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HomeMy WebLinkAbout19831205_regular142 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 5, 1983 Answering rollcall were Members Bredesen, Richards, Turner and Mayor Courtney. MINUTES of the Regular Council Meeting of November 21, 1983, were approved as sub- mitted by motion of member Turner, seconded by Member Bredesen. - Ayes: Bredesen, Richards, Turner, Courtney Motion carried. I HEDBERG AND SONS COIQANY REQUEST FOR REZONING TO POD-1 AND PRELIMINARY PLAT CONTINUED TO DECEMBER 19, 1983. and for preliminary plat approval of Hedberg and Sons Company had been continued from the Council Meeting of November 7, 1983, and that the proponents have again requested a continuation to December 19, 1983. Member Bredesen's motion was seconded by Member Turner to continue the Hedberg and Sons Company rezoning request and preliminary plat review to December 19, 1983. Mr. Hughes recalled that the request for rezoning to POD-1 Ayes: Bredesen, Richards, Turner, Courtney Motion carried. AMENDMENT TO COMPREHENSIVE PLAN FOR 1980-90 CONTINUED TO DECEMBER 19, 1983. recommendation by Mr. Hughes, Member Bredesen moved that the hearing on the Amendment Upon to the Comprehensive Plan for 1980-90 be contimed to December 19, 1983. seconded by Nember Turner. Motion was Ayes: Bredesen, Richards, Turner, Courtney Motion carried. HAYMAKER REZONING REQUEST (R-1 DISTRICT TO PRD-3 DISTRICT) CONTINUED TO DECEMBER 19, 1983; STAFF DIRECTED TO PREPARE FINDINGS, DECISIONS AND REASONS. Mr. Hughes recalled that the rezoning request to PRD-3 District for this property, generally located south of Interlachen Boulevard, west of Summit Avenue and north of Vernon Avenue, had been continued from the meeting of November 7, 1983. approximately 25,200 square feet in area and is currently developed with three single family dwellings. The proponent is requesting rezoning to PRD-3 District to move the homes and to redevelop the site with nine townhouse units. Mr. Hughes advised that the request was reviewed by the Community Development and Planning Commission (CDPC) on several occasions and at the commission's September 28, 1983, meeting approval of the rezoning was recommended with some modifications: 1) that the project be relocated easterly to provide a minimum 25-foot setback from the west property line, and 2) that the dimensions between the townhouse units be increased so as to allow for better traffic circulation and on-site parking. on the vacation of Summit Avenue. The density of the project equates to 10.8 units per acre which includes the buildings already constructed on the site in Phase I. Robert Rietow, architect for the project, presented graphics of the proposed second phase and stated that it would be a natural extention of the quality townhouse pro- ject. by acquiring the right of way from vacation of Summit Avenue a 25-foot setback from the residential properties on the west has been obtained. the development plan as now presented is in response to the issues raised by the CDPC and the propoaent is now seeking approval of the rezoning request. to lvfember Richard's question as to whether a setback variance is needed, Mr. Hughes responded that the zoning ordinance requires a 35-foot setback be provided so a variance of 10 feet would be required from the west property line. the project as proposed were Robert Halpin, 5021: Hankerson Avenue and Marvin Huiras, 5025 Hankerson Avenue for these reasons: 1) the 35-foot setback requirement should be adhered to, 2) the large 3-unit building would take away the privacy of their rear yards, and 3) if the project is approved as proposed, it would have a negative effect on their property values. Mayor Courtney stated he had viewed the project and felt it looked very congested. Member Turner stated she liked the concept of townhouses for this site, that the buildings now constructed are attractive, but that she was concerned about the west setback and the density of the project. Joe Romain, speaking for the developers, pointed out that the actual distance_-between the townhouse unit and the houses'to the west would be 85 feet. the density has been reduced and the setback increased to 25 feet in response to issues raised by the CDPC and staff and that if the project is reduced further it will not work economically. He indicated that the only possible alternative would be to construct four double units, eliminating the large 3-unit building. Judy Lundell, 5020 Summit Avenue, stated that the townhouse concept for the site was a good idea and that she would like to see the rezoning approved. Member Richards stated he too felt the townhouse concept was a good use of the site, but that he could not support the project as proposed because of the density. Member Bredesen commented that he felt that, even though the land use was appropriate, the density and setback as proposed would have a negative impact on the residential properties to the west. Member Richards then moved that staff be directed to prepare Findings, Decisions and Reasons in support of Council's viewpoint so that formal action The subject property measures I The proposed development plan relies He noted that a 12-foot setback variance was granted for Phase I and that Mr. Rietow stated that In response Objecting to I He reiterated that 1 12/5/83 could be taken at the December 19, 1983, Council meeting. Motion was seconded by Member Bredesen. Ayes: Bredesen, Richards, Turner, Courtney Motion carried. PRELIMINARY PLAT APPROVED FOR VERNON HILL CONDOMINIUMS (JOHNSON BUILDING COMPANY). Affidavit of Notice was presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes advised that final rezoning to PRD-5 Planned Residential District had been granted to the subject property (5215 Vernon Avenue/Biltmore Motel) at the Council meeting of November 21, 1983. The proponents, Johnson Building Company, have now replatted the property by consolidating the existing lots into a one block plat and are requesting preliminary plat approval for the proposed 77-unit condominium building. 1) vacation of the surplus right of way adjacent' to Vernon Avenue, 2) subdivision dedication, and 3) an executed Developer's Agreement. No objections being heard, Member Richards offered the following resolution and moved its adoption, subject to vacation of the surplus right of way adjacent to Vernon Avenue, subdivision dedication and a signed Developer's Agreement: Staff would recommend approval conditioned upon: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR VERNON HILL CONDOMINIUMS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Vernon Hill Condominiums",. platted by Johnson Building Company and presented at the regular meeting of the City Council of December 5, 1983, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney ' Resolution adopted. GRANDVIEW TRAFFIC STUDY REPORT PRESENTED. Assistant City Manager Bernhardson recalled that the Grandview Traffic Study was triggered by the request of the Johnson Building Company for rezoning of the Biltmore Motel site but that several issues in the area are involved. He indicated that Mr. Hoffman, City Engineer, and Mr. Hughes, Planner, have had preliminary discussions with the BRW staff concerning the report and have expressed some concerns which would have to be resolved by working with the BRW staff and the property owners. the proposed plan is-adopted it would be done on a phased basis following a public hearing in January of 1984. Mr. Bernhardson then introduced Richard Wolsfeld and Howard Preston of the BRW staff. Mr. Wolsfeld presented graphics covering general items affecting the Grandview area traffic as follows: 1) current volumes, 2) trip generation, 3) directional distribution, 4) forecast traffic volumes, and 5) capacity analysis. He then identified these issue areas: 1) Vernon Avenue at Eden Avenue/W. 53rd Street, 2) Summit Avenue, 3) Vernon Avenue at Interlachen Boulevard, 4) Arcadia Avenue, and 5) Vernon Avenue access to Jerry's Shopping Center. For each issue area, issues were identified, factors were presented and design recommendations were given. In conclusion, Mr. Wols- feld presented a roadway recommendation which included all of the issues areas in the Grandview community. He noted that in redevelopment planning there are generally a lot of interests that' have to be served including individual property access, overall traffic flow objectives, good design standards, etc. and that it likely is impossible to meet every objective. traffic-study attempts to maintain the integrity of Vernon Avenue by consolidating the intersections to three access points and then to work on that objective. Meetings with individual property owners would be held during the next weeks and a final report will be presented to Council in January. Eventually, if Mr. Wolsfeld indicated that the No formal action was taken. LOT DIVISION FOR LOT 3, BLOCK 2, STOW'S EDGEMOOR ADDITION APPROVED CONDITIONALLY. Mr. Hughes presented the petition for a lot division of Lot 3, Block 2, Stow's Edgemoor Addition (7005-7007 Lynmar Lane), advising that the proponent requests a party wall division of an existing two family dwelling. dual utilities are not provided and staff would recommend approval subject to a variance from the Building Construction Appeals Board. Member Bredesen offered the following resolution and moved its adoption, subject to a variance being granted by the Building Construction Appeals Board for the utility connection: He noted that indivi- No objections being heard, RE SOLUTION WHEREAS, the following described property is at present a single tract of land: ~~ Lot 3, Block 2, Stow's Edgemoor Addition, and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : - Parcel A: That part of Lot 3, Block 2, STOW'S EDGEMOOR ADDITION lying north of the following described line: Commencing at the Northwest corner of said Lot 3; thence southerly along the west line of said Lot 3 a distance of 12/5/83 47.10 feet to the point of beginning of the line to be described; thence I44 easterly to a point on the east line of said Lot 3 said point being 46.35 feet south from the Northeast corner of said Lot 3, and Parcel B: of the following described line: Lot 3; thence southerly along the west line of said Lot 3 a distance of 47.10 feet to the point: of beginning of the line to be described; thence easterly to a point on the east line of said Lot 3 said point being 46.35 feet south from the Northwest corner of said Lot 3, and That part of Lot 3, Block 2, STOW'S EDGEMOOR ADDITION lying south Commencing at the Northwest comer of said WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Resolution adopted. I LOT DIVISION FOR LOT 41, BLOCK 1, OSCAR ROBERTS FIRST ADDITION APPROVED. Mr. Hughes presented the petition for division of Lot 41, Block I, Oscar Roberts First Addition (7209 Bristol Circle), advising that the proponent requests a party wall division of an existing two-family dwelling. He noted that individual utilities are provided and staff would recommend approval. No objections being heard, Member Bredesen offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 41, Block 1, Oscar Roberts First Addition, and FREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Description of Northerly Parcel: That part of Lot 41, Block 1, Oscar Roberts First Addition which lies northerly of a line drawn from a point on the north- westerly line of said Lot 41 distant 31.40 feet northeasterly, as measured along said northwesterly line, from the most westerly comer of said Lot 41 to a point on the easterly line of said Lot 41 distant 10.40 feet northerly, as measured along said easterly line, from the southeast corner of said Lot 41, and Description of Southerly Parcel: Lot 41, Block 1, Oscar Roberts First Addiiton except that part thereof which lies northerly of a line drawn from a point on the northwesterly line of said Lot 41 distant 31.40 feet northeasterly, as measured along said northwesterly line, from the most westerly corner of said Lot 41 to a point on the easterly line of said Lot 41 distant 10.40 feet northerly, as measured along said easterly line, from the southeast comer of said Lot 41, and I WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City.of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcel-s unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Member Turner. 1 Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Resolution adopted. HEARING DATE SET FOR PLANNING MATTERS. As recommended, Member Bredesen's motion was seconded by Member Turner setting December 19, 1983, as the hearing date for the following Planning matters : 12/5/83 1) Replat of Lot 3, Block 3, Carolane Addition - Generally located south of 145 1984-85 COMMLTNITY HEALTH SERVICE AGREEMENT WITH HENNEPIN COUNTY APPROVED. Mr. Bern- hardson advised that in order to remain elegible for the Community Health Service subsidy funding for 1984-85, the City is required to sign an Agreement which sets forth the conditions which Hennepin County and the City must meet, and that it is anticipated that the City will receive $86,405.00 for 1984-85. As recommended by staff, Member Turner offered the following resolution and moved its adoption: RE SOLUTION BE IT RESOLVED by the Edina City Council that the Mayor and City Manager be and are hereby authorized and directed, on behalf of the City, to sign Agreement No. 40023, the 1984-85 Community Health Services contract between the City of Edina and Hennepin County. Motion for adoption of the resolution was seconded by Member Richards. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Resolution adopted. West 70th Street and east of Lanham Lane Ayes: Bredesen, Richards, Turner, Courtney- Motion carried. 2) Rezoning Request of Wooddale School to Heritage Preservation District Mr. Hughes called attention to a letter dated December 2, 1983, from Joan Corn- well, Bev Casserly and Ida Jean Cauble, requesting that the Council not consider the rezoning request for Wooddale School apart from, or prior to, discussion on the other issues that must go into making a final resolution of the property. EASEMENT VACATION FOR LOTS 15 AND 17, BLOCK 1, PARKWOOD DJoLLs 8TH ADD~'TION GRANTED IN PART. Affidavit of Notice was presented by Clerk, approved as to vacation of easement for utility purposes within Lots 15 and 17, Block 1, Parkwood Knolls 8th Addition, as requested by the owner, George Sedgewick of 5809 Schaefer Road. Mr. Hoffman clarified that there are no objections to vacating the easement between Lots 16 and 17, but Northern States Power Company maintains a power line between Lots 17 and 15 and has requested that the ease- ment be retained between those lots. the same area and therefore staff would recommend the easement vacation be granted only between Lots 16 and 17. No further comments being heard, Member Bredesen offered the following resolution and moved its adoption: 'form and ordered placed on file. Engineer Hoffman presented the petition for Also, the City watermain is located in RESOLUTION VACATING EASEMENT FOR UTILITY PURPOSES WHEREAS, a resolution of the City Council, adopted the 7th day of November, 1983, fixed a date for a public hearing on a proposed vacation of easement for utility purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 5th day of November, 1983, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of the utility easement be and is vacated ef,fective on December 6, 1983: - All of the 10 foot utility easement adjoining the northerly line of Lot 17, all in Block 1, Parkwood Knolls 8th Addition. and that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Resolution adopted, COOPERATIVE AGREEMENT WITH MINNEHAHA CREEK WATERSHED DISTRICT PROJECT #CP-8 APPROVED. (Member Richards excused himself from the meeting.) Engineer Hoffman presented a copy of the cooperative agreement with the Minnehaha Creek Watershed District (MCWD) and the Minnesota Depar.tment of Transportation (Mn/DOT) for a joint project with the City of Edina, involving maintenance work under the Highway 100 bridge and dredging in the Minnehaha Creek channel upstream from the bridge. He recalled that the City had petitioned MCWD for the cooperative project 12/5/83 146 to remedy overbanking of prop rties in the Ca cade Lane area. Mn/DOT has agreed to pay the construction costs for all contract work lying within Mn/DOT right of way, provided the total cost to Eln/DOT does not exceed $30,000. Mr. Hoffman noted several changes marked on the copy of the agreement with regard to the responsibilities of Edina (Section 7) and recommended that the Council.authorize signing of the agreement. Member Turner then offered the following resolution and moved its adoption, subject to the changes as recommended by the Engineer: BE IT RESOLVED by the Edina City Council that the Mayor and City Manager be and are hereby authorized and directed, on behalf of the City, to sign the Agreement RESOLUTION I' for Cooperative Project No. CP-8 - Minnehaha Creek Channel Improvements at Highway No. 100. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Turner, Courtney Resolution adopted. Mr. Hoffman pointed out that the City of Edina has agreed to construct the minor berming along the creek waterline in the vicinity of the Cascade Lane properties, the purpose being to prevent encroachment of overbank flow unto those properties, as provided in the Plans and Specifications for Project CP-8 approved by Coumil at the November 7, 1983, meeting. the cost of the berming back to the benefited properties. that she would support the assessment process for the berming as the benefited properties could be easily identified, and moved that staff proceed with an assess- ment hearing for the construction costs of the berming. an assessment hearing was seconded by Member Bredesen. At that meeting Council had discussed assessing Member Turner stated Motion to proceed with Ayes: Bredesen, Turner, Courtney Motion carried. (Member Richards returned to the meeting at this point.) FEASIBILITY REPORT 84-1, HANSEN ROAD APPROVED; HEARING DATE SET. City Engineer Hoffman presented Feasibility Report 84-1, Hansen Road, advising that the project is on the current City five year Municipal State Aid Construction Plan. would be funded by special assessment, municipal state aid gas tax, and possibly a Mn/DOT grant which involves replacement of railroad crossings on state aid streets. Additionally, an agreement would have to be reached with So0 Line Railroad on the refurbished crossing. Upon recommendation by Mr. Hoffman, Member Richards offered the following resolution and moved its adoption: The project RESOLUTION PROVIDING FOR PUBLIC HEARING ON PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVE3ENT NO. P-BA-137 A & B The City Engineer, having submitted to the Council a preliminary report as to 1. the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, January 16, 1984, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in th'e official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING PERElANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER I IMPROVEMENT NO. P-BA-137 A & B S.A.P. 120-151-08 The Edina City Council will meet at the Edina City Hall, on Monday, January 16, 1984, at' 7:OO PM. , to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: The approximate . ESTIMATED COST I. Permanent Street Surfacing with Concrete Curb and Gutter $566 , 763.05 Hansen Road - Vernon Avenue to West 60th Street The area proposed to be assessed for a portion of the cost of proposed improvements includes Lot 7 thru 9, Block 7, Vestchester Knolls Add'n; Lots 13 thru 16, Richmond Hills 3rd Add'n; Lots 11 thru 16, Melody Knolls 6th Add'n; Lots 5 thru 8, Block 1, Town's First Edina; Lots 7 thru 12, Block 3, Codes Highview Park Add'n; Lot 1, Block 1, Hayden Add'n; Parcel 4700, Parcel 12/5/83 141 2100, Section 33, Township 117, Range 21; Lots 1, 2, 5, Block 1, Woody Point; . Lots 6, 7, 8, 9, Garden Park; Lots 1 thru 3, Block 1, Emil P. Erickson Add'n; Lots 1 thru 3, Block 1, E.V. Klopp's Subdivision; Lots 1 thru 3, Block 1, Warden Acres Berg Replat; Lots 1 thru 4, Block 1, Theo. Nelson's Add'n' and Lots 1 and 2, Block 1, Naomi Add'n. Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Resolution adopted. SIDEWALK SNOW REMOVAL/PLACING SNOW IN STREETS DISCUSSED. Mr. Hoffman advised that City Ordinance No. 1201 prohibits placing snow or ice on any street and with the advance of the early winter and the snow accumulation thus far this continuing problem will be even greater. be drafted to be hand delivered to those persons who are in violation as a warning with the request that they cease and that if the warning is not heeded, a citation be issued by the City. Members Turner and Bredesen voiced support of the proposal and it was agreed that Staff should initiate the procedure. Mr. Hoffman also pointed out that City Ordinance No, 1202 provides that all snow and ice on public sidewalks shall be removed within 12 hours after snowfall has ceased. He advised that the City now maintains 15 miles of sidewalk and under the best of conditions the City crews cannot meet the intent of the ordinance. After discussion on the problem, Mayor Courtney suggested the staff draft an amendment to Ordinance No. 1202 to lengthen the time period in which snow must be removed. No formal action was taken. 1984 HOLIDAYS FOR CITY EMPLOYEES DISCUSSED. schedule of holidays for City employees for the calendar year 1984 totaling 12 days. Tuesday, and if the traditional schedule were followed City Hall would be open a half day the preceeding Monday. be closed on those Mondays. State law mandates nine of the proposed holidays. Member Bredesen commented that 12 holidays would not be in keeping with private induatry and he would like to see a 10 holiday schedule. what the labor contracts provide and Mr. Bernhardson responded that the contracts have not all been set. Following further discussion, it was informally agreed to continue the matter until the meeting of December 19, 1983, so that more infor- mation could be provided as to private practice and possible floating holidays so that City Hall could remain open more days. Staff would propose that a letter Mr. Bernhardson presented a proposed He explained that in 1984 Christmas Day and New Years Day fall on a The proposed schedule would allow City Hall to Mayor Courtney questioned YEAR END COUNCIL MEETING DATE SET FOR 12/29/83. Richards' motion was seconded by Member Turner, setting December 29, 1983 at 5:OO p.m. as the Year End Council Meeting date. Ayes: Bredesen, Richards, Turner, Courtney Motion carried. As recommended by staff, Member WOODDALE SCHOOL SITE DISCUSSED. Member Richards presented a report on the issues he and Member Turner had determined could provide a basis for discussion by Council of the Wooddale School site at the December 19, 1983, meeting. He stated that two principal issues appear relevant in considering the sit3 and disposition of the property by the School Board: 1) the transfer of the property to the City from the School District, and 2) the use of the property if the City accepts the transfer should the School District decide to transfer same. Mr. Richards also listed terms, conditions and factors to be considered with regard to the principal issues. It was agreed that a written report should be prepared and sent to the Council and School Board so that the issues could be reviewed in preparation for the public hearing to be held on December 19. General discussion followed with no formal action being taken. RESIDENTS' CALLS CONCERNING SNOW REMOVAL NOTED. Mayor Courtney advised that following the two recent snowfalls he had received numerous complaints concerning snow plowing in the City. No action was taken. PEDESTRIAN SAFETY AWARD TO EDINA NOTED. of Edina for being awarded a Pedestrian Safety Citation from the National AAA for going four years without a pedestrian fatality. Mayor Courtney commended the citizens No action was taken. EDINA POLICE REPORT NOMINATED FOR ACE AWARDS CEREMONY. Mayor Courtney called Council's attention to the fact that "The Edina Police Report" is one of five award nominees in the "Best Local Access Production Involving Community Awareness" category for the ACE Awards sponsored annually by the National Cable Television 12/5/83 Association. He noted that Officer Chris Hamren and Eric Felton of the Police Department will be attending the awards ceremony on Monday, December 12th and commended them for their efforts in producing the program. No action was taken. VARIOUS NEETING DATES NOTED. following meetings: 1) December 12 - 7:OO p.m. - Zoning Ordinance Issues (Rescheduled from 11/26/83). 2) December 12 - Rescheduled Hennepin County Meeting Regarding Solid Waste Mr..Bernhardson informed the Council of the Recovery Site. '3) January 9 - 7:OO p.m. - Public Hearing on Zoning Ordinance. ORDINANCE NO. 1403-A1 ADOPTED ON SECOND READING (TOWING & STORAGE OF IMPOUNDED VEHICLES). Mr. Bernhardson presented Ordinance No. 1403-Al for Second Reading noting that the City Attorney has made several minor changes in language. As recommended, Member Bredesen offered Ordinance No. 1403-A1 for Second Reading and moved its adoption as follows: ORDINANCE NO. 1403-Al AN ORDINANCE &ENDING ORDINANCE NO. 1403 TO ALLOW USE OF POUNDKEEPERS WITHOUT ADVERTISING FOR BIDS, TO DELETE USE OF TRAFFIC TAGS ON TOWED VEHICLES, TO CLARIFY PROCEDURE FOR RELEASE OF IMPOUNDED VEHICLES, TO CHANGE VILLAGE TO CITY, AND MAKING OTHER CHANGES: THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "Sec. 2. Pound, Towing and Storage Bids and Charges. Section 2 of Ordinance No. 1403 is hereby amended to read as follows : his designate may advertise for bids by persons, firms or corporations desiring to act as poundkeepers of vehicles impounded under the provisions of this ordinance, or may, without advertising for bids, designate various persons, firms or corpora- tions who meet the requirements of this ordinance, and so long as they comply with the provisions of this ordinance, to act as such poundkeepers. keeper must obtain or provide adequate facilities and equipment, within or near to the City of Edina, to handle the tows and the storage of vehicles requested by the City. Towing service must be available at any hour and response to requests must be prompt. towing, storage and impoundment of vehicles impounded under the provisions of this ordinance. ment. The City Manager reserves the right to reject all bids and to terminate at any time, with or without cause, any poundkeeper designated hereunder by the City Manager. The City Manager or Such pound- Each poundkeeper shall provide a schedule of charges for the A copy of this schedule shall be on exhibit in the Edina Police Depart- Sec. 2. Section 3 or Ordinance No. 1403 is hereby amended to read as follows: Sec. 3. Charge When Owner Appears Before Towing. When a police officer has ordered a vehicle to be impounded, and when the owner or operator thereof appears before the vehicle has been towed to the pound, the tow truck operator shall release the said vehicle without the payment of any fee or towing charge." Sec. 3. The last sentence in Section 5 of Ordinance No. 1403 is hereby amended to read as follows: "All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored in a City storage facility." Section 6 of Ordinance No. 1403 is hereby deleted in its entirety. Sections 7 and 8 of Ordinance No. 1403 are hereby renumbered to I1 Sec. 4. Sec. 5. Sec. 6. Section 9 of Ordinance No. 1403 is hereby renumbered to Section 8, "Sec. 8. Reports of Police Officers. It shall be the duty of the police Sections 6 and 7, respectively. and is hereby amended to read as follows: officer to make an Automobile Impoundment Report on all vehicles impounded. This report shall give the description of the vehicle with an inventory of any personal properties visible therein at the time of impoundment. and inventory must include the make and license number of the motor vehicle and shall include the date, time, location and reason for impoundment and any further information which the Chief of Police shall deem necessary and advisable. The original and one copy of the Automobile Impoundment Report will be retained by the p-olice department and two copies delivered to the poundkeeper. citations maybe issued by the police officers for violations of law which resulted in the towing and impoundment of a vehicle." Section 9 as follows: owner, the poundkeeper shall release the same by the owner signing and dating the release on the Automobile Impoundment Report and providing the owner a copy of that report. thereon and the purpose for which such charges were made. original copy of this receipt and provide a copy to the vehicle owner. The description ' Traffic Sec. 8. Ordinance No. 1403 is hereby amended by adding thereto a new "Sec. 9. Release of Impounded Vehicle. Upon return of the vehicle to the He shall also provide a receipt with the charges enumerated He shall retain the No I, . 12/5/83, I . rl ., 149 person shall remove any vehicle from the lawful custody of the poundkeeper, without first having signed the release and having paid impounding and storage charges. Sec. 9. Section 11 of Ordinance No. 1403 is hereby amended to read as follows : "Sec. 11. Ordinance to be Included in Bid. This ordinance shall be and constitute part of any bid approved by the City Manager or his deputy and of any contract entered into by the City with any poundkeeper, and shall be deemed agreed to by any poundkeeper designated by the City Manager at the time such poundkeeper tows any vehicle pursuant to this ordinance, as fully and to the same effect as if set forth at length in said bid or contract or made a part of a written contract with any such designated poundkeeper. entered into, and if any part or portion of any such contract entered into shall be inconsistent with the terms of this ordinance, the provisions hereof shall in all respects prevail." If a contract is Sec. 10. Section 12 of Ordinance No. 1403 is hereby amended to read as follows: "Sec. 12. Any person violating this ordinance shall be guilty of a misdemeanor, and subject to a fine and penalty as set out in Ordinance No. 175 of the City of Edina, as from time to time amended." hereby amended to read "City". its passage and publication. Motion for adoption of the ordinance was seconded by Member Turner. Penalty. I Sec. 11. All references to the word "Village" in Ordinance No. 1403 are Sec. 12. Tt This ordinance shall be in full force and effect immediately upon CT) I\ 0 Rollcall : Ayes: Bredesen, Richards, Turner, Courtney m Ordinance adopted. a L /-7.2E~4A!Ll ATTEST : Mayor ?f?&A %- &&L City Clerk CLAIMS PAID. Motion of Member Turner was seconded by Mayor Courtney for payment of the following Claims as per Pre-List: $5,266.69, Art Center $586.87, Park Construction Fund $55.00, Swimming Pool Fund $20.00, Golf Course Fund $5,242.12, Recreation Center Fund $2,268.27, Gun Range Fund $20.00, Waterwork Fund $2,545.60, Sewer Rental Fund $747.19, Liquor Dispensary Fund $5,877.99, Construction Fund $1,052.50, IMP Bond Redemption Fund $96,870.29, Total $170,956.84. No further business appearing, the Mayor declared the meeting adjourned at 9:05 p.m. General Fund $50,404.32, Park Fund