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HomeMy WebLinkAbout19831219_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL DECEMBER 19, 1983 151 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. CHRIS HAMREN AND ERIC FELTON COMMENDED FOR ACE AWARD. Bernhardson introduced Officer Chris Hamren and Eric Felton, of the Edina Police Department, advising that through their cooperative efforts they have gained national recognition for the City of Edina as recipienzs of a 1983-ACE Award, presented by the Nati,onal Cable Television Association. The award was for the television program, "The Edina Police Report", for excellence in an educational or informational program series, which is produced by Mr. Felton with Officer Hamren as host on the show. Mr. Bernhardson commended them for their fine work on the program series and presented them with silver pens bearing the Edina Logo on behalf of the City. The Council joined in congratulating and thanking them. Assistant City Manager MINUTES of the Regular Council Meeting of December 5, 1983, and of the Special Meeting of December 12, 1983, were approved as submitted by motion of Member Turner, seconded by Member Richards. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. ORDINANCE NO. 811-A176 FOR R-1 TO PRD-3 DISTRICT ZONING (HAYMAKER) GRANTED FIRST READING. Planner Hughes recalled that the rezoning request of M. H. Haymaker to PRD-3 Planned Residential 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 December 5, 1983. then illustrated a 14-unit townhouse project for the site and Council had expressed concerns regarding: family lots, 2) the apparent congestion of the project, and 3) the height of the proposed buildings relative to the single family homes to the west. Staff was instructed to prepare Findings of Fact concerning the subject rezoning. the Council meeting staff met with the proponents who have submitted an alternative plan which addressed the concerns of the Council and Council informally agreed to delay the draft Findings of Fact, pending review of the revised plan. Mr. Hughes pointed out that the plan now submitted would eliminate the courtyard from the project and would extend a private street from Interlachen Boulevard to Vernon Avenue. This would permit the relocation of the townhouse buildings toward the center of the site thereby allowing the required 35 foot setback from the west lot line. Setbacks from other lot lines have also been increased, but are less than the required 35 feet. The overall density of the project has been reduced by the elimination of one unit which results in a density of 10 units per acre and is consistent with the draft zoning ordinance. the height of the proposed buildings relative to the west lot line. Due to the proposed elevation of the private drive, the height of the proposed buildings as viewed from the west will be similar to a conventional two-story home. opinion, the proponents have adequately addressed the issues raised and therefore approval of the rezoning is recommended. Member Richards questioned the possibility of prohibiting left turns coming off the site onto Interlachen Boulevard because of the lack of sight distance. Mr. Hughes responded that the sight distance problem can be remedied by allowing only right turns out or into the site off Interlachen. Robert Rietow, architect for the project, noted that the developers agree with the prohibition of left turns out of the site to Interlachen Boulevard, but disagreed with the prohibition of left turns into the site from Interlachen. Engineer Hoffman commented that traffic coming off Highway 100 going west would enter the site on Vernon Avenue and that, as proposed by the traffic consultants in their report on the Grandview area, it was suggested that a left turn signal be placed at Interlachen Boulevard and Vernon Avenue so that traffic coming from the west would be able to make a left turn and come back on Vernon into the site via the south driveway. Robert Halpin, 5021 Hankerson Avenue, stated that the concerns of the adjoining homeowners to the west have been answered except that of loss of privacy in their backyards. evergreen trees along the west property line of the site so that their privacy would be maintained. Mr. Hughes pointed out that the process, if the rezoning is approved, would be that both the Planning Commission and the Council would be reviewing plans which would include landscaping before final plat approval. No further comments being made, Member Turner commented that her concerns regard- ing density and setback from the west property line has been alleviated and offered Ordinance No. 811-A176 for First Reading as follows: The plans reviewed by the Council 1) the setback from the west property line abutting single Following A section drawing was presented showing In staff'? He asked that the developer plant mature I ORDINANCE NO. 811-A176 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: .- Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is enlarged by adding the.following thereto: -. 152 12/19/83 I. 8 2 "The extent of the Planned Residential District (Sub-District PRD-3x is. . enlarged by the addition of the following property: Lots 3, 4, 5, Block 4, Grandview Heights (which is in Sub-District PRD-3)" . Sec. 2. and publication. Membei'Richards then moved that the concerns regarding traffic flow, both into Committee for their recommendations. This ordinance shall be in full force and effect upon its passage . .r and from.,the,site, on Interlachen Boulevard be referred to the Traffic Safety Motion was seconded by Member Bredesen. ... Ayes:. Bredesen, Richards, Schmidt, Turner, Courtney I Motion carried. HEDBERG AND SONS CO$PANY REQUEST FOR REZONING TO POD-1 AND PRELIMINARY PLAT CONTINUED TO JANUARY 9, 1984. and for preliminary plat approval of Hedberg and Sons Company had been continued from the Council Meeting of December 5, 1983, and thai the proponents have again requested a continuation to January 9, 1984. by Member Turner to continue the Hedberg and Sons Company rezoning request and pre- liminary plat review to January 9, 1984. Mr. Hughes recalled that the request for rezoning to POD-1 Member Schmidt's motion was seconded Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. AMENDMENT TO CO&PRJ3HENSIVE PLAN FOR 1980-90 CONTINUED TO JANUARY 9, 1984. recommendation by staff, Member Richards moved that the hearing on the Amendment to the Comprehensive Plan for 1980-90 be continued to January 9, 1984. seconded by Member Turner. Upon Motion was Ayes: Bredesen, Richards, Schmidt, Turner, Courtney J Motion carried. 'PRELININARY PLAT APPROVED FOR SVANOE REPLAT, LOT 3, BLOCK 3, CAROLANE ADDITION Affidavit of Notice was presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes recalled that preliminary plat approval of the Svanoe Replat, generally located at 7013 Lee Valley Circle, had been considered by the Council on October 17 and November 7, 1983, for a subdivision of an existing single family lot that is improved with a dwelling on the easterly portion. At the latter meeting, it was referred back to the Community Development and Plannihg Commission because of concerns raised by surrounding property owners that,'due to the shape of the new- lot, a-dwelling could be. constructed to the rear of the property .which would overlook the rear yards of the adjacent properties. tion be placed on the lot that would regulate the precise location of a new house on the property. The Planning Commission subsequently reviewed a proposal by the pro- ponent to restrict the lot whereby a house could not be constructed beyond a.line --c drawn parallel with and 124 feet southwesterly of the front lot line in response to concerns of the neighbors. The Commission at its November 30, 1983, meeting recom- mended approval of the subdivision, subject to the proposed restriction and sub- division dedication. Mr. Hughes indicated that Don Patten, representing the propon- ents, was present to answer questions. Mr. Patten then presented graphics of a proposed house to be built on the new lot that he felt would fit nicely within the- proposed restriction and that would fall within the setbacks required by ordinance. He stated that the neighbors had been shown the plan at a meeting on November 21, . . and requested approval of the subdivision as now proposed. William Smith, 7017 Lee Valley Circle, referred to his letter of October 28, 1983 in which proposed setbacks were stated and commented that he felt the setbacks &n the plan now proposed are inconsistent with what was expected. Mr. Smith asked that the Council reconsider where the restriction line should be and reiterated his concern that the proposed subdivision will result in the loss of privacy he now enjoys and that it will be inconsistent with the current siting of homes in the neighborhood. cussion on sideyard and rear yard setbacks, Member Turner offered the following resolution and moved its adoption: I :I , It was suggested that a restric- . - Following dis- -I RESOLUTION APPROVING PRELIMINARY PLAT APPROVAL OF SVANOE REPLAT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Svanoe Replat", pxatted by William R. and Myrtle A. Svanoe, husband and wife, and presented at the regular meeting of the City Council of December 19, 1983, be and is hereby granted preliminary plat approval, subject to the condition that the owner execute and deliver to the City a declaration of restrictive covenants, in recordable form and otherwise in form and substance acceptable to the City, pro- hibiting construction of any house, porch or deck, on that part of the Westerly lot of Carolane Addition lying Southwesterly of a line drawn parallel with and 124 feet Southwesterly of the Northeasterly line of the lot. Xotion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Turner, Courtney Abstained: Schmidt Resolution adopted. :r I I I53 PUBLIC HEARING CONDUCTED ON WOODDALE SCHOOL PROPERTY AND REZONING REQUEST TO HERITAGE PRESERVATION DISTRICT. Affidavit of Notice was presented by Clerk, approved as to form and ordered placed on file. this public hearing was being held to receive comments from the community, and in particular from the residents of the Wooddale area, on the issue of the Wooddale School site and disposition of that property by the Edina Board of Education. He explained that Council Members Turner and Richards, at the request of the Council, have been working together to identify the issues relevant to the Wooddale School and had given a report at the Council meeting held December 5, 1983, which would now be presented. Member Richards stated that he and Member Turner had net, after hearing some initial comments from the Council as to what might be considered by them in acting upon the School Board's proposal. A joint meeting of the Council and School Board had then been held and they had also met with the City Planner to obtain factual background information. Prior to the joint meeting, the Edina Park Board and the various other advisory boards, as well as the City staff, had looked at the issue as to what they might suggest to Council for consideration. .. Member Richards. advised that two principal issues appear relevant in considering the Wooddale School site and disposition of that property by the School Board: 1) whether or not it would be appropriate for the City to acquire ownership of the site, and 2) the use of the property if the City accepts the transfer. As a starting point for Council discussion, it was recommended that the property be accepted, upon agreement between the two bodies, with the intention that all improvements on the site be removed which would include the razing of the building. It was also recom- mended that the City undertake a detailed study of the use of the entire area as park and open space with construction of a park shelter building, possibly relocating the Grange Hall and the old Cahill School on the property. Other issues to be studied would be how to integrate Utley Park, Williams Park and the public property at the northeast quadrant of 50th Street and Wooddale Avenue with the school site, and the development and/or redevelopment of public roadways in the immediate area. Mayor Courtney advised that the Council now would consider the recommendations as reported. School site and that the Council Members have been provided with copies of all correspondence to date. As a matter of record, Member Richards advised that he is a member of St. Stephens Episcopal Church, 50th Street and Wooddale Avenue, and that he intends to participate fully on this issue. No comment being heard, the Council agreed that there was no conflict of interest. Planner Hughes then presented the request of the Heritage Preservation Board for rezoning of Wooddale School to Heritage Preservation District. He explained that the Heritage Preservation District is an overlay district and does not change the basic zoning of the property but imposes some additional restric- tions. Only the exterior of the building is being proposed for rezoning. If the rezoning is approved, any alterations or razing would require a permit from the City ' and would be subject to review and approval by the Heritage Preservation Board. such permit is denied, the owner of the building could appeal to the City Council. Foster Dunwiddie, Chairman of the Heritage Preservation Board, explained that the Board is specifically charged with inventorying the historic sites within the com- munity and with making recommendations to the Council as to their protection and disposition. He then made a slide presentation giving the historical and archi- techtural background of the Wooddale School and the country club district neighbor- hood, beginning in 1922 when the Thorpe brothers purchased the Brown farm and pro- posed to build what was then called the finest residential district in the country. He noted that in 1982 the country club district, together with Wooddale School, was nominated by the City through the Heritage Preservation Board for placement on the National Register of Historic Places and was so placed in April of 1982, with Wooddale School listed as a pivotal structure. Mr. Dunwiddie reviewed the criteria used for recommendation that the building be rezoned to Heritage Preser- va'tion District and stated that the Board would be remiss if they did not bring to the Council the historical significant of the structure. Robert Christianson, Vice Chairman and designated representative of the Board of Education, advised that the rezoning request was discussed at the last board meeting and that the board was unanimous in opposing rezoning Wooddale School to Heritage Preserva- tion District. School which was closed in 1980 because of declining enrollment of elementary age students in the community. operating costs and the projected capital improvements over the next four years. He then gave appraisal figures which the Board had obtained if the building were to be used as: 1) a public or private school, 2) a limited residential care or treatment center, 3) a private corporate training center, and 4) conversion to condominiums. present zoning. recognized the need for open space in the country club district and therefore feels it should be retained for public use. an interest in the property for potential educational use. granted, it would require expenditure of public monies by the School Board for non educational purposes, would remove any degree of flexibility of the Board in Mayor Courtney commented that ' He noted that numerous letters have been received regarding the Wooddale He stated that comment now would be heard from the public. If He then reviewed the background of the Board's position on Wooddale He reported on the rental use of the building, the He noted that only the school use would be appropriate under the The School Board in its deliberation regarding this property has The Board also wishes to retain an If the rezoning is 12/19/83 dealing with the property and would interfer with the ability and responsibility to function as the public's education provider. Speaking for the School Board, Mr. Christianson urged the Council to reject the rezoning for Wooddale School. Appearing and speaking in support of rezoning the Wooddale School to Heritage . Preservation District were: Dennis Gimmestad, Assistant State Historic Preservation . Officer, Donna Skagerberg, President of Edina Historical Society, Charles Paulus, 4617 Moorland Avenue, and Rick Dorsey who stated he grew up at 4609 Browndale Avenue. Persons appearing and speaking in opposition to the rezoning and in favor of razing the building to provide park space were: Mary and Al Kluesner, 4409 Country Club Rd., Joseph Cronin, 4607 Browndale Avenue, Joan Cornwell, 4905 Browndale Avenue, Max Hill, 4617 Browndale Avenue and Yngve Magnuson, 4909 Browndale Avenue. 4901 Browndale Avenue and Paul Laederach, 4633 Bruce Avenue, both stated they were undecided about the issue because they did not know what usage the building would have. Joseph Price, 4407 Country Club Road, stated that if there is a viable option, whereby the building can be preserved and the uses would be compatible with the interests of the neighborhood, then he would have a different view than if it were to have com- mercial uses to which he is opposed. usage should be made for the residents of the area to look at and evaluate before being asked for their input on this important issue. Mayor Courtney called the hearing closed, stating that anyone wishing to express their view should write to the Council. In summary, Nember Richards stated the Council would like to have time to reflect on all the facts and comments heard, would negotiate with the School Board the basis upon which the City would take the property if that is the decision eventually made, and would try to make a decision in January. Richards then moved to continue the Wooddale School rezoning request and disposition of the property to January 16, 1984. .. I Jane Bennett, He suggested that some concrete proposals as to There being no further comments, Member Motion was seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. HEARING DATE SET FOR ZONING ORDINANCE. 'As recommended, Member Bredesen's motion was seconded by Member Schmidt setting January 16, 1984, as the hearing date for the draft Zoning Ordinance. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. I FRONTAGE ROAD VACATION IN GRANDVIEW PLATEAU (BILTMORE MOTEL-SITE) GRANTED SUBJECT TO CONDITIONS. Affidavit of Notice was presented by Clerk, approved as to form and ordered placed on file. Frontage Road, generally located east of Lots 1 and 12, Block 1, Grandview Plateau, Engineer Hoffman presented a petition for vacation of the as requested by the developer of the Biltmore Motel site. recommended, with the City reserving the right to maintain the sanitary sewer located thereon, and reserving the right of Minnegasco to maintain utility lines as requested. Member Richards suggested that the City also reserve a floating easement for location of a traffic signal if it is determined at a latter date that such is needed. further comments being heard, Member Bredesen offered the following resolution and moved its adoption: WHEREAS, a resolution of the City Council, adopted the 21st day of November, 1983, fixed a date for a public hearing on a proposed vacation of easement for road pur- poses; and WHEREAS,' two weeks' published and posted notice of said hearing was given and the hearing was held on the 19th day of December, 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 controll- ing 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 road easement be and is vacated on the condition that the developer of the Biltmore Motel site deliver to the City a floating easement for location of a traffic turn signal control box and related facilities, somewhere along a 10-foot strip of land adjoining Vernon Avenue, to be in form and substance acceptable to the City: Vacation of the road is No RESOLUTION VACATING FRONTAGE ROAD I That part of the Service Road originally dedicated in the plat of GRANDVIEW PLATEAU, according to the recorded plat thereof, described as follows: Beginning at the northeast corner of Block 1, said GRANDVIEW PLATEAU, thence on an assumed bearing of East along the easterly extension of the north line of said Block 1, a distance of 33.50 feet; thence southwesterly a distance of 326.96 feet along a nontangential curve, concave to northwest 12/19/83 155 d= m r- c) d: m having a radius of 3087.95 feet and a central angle of 6 degrees 04 minutes, said curve has a chord bearing of South 21 degrees 58 minutes West; thence South 25 degrees West to the southeasterly line of said Block 1; thence northeasterly along said Block 1 to the point of beginning. Provided however that after due consideration, the Council has determined and hereby reserved, and retained, the following existing easements and authority in, on and under the above vacated area: (a) 8 specifies that the foregoing vacation shall not affect, and there is hereby continued, The authority of the City of Edina to enter upon the above vacated area to maintain, repair, replace, remove, or otherwise attend to, all of the pipes, mains, lines, and hydrants for water, sanitary sewer, or storm and drainage water, now in, on or under the above vacated area; and future traffic signal; The authority of Minnegasco to enter upon the above vacated area to maintain repair, replace, remove, or otherwise attend to, all of the poles, pipes, mains, and lines for gas now in, on or under the above vacated area; 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 Schmidt. (b) I Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. PUBLIC HEARING CONDUCTED ON REVENUE SHARING FUNDS FOR 1984 ENTITLEMENT PERIOD 15. Affidavit of Notice was presented by Clerk, approved as to form and ordered placed on file. Mr. Bernhardson advised that a public hearing was held on November 7, 1983, for the purpose of receiving written and oral comments from the public concerning the 1984 annual budget and the proposed use of revenue sharing monies. again published on December 7, 1983, for the purpose of receiving comment on the expenditure of revenue sharing funds and that no comments have been received. Member Turner thereupon offered the following resolution and moved its adoption: RESOLUTION APPROVING Notice was , 1984 REVENUE SHARING ENTITLEMENT PERIOD 15 BUDGET BE IT RESOLVED by the Edina City Council that it does hereby approve the following budget for the 1984 Revenue Sharing Entitlement Period 15: REVENUES Source Amount Property Taxes $6,343,000 Sales Taxes 473 , 111 Service Charges/User Fees 1,170,431 Licenses and Permits 320 , 000 Fines and Penalties 275 , 000 Income from Other Governments 292 , 905 I Ac t ivi t y Education Federal General Revenue Sharing EXPENDITURES GRS Funds Police $125 , 000 Fire 100 , 000 Roads/Transport/Public Works Sewers/Sanitation Libraries Parks/Recreation Health/Hospitals Social Services/Welfare General Administration Financial AdministratiodDebt Service 225 , 000 $9,099,447 Other Funds $ -0- 2 , 113,164 1 , 227,809 2,492,860 87 , 860 1 , 075,220 199 , 846 53 , 930 865 , 839 407 , 919 $2,238,164 1,327,809 2,492,860 87 , 860 -0- 1,075 , 220 199 , 846 53 , 930 865 , 839 407 , 919 Reserve for Contingencies 350,000 350 , 000 $225 , 000 $8,874,447 $9,099,447 Motion for adoption of the resolution was seconded by Member Bredesen I. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. BID AWARDED FOR FERTILIZER FOR GOLF COURSE/BALL FIELDS. tabulation of bids for fertilizer for the golf course and ball fields showing Turf Supply Company as sole bidder at $7,144.00. Member Bredesen as to why only one bid was received,.Mr. Kojetin explained that only one company handles the slow release fertilizer specified in the advertise- ment for bid. Motion of Member Schmidt was seconded by Member Turner for award of bid for golf course/ball field fertilizer to Turf Supply Company at $7,144.00. Mr. Bernhardson presented In response to question of Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. 12/19/83 -- 156 TRAFFIC SAFETY MINUTES OF DECEMBER 13, 1983, APPROVED. Motion of Member' Bredesen was seconded by Member Richards .to approve the following recommended action as listed in Section A of the Traffic Safety Committee Minutes of December 1-3, 1983: 1) and to acknowledge Section B and C of the Minutes. That NO PARKING ANYTIME signs be erected along the south side of Parklaxmscaa Avenue South and Gallagher Drive, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PART TIME WAGE RATES FOR 1984 ESTABLISHED. Schmidt offered the following resolution and moved its adoption: As recommended by staff, Member . RESOLUTION ESTABLISHING COMPENSATION RATES FOR PART TIME PERSONNEL BE IT RESOLVED that the Edina City Council does hereby establish the following compensation schedule for part tine personnel: Step 1 Step 2 Step 3 .- . Step 4 Step 5 Year Round Level A $4.00 4.35 4.55 4.85 5.20 Managerial $5.95 to $6.25 Level 1 Level 2 Level 3 Seasonal Level 4 Level 5 Level B $4.40 4.90 5.25 5.40 5.50 $3.35 3.60 3.75 .3.50 3.80 4.00 3.95 4.25 4.40 4.25 4.50 4.65 4.40 to 5.65 Hotion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. AWARD OF PUBLIC HEALTH NURSING CONTRACT FOR 1984 CONTINLJED TO 12/29/83. hardson advised that negotiations with Metropolitan Visiting Nurse Association (MVNA) and with the Bloomington Division of Public Health (BDPH) for the 1984 public health nursing contract have been completed. programs and activities. BDPH the offer was $79,300. the 1984'figure and BDPH offered the second year contract at 3.5%-5% above 1984. After reviewing the two proposals and analyzing the services offered, staff recommends awarding the 1984 contract to Bloomington, with the second year renewal to be determined before December 1, 1984. were: 1) continuity of care and service, 2) close proximity of the clinic site, 3) Bloomington's contracting independently with the day care centers and schools within Edina, 4) the cooperative arrangement with Fairview-Southdale, and 5) the offer to Edina of the services of Bloomington's health officer if needed. Noting that the contract costs have been reduced in recent years due to the bidding process, Member Bredesen commented that if the contract is awarded to BDPH that he would hope competitive bidding could be maintained for future years. stated that MVNA would continue to be a viable provider in the metropolitan area. Member Richards commented that if the award is made to BDPH that the staff's recom-. mendation should be documented and the reasons given to MVNA. added that the continuity of care for Edina residents who are receiving home nursing care should not be disrupted and that she would strongly support award of the contract to BDPH. that if the contract were awarded to MVNA there would be administrative time involved in transferring the public health nursing records to them and if done by Bloomington's staff nurses the costs would be billed to Edina. discussion, Member Schmidt's motion for award of 1984 public health nursing contract eo Bloomington was seconded by Mayor Courtney. Mr. Bern- Both agencies offered similar MVNA offered the second year contract for 4%-5% above The final offer from MVNA was $78,800 for 1984 and from Factors considered in the recommendation I Member Schmidt Membelr Schmidt Mr, Velde pointed out that Bloomington had informed him After further Ayes: Courtney, Schmidt Nays: Bredesen, Richard, Turner Motion failed. 12/19/83 157 Member Turner then moved that the staff be directed to prepare specific documen- tation as to differences in service between MVNA and BDPH to substantiate awarding the contract to BDPH and to bring the matter back to Council on December 29, 1983, for action. Motion was seconded by Member Richards. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. 1984 HOLIDAY SCHEDULE FOR CITY EMPLOYEES APPROVED. Mr. Bernhardson recalled that the 1984 Holiday Schedule for City employees had been discussed at the Council r meeting of December 5, 1983, and that the matter had been continued so that more information could be provided as to private practice and possible floating holidays. As directed, staff has prepared a memorandum summarizing information as to employee benefits provided by the Stanton Survey for the Group V Cities in which Edina is included, together with metro agencies and private industry. He noted that current labor agreements with the Fire Department and Public Works Department indicate that the City recognizes 11 holidays, either by time off or additional pay for working. For the City's office, technical and administrative staff, the practice of granting 11 holidays has been in effect since 1973. Based on this information, staff would conclude and recommend the granting of 11 holidays. Member Bredesen moved approval of 10 holidays, deleting Good Friday. He asked that the staff come back with a formal recommendation as to the feasibility of keeping City Hall open on the Friday after Thanksgiving Day and also on Veterans Day. the following holiday schedule: New Years Day (January 2), Presidents Day (February 20), Good Friday (April 201, Memorial Day (May 281, Independence Day (July 4), Labor Day (September 3), Veterans Day (November 121, Thanksgiving Day and Friday thereafter (November 22 and 23), Christmas Eve half-day (December 24), Christmas Day (December 25), New Years Eve half-day (December 31). Motion was seconded by Member Turner. Motion failed for lack of a second. Member Richards then moved approval of Ayes: Richards, Schmidt, Turner, Courtney Nays: Bredesen Motion carried. Member Turner commented that she would be interested in discussing the concept of floating holidays at a future meeting. LAND EXCHANGE BETWEEN CITY AND GITTLEMAN CORPORATION (LEWIS RIDGE) APPROVED. Planner Hughes recalled that the concept of a land exchange between the City and Gittleman Corporation was discussed in conjunction with the rezoning request of Gittleman Corporation as well as the Vernon Development Company project, both of which are located north of William Wardwell Lewis Park. He noted that at present Gittleman Corporation owns a 60-foot wide private easement for road purposes over the northerly end of Will2am Wardwell Lewis Park. would be to deed to Gittleman Corporation most of the property obtained from Vernon Development Company and in exchange Gittleman Corporation would release the 60-foot wide road easement. northerly boundary of the park. has agreed to pay all costs associated with the exchange, including relocating the perimeter trail around the park and the entrance to the parking lot. would recommend approval of the land exchange as proposed. No comments being heard, Member Schmidt offered the following resolution and moved its adoption: WHEREAS, the City of Edina presently owns property described as follows (the "City Property") : The purpose of the land exchange The land exchange would thereby square off the Mr. Hughes explained that Gittleman Corporation Staff RESOLUTION Outlot A, Vernon Development 1st Addition, and Outlot B, William Wardwell Lewis Park Addition; and WHEREAS, Gittleman Corporation owns an easement for roadway purposes (the "Easement") over and across the following described property to provide access to other pro- perty owned by Gittleman Corporation: The West 358.95 feet of the East 391.95 feet of the South 60 feet of the North 614.9 feet of the Southwest 1/4 of the Northeast 1/4 of Section 8, Township 116, Range 21. Also the West 60 feet of the East 391.95 feet of said Southwest 1/4 of the Northeast 1/4 lying between a line 818 feet Northerly of and parallel with the South line of said Southwest 1/4 of the Northeast 1/4 and a line 554.9 feet Southerly of and parallel with the North line of said Southwest 1/4 of the Northeast 114. the United States Government survey thereof, Hennepin County, Minnesota, and All according to WHEREAS, the City of Edina has determined that it is in its best interest to convey to Gittleman Corporation a part of the City Property for access purposes (the New Access") upon release of the Easement by Gittleman Corporation, said New Access described as follows: That part of Outlot A, Vernon Development 1st Addition, according to the recorded plat thereof, Hennepin County, Minnesota and that part of Outlot By William Wardwell Lewis Park Addition, according to the recorded plat thereof, said Hennepin County, described as follows: 11 12/19/83 158 Beginning at the northwesterly corner of said Outlot A; thence on an assumed bearing of South 22 degrees 27 minutes 11 seconds East along the nGrtherly line of said Outlot A, a distance 0f~301.45 feet to the northeasterly cprner, of said Outlot A; thence South 0 degrees 09 minutes 30 seconds West alotigithe , easterly line of said Outlots A and 13 a distance of 100.00 feet; thence North 89 degrees 5G minutes 30 seconds West a distance of 60.00 feet; thence North 71 deqrees 44 minutes 33 seconds West a distance of 317.30 feet; thence on a bear-ina of Rorth a distance of 13.09 feet to the northerly line of said Outlot 6; thence on a bearing of East along said northerly line of Outlot B a distance of 62.69 feet to the westerly line of said Outlot A; thence North 0 degrees 09 minutes 30 seconds East along said westerly line a distance of 27.02 feet to the point of beginning. .- :: WHEREAS, Gittleman Corporation has agreed to release the Easement and accept the New Access, NOTJ, THEREFORE BE IT RESOLVED, that the Mayor and Clerk are hereby authorized to execute and deliver a quit claim deed for the New Access upon receipt of a release from Gittleman Corporation of the Easement in form and substance acceptable to the City Attorney; BE IT FURTHER RESOLVED, that Gittleman Corporation shall pay all costs and fees associated with the transfer of the New Access and the release of the Easement and further shall be responsible for all costs associated with relocating the parking lot access drive and perimeter trail located in William Wardwell Lewis Park, subject to the approval of the City Engineer. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. LOCAL NO. 320 CONTRACT TO BE DISCUSSED AT SPECIAL MEETING. Assistant City Manager Bernhardson requested that the Council call a closed meeting immediately following adjournment for the purpose of discussing labor negotiations with Teamsters RESOLUTION ADOPTED RECOMMENDING EXTENTION OF NETRO-MOBILITY TO WESTERN EDINA. Mr. Bernhardson presented a draft letter prepared by the Edina Human Relations Commission and addressed to Metro-Mobility requesting that the boundaries for the Metro-Mobility project be extended to include service to western Edina for the reasons stated in the letter. He noted that Micki Gamer, Chair of the Human Relations Commission, was presented to answef questions. of the forwarding of the letter to the Metropolitan Trans&t::Commission, a reso- lution from the Council would be helpful in support of the request. Following discussion, Member Richards moved approval of the draft letter and offered the . following resolution for adoption: WHEREAS, the Edina Human Relations Commission has recently studied the City of Edina, identifying that population patterns'in Edina'have changed dramatically in the age category of 65 and over from 3,518 people in 1970 to 6,691 people in 1980; and WHEREAS, the Edina League of Women Voters undertook a project in 1981 called "Edina in the 80's'' which studied possible trends in the City of Edina, one being that the average Edina resident will be older because the percentage of the population over age 65 will increase, and that transportation options within Edina need to be provided because the lack of transportation makes it difficult for some seniors to care for their needs, meet socially, or to participate in community life without being institutionalized; and WHEREAS, MTC bus routes have expanded since the inception of Metro-Mobility with West Edina now being served by many regular bus routes that were not effective in the past, and that Metro-Mobility's service should reflect that change also; and WHEREAS, the Appletree Adult Day Care Center operating in Edina provides day services for adults with mental or physical disabilities who are living at home, where two-thirds of its clientele are Edina residents; and WHEREAS, the City of Edina is the only first-ring suburb that is not totally served by Metro-Mobility, and all citizens of Edina, those living on the west side as well as the east side of Highway 100, pay taxes that help finance the Metro-Mobility Program; and WHEREAS, in 1982 the South Hennepin Human Services Council published a report recommending that Metro-Mobility should be expanded in Edina, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Edina, Minnesota, strongly recommends that the Metro-Mobility Project also be extended to the western half of Edina to better serve the handicapped individuals of the entire Edina community. Motion for adoption of the resolution was seconded by Member Turner. In addition to approval RESOLUTION Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. ' ,- 12/19/83 .. I i\ (b 5 m 159 Local No. 320. Motion of Member Richards was seconded by Member Bredesen calling, for a closed Council Meeting immediately following adjournment to be held in the Manager's Conference Room for the purpose of discussing labor negotiations. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. COUNCIL EDINAMITE PARTY DISCUSSED. Member Turner advised that two tentative dates have been selected for the Council sponsored Edinamite party. She requested that the Council Members check their calendars and give her a call so that the date can be confirmed, with the detailed plans to be completed after the holidays. formal action was taken. No COUNCIL REMINDED OF YEAR-END SPECIAL MEETING ON DECEMBER 29, 1983. Mr. Bernhardson reminded the Council Members of the year-end special meeting scheduled for Thurs- day, December 29, 1983 at 5:09 p.m. to be held in the Manager's Conference Room. DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY DESIGNATED. Member Bredesen offered the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: J. 8. Dalen is hereby designated to serve as a director of the Suburban Rate Authority, and Russell Hedlund is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1984 and until their successors are appointed. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. DIRECTOR AND ALTERNATE TO LOGIS DESIGNATED. resolution and moved its adoption: Member Bredesen offered the following RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO LOGIS BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows: Kenneth E. Fosland is hereby designated as a Director of LOGIS and J. N. Dalen is hereby designated as Alternate Director of LOGIS for the year 1984 and until their successors are appointed. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. EDINA SUN DESIGNATED AS OFFICIAL NEWSPAPER FOR 1984. Member Bredesen offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the Edina Sun be and is hereby designated as the Official Newspaper for the City of Edina for the year 1984. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney , Resolution adopted. AETNA DEFERRED COMPENSATION PLAN APPROVED. Mr. Bernhardson recalled that Aetna Life Insurance and Annuity Company about, a year ago had approached the City regarding their Deferred Compensation Plans for public employees. time the City Attorney felt there was some question as to whether the plans qualified under Minnesota Statutes. was then requested and a favorable ruling was received stating that the plans did indeed meet Minnesota requirements. Staff would therefore recommend that Council by resolution authorize the deferred compensation option through the Hennepin County joint purchasing process. following resolution and moved its adoption: RE SOLUTION WHEREAS, the Attorney General of the State of Minnesota has opined that the City of Edina has authority to participate in the Aetna Deferred Compensation Plan under Internal Revenue Code Number 457, known as "Hennepin County Cooperative Deferred Compensation Plan", (hereinafter known as the "Plan"); and WHEREAS, the City Council desires to promote a vari,ety of deferred compensation options for its employees; and WHEREAS, the premiums paid by the City for funding of such a voluntary parti- cipatory plan shall not currently be considered as income paid to the plan participants, NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Edina hereby adopts the Plan that it'currently has in force with the Hennepin County coopera- 1 At that An opinion from the State Attorney General Member Bredesen thereupon offered the 12/19/83 160 tive Purchasing Program for the voluntary participation of all eligible officers and employees of the City; and BE IT FURTHER RESOLVED that the City Manager is hereby abthorized to execute, on behalf of the City, the individual application for participation in this plan . >-. with respect to each eligible officer or employee requesting such participation and to perform any other function which may be necessary for the implementation and operation of the Plan. Motion for adoption of the resolution was seconded by Member Turner. ' Rollcall: * .* Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 1 ORDINANCE NO. 116-A2 EXTENDING R-1 DISTRICT MORATORIUM CONTINUED TO 12/29/83. Mr. Bernhardson advised that the moratorium prohibiting construction of new improvements and expansion of existing improvements in the R-1 District except for single family dwellings will expire on January 9, 1984. He noted that the public hearing for the new Comprehensive Zoning Ordinance is not scheduled until January 16, 1984, and staff would therefore recommend that the moratorium be extended to March 8, 1984. In response to question of Member Bredesen regarding notice to institutions in the R-1 District, Mr. Bernhardson stated that notice of the proposed extention of the moratorium had not been mailed. discussion, Member Richard's motion to continue First Reading of Ordinance No. 11642 Extending the R-1 District Moratorium to February 29, 1984, so that notice could be mailed to institutions in the R-1 District, was seconded by Member Bredesen. . Following - Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. ORDINANCE NO. 902 (LIQUOR ORDINANCE) GRANTED FIRST READING. Mr. Bernhardson pre- sented draft Ordinance No. 902 (Liquor Qrdinance) stating that principally it -will consolidate the basic Ordinance No. 901 and its subsequent amendments into the body of a new Ordinance No. 902. In addition, the following issues have been addressed: 1) permitting the operation of a state licensed wholesale distributor in the community without licensing, 2) defining the term "state established legal drinking age'', \3) raising the amount of bond for on-sale licenses to $5,000.00 -and 4) deleting several facility requirements for the on-sale of non-intoxicating malt liquor. Member Bredesen questioned the amount of bond required for on-sale licenses and Mr. Bernhardson advised that the state established bond requirement is a maximum of $5,000.00. ment clause will be required for Second Reading. Richards offered Ordinance No. 902 for First Reading as follows: Attorney Erickson noted that a repealer and enact- Following discussion, Member ORDINANCE NO. 902 AN ORDINANCE ESTABLISHING A MUNICIPAL LIQUOR DISPENSARY AND REGULATING THE OPERATION THEmOF, LICENSING AND REGULATING THE SALE OF INTOXICATING SALE, DELIVERY OR PROCUREMENT OF SUCH LIQUORS. AND NON-INTOXICATING MALT LIQUORS, AND PRESCRIBING PENALTIES FOR ILLEGAL THE CITY COUNCIL OF THE CITY OF EDINA, HINNESOTA, ORDAINS: Section - i, Definitions. As used in this ordinance: "Person" includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also the municipal liquor store, "Intoxicating liquor" means ethyl, alcohol, and distilled, fermented, spiritous, vinous and malt beverages containing in excess of 3.2 per cent of alcohol by weight. "Non-intoxicating malt liquor'' means any potable beverage with an alco3olic content of more than oneehalf of one per cent by volume and not more than 3.2 per cent by weight, "Sale" and "pUrchase" include all barters, gifts, sales and other means used to obtain or furnish liquor as above described, or any other beverage, in violation or evasion of: this ordinance but does not include sales by state licensed liquor wholesalers selling to licensed retailers. "On*sale" means sale tor consumption on the premises only. "Oft-sale" means retail sale in the original package for consumption away from the premises only, I "Original Package" means any container or receptacle holding liquor, in which the liquor is corked or sealed at the place ot manufacture, 12/19/83 "Cate" or "restaurant" means any place where preparing and serving lunches or meals to the public to be consurned on the premises constitutes the major business thereof. "Food establishment license" means a license granted by the City under the provisions of the ordinance of the City providing for the licensing of food establishments. "Club" means any corporation duly organized under the laws of the State of Minnesota for civic, fraternal, social or business purposes, or for intellectual improvement, or for the promotion ot sports, which shall have more than fifty members, and hich for more than one year shall have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate tor the reasonable and comfortable acconodation of its members, and whose aftairs and management are conducted by a bard ot directors, executive cornittee, or other similar body chosen by the members at a meeting held tor the purpose, none of whose members, ofticers, agents or employees are paid, directly or indirectly, any compensation by way ot protit from the distribution or sale ot beverages to the members of the club or to its guests, beyond the amount of such reasonable salary or wages as may be tixed and voted each year by the directors or other governing body. "State Established &gal Drinking Age". For purposes of this ordinance, the State established legal age for consmption of both intoxicating and non-intoxicating malt liguor is 19 years of age. ' PART A. THE MUNICIPAL LICIUOR T)ISOEVSARY. Sec. 2. Dismnsary Established. There is hereby established a municipal 1iqGr dispensary tor the ottzsale of intoxicating liquor. Sec. 3. Location and Operation. (a) The dispensary shall be located at such suitable places in the City as the council determines by motion. However, no premises upon which taxes or other public levies are delinquent shall be leased tor dispensary purposes . -- - (b) The general management ot the dispensary shall be under the control of the City Vanager, but the dispensary shall be in the inmediate charge of a liquor store manager selected by the City Planager. store manager shall pertorm such duties in the operation of the dispensary as may be prescribed by the City Vanager, but his compensation shall be fixed by the Council. the dispensary in full com7liance with this ordinance and with the laws relating to the sale of liquor and beer. The liquor The liquor store manager shall be responsible for the conduct of (c) The City Manager shall also appoint such additional employees as may be required for the dispensary and shall fix their compsnsation in accordance with Councilaapproved schedules. dispensary, including the manager, shall hold their positions at the pleasure of: the City Manager. for intoxicating liquor shall be employed in the dispensary. shall furnish a surety bnd to the City, condit.ioned upon the faithful discharge ot his duties, in such sum as the council specifies. premium may be paid by the City or by the employee in the discretion of the council. All persons employed in the No person under the state established legal drinking age (d) Every employee required tor the dispensary, including the manager, The Sond Sec. 4. Dispensary Fund Created. -- - (a) A municipal liquor dispensary fund is hereby created, in which all revenues received from the operation of the dispensary shall be deposited and from which all ordinary operating expenses shall be paid. (b) The handling of municipal dispensary receipts and disbursements shall comply with the procedure prescribed by law for the receipt and disbursement ot city funds generally. (c) The accounting procedures of the dispensary shall be established by the City Manager. 12/19/83 162 Sec. 5. Hours of Operation, The dispensary shall not be open for -- -- business ot any kind during the hours &en sales or intoxicating liquor are prohibited. Council . I- Hours ot owration shall be established by resolution of the '. -a Sec. 6. Conditions ot Operation and Restrictions on Consumption. - -- - (a) Yo business other than the sale of liquor shall be carried on in the dispnsary except the retail oft-sale of beer and sort drinks (and accessory items) . (b) No liquor or ker shall be sold on credit. (c) YO person shall be permitted to loiter abut the dispensary habitually . (d) NO person under the state established legal drinking age shall be -it- to remain on the dispensary premises. (e) All restrictions set forth in Section 12 of this ordinance shall also apply to the municipal liquor dispensary, insotar as they can be made applicable. imposed on the dispensary manager, with regard to the manner of conducting the business of the liquor dispensary. All duties imposed by such restrictions on the licensee shall be Sec. 7, Violation 5 Employees, My employee ot the dispensary -- wiltully violating any provision ot this ordinance or any provision of the laws ot the State ot Yinnesota relating to gavbling or the sale of intoxicating liquor or nonaintoxicating malt liquor shall be discharged disciplined as appropriate. PART R. SALE OF INTOXICATIS LICXIOR. Sec 8. License Required. -- (a) Such licenses shall permit the onssale ot intoxicating liquor :only, Licenses as herein described may be issued only to a club which held a club license prior to January 1, 194c1, for the sale ot intoxicating liquor, Xo license- shall Se issued to any club which after January 29, 1934, has been convicted of any wilful violation ot any law ot the United States or the State ot Minnesota, or any local ordinance, with regard to the manufacture, sale, or distribution of intoxicating liquor, nor to any club whose license, ot either kind, under this ordinance is after said date revoked for any wilful violation hereof, or ot such laws. pretense or by any device, manufacture, import, sell, exchange, barter, dispose ot or keep tor sale any intoxicating liquor on any day other than Sunday without first having obtained an onzsale license No person shall, directly or indirectly, upon any (b) No prson shall, directly or indirectly, upon any pretense or by any device, mnufacture, import, sell, 'exchange, barter, dispse of or keep for sale any intoxicating liquor on Sunday without first having obtained a Sunday sale license, A person must have an onasale license as a prerequisite tor a Sunday sale license. (c) A temprary license for the owsale of intoxicating liquor may be issued on the following terms and conditions: (1) Such a license shall be issued only to a then current onasale license holder; (2) KO more than one (1) such license shall be issued during each calendar year; Such license shall permit the licensee to sell intoxicating liquor only in connection with the Edina Foundation Ball; (3) (4) Such license shall allow the onssale of intoxicating liquor only, and only on the premises described in the license; I I (5) such license shall be issued for one period ot time, the len3t!! of which does not exceed 24 consecutive hours; and . -- - I 121 191 83 163 (6) The terms and conditions described in such license shall prevail over the terms and conditions ot Section 19 of this Ordinance No. 902. Sec, 9. License Procedure or Control; Penalties. The provisions or Ordinance No. i4i ot the City, includGg the penalty provisions thereot, shall apply to all licenses required by this ordinance for the sale of intoxicating liquor, and to the holders ot such licenses, except that licenses and renewals thereof shall be granted or denied by the Council. licensed, or applying tor a license, under this Ordinance, in addition to other requirements imposed by this Ordinance tor the obtaining or renewal of: a license, shall demonstrate proof ot financial responsibility with regard to liability imposed by Minnesota Statute, Section 34p1.95, to the City Clerk, as a condition to the issuance or renewal ot such license, in the manner and to the extent required by Minnesota Statute, Section 34p1.11, Subdivision 21, provided, if any licensee or applicant claims exemption from the requirements of said statute, proot of such exemption shall be established by aftidavit given by such licensee or applicant, such aftidavit to Se in form and substance acceptable to the City Clerk. -- Every person Sec, 1pI. License Fee, The license fee shall be set in Ordinance No. - -- 171 , Sec. 11. Eond. Applicants tor licenses or renewals of licenses shall -- - file with each application a bond running to the City in the penal sun of . $5,000 . conditioned as follms: liquor; " . (a) That the licensee will obey the laws relating to the sale of (b) That the licensee will pay to the City when due all taxes, license (c) That in the event of any violation ot the provisions ot any law fees, penalties and other charges provided by the law; relating to the sale of intoxicating liquor, such bnd shall be forfeited to the City; and (a) That the licensee will pay to the extent of the principal amount of such bond any damages for death or injury caused by or resulting from the violation ot any provision of law relating thereto, and in such cases recovery under this su5division (d) may be had from the surety on his Sond. The amount specified in such bond is declared to be a penalty, the amount recoverable to be measured by the actual damages; provided, however, that in no case shall surety be liable for any amount in excess ot the penal amount ot the bond. Sec. 12. (a) Every licensee shall be responsible tor the conduct of his place (b) No liquor shall be sold to any person under the state established (c) No person under the state established legal drinking age shall Manner of Conducting Sale of Liquor. of business and shall maintain conditions of sobriety and order therein. legal drinking age, or to an intoxicated person, directly or indirectly. be employed in any rmms constituting the place in which intoxicating liquors axe sold. -- - - (d) No licensee shall keep, possess or operate, or permit the keeping, possession or operation on the premises, or in any room adjoining the licensed premises controlled by him, any slot machines, dice or other gambling device or apparatus, nor permit any gambling therein, nor permit the licensed premises or any room in the same or in any adjoining building, directly or indirectly under his control, to be used as a resort for prostitutes or other disorderly persons, whole or in part by any manutacturer or distiller of intoxicating or non- intoxicating malt liquor. (e) No equipment or fixture in any licensed place shall be vied in (t) No license shall be granted for operation on any premises upon which taxes or assessments or other tinancial claims of the City are delinquent and unpaid. (9) All premises licensed hereunder shall be open to inspection by any police or health ofticer or other properly designated officer or employee of the City at any time during which the place so licensed shall be open. 12/19/83 164 (h) ?\lo person ot known immoral character.and no disorderly person (i) No clu5 shall sell liquor except to inemhers and guests of members. shall be permitted on the premises. PAWT c; NON~INTOXICATI'G WLT LIOiJOR Sec.' 13. License Required. -- (a) NO person shall sell, vend, deal in or dispose of, by gift, sale I or otherwise, or keep or otfer, for omsale or offrsale, any non+intoxicating malt liquor without tirst having received a license therefor. (b) 3n-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, including golf courses which are a part of or within a public park, public park, and to bowlinq alleys; provided, that no license may ke granted to any person under the state established legal. drinking age, or to any person convicted of any wilful violation of any law of the United States or the State of Minnesota, or any local ordinance, with regard to the manutacture, sale, or distribution of intoxicating liquor. No onksale license shall be granted to any such restaurant, club, golf: course, indoor recreational facility, or bowling alley that has not been in operation at that place tor at least 6 months imediately preceding such application; provided, however, that the council may waive said requirement of 5 months' operation by a 4/5 vote. to indoor recreational facilities which are a part of or within a (c) No on or oti-sale license shall be granted to any theater, recreational hall or center, dance hall or place where dancing is permitted, or other place ot public gathering tor the purpose ot entertainment, aqusement, or playing ot games, except golt courses, indoor recreational tacilities which are a part of or within a public park, and Sowling alleys. NO license shall be granted tor sale on any premises where a license hereunder has been revoked tor cause for at least one year atter such revocation, except that on unanimous vote ot the council such license may Se granted at any time atter such revocation. (d) Wo on or ott-sale license shall be granted to distributor of: non-intoxicating malt liquor, or to anyone manutacture. r .. (e) NO on or off-sale license shall be granted to feet of any public school. any manukacturer or interested in such premises within 259 Sec. i3a. Temyrary On-sale License. Temporary licenses for the on* -- sale ot nonsintoxicating malt iiquor my be issued on the following terms and conditions : (a) They shall be issued only to applicants which are: (1) A corporation or organization organized for service to the conanunity, state, or nation, for social purposes, tor the promotion of sprts, or for the promotion of persons to elective office, where the serving ot nom intoxicating malt liquor is incidental to and not the main purpose of the organization; ox (2) A charitable or religious corporation tor and to -which gifts are deductible from the income of the donor under the Internal Revenue Code of ' i954, as now enacted or as hereatter amended; and which meet all the following requirements by presentation of evidence satistactory to the City Manager: (i) Applicant must have been in existence and actively engagd in programs intended to further and promote the purposes tor which organized for a period ot at least 18 consecutive months prior to the date application is made for such license; (ii) Applicant must be a bona tide organization, organized for one or more of tle purposes set out in (1) and (2) above in this paragraph (a), and not for the sole or main purpose of obtaining such license. 12 / 19 I83 165 (b) Not more than tm (2) such licenses shall be issued to any one corporation or organization in a calendar year, and there shall be at least ninety (9n) days between the license issue dates. (c) 3nly one such license shall be issued for any date. (d) Each such license shall allow the ongsale of nondintoxicating malt liquor only, and only on the premises described in, and t’or the days specified in, the license. (e) Each such license shall be issued for two (2) consecutive days only, and sales during such days shall be subject to the provisions of Sec. 18 ot this ordinance relative to the hours of sale. (t) The applicant fcrr a temporary license shall subit an application pursuant to Sec. i4 of this ordinance, and containing such additional intormation as the City Yanager may request as to the purpose and business of the applicant, at least forty-five (45) days in advance of the days for which such license is requested, and including with such application evidence satisfactory to the City ~anager that the applicant has in force, and will have in force on the days for which the license is requested, with a company or companies acceptable to the City Yanager, a public liability insurance policy, and a liquor liability policy covering liability under the provisions of klinnesota statutes, Sec. 348.95, providing coverage of at least $3BpI,c?flB for injury to one person and $5110,?100 for injuries from each occurrence, and at least 559,gOO for damage to property, and naming the City as an additional insured party on such policies. me fee shall not be refunded unless the application is withdram or denied for reasons other than willful misstatement in the application. - ‘c;;t m I\. 0 m 1 (9) The license fee shall be as set forth in Ordinance No. 171. cc (h) The provisions of Part C of this ord-inance shall be applicable to the holders of, the premises licensed by, and license issued under this Section i7A, except that the applicant tor such a license need not have been incorporated tor more than ten years, nor own and operate a cluS house for its members, nor be a regularly established restaurant, golf course, or bowling ’ alley, and except further that the provisions of paragraph (c) of Sec. 13 and of paragraph (b) ot Sec. 17 of this ordinance shall not apply to licenses issued under this Section 17A. (i) Once granted, and upon application made at least five (5) days in advance of the dates for which the license is issued, an applicant may request a transter of the license to another period of two (2) consecutive days. ?he City Manager may grant such transfer if no temporary on-sale license has then been issued .tor that same time period. -- Sec. 14. Intormation in Applications. The application for license ox renewal ot license shall contaz the tollowinq additional information in addition to the information required by said Ordinance No. 141. (a) ‘Elhether the application is made for on*sale or off+sale; (b) What additional business is to be transacted by the applicant at the premises to be licensed; and Sec. i5. License Fee. The license fee shall be set in accordance -- - with Ordinance No. 171. Sec. i6. License Procedure or Control; Penalties. The provisions ot -- Ordinance No. i4i ot the City, incluxng the penaity provisions thereot, shall apply to all licenses required by this ordinance for the sale of non- intoxicating malt liquor, and to the holders ot such licenses, except that licenses and renewals therof shall be granted or denied by the council. person licensed, or applying for a license, under this Ordinance, in addition to other requirements imposed by this Ordinance tor the obtaining or renewal of a license, shall demonstrate proof of tinancia1 responsibility with regard to liaSility imposed by vinnesota Statute, Section 340.95, to the City Clerk, as a condition to the issuance or renewal ot such license, in the manner and to the extent required by Minnesota Statute, Section 348.li, subdivision 21, provided, it any licensee or applicant claims exemption from the requirements ot said statute, proot ot such PXcePtion shall be established by attidavit given by such licensee or applicant, such attidavit to he in torm and substance acceptable to the City Clerk. Every 12/19/83 4. Sec. 17. (a) All restrictions relating to the manner ot conducting the sale ot intoxicating liquor on premises licensed tor such sale, and the maintenance o$.* order on such premises, shall also apply to the manner ot conducting the sale ot non-intoxicating malt liquor, and the maintenance ot order on premises licensed tor such sale. hqanner ot Conductinq Sale ot KorlSIntoxicatinu Malt Liquor. 166 -- - -- - - *x (b) In any place licansed for the onksale of: nonsintoxicating mlt liquor, except Sowling alleys, the liquor shall Se served and consumed at tables in the dining or refreshment room on the licensed premises, and shall not be consuined or served at bars; provided, the same may 5e served at counters where food is regularly served and consumed. PART Do MISCELLANEUJS PROVISIO~S I Sec.. 18. Hours of Sale of Liquor. -- ---- (a) Eo sale of nonsintoxicating malt liquor shall be made Setween the hours of 1:E A.M. and 8:63 A.M. on any weekday, Yonday through Saturday, nor shall any sale be made on any Sunday between the hours of i:'EB A.M, and i2:0@ noon . (b) No on-sale of intoxicating liquor shall be made until 8:QIll A.M. on Monday nor between the hours of 1:03 A.M. and 8:OO A.M. on any weekday, Tuesday through Saturday; nor after 8:m P.M. on Decenber 24. (c) No onhsale or offL;sale of intioxicating liquor shall be made atter I:CB A.M. on Sunday nor until 8:gB A.M. on Wnday, except as allowed by this ordinance as to holders of a Sunday sale license who nay saxe intoxicating 'liquors fron 12 o'clock noQn to 12 o'clock midnight on Sundays in conjunction with the serving of food. ' (d) No ott-sale of intoxicating liquor shall be made betore 8:m A.Y. or after 8:3f P.M, on any day, except Friday and Saturday, on which off-isales may be made until 1C:x P.M., and no off-sale shall be made on Vew Year's Day (January 1) , Vemorial Day (the last Yonday in Yay) , Independence Day (July 4) , Thanksgiving Day, or Christmas Day (December 25), but on the evenings preceding such days, if the sale of intoxicating liquor is not otherwise prohibited on such evenings, otfasales may be made until i3:~ P.Y., except that no ott-sale shall be made on December 24 atter 8:X P.M. . Sec. 19. Place of Consumption. NO intoxicating or non-intoxicating -- -- malt liquor shail be consumed in a puglic park, on a public street, or in any public place; provided, however, that nonLintoxicating malt liquor may Se consumed,. subject to the other provisions ot this ordinance, (i) inside the clubhouse of a golt course which is a part of or within a public park if that golf course has Seen granted an onrsale license tor nonqintoxicating malt liquor, and (ii) inside an indoor recreational kacility which is a part of or within a public park and which has been granted an onLsa3.e license tor n0n.s intoxicating malt liquor. places descrihd in Section 13(c) of this ordinance. No such liquor shall be consumed in any of the PART E. ' ANTI+SPIYIS PROVISIONS . Sec. 21?. No Liauor in Restaurants. No person shall take or carry any -I_ --- intoxicating liquor to or into any building of place for the purpse of consumption therein, or consume any intoxicating liquor in any building or place which is operated as a restaurant under a food establishment license. Sec. 21. Yixinq or Sale for Flixinq Prohibited. or sell tor the purpose ot mixing, any malt liquor, sott drink, or other liquor or beverage by adding to or with the same any intoxicating liquor, in any building or place operated as a restaurant under a rood establishment 1 icense . No person shall mix, -- ---- Sec. 22. Illegal to Permit Mixing. No psrson shall suffer or permit .the consumption of intoxicXing liquor, or any mixing or spiking ot malt 'liquor, soft drink, or any other liquid or beverage by adding to the same any -- intoxicating liquor, in any building or place operated as a restaurant under a too6 handling license. 161 Sec. 23. Presumption. The tact that any person in any building or -- place which is operated as a restaurant under a tood establishment license sold malt liquor, soft drinks or any other liquid or beverge to a person who thereupon and therein added to such liquid or Severage any intoxicating liquor shall be prima facie evidence that such liquid was sold by such person for the purpse of adding intoxicating liquor thereto, and shall be prima tacie evidence that such person and his employer suffered and permitted the mixing or spiking of such liquid by adding intoxicating liquor thereto. PART F. SALE OF INTOXICATIX LIQUOR AT OFFGSALE. Sec. 24. Sales Limited to MuniciDal Liquor Store, No intoxicating -- - liquor shall be sold within thisTity, OK caused to be thus sold, by any person, by any municipal liquor store, or by any agent or employee of such person or store, except on the premises in the City occupied by the municipal liquor store. PART G. PURCHASE, POSSSSSI0”J AND CO9SUMPTION OF INTOXICATING LIaUOR AND NON+ INTOXICATING )MALT LIQUOR BY MINORS . Sec. 25. Purchase by Persons UnCier the State Established Legal Drinking -- - Acre. f.To person under the &te estab~d-&~inking aqe shall purchase. _. directly or indirectly, any intoxicating liquor or non-intoxicating malt liquor. Sec. 26. P4isrepresentation of Age. No person under the state establishedla drinking age shallFeeent that he or she is 19 years of age or over for the purpose of obtaining any intoxicating liquor or non- intoxicating malt liquor. Sec. 27. EstablishedLe-1 Drinking A5c No person Ser the stsstablished le@- drinking age shall possess or consume intoxicating liquor or non-intoxicating malt liquor, except at the household of and in the personal presence of his or her parent or lawful guardian. Possession or Consqtion by Perso-ns Under the State Sec. 28. ‘Furnishing to Persons Under the State Established Legal -- --- Drinking Age. the state established legal drinking age any intoxicating liquor or non- intoxicating malt liquor, except in the company of his or her parent or lawful guardian. No person shalrpurchase for or furnish to any person under Sec. 29. Reliqious Services and bfedical Treatment Excepted. Nothing in the toregoing shall be deemed to pronibit the use ot wine in the course ot religious services nor the use of: liquor pursuant to the directions ot a physician as a matter of: treatment. - -7 Sec. 37. Ordinance to be Displayed fir. On-sale Dealers, All establishments licensed tor the on-sale ot non-intoxicating malt liquor are required to post copies oh Sections 25 and 26 hereof: in every booth and near every table where such liquor is sold as well as to display a copy prominently behind every bar. -- -- - See. 31. Ordinance to be Displaved & 0ft;Sale Dealers, ?dl establishmentxicensed tor the ohtisale ot non-intoxicating malt liquor shall prominently display a copy of Sections 25 and 3.5 hereof behind every bar or counter where such liquor is sold. - -- Sec. 32. Penaltv. Any person who violates or fails to comply with -- any provision of: this ordinance shall be guilty of: a misdemeanor, and subject to the penalties set forth in 9rdinance No. 175. LIQUOR FUND REPORT as of October 31, 1983, was presented, reviewed and ordered placed on file by motion of Member Turner, seconded by Member Richards. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. CLAIMS PAID. of the following Claims: Center $3,550.54, Swimming Pool Fund $51.07, Golf Course Fund $2,770.27, Recreation Center Fund $4,759.85, Waterwork Fund $637.85, Sewer Rental Fund $803.39, Liquor Dispensary Fund $82,723.25, Construction Fund $95,618.11, Total $371,624.87, and for confirmation of payment of the following claims: Motion of Member Turner was seconded by Member Richards for payment General Fund $156,589.45, Park Fund $24,171.09, Art General 12/19 183 Fund $213,881.56, Park Fund $3,788.37, Art Center $462.79, Swimfning Pool*Fund Fund $352,180.35, Construction Fund $45196.05, Total $585,969.95. .. $23.04 , Golf Course Fund $3 , 455.04 , Recreation Center Fund $4 , 202.38 , Gun Range Fund $153.35, Waterwork Fund $3,539.57, Sewer Renpal Fupd $87.45, Liquor Dispensary .I, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. There being no further business, Nayor Courtney declared the meeting adjourned at10:35 p.m. The Ed aa C :y Counc I 2&%.&- City Clerk MINUTES OF THE SPECIAL 3EETING OF THE EDINA CITY COUNCIL JBLD AT CITY HALL DECEMBER 19, 1983 1 held a closed meeting to discuss a med ator ' s proposal regarding 1abor.negotiations with Teamster's Local 320 at the close of the regular Council Meeting on December 19, 1983. Present were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. Also present was the Assistant City Manager. a No formal action was taken. The meeting was