivision Dedication Guidelines
Page 3
will be determined by the City Assessor or by private appraisals or
other means acceptable to the City Council.
3. If it is determined that a public dedication was previously made
in accordance with the above guidelines, then the previous public
dedication may he deemed reasonable and further dedication may
not, be__required._
4. If it is determined that a public dedication was previously made,
then such a previous dedication ittay receive credit but an addi-
tional public dedication may be required so as to bring the total
dedication into conformance with the above guidelines.
Adopted by the Edina City Council, July 10, 1978.
11 b
MEMORANDUM
TO: CITY COUNCIL
FROM: JAMES VAN VALKENBURG, MAYOR
DATE: NOVEMBER 20, 1979
Attached is a copy of a letter from Marilyn E. McClure, Commissioner,
State Department of Human Rights. I would appreciate your reading
this letter as we will discuss this and the Future Systems study
regarding our group in Edina sometime in the near future.
The City's Human Relations. Commission is aware of my interest in
discussing both of these at the same time. No specific date has been
set but I will be back in touch.
JVV:md
STATE OF MINNESOTA
y tl� DEPARTMENT OF HUMAN RIGHTS
240 BREMER BUILDING - (612) 296 -5663 - SAINT PAUL, MINNESOTA 55101
November 5, 1979 Telephone: 296 -5665
Honorable James Van Valkenburg, Mayor
of _Edi.na - -- - - - -- - - - - -- - - - - -- - _ __.. -..
Dear Mayor Valkenburg:
In the pi st fear 1ilorths I have bee-o ii. touch with local human rights ccriClisiiurls
arOUnd i;fik: Skate several t to c!;-?.r i -y and Str eng Cher. the 'Nor•ki rin r al !%ion sh'i p
that exi tc k`'1-Iaona i4,;, . nn -.w n : }• ^nrnrnl � T � -
.. tmen and 'vv, nu 6 ssi-ons. 1 R11, VCry i1, bCf •. :. Cl 1,.'
vitalizing and re- ne•ring a sp-.rit of coaperation and good will us since- -.-re
.,!'.are manv goals and concerns related to human rights.
There i-re topic-s- it nartkl.11 r that i have fochsed on in sly co:,, ac iith ciorfl-
rii15StCnS that T v;U-j1d ?lke, to take 1'.-his oppDrtunity to _hare with you sir?C:'_ your
::pprcvril and supir) -t w1l1 - -I SOUght and CFs, ± ore w,? proccc'. iro 31n1f nv?Qid ti
prccedur es, the Ho -Fault G•rievavi;:e Process and the Pt-llorandum of I;grelame lr,, were
devz1oa is by the depar -b -rent in the past as vehicles throunh which commissions and
the de:�,artment could conduct a i,'utually satisfactory workini arral;aelrent. Since
I have assail ed r;:y u „pies es Coririiss-;oner of llualan {igh- s seven n?Oa-t:?s a -r1,
I have re-jiewed both of these procedures.
There ,;ere several factors Chat I kept in mind while -I evaluated the:,e hivo •
cedures. I firrliy believe 'hat rather thin iaw,:- =-i.Ig procedures and °;�ou�rerle„t5
LIF011 COMMISS1C01S that iltar the way lrl .'11ich c.,),mr,, is sions intend to :ingrate, 1"he
dc- oar-rii2rit shoulJ be very c - lcerned about developing coop:rati -i;_' ,orking arrange-
ments, that are- CDlnpatible "ith local cci,11-nissions' i);;rpose, ot'gen-t_'.atirin, and
rresenl way o` operat• 13 T 3q - -`e t�,'.-. t c r r , �� r , eC4
p' ;_ y � 1 rec,, ; ,� i.. a: nii :,� i+�ri, are .nos i oT �e,► ccirros .
of volunteers, Co!rimul ty fit 'ilhcrS that are: -:hill iNq
to Cj1VE? freely of tri:lr ti'1'.:
and talent to be the l :aril <i i rights cons -c ie?;'--es of their cities and towi' :s. 1nasi :lUch
as mermbers of cummissions have assome-1 this respons"ihilit -.v, they must be f miliar
with human right n-d 1a° �.,± a. ;..�;-
4S 1S- �� 7.! r;_, .;v .1v Vt'.N(• U'1:.!111 3I'i1i,(I(I
expect cniiimi scion ll er, err t-0 aCt as professional erlf -r-ce - -nt staff'. I am a i so
aware o'r the variety of prGbleais that corruriissi,ons encounter in te;'rs of clerical
support and vary;nq cle,r_e of aut-l;ority and fre edom, to act. I ccns•i -jerEd there
factors while I reviewed the No -Fault Grievance Process and the id,L,irorandLlm o-c
Agreer,ent.
I have decided that the best interest-: of cU?rlrlissio:ls and the depart lent sould he
served by el illi►iating any fiu�ther ar- ;ivity related to the Memorandum of Agreement.
It is my belief that the Marroranduril, as it is presently devised, shifts tog ITiLICh
a*F an investigative or enfo,c."nient burden to cc-mmissiors, a responsibility that
should r :i re appropriately rest witi? the departmel?t.
AN EQUAL OPPORTUNITY EMPLOYER
� O
4
Page #2
The No -Fault Grievance_ Process, a newer concept than the Memorandum of Agree-
ment, lends itself well to the structure and function of the local human rights
commission. The process is clearly defined and with a few modifications, many
commissions have agreed that it is a very suitable working arrangement to develop
with --the - department. -.. As--the process -has been- devel-oped,- -a commission would at- -
tempt to resolve complaints related to human rights before referring a person
with such concerns or problems to the department. It is possible, as a result
of this procedure, for commission members to be involved in resolving human rights
complaints informally, that is, by contacting the parties concerned in such a
problem and settling the matter through informal discussion. A local commission's
familiarity with and influence in its community will be key factors in deter-
mining the success of the process.
If an agreement is reached, it will be presented to the commission as a body to
decide whether or not it wishes to sign the Agreement as a third signator. If
the matter is not resolved, a commission will apprise the grievant.of her/his
rights rights under the law and refer the grievant to the department.
In order for commissions to effectively implement the process, both the department
and commissions must be prepared to accept certain responsibilities. I will
briefly outline. these. The department will:
(1) Design and make available in appropriate locations a program
to assist local human rights commissions in meeting department
requirements;
(2) Make available a representative to serve as a consultant on an
on -going basis;
(3) Make available to local human rights commissions any forms re-
quired for reporting purposes;
(4) Motify local human rights commissions of any charge that is
filed in the department which originated in its constituency;
(5) Have in place a mechanism to accept and process the charges of
individuals referred to it by local commissions in a timely
manner.
Local human rights commissions will be called upon to:
(1) Have at least one member of the commission who has participated
in the department's basic training program;
(2) Certify that members who have been trained have spent an equal
amount of time in the training of other local human rights
commission members who will participate in the process;
1 .1%y
Page #3
(3) Be certain that any new member of the local human rights
commission participates in training before participating in
the process;
(4) Make certain that each member of the local human rights com-
mission submits written evaluation of the training in-which
he /she participates;
(5) Certify that the commission has the capacity, resources, and
willingness to regularly provide the department with informa-
tion on each case; and
(6) Submit written approval from the local governing body to which
the local human rights commission is accountable to participate
in the process.
I would like to take this opportunity to ask you, as the local governing body
from which your commission derives its authority, to review this proposed
working arrangement. In the near future, commissions across the state will
be presenting this proposed working arrangement to their governing bodies
to obtain advice and approval.
If you would like more information, please contact the chairperson of your
local commission or feel free to contact me. I look forward to hearing from
you in the near future, and I thank you for your cooperation.
Sincerely,
Marilyn E. McClure
Commissioner
MEM/ edm
cc: Chairperson, Local Human Rights Commission
Mayor
TO:
FROM:
SUBJECT:
DATE:
Background
MEMORANDUM
MAYOR AND COUNCIL
KENNETH ROSLAND, CITY MANAGER
ADVISORY COMMITTEES
NOVEMBER 21, 1979
Over the past several years, the Council has looked to its advisory committees to
provide a citizen participation perspective as input to the ultimate Council decision,
together with assisting in certain program operations. Some of these committees are
mandated by State law while others have been created or consolidated to meet changing
City needs.
At present, boards provide one, two or all three of the following functions for the
Council:
1. Policy Advisory - Review proposals for City policies on various matters.
2. Policy Interpretation - Given general City policies and regulations,
interpret these general items to specific situations to recommend
approval, denial or modification.
3. Program Supervision /Operation - Actually oversee or operate particular
programs that are functioning.
* Mandated
Policy
Policy
Program
Advisory
Interpretation
Operation
• Community Development and Planning
x
x
Commission
Park Board
x
x
x
• Board of Appeals and Adjustments
x
Board of Construction Appeals
x
• Board of Review (Council as a whole)
x
Human Relations
x
x
Recycling Commission
x
Heritage Preservation Board
x
x
• Advisory Board of Health
x
Traffic Safety Committee
M
x
Art Center Committee
x
Edina Transit Committee
x
(Listed /Not active)
* Mandated
Memorandum
City Council
Page 2
Other City Related Committees:
Edina Citizen Safety Council
The Edina Foundation
Edina Historical Society
Athletic "Boards
Policy Policy Program
Advisory Interpretation Operation
x
x.
x
x -
The time and effort of the individuals on.these- committees has been extremely
valuable.
There are, however, areas where improvement could -be made in the committee operation
to make it even better. These areas are:
Council /Committee Direction - While some committees have a fairly good understanding
of their purpose and the function they are serving, others do not and often spend
time seeking a direction for themselves, sometimes to the frustration of the members
and the Council.
Relationships - While the relationship between the Council and the advisory
committees is not always well understood by some members, the relationship between
some committees and staff personnel is at best nebulous. Also, the relationship
of certain groups to the Council is unclear.
Understanding of the City Organization - Some committee members lack an understand-
ing of the overall picture of the City's function and their role within it.
Committee "System" - There presently exists no method by which boards are created
or cease operation on an ongoing basis as needs change.
Coordination of Policy Efforts - With the Vertical Process Management in operation
on the staff side, there is room to better coordinate staff, advisory and Council
efforts.
The balance of this memorandum will deal with ways to improve the system in three
general areas:
- Relationships of Council, committees and staff.
- Structure /Framework in which the committees function.
- "System" Operation - Handling such items as creation /termination of
boards, appointments process and committee member education.
Relationships
Council - Advisory - To strengthen this relationship, two ideas are proposed:
- The first is the establishment of a Council approved purpose statement for
each committee outlining the group's reason for existence. This is reviewed
by Council on an annual or biennial basis.
J r.
Memorandum
City Council
Page 3
- The second is that annually the Council give each committee a set of general
directions for that year that it wants the group to explore plus policy
guidelines the Council has developed with staff assistance on topics perti-
nent to the committee.
Advisory -Staff - More than anything, this relationship needs clarification and
this can be handled through the advisory member education discussed later.
This clarification is that the committees are advisory to the Council and that
staff personnel work with the committees, but that they work directly for the
City Manager and not for the committees. This clarification will assist in
avoiding difficult relationshps when staff and advisory recommendations before
the Council are in conflict.
Council /Advisory /Staff - The ongoing attendance of advisory representatives at
Council meetings is encouraged, particularly when the Council is acting on items
of committee concern and can strengthen communications between all three, plus
afford the committee an additional input during actual Council deliberations.
Structure /Framework - The proposal for structure can be handled in these ways:
- Retain Present Structure - Coordination of advisory as presently established
could be done by staff with Council direction.
System Operation
Composition - All appointments and creation and termination of bodies
would be by the Council. An open appointment /advertising process could
be utilized. Membership should be between 5 and 12 unless otherwise
mandated.
Terms - Membership on committees would be staggered 3 -year terms.
Education - Staff would develop an Advisory
the role and responsibilities of each membe
of the overall City operation, conflicts of
staff on a regular (quarterly, semi - annual)
1 1/2 to 2 hour advisory member educational
to further outline their responsibilities.
Committee Handbook outlining
r together with a description
interest, etc. In addition,
basis could put on a
program for new appointees
- Revised Structure #1 - This alternative structure would divide the committees
into three general areas closely aligned with the three areas (Community
Development, Public Safety, Human Services). Within each area there could be
four different types of "committees ".
- Mega Committee - Each area would have one group that would deal principally
with policy development and review.
Apart from the "mega committee. ", the following types of groups could be established
on an as- needed basis:
- Policy Interpretation (PI) - This group(s) would primarily serve to make
recommendations in applying Council policies to specific situations (Board
of Appeals, Planning).
Memorandum
City Council
Page 4
- Program Operations (PO) - These groups would be created and sustained to
oversee certain programs or operations where citizen involvement is
appropriate.
- Task Forces (TF) - These would be of specific duration and would recommend
specific policy proposals to the "mega committees" for further recommen-
dation to Council.
Each committee, except the Task Forces, would report directly to the Council.
(Task Forces would report to the "mega committees ".)
- Revised Structure #2 - The third optional structure combines features of both
the present and alternative #1. This would retain the present boards that the
Council desires to continue but would form "mega committees" in each of the
three areas composed of at least some of the members of present boards princi-
pally to do policy review. They would meet no more often than 4 or 5 times a
year to review pertinent policies in their area. When other boards are needed,
they can be formed in line with alternative #1. '
Community Development Public Safety Human Services
Community Development and Traffic Safety Park Board
Planning Commission Committee Human Relations Commission
(Park Board Advisory Board of Health
Board of Appeals and Adjustments Art Center Committee
Board of Construction Appeals
Board of Review
Recycling Commission
Heritage Preservation Board
"System" Operation /Revised Structures
In addition to the system operation proposed under the present structure, the
following features would also be included under the revised structures.
Composition - At least one "mega committee" member must be a member of each
PI, PO or TF.
Terms - Task Forces would have a term fixed for the group before they start.
KR:md
If time permits, other areas to be discussed:
Art
Recycle
Transit
Cable TV
Health
AGENDA
COMMUNITY SEMINAR
APRIL 21, 1979
COUNCIL CHAMBERS
8:45 a.m.
Introduction
9:00 -11:00 a.m.
Low-and Moderate Housing in Edina
11:00 -11:45 a.m.
Human Relations
11:45 -12:15 p.m.
Lunch
12:15 -1:00 p.m.
Park..Board:.*Issues
1:00 -1:30 p.m.
Energy
1:30 -2:00 p.m.
The Edina Foundation
2:00 -2:30 p.m.
"School Cooperation
If time permits, other areas to be discussed:
Art
Recycle
Transit
Cable TV
Health