HomeMy WebLinkAbout19830228_regular224
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
FEBRUARY 28, 1983
Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor
Courtney.
MINUTES of October 4, 1982, and February 7, 1983, were approved as submitted
by motion of Member Schmidt, seconded by Member Turner. I KENNETH NELSON COMMENDED FOR LONG TIME SERVICE TO CITY. Mr. Rosland commended
Mr. Kenneth Nelson for his many years of service to the City of Edina, beginning
with his volunteer service to the Fire Department in February of 1955.
began full time employment in April of 1956 with the Park Department and was
appointed to the Fire Department in July of 1962.
Cross instructor and EMT instructor for many years.
presented him with a silver pen bearing the Edina Logo.
his appreciation to the City Council.
PUBLIC HEARING CONDUCTED ON VERNON AVENUE IMPROVEMENTS. Affidavits of Notice
were presented by Acting Clerk, approved as to form and ordered placed on file.
Pursuant to due notice given, public hearing was conducted and action taken
as hereinafter set forth:
A. PERMANENT STREET SURFACING WITH CONCRETE CURB IS GUTTER AND SIDEWALK
Mr. Nelson
He has been an American Red
In appreciation, Mr. Rosland
Mr. Nelson expressed
NO. P-BA-259 IN THE FOLLOWING:
Vernon Avenue from Gleason Road to Londonderry Interchange
Mr. Rosland presented total estimated construction cost for Permanent Street
Surfacing with Concrete Curb & Gutter and Sidewalk No. P-BA-259 at $869,990.03,
proposed to be assessed against 3,743.85 assessable feet (Single Family) at
an estimated cost of $20.00 per assessable foot; 629 assessableunits (Multi Family)
at an estimated cost of $150.00 per assessable unit; 1,270 assessable feet
(Commercial) at an estimated cost of $40.00 per assessable foot.
ment is proposed to be assessed over a ten (10) year period; total estimated
cost to be assessed of $148,893.85 with the balance of the funds coming from
the Municipal State Aid (gas tax) account. Mr. Hoffman added that the areas
proposed to be assessed are those abutting the proposed street improvement.
However, notices were sent to all properties that would access this street
between Gleason Road and Londonderry Interchange.
to assess a portion of the improvement cost over the entire area. The proposed
project consists of constructing a new bituminous surface with concrete curb and
gutter the entire distance from Vernon Avenue to Londonderry Interchange. Addi-
tionally, a concrete sidewalk adjacent to the curb would be constructed on the
north and east side of the roadway, which ~ould be maintained by the City. The
proposed street would be 36 feet wide from Gleason Road to Habitat Court with
parking restricted on the south side. From Habitat Court to Londonderry Inter-
change, the proposed street would be 32 feet wide with no parking allowed on
either side. These dimensions are minimum widths required for use of Municipal
State Aid Funds. ‘The project would also include replacement-.of the current
structure over Nine Mile Creek, and-some minor storm.sewer installations.
Mr. Hoffman advised that eonstruction, if approved, could be accomplished in
1983, with the exception of a finishing seal coat which will be applied in
June, 1984.
ment due in 1985.
received regarding the proposed assessment district and the residents had been
informed that because of the vari’ations in types of property, i.e. single,
double and multiple dwelling units, church property, open space, etc. the
proposed total cost to be assessed would be between $148,893.85 and $220,027.00
depending on how the Council chose to spread the assessment. Mr. Hoffman noted
receipt of the following letters:
who stated they are opposed to curb and gutter on Vernon Avenue; Connie and
Robert Ogilvie, 6105 Lincoln Dr., who agreed the road needs resurfacing but
objected to concrete curb and gutter and sidewalk; Mr. and Mrs. Darrell D. Stark,
5924 Walnut Drive, who expressed their objection to assessing property owners
on streets that may have access to Vernon Avenue. Mr. Hoffman explained that
curb and gutter are required for use of Municipal State Aid Funds.
to Member’Bredesen as to why Vernon Avenue was selected for State.Aid Funds,
Mr. Hoffman stated that Vernon Avenue is one of two chosen (the other being
50th Street) which are in the poorest condition.
Court, spoke in favor of the improvement but questioned whether emergency
vehicles would be able to get through. Mr. Hoffman indicated they would be
able to during the road construction with the only problem being during the
bridge replacement over Nine Mile Creek, but in an emergency a temporary passage
could be graded through. George Jenos, 6143 Artic Way, said he represented
This improve-
I The City Council may chose
.-
Assessments would then be levied in 1984 with the initial install-
He indicated that a number of telephone calls had been
Clayton and Jeanne Nitz, 6016 Tamarac Ave.,
In response
Dr. William Price, 61Q5 Habitat
21 281 83
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some 40 homes on Artic Way and Polar Circle, and those residents would like to
go on record that if the improvement is cokstructed as proposed they have no
objection to it.
following resolution and moved its adoption:
No further discussion being heard, Member Bredesen offered the
RESOLUTION ORDERING IMPROVEMENT NO. BA-259
BE IT RESOLVED by the Council of the City of Edina, Minnesota that this Council
heretofore caused notice of hearing to be duly published and mailed to owners
of each parcel within the area proposed to be assesson the following proposed
improvement :
A. CONSTRUCTION OF PERMANENT STREET SURFACING, CONeRETE CURB & GUTTER, AND
SIDEWALK IN THE FOLLOWING:
Vernon Avenue from Gleason Road to Londonderry Interchange.
and at the hearing held at the time and place specified in said notice, the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts, does hereby determine to proceed with the con-
struction of said improvement, including all proceedings which may be necessary
in eminent domain for the acquisition of necessary easements and rights for con-
struction and maintenance of such improvement; that said improvement is hereby
designated and shall be referred to in all subsequent proceedings as PERMANENT
STREET SURFACING, CONCRETE CURB AND GUTTER AND SIDEWALK IMPROVEMENT NO. BA-259
and the area to be specially assessed for a portion of the cost of the proposed
improvement includes:
Lots 1 thru 5, Block 1, Gleason Third Addition; Lots 1 thru 3, Block 1, Outlots A
thru D, Gleason Fifth Addition; Lot 1, Block 1, Gleason First Addition; Lots 1
thru 10, Block 1, Viking Hills; Lots 1 thru 4, Block 1, Lots 1 thru 12, Block 2,
Lots 1 thru 8, Block 3, Viking Hills'2nd Addition; Lots 1 thru 8, Block 1,
Lots 1 thru 13, Block 2,' Vikings Hills 3rd Addition; Lots 1 thru 5, Block 1,
Lots 1 thru 8, Block 2, Lots 1 thru 4, Block 3, Lots 1 thru 11, Block 4,
Gleason Second Addition; Lots 1 and 2, Block 1, Lots 1 and 2, Block 2, Gleason
Fourth Addition; Outlot A, Gleason Third Addition; Lots 1 thru 13, Block 1,
Walnut Ridge; Lots 1 thru 6, Block 1, Lots 1 thru 6, Block 2, Lots 1 thru 12,
Block 3, Walnut Ridge First Addition; Outlot Cy Walnut Ridge Third Addition;
Lots 1 thru 3, Block 1, Crosstown Hill; Lots 1 thru 9, Block 1, Hansen-Martinson
First Addition; Lots 1 thru 14, Block 1, the Habitat; Lot 1, Block 1, Edina
Westland (Apartment Ownership No. 29, Edina West, A Condominium); Lots 1 thru
7, Block 1, Manor Homes of Edina; Tract A and By R.L.S. 1145; Tract A and By '
R.L.S. 1378; West 150 feet of that part of Lot 23, lying east of a line
running north from a point in south line of Lot 23, a distance 676.3 feet
east from southwest corner thereof and parallel with the west line thereof
and lying north of highway, Aud. Subd. No. 196; Commencing at the Southeast
Corner of SEk of SWk thence north to center line of State Highway 169 thence
Southwesterly along said center line to a point 30 feet east measured at right
angles from the west line of the E% of SEk of the SWk thence south to the south
line thereof then east to beginning exeept road,
21; That part ofLot 4lying west of the east 16.5 feet and south of the north
1.9.5 feet thereof and east of Naas Lake Side Addition except highway Aud. Subd.
No. 196; That part of Lot 23 lying west of a line running north from a point in
the south line of Lot 23, a distance 676.3 feet east from southwest corner
thereof and parallel with west line thereof and lying north of highway, Aud.
Subd. No. 196.
Motion for adoption of the resolution was seconded by Member Schmidt.
Rollcall:
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
Section 31,.Township 117, Range
Member Bredesen then offered the foldowing.resolutiqn and moved its adoption:
RESOLUTION RELATING TO PARKING RESTRICTIONS
ON VERNON AVENUE
WHEREAS, the City of Edina has planned the improvement of M.S.A.S. 161 (Vernon
Avenue) from Gleason Road to Londonderry Interchange; and
WHEREAS, the City will be expending Municipal State Aid Funds on the improvement
of this Street; and
WHEREAS, this improvement does not provide adequate width for parking on both
sides of the street, approval of the proposed construction as a Municipal State
Aid Street project must therefore be conditioned upon certain parking restric-
tions; and
WHEREAS, the extent of these restrictions that would be a necessary prerequisite
to the approval of this construction as a Municipal State Aid project in the
City has been determined;
NOW, THEREFORE, BE IT RESOLVED that the City of Edina shall restrict the parking.
to motor vehicles on the South side of M.S.A.S. 161 (Vernon Avenue) from Gleason
Road to Habitat Court; and shall restrict the parking to motor vehicles on both
sides from Habitat Court to Londonderry Drive.
2/28/83
226
Motion for adoption of the resolution was seconded by Member Schmidt.
Rollcall:
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
GITTLEMAN CORPORATION/LElJIS RIDGE CONDOMINIUMS 1ST READING REZONING TO PRD-3 AND
PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Acting Clerk,
approved as to form and ordered placed on file. Mr. Hughes presented the
petition of Gittleman Corporation for zoning change from R-1 Residential District
to PRD-3 Planned Residential District and for preliminary plat approval for
property generally located west of Cahill Road and north of Dewey Hill Road.
Mr. Hughes advised that the subject property measures 11.65 acres and is zoned
R-1 Single Family Dwelling District.
Oaks Apartments, to the south is Lewis Park, to the west is a 70 foot wide park
strip which separates the site from single family lots on Lanham Lane and to the
east is a vacant parcel.
of the site for "medium density residential" (density range of 6-12 dwelling units
per acre) and the westerly one-third of the site is designated for public park and
open space purposes. The preliminary development plans submitted in support of
the rezoning request illustrate two condominium buildings which contain a total
of 108 units with under building and surface parking provided in numbers which
conform to City requirements.
minium buildings are very similar in shape and height but more compact than
Mr. Gittleman's development south of Dewey Hill Road. Access to this property
has been provided by way of a pre-existing easement across the northerly portion
of Lewis Park, which will provide permanent access in that Amundson Avenue has
been deleted from the Comprehensive Plan based upon Council action several years
ago,
years ago by the Lanvesco Corporation when the issues focused on the construction
of Amundson Avenue, the dedication of the area lying west of Amundson Avenue for
park purposes and the requested density.
construct hundson Avenue, it concluded that the area lying west of Amundson
should nevertheless be dedicated for park purposes, and though Lanvesco received
prelinary rezoning approval, they did not pursue final approval. Mr. Hughes .
pointed out that the preliminary plans now submitted by Mr. Gittleman propose a
reduced park and open space dedication of 200 feet, which coupled wlth the 70 foot
wide park strip which now exists will result in a 270 foot wide buffer strip
between the condominium property and the single family lots on Lanham Lane. + Mr. Hughes advised that Staff recommends approyal of'the rezoning request and
preliminary plat approval for the proponent's condominium project Lewis Ridge
citing the Gittleman project at Dewey Hill Road and Cahill Road as a premier
example of multiple residential housing compatibly located in a low density
single family setting; that the preliminary plans submitted for Lewis Ridge
indicate a development which appears to closely parallel the quality of Dewey
Hill Condominiums. Staff believes that the style, mass, height, and density
is appropriate and that the project will be an asset to the neighborhood and City.
The Community Development and Planning Commission approved the rezoning and
preliminary plat at its meeting of February 9, 1982. Mr. Melvin Gittleman,
of Gittleman Corporation, was present and presented graphics of the proposed
development showing area, site, grading, parking, building, site profile and
landscaping plans. He pointed out that of the 11.65 acre site, 1.9 acres or
16% will be for buildings, 1.6 acres or 14% will be blacktop areas and 8.15 acres
or 70% of the site will be green areas including the ponding area, and that the
108 dwelling units proposed equates to 9.9 units per acre.
parking spaces provided equivalent to 2.19 spaces per unit of which 156 spaces
would be within the buildings. Of the condominium units 72 would be one-bedroom
containing 1,191 square feet and 36 units would be two-bedroom with 1,684 square
feet each; 54 units in each building. Each unit would.have .a wood burning fire-
place, bay windows extending out 3 feet in the living room, a 3-season porch
and self contained laundry and would market at $125,000~to.$175,000.
entertainment center would connect the two buildings containing swimming pool,
whirlpool, sauna, exercise room, lounge and three guests suites. The buildings
would be contemporary in style, all brick with overlapped horizontal cedar
siding on the overhang of the roof and use of quantities of glass. Mr. Gittle-
man added that a park dedication of 200 feet is proposed which together with
the existing 70 foot wide existing park would provide a 270 foot buffer strip
between the condominium development and the single family residences to the West.
A site profile graphic illustrated that the rear of the closest residence,
7209 Lanham Lane, would be approximately 360 feet from the point of the West
condominum building with an 11-foot differential in height, 'providing a very
desirable view line for residents in the single family homes.
that foof lines would completely canceal all roof top air-conditioning and.. .,
To the north of the property is Braemar
The Comprehensive Plan designates the easterly two-thirds
Mr. Hughes continued that the proposed condo-
Mr. Hughes recalled a similar zoning request for this property about five
Although the Council decided not to
I
There will be 236
A one-story
He explained
.,
* 2 1.28 / 83
cooling systems; that the road has been extended on the West side to comply
with City ordinances which require access be provided for fire/emergency equip-
ment to at least one side of every extension of a building. Mr. Gittleman
noted that the surface parking is distributed around the drive and that land-
scaping plans for the West parking area will provide 40 mature spruce trees
of 30 to 40 feet in height to screen it from the single family residences.
the record, Mr. Gittleman stated that all proposed plans as presented to the
Community Development and Planning Commission were also mailed to neighbors in
the adjoining area so that they would be informed of the proposed development.
Representing the Lewis Park Neighborhood Association, Mr. Steve Winnick,
7117 Lanham Lane, voiced several concerns: 1) that the buffer area between
the proposed development and the single family homes is too narrow and does not
respect the setbacks from the Lanham Lane residences that have been established
by the Braemar Oaks and Oak Glen developments to the North and is not in accord
with the Comprehensive Plan, 2) that the density should be reduced, 3) that
the parking area on the West side will be visable, and 4) that the developer
provide some landscaping in the parkland. In response, Mr. Gittleman stated
that if, after berming and landscaping, the West parking area cars and/or head-
lights were still visible by the Lanham Lane residents that he would move the
parking area. Member Turner questioned why Council had, when considering the
Lanvesco proposal five years ago, identified the property West of Amundson Avenue
for parkland dedication with Amundson being the demarcation line.
recalled that the western one-third was to be dedicated as a trade off for the
transition from single family residential to multi-family units to the East to
provide a buffer area and that it should be consistent as the various parcels
were developed, starting with the-property to the North. Regarding density
reduction, Mr. Gittleman explained that for a developer to build a top quality,
well landscaped development on this site in the proposed price range, that the
buildings could not be moved further to the East and even if reduced by 8 or 10
units, in order to provide the necessary green open areas it still would have
to be located on the same property line to do the development properly.
Henneberg, 7220 Tara Road, questioned if the tennis court area would be screened
and Mr. Gittleman responded that it would be. Mr. Lowell Swanson, 7109 Lanham
Lane, observed that all the undeveloped parcels abutting Cahill Road should be
taken into consideration when considering density for this development. Member
Turner commented that the issue of the park buffer is important when looking at
a transition from single family homes to mdti-family buildings, but that she
has concluded that it is'adequate as proposed. Member Richards voiced opposition
to the zoning change and preliminary plat as proposed, stating the density should
be reduced. Member Schmidt also stated her concern regarding the buffer area
but would support the rezoning if Mr. Gittleman would commit to moving the West
parking area if it became a prhblem. Mayor Courtney commented'that the proposed
development had been enthusiastically approved by the Planning Commission.
further comments being heard, Member Bredesen stated he felt that this is a
reasonable proposal for the site, that it is well designed and is responsive to
the concerns of the neighboring residents and offered Ordinance No. 811-Al70 for
First Reading as follows:
For
Member Richards
Mr. Duane
No
ORDINANCE NO. 811-A170
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
BY REZONING PROPERTY TO PRD-3 RESIDENTIAL DISTRICT
FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
THE CITY COUNCIL OF EDINA, MINNESOTA ORDAINS:
Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is
"The extent of the Planned Residential District (Sub-District PRD-3 ) is
That part of the Southwest Quarter of the Northeast Quarter, Section 8,
Township 166, Range 21, described as follows: Commencing at the inter-
section of the West line of said Southwest Quarter of the Northeast Quarter
and the Easterly extension of the North line of Lot I, Block 2, Kemrich
Knolls; thence North along the East line of said Southwest Quarter of the
Northeast Quarter a distance of 198.99 feet to the actual point of beginning
of the land to be described; thence Easterly at right angles to said West
line of the Southwest Quarter of the northeast Quarter a distance of 82 feet;
thence Southeasterly, a deflection angle of 45' 00' degrees to the right,
to an intersection with a line running Southwesterly .from the Southeast
corner of Outlot A, Braemar Oaks, at an angle of 73O10' 02" as turned
counter clockwise from the Southwest corner of said Outlot A; thence
Northeasterly, along said line running Southwesterly from the Southeast
corner of Outlot A, to an intersection with a line 818 feet North of and
parallel with the South line of said Southwest Quarter of the Northeast
Quarter; thence East along said line 818 feet North of and parallel with
the South line of said Southwest Quarter of the Northeast Quarter to a
enlarged by adding the following thereto:
enlarged by the addition of the fdlowing property:
2/28/83
228
P.
i
point 331.95 feet West of the East line of said Southwest Quarter of the
Northeast Quarter; thence Northerly parallel to the East line of said
Southwest Quarter of the Northeast Quarter to the South line of the North
30.0 feet of said North line of the Southwest Quarter of the Northeast
Quarter; thence East parallel with the North line of the Southwest Quarter
of the Northeast Quarter to the East line of said Southwest Quarter of the
Northeast Quarter; thence North along the East line of said Southwest
Quarter of the Northeast Quarter a distance of 30.0 feet to the Northeast
comer of said Southwest Quarter of the Northwest Quarter; thence West along
the North line of said Southwest Quarter of the Northeast Quarter to the
Northwest corner of said Southwest Quarter of the Northeast Quarter; thence
South along the West line of said Southwest Quarter'of the Northeast Quarter
to the point of beginning.
Sec. 2.
and publication.
Member Bredesen then offered the following resolution and moved its adoption:
I This ordinance shall be in full force and effect upon its passage
RESOLUTION GRANTING PRELIMINARY PLAT
APPROVAL FOR'LEWIS RIDGE I
BE IT RESOLVED by the Edina City Council that that certain plat known as Lewis
Ridge, platted by Gittleman Corporation, and presented for preliminary plat
approval at the Edina City Council Meeting of February 28, 1983, be and is hereby
granted preliminary plat approval.
Motion for adoption of the resolution was seconded by Member Turner. * e-
Rollcall :
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays : Richards
Resolution adopted.
-.
HEDBERG & SONS/HEDBERG PARKLAWN ACRES REZONING TO POD AND PRELIMINARY PLAT
CONTINUED-.. As recommended by Mr. Hughes, Member Richard's motion was seconded
by Member Schmidt, to continue the public hearing on the Hedberg & Sons request
for rezoning and preliminary plat approval to March 7, 1983. .
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
JOHNSON BUILDING CO. REZONING TO PRD-2 GRANTED FIRST READING. Affadavits of
Notice were presented by Acting Clerk, approved as to form and ordered placed
on file. Mr. Hughes presented the petition of Johnson Building Co. for zoning
change from R-1 Residential District to PRD-2 Planned Residential District for
4600 France Avenue So., recalling that two previous rezoning requests had been
considered, first a 13-unit townhouse plan that was denied and secondly a
10-unit plan that was also denied.
new plans be prepared that would conform with the density requirement of the
Comprehensive Plan which indicated a maximum of 7 units on the site. He stated
that the developer has now returned with a 7-unit proposal, with all units now
facing France Avenue. Mr. Hughes added that the proposed plan complies with the
zoning ordinance requirements with one exception: a 35 foot setback is required
by the ordinance from all property lines and a 20 foot setback is requested from
the north and south lot lines. Staff would now recommend rezoning to PRD-2
Planned Residential District subject to the following conditions: 1) Final re-
zoning is conditioned upon an acceptable overall development plan, 2) Final
replatting, and 3) Granting of setback variance by the Board of Appeals and .
Adjustments. Mr. Hughes advised that Mr. Mike Klein, of the Johnson Building
Company, was present to answer any questions.
Member Schmidt regarding the neighbor's concern about the driveway location,
Mr. Klein indicated a drive-through that would handle two way traffic is proposed.
No further discussion being heard, Member Schmidt offered Ordinance No. 811-A-171
for First Reading as follows, with the condition that Second Reading be granted
only upon submission by the developer g$ an acceptable overall development plan,
final replatting, and approval of the setback variance by the Board of Appeals
and Adjustments :
On both occasions Council had suggested that
In response to question of
ORDINANCE NO. 811-A-171
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
BY REZONING PROPERTY TO PRD-2 RESIDENTIAL DISTRICT
FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
THE CITY COUNCIL OF EDINA, MNNNESOTA ORDAINS:
enlarged by adding the following thereto:
enlarged by the addition of the following property:
Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is
"The extent of the Planned Residential District (Sub-District PRDy2 is
Lots 1 and 2, Auditors Subdivision 172.
Sec. 2. This ordinance shall be in full force and effect upon its psasage
and publication.
!
I, 2/28/83
.I
229
ORDINANCE NO. 811-Al69; ADDING AEROBIC DANCE STUDIOS TO OFFICE BUILDING DISTRICT
ADOPTED WITH SECOND READING WAIVED. Affadavits of Notice were presented by
Acting Clerk, approved as to form and ordered placed on file. Mr. Hughes pre-
sented the request of Maxilyn Ferris for amendment of the Zoning Ordinance to
permit an "exercise fitness studio" in the building at 76th and York which is
zoned Office Building District.
aerobic dance studios in the C-1 Commerical District and the Planned Industrial
District. With these amendments the Office Building District essentially became
the only non-residential district in which aerobic dance studios were not speci-
fically allowed. In light of these referenced amendments to the C-1 and PID
Districts, staff can see no reason why aerobic dance studios should not likewise
be allowed in the Office Building District and would recommend approval with
waiver of second reading. Mr. Hughes notes that the proponent was present to
answer any questions of Council.
the following ordinance for First Reading, with waiver of Second Reading and
moved its adoption:
In 1980 the Zoning Ordinance was amended to permit
*
No comments being heard, Member Richards offered
ORDINANCE NO. 811-A169
AN ORDINANCE AMENDING THE ZONING ORDINANCE (No. 811) BY
ADDING AEROBIC DANCE STUDIOS AS A PRINCIPAL USE IN THE
OFFICE BUILDING DISTRICT
THE CITY COUNCIL OF THE CITY OF EDINA; MINNESOTA, ORDAINS:
District) of Ordinance No. 811 is hereby amended by adding a new subparagraph (6),
as follows:
Section 1. Subparagraph (a) of Paragraph 2 of Section 8 (Office Building
(6) Aerobic Dance Studios
Sec. 2. This ordinance shall be in full force and effect upon its passage
and publication.
Motion for adoption of the ordinance was seconded by Member Schmidt.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Ordinance adopted.
ATTEST: .
3?47%, ML/
Acting City Clerk
HEARING DATE SET FOR YEAR IX COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET. As
recommended by Mr. Hughes, Member Bredesen's motion was seconded by Member Turner
setting hearing date of March'21, 1983, for Year IX Community Development Block
Grant Budget.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
LOT 1, BLOCK 1, GRAYTOWER ESTATES EASEMENT VACATION.HEARING:CONTINUED..Affidavits
of Notice were presented by Acting Clerk, approved as to form and ordered placed
on file.
Block 1, Graytower Estates, for the purpose of constructing a tennis court,
pointing out that the easement document of record provides a clause which allows
the property owner to request use of the easement area. Because this is the.
first request of this type of easement vacation, Mr. Hoffman advised that this
request should be reviewed as a policy decision on scenic easement setbacks from
ponds and lakes; that this document is a forerunner of all current scenic ease-
ments which basically discourage ,any encroachment on the easement area.
that this type of vacation request usually has no bearing on the City utility or
street system?and there is no concern regarding water storage. -Staff would .I
recommend one of two'alternatives: I) continue to review this .type-of request on
an individual basis, or 2) adopt a general policy which reaffirms the scenic .
easement 1anguage.which suggests no encroachment of man-made structures. Member
Schmidt commented that granting this easement vacation could set a precedent
for future petitions.
to evaluate encroachments on easements for-scenic-as well as. flood plains purposes
and would not be adverse to removing the scenic requirement.
stated that he would consider recreational purposes an appropriate use of flood
plain lands as he did not feel a property owner should be asked to hold part
of his land for public use. Member Richards then moved to continue the vacation
hearing to March 7, 1983, so that the property owner could be contacted to
determine if he could relocate the proposed tennis court so there would be no
encroachment on the easement. Motion was seconded by Member Schmidt.
Mr. Hoffman presented the petition for easement vacation for Lot 1,
He added
Member Bredesen stated that he would find it difficult
Member Richards
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
2/28/83
CIVIL DEFENSE SIREN BID AWARDED. Mr. Rosland presented tabulation of bids for
a civil defense siren, which had been rebid as directed by Council, showing
Electric Service Company of Minneapolis low bidder at $7,400.00, Tommy's Fire-
house Associates at $8,498.00 and Whelen Engineering Company, Inc. at $8,950.00.
Member Schmidt's motion was seconded by Member Turner for award of bid to recom-
-4 .- mended low bidder Electric Service Company of Minneapolis.
Ayes: Bredesen, Richards, Schmidt, Turnex, Courtney
Nays: None *
Motion carried.
I PUBLIC HEALTH NURSING CONTRACT - 1983 AWARDED. Mr. Rosland recalled that Council
has considered bids for the Public Health Nursing Contract for 1983 in December,
1982, and because of some question as to how the specifications were written had
rejected the bids and directed that the Contract be negotiated between the
.~ -. '
Metropolitan Visiting Nurse Association (MVNA) and Bloomington Public Health
Nursing Services (BPHNS). He explained that after meeting with both groups,
.NS& have agreed to set a maximum cost of $80,816 and an anticipated cost of
$77,195 based on previous usage.
Suburban to incorporate the strengths of both MIW7 and Suburban; Also, that individuals seeking diagnostic assistance for selected ailments would need to
go to downtown Minneapolis, and that MVNA's other clinic sites would be in St.
Louis Park and Hopkins, with screening services for Seniors' Clinics to be
provided at Methodist Hospital. BPHNS were able to reassess the price they
previously formulated and was able to reduce its contract proposal to $78,700
for 1983. This would be a flat rate, minimum/maximum contract price to Edina.
Both agencies are willing to enter into contracts for two years or longer with
a five percent inflationary clause and a baseline cost tied to service utiliza-
tion. Staff would recommend that the contract be awarded to Bloomington for
one year at $78,700. Maggie Thwihg, representing MVNA, stated that their bid
of $77,195 was based on fee for service on a utilization estimated to be similar
to that for 1981 for Edina, and if utilization goes down as it did in 1982 for
home nursing services, their bid would relect such reduction. They had provided
a cap as requested by Council. Yvonne Hargens, of BPHNS, clarified that for
the five years prior both Richfield and Edina wexe even as to'amount of time::' :
spent and collections for public health nursing services, but that in 1982
Edina gained in collections and with this latest data BPHNS would have needed
to renegotiate at a lower price. In addition to utilization reduction for
home health services, she pointed out that utilization went up for children
health services and adult clinic services in Edina primarily because of new
facilities and visibility.
location of clinics, Ms. "wing pointed out that immunization clinics would be
held in Edina, as would parent education groups and Senior's seminars. Member
Schmidt expressed thanks to Ms. Linda Bjerke of the Health Advisory Board for
her time and effort in the negotiating process.
award of Public Health Nursing Services Contract to BPHNS for 1983 was seconded
by Member Turner.
It was learned that MVNA has merged with
In response to Member Turner's concern regarding
Member Schmidt's motion for
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
STEEL INVENTORY BID AWARDED. Mr. Rosland presented tabulation of bids for
assorted steel showing Paper Calmenson & Company low bidder at $9,987.04,
McNeilus Steel, Inc. at $11,290.86, Bloom Iron & Metal Company at $11,281.10
and Williams Steel & Hardware at $12,991.15.
by Member Schmidt for award to recommended low bidder Paper Calmenson & Company.
Member Turner's motion was seconded
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
TRAFFIC SAFETY COMMITTEE MINUTES OF 2-22-83 REVIEWED. Member Bredesen's motion
was seconded by Member Turner for approval of Section A and accepting Sections
B and C of the Traffic Safety Committee Minutes of February 22, 1983.
Ayes: Bredesen,. Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
50TH STREET IMPROVEMENT/REPORT NO. 1 REVIEWED. Mr. Hoffman presented Report
No. 1 on 50th Street Improvement, stating that the Engineering Department is
proposing a public hearing on improving West 50th Street between Halifax Avenue
and Highway 100 but that there would be procedural problems with the use of
Municipal State Aid Funds for this improvement.
daily traffic of 15,000f vehicles per day.
West 50th Street has an average
To use Municipal State Funds withour -. --
I 1
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i , I .,
2/28/83 . r: I
231
a variance, a 52-foot width would be required as well as No Parking Any Time
restrictions on the street.
the 52-foot width requirement. Possible alternate widths suggested are: 1) a
four foot variance on the Wooddale to Highway 100 segment. This would result
in a 48 foot width with four 11-foot lanes and 2 foot gutter sections each side;
2) a 8 foot variance for the Wooddale to Halifax segment. This would result in
a 44 foot section with four 10-foot lanes and 2 foot gutter sections each side.
The resulting width would require removal of the boulevard section on one side
and the north side is suggested due to existing conditions on that boulevard.
Mr. Hoffman stated that State Aid personnel at the Minnesota Department of
Transportation have been approached with this suggested width variance and it
appears that the request might receive favorable action.
would be to conduct a State Aid project only on the segment west of Wooddale to
Highway 100 and conduct an overlay project on the Wooddale to Halifax Avenue
segment without State Aid Funds. Member Schmidt indicated she would not favor
widening West 50th Street but agreed that it is in need of replacement and
suggested that the Country Club District could possible be assessed for a part
of the cost. Mayor Courtney said he felt there would be muchopposition to
widening the street.
as it would increase traffic and speed and favored seeking variances. Member
Turner questioned whether the City would have the flexibility if the variance
were denied to request a reduced variance.
would be granted this spring, but that a second amended variance would likely
not be heard until the fall so the improvement would be delayed until 1984.
Member Richards commented that if the City seeks a variance, it should be for
widths that stand a chance of being granted. Member Turner agreed that the
street needs replacement that she would support asking for a variance at the
present 40 foot width. Member Bredesen's motion was seconded by Member Turner
that the City seek by resolution a variance from the State for the improvement
at the present 40 foot width.
and the motion was defeated. Mr. Rosland suggested constructing the segment
from Highway 100 to Wooddale by widening and using Municipal State Aid Funds
and then constructing the segment from Wooddale to Halifax at the present'
40 foot.width and:designating an.:assessment district. After further discussion
Member Schmidt offered the following resolution and moved its adoption:
WHEREAS, the City of Edina wishes to improve West 50th Street from Highway 100
to Halifax Avenue, and
WHEREAS, the City wishes to use Municipal State Aid Funds for this improvement
project, and
WHEREAS, State geometric standards require a 52-foot wide roadway, and
WHEREAS, the City of Edina feels this is not in keeping with the character of
the area;
NOW THEREFORE, BE IT RESOLVED that the City Council of Edina requests variances
be granted from the 52-foot wide street to the following:
Staff would recommend the City seek a variance to
Only other alternative
Member Bredesen stated that he would not support widening
Mr. Hoffman stated that one hearing
Rollcall vote showed two ayes and three nays
Resolution
4 foot variance on West 50th Street from Highway 100 to Wooddale Avenue
(52 feet to 48 feet)
(52 feet to 40 feet).
12 foot variance on West 50th Street from Wooddale Avenue to Halifax Avenue
Motion for adoption of the resolution was seconded by Member Richards.
Rollcall :
Ayes: Richards, Schmidt, Turner, Courtney
Nays : Bredesen
Resolution adopted.
BOARD AND COMMISSION APPOINTMENTS; APPROVED. As recommended by Mayor Courtney,
Member Richards' motion was seconded by Member Turner, for appointment of the
following to the various Board and Commissions:
ning Commission (3 yr term to 2-1-86): William W. Lewis, James H. Bentley,
Gordon Johnson and Philip N. Sked; Park Board (3 yr term to 2-1-86): Douglas E.
King, William M. Lord and Virginia Shaw; Board of Appeals SI Adjustments (1 yr
term to 2-1-84): Michael Lewis; Clark Miller, John L. Senior, Jr. and Rosemary
Utne; Building Construction Appeals Board (3 yr term to 2-1-86): Quentin A Collins
and Eugene P. Palmer; Human Relations Commission (3 yr term to 2-1-86): Patricia
Llona, Frederic Nelson, Father John Bauer, Phyllis Wagner and Sanford Berman;
South Hennepin Human Services Council (2 yr term to 2-1-85): Sally Tang and
Leslie Turner; Recycling Commmission (2 yr term to 2-1-85): Virginia Bodine,
Nancy Grimsby and Timothy J. Worrell; Advisory Board of Health (2 yr term to
2-1-85): Dr. Stephen Sinykin, Dr. Walter Wilder, Clemens Peterson, Joyce Omehian-
chuck, Marjorie Hogenson and Holly Branch; Heritage Preservation Board (2 yr term
to 2-1-85): Thomas Martinson, Frank Thorpe and Lois Wilder; Art Center Committee
Hale.
.
Community Development and Plan- *
- (3 yr term to 2-1-86): Carol Bermel, Arthur H. Dickey, Donna Skagerberg and Sharon
2/28/83
232
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
SOUTH HENNEPIN HUMAN SERVICES ANNUAL MEETING; COMMUNITY TASK FORCE MEETINGS
NOTED.
Hennepin Human Services on March 23rd and to the Community Task Force on Chemical
Abuse weekly meetings held on Thursday mornings.
Council's input before the last meeting of the Task Force.
RESOLUTION REGARDING VERNON AVENUE SPEED LIMIT DISCUSSED. Member Turner asked
about the progress of the Council resolution submitted to the State Department
of Transportation regarding the Vernon Avenue Speed Limit.
he would report on the matter at the next meeting. No action taken.
ShLL TEMPORARY SIGNS FOR EXPO 83 TO BE PERMITTED. Mr. Rosland presented the
request of Mr. Dick Wyatt, Chairman of Edina Expo 83, to allow special use of
a mobile sign board at the Edina Community Center for the event. Staff would
recommend that the special use be denied as such use would be in violation of
the City sign ordinance, and would recommend that three or four small temporary
signs at key locations be used which would be permitted under the ordinance.
Mr. Rosland suggested that a request be made to The Edina Foundation to fund
one or two signboards similar to the one located at City Hall on which announce-
ments could be placed when requests are received from various community organ-
izations. Motion of Member Schmidt was seconded by Member Turner to deny the
request for special use of a mobile sign board for Expo 83 and to approve the
recommendation of small temporary signs at key locations.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
Member Turner called Council's attention to the annual meeting of South
-. She stated she would request
No action taken. I Mr. Hoffman said
-
COACH WILLARD IKOLA RESOLUTION OF COMMENDATION ADOPTED. I--. Rosland advised
that Coach Willard Ikola will be honored for .25 years of service as Varsity
Hockey Coach on March 29, 1983, and would recommend adoption of a resolution
of commendation to include naming the street from Braemar Boulevard up to the
front of Braemar Arena as "Ikola Way". Member Schmidt thereupon offered the
following resolution and moved its adoption:
WHEREAS, between 1958 and 1983, Willard J. Ikola has served as the Edina High
School Varsity Hockey Coach, and in twenty-five hockey seasons has compiled
an admirable record of 476 wins, 97 losses and 33 ties, for an outstanding
percentage of .831; and
WHEREAS, during those twenty-five years, Willard J. Ikola had a winning record
for twenty-four of those years, acquiring the Lake Conference Championship
eighteen times and the Region Six Championship fifteen times; and
WHEREAS, during his tenure as Edina High School Varsity Hockey Coach, Willard
J. Ikola entered fifteen teams in the Minnesota State Hockey Tournament,
winning State Championships in 1969, 1974, 1978, 1979 and 1982; and
WHEREAS, over the years of Coach Ikola's coaching career at Edina High School,
250 different boys were fortunate to letter in varsity hockey, to gain in
super proficiency in the sport and to share his spirit of fair play; and
WHEREAS, Coach Ikola is recognized as the second winningest coach in the
history of hockey in the State OS Minnesota;
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council, on behalf of the
Edina Citizenry as a whole, does hereby thank
for his many years of successful coaching in the City of Edina and do wish
him every happiness, good health and success in the years to come; and
BE IT ALSO RESOLVED that the roadway that passes in front of Braemar Arena
be named IOKLA WAY; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the pages
of the Minutes Book of the Edina City Council and that an appropriate copy be
presented to him.
Motion for adoption of the resolution was seconded by Member Turner.
RESOLUTION OF CONGRATULATIONS .
COACH WILLARD J. IKOLA
Rollcall:
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
!
2/28/83
233
ORDINANCE NO. 901-AlO INDOOR RECREATIONAL FACILITY-SALE OF BEER ADOPTED; SECOND
READING WAIVED. Mr. Rosland advised that: following action taken by Council at
the last meeting reaffirming the present ordinance policy that no beer consump-
tion be allowed in the City parks, Attorney Erickson has recommended an ordinance
amendment to clarify and define the requirements which would allow issuance of
on-sale beer 1icense:to the golf clubhouse and/or other indoor recreational
facilities. Member Richards offered Ordinance No. 901-A10 and moved its adoption
waiving Second Reading as follows:
ORDINANCE NO. 901-A10
AN ORDINANCE AMENDING ORDINANCE NO. 901 TO
ALLOW ON-SALE LICENSES FOR SALE AND
CONSUMPTION OF NONINTOXICATING MALT LIQUOR
IN GOLF COURSES AND INDOOR RECREATIONAL
FACILITIES IN PUBLIC PARKS
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph (b) of Section 13 of Ordinance No. 901 is hereby
amended to read as follows:
"(b) On-sale licenses shall be granted only to private clubs which have been
incorporated for more than ten years and which own and operate club houses for
their members in which the serving of such liquor is incidental and not the major
purpose of such club, to regularly established restaurants? to golf courses, in-
cluding golf courses which are a part of or within a public park, to indoor
recreational facilities shich are a part of or within a public park, and to bowl-
ing alleys; provided, that no license may be granted to any person under 19 years
of age, or to any person convicted of any wilful ciolation of any law of the
United States or the State of Minnesota, or any local ordinance, with regard to
the manufacture, sale, or distribution of intoxicating liquor. No on-sale license
shall be granted to any such restaurant, club, golf course, indoor recreational
facility, or bowling alley, if such restaurant, club, golf course, indoor recrea-
tional facility, or bowling alley has not been in operation at that place for at
least 6 months immediately preceding such application; provided, however, that
the council may waive said requirement of 6 months' operation by a 4/5 vote."
read as follows:
tional hall or center, dance hall or place where dancing is permitted, or other
place of public gathering for the purpose of entertainment, amusement, or playing
of games, except golf courses, indoor recreational facilities which are a part
of or within a public park, and bowling alleys. No license shall be granted for
sale op any premises where a license hereunder has been revoked for cause for at
least one year after such revocation? except that on unanimous vote of the council
such license may be granted at any time after such revocation."
Sec. 2. Paragraph (c) of Sec. 13 of Ordinance No. 901 is hereby amended to
"(c) No on or off-sale license shall be granted to any theatre, recrea-
Sec. 3. Sec. 19 of Ordinance No. 901 is amended to read as follows:
"Sec. 19. Place of Consumption. No intoxicating or nonintoxicating malt
liquor shall be consumed in a public park, on a public street;or in any public
place; provided, however, that nonintoxicating malt liquor may be consumed,
subject to the other provisions of this ordinance, (i) inside the clubhouse of
a golf course which is a part of or within a public park if that golf course has
been granted an on-sale license for nonintoxicating malt liquor, and (ii) inside
an indoor recreational facility which is a p --t of or within a public park and
which has been granted an on-sale license f/ %toxicating malt liquor. No
such liquor shall be consumed in any of thf
of this ordinance. "
its passage and publication.
Motion for adoption of the ordinance w$
Rollcall :
Ayes : Bredesen, Richards , Schmidt ,.
Ordinance adopted.
.-ribed in Section 13(c)
+mediately upon
/
Sec. 4. This ordinance shall be in
i
Nays: None ;
ATTEST : I
Acting City Clerk
LONG RANGE PLANNING DISCUSSED. 2-
long range planning was continued to L.
regular Council meeting by unanimous agret,
ision of
-or to the
,aken.
CLAIMS PAID. Motion of Member Turner was seconded L- ards for payment
of the following Claims as per Pre-List: General Fund, , .61; Park Fund,
2/28/83
234
$36,622.58; Art Center Fund; $3,192.82; Swimming Pool, $24.64; Golf Course Fund,
$3,775.63; Arena Fund, $14,019.07; Gun Range, $63.09; Water Fund, $34,281.47;
Sewer Fund, $157,612.41; Liquor Fund, $110,920.36; IBR #2, $199,626.00; Total,
$991,517.68; and for confirmation of payment of the following Claims: General
Fund, $73,397.58; Park Fund, $784.07; Art Center Fund, $144.72; Swimming Pool,
$40.30; Golf Course Fund, $842.91; Arena Fund, $292.62; Gun Range, $28.35;
Water Fund, $104.10; Sewer Fund, $252.54; Liquor Fund, $207,943.69; Total,
$283 , 830.88.
,,
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
_.
*There being no further business. Mayor Courtney declared the meeting adjourned
at 10:05 p.m.
%A%--
Acting City Clerk