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HomeMy WebLinkAbout19840416_regular27 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 16, 1984 Answering rollcall were members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. BIKE SAFETY WEEK PROCLAIMED. -~ BICYCLE SAFETY WEEK PROCLAMATION As Mayor of the City of Edina, I call upon all members of this community to give their wholehearted support to the 21st Annual Edina Bicycle Safety Program which has traditionally been sponsored under the united efforts of various Edina civic organizations. The purpose of the Program is to reduce the hazard of bicycle riding for young bicyclists, as well as for pedestrians and motorists. of our streets and highways daily increases the dangers for the careless or unskilled rider. year throughout our nation (due to collisions between bicycles and motor vehicles alone) have alerted us to the need for such a Program. girls, at an early age, in proper riding skill, by teaching them the laws govern- ing bicyclists, by explaining the reasons for obeying safety rules and by helping them to be aware of the hazards of biking, we feel that Edina is making a concerted attempt to assure that the number of accidents does NOT keep up with the ever- increasing number of bicyclists. The energy crisis may even now be creating the need for our adults to,,use their bicycles as a means of transportation for short haul errands. all to become thoroughly familiar with the "rules of the road" to minimize the incident of accidents. We should all remember that a bike is no longer just a toy, but a vehicle to be taken seriously. The safety of our children cannot be relegated to a once-a-year campaign. for the support of every parent in carrying out this.campaign all year long and I urge every youngster to participate in this Bicycle Safety Program and then to practice what he has learned - for hissafety as well as for the safety of others. As Mayor of Edina, I hereby proclaim the week of April 23rd to be Bicycle Safety Week and April 28th to be Bicycle Safety Day in the City of Edina. PROCLAIMED this 16th day of April, 1984. Mayor Courtney read the following proclamation: The growing congestion Reports of hundreds of deaths and thousands of injuries each I By training our boys and m TI- 00 It behooves us a I call ' MARY NELSON AND PATRICIA MARR RECOGNIZED. introduced Mary Nelson and Patricia Marr advising that they both work in the Finance Department. Patricia Marr has been employed by the City since June of 1969 and is responsible for input of financial data into the computer, including journal entries and monthly reports and also is responsible for ambulance billings. Nelson has been with the City since July of 1972 and is an accountant and internal auditor. She is responsible for preparation of financial statements for various funds, for payroll and sales tax returns and year end statements. Mr. Bernhardson . commended them for their.dedication and loyal service to the City and presented them with silver pens bearing the City logo. their appreciation and commendations. MINUTES of the Regular Council Meeting of April 2, 1984, and the Special Council Meeting of April 9, 1984, were approved as submitted by motion of Member Schmidt, seconded by Member Turner. Assistant City Manager Bernhardson Mary Members of the Council also extended Ayes: Bredesen,' Richards, Schmidt, Turner, Courtney Motion carried. CONTINUED HEARING OF STORM SEWER IMPROVEMENT NO. P-ST.S.-173 CONDUCTED; PROJECT AUTHORIZED. 1984, a public hearing was conducted on a proposed Storm Sewer Improvement No. P-ST.S.-173, for the area of the Edina-Bloomington Border-Highway 100, and that the Council had discussed methods of financing the project. was then continued to this date and staff was instructed to develop a specific proposal using the Chapter 429 method of financing (special assessment based on square feet and type of development) when more facts are known as to what the City of Bloomington is going to do. Mr. Hoffman then reviewed the proposed project, pointing out the areas proposed to be assessed and showing graphics illustrating the existing storm sewer system and proposed storm sewer in the area. He advised that a storm water management plan has been prepared for the area of Bloomington and Edina lying north of 1-494 and between Normandale Boulevard and Xerxes Avenue. concrete pipe-arch along the south city limits from Normandale Boulevard to approximately 2500 feet east to decrease the chances of substantial flooding in the area. The existing ponding area would remain easterly of that point. A revised preliminary cost estimate of the proposed work is $1,435,779.70 which is proposed to be shared equally by Edina and Bloomington, with Edina's share in the Engineer Hoffman recalled that at the Council Meeting of March 19, . The hearing I This plan recommends the construction of a 138" x 88" reinforced 4/16/84 ..- I amount of $717,944.85. are proposed to be assessed against owners of benefitted properties based on square feet of property and type of existing or anticipated development on said property. Mr. Hoffman presented proposed rates of assessment as follows per map on file: Under Chapter 429 of the State Code the costs of the project Sub Area 1: 1 1% cents per square foot for multi-family property 2 5 2 4 cent per square foot for single residential property cents per square foot for office/industrial property cents per square foot extraordinary benefit area cents per square foot for multi-family property cents per square foot for office/industrbal property Sub Area 2: 8 cents per square foot Sub Area 3: I The general area proposed to be assessed includes an area bounded by Highway 100 on the west, Richfield border on the east, Bloomington border on the south and on the north starting at Highway 100 proceeding along West Shore Drive to Hibiscus to Gilford Drive, north along Oaklawn Avenue thence easterly along W. 72nd Street extending easterly to the Richfield border. John Sheedy, 4940 Viking Drive, stated he was representing Pentagon Associates and that after reviewing the proposed project and assessment the owners have decided not to oppose the project, but could see no direct benefit and questioned the method of the proposed assessment. Mr. Sheedy requested that there be a review and some consideration in the method that has been set for determining how many cents per square foot are going to be assessed against their properties. the proposed assessment and reserve the right to discuss their benefits with Council at.the assessment hearing. Bill Roberts, 4401 W. 76th Street, representing National Computer Systems, stated they would also like to have a review of the assessment rate structure, that the net benefits to National Computer Systems is nil, and asked that the record show that they are opposed to the assessment rates as proposed. 7700 France Avenue, representing National Car Rental, pointed out that when their pro- perty was developed 3 years ago, at the request of the. City approximately eight per - - cent of their land was set aside for storm water purposes. He stated that having made that contribution of land they consider the proposed assessment unfair and would loqk to the Council for relief. Tom Kelly, 7450 France Avenue, representing.Wausau Insurance, stated that inasmuch as they have owned and operated a building they have paid' their assessment for the storm sewer-and that the benefit of the project would be for the owners of the undeveloped land. He questioned.the way the assessment sub areas were divided and voiced his objection. No further comment being heard, Member Bredesen stated that though comments were made about the proposed assessment, no one indicated the project was not needed and offered the following resolution, moving its adoption: RESOLUTION ORDERING UMPROVEMENT He asked that the record show that they do not agree at this time with Bill Zucco, STORM SEWER IMPROVEMENT NO. ST.S.-173 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore cuased notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improve- ment : 1. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. ST.S.-173 IN THE FOLLOWING: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and mainte- nance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as follows : and the area to be specially assessed therefor shall include: Lots 1 thru 34, 39, 45, 46; 47, Blk. 1; Lots 1 thru 26, Blk. 2; Lots 1 and 3, . Blk. 3, Oscar Roberts First Addition; Outlot 1 and 2, Lots 1 thru 11, Blk. 1; Lots 1 thru 12, Blk. 2; Lots 1 and 2, Blk. 3, Bertelsen 3rd Add'n.; Tract A and By R.L.S. 1270, Apt. Ownership No. 88, Heatherton of Edina Condo; Lots 1 thru 3, Blk. 1, Hedberg Parklawn 1st Add'n.; Tracts C thru J, My and X, R.L.S. No. 1129; Lots 1 thru 3, Blk- I, Edina Office Center; Lots 1 and 2, Blk. 1, Edina Office Center 2nd Addition; Tracts A thru My P thru S, R.L.S. No. 1218; Tracts B thru S, R.L.S. No. 1050; Tract A, R.L.S. No. 679; Lots 7 thru'l3, Blk. 2; Lots 1 thru 7, Blk. 3; Lots 3 thru 8, Blk. 4, Lake Edina 4th Add'n.; Tract A, R.L.S. No. 938; Lots 1 thru 13, Blk. 3, Lake Ed'ina 3rd Add'n.; Lots 4 thru 6, Lake Edina 5th Add'n.; Lot 1, Blk. I, Yorkdale Townhomes of Edina; Lot 1, Blk. 1, Outlot A, Ebenezer Society 1st Add'n.; Lot 1, Blk- 1, Al Johnson Add'n.; Lot 1, Blk. 1, Paul Klodt First Add'n.; Lot 1, Blk. 1, Northwestern . Financial Center; Lot 1, Blk. 1, Eden Place; Parcel 800, 1200, 2802, 2850, - - 4800, 6000, 6800, 6400, 8000, 9210, and 2400, Section 32 Township 28, Range 24. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. Edina-Bloomington Border-Highway 100 - Easterly 2500 Feet Plus or Minus STORM SEWER IMPROVEMENT NO. ST.S.-173 -4 I Motion for adoption of the resolution was seconded by Member Schmidt. 4/16 /84 PRELIMINARY PLAT APPROVED FOR MENDELSSOHN 2ND ADDITION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition for preliminary plat approval for Mendelssohn 2nd Addition, generally located south of Belmore Lane and west of Griffit Street. He advised that the subject property measures approximately 2.7 acres in area and is zoned R-1 Single Dwelling Unit District. parcels. single dwelling buildings. proponent is requesting a replatting of the property into a total of eight lots. Four of these lots would front on Belmore Lane and four would front on the northerly extension of the Arthur Street cul de sac. lots would contain the three existing homes. present new building sites. f,eet to 16,300 square feet, with the average about 13,400 square feet. stated that all lot dimensions exceed the minimum requirements of the Zoning Ordinance. Two of the three existing dwellings now maintain non-conforming set- backs from Belmore Lane; all other setbacks comply with the Ordinance. The only identified physical constraint affecting the property is storm water drainage. The southerly part of the property is low and collects drainage from surrounding properties. that the westerly extension between Lots 7 and 8 of an existing storm sewer will provide proper drainage. Staff believes that the proposed subdivision represents a Proper development of the property. sistent with other lots in the vicinity and comply with the requirements of the Zoning Ordinance. Lane rather than from an extention of Arthur Street but would have several dis- advantages. In staff's view the proposed access to the site from the south is the most efficient method of serving the property. Mr. Hughes advised that the Community Development and Planning Commission had considered the proposed sub- division at its meeting of March 28, 1984, and had agreed that the proposal . with the northerly extention of Arthur Street represented the best develop- ment of the property and therefore recommended approval subject to subdivision dedication and a Developer's Agreement including the proposed storm sewer extension between Lots 7 and 8. Robert Anderson, 413 Arthur Street, stated he was concerned about drainage from the proposed subdivision onto his lot. also stated that when he bought his home in 1963 there was no sewer and he had to pay for a sewer extention from Griffit Street. time that should a larger sewer be constructed to accomodate future development that there would be some consideration for having to pay the entire cost for the sewer in 1963. Mr. Hughes responded that a preliminary grading plan for the subdivision has been submitted and that a Developer's Agreement would need to be signed before final plat approval, which would provide for adequate grades to insure that drainage would flow to the new storm sewer. With regard to the 1963 sewer agreement, Mr. Hoffman stated that Mr. Anderson's comments are now of record and he would check into the matter. Street, asked who would pay for the storm sewer extention. Mr. Hoffman advised that the developer would be required to pay for all costs for development of the property. No further comment being heard from the public, Member Turner commented that the proposed subdivision is consistent with the size of other lots in the area and moved adoption of the following resolution: The property is presently composed of four Three of these parcels front on Belmore Lane and are developed with The fourth parcel is landlocked and vacant. The Three of the Belmore Lane The remaining five lots would re- The proposed lots range in area from 10,100 square Mr. Hughes A preliminary review of the plat by the Engineering Department shows Lot sizes are generally con- The property could be served by a cul de sac from Belmore He It was also agreed at that . Bob Kilgore, 404 Griffith RESOLUTION APPROVING PRELIMINARY PLAT FOR MENDELSSOHN 2ND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Mendelssohn 2nd Addition", platted by Fred G. Braun and presented at the regular meeting of the City Council of April 16, 1984, be and is hereby granted.preliminary plat approval; Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. HEARING DATE SET FOR PLANNING MATTER. motion was seconded by Member Schmidt setting May 7, 1984, as hearing date for rezoning from R-1 District to Mixed Development District for Edinborough, generally located south of W. 76th Street and west of York Avenue. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. As recommended by staff, Member Bredesen's HEARING DATE SET FOR STREET VACATION/PORTION OF LINCOLN DRIVE. staff, Member Bredesen offered the following resolution and moved its adoption: As recommended by RESOLUTION CALLING FOR PUBLIC HEARING ON BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: VACATION OF PORTION OF LINCOLN DRIVE 4/16/84 ._ 1301, is hereby found and determined that the following described easement for street purposes should be considered for vacation, in accordance with the provi- sions of Minnesota Statutes, Sections 412.851 and 160.29: All that part of Lincoln Drive adjoining Block 1, Oitlot A, and Lot 2, Block 2, all in INTERLACHEN HILLS 3RD ADDITION, which lies southerly and easterly of the following described line: . Commencing at the northeast corner of Lot l., in said Block 1; thence South 77 degrees 07 minutes 56 seconds West, assumed bearing, along the northerly line of said Lot 1, a distance of 227.31 feet to the northwest corner of said Lot 1, being the point of beginning of the line being described; thence South 0 degrees 11 minutes 19 seconds East, a distance of 92.00 feet; thence South 52 degrees 25 minutes 51 seconds West, a distance of 14.04 feet to the westerly line of said Lincoln Drive and there terminating. 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 2. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to pose such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in sutstantially the following form: This Council shall meet at the time and place specified in the form of notice (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON VACATION OF PORTION OF LINCOLN DRIVE , IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on May 21, 1984, at 7 p.m., for the purpose of holding a public hearing on the proposed vacation of the following street: All that part of Lincoln Drive adjoining Block 1, Outlot A, and Lot 2, Block 2, all in INTERLACHEN HILLS 3RD ADDITION, which lies southerly and easterly of the following described line: I Commencing at the northeast corner of Lot I., in said Block 1; thence South 77 degrees 07 minutes 56 seconds West, assumed bearing, along the northerly line of said Lot 1, a distance of 227.31 feet to the northwest comer of said Lot 1, being the point of beginning of the line being described; thence South 0 degrees 11 minutes 19 seconds East, a distance of 92.00 feet; thence South 52 degrees 25 minutes 51 seconds West, a distance of 14.04 feet to the westerly line of said Lincoln Drive and there terminating. All persons who desire to be heard with respect to the question of whether or not the above proposed street vacation is in the public interest and should be made shall be heard at said time and place. the extent to which such proposed vacation of street affects existing easements within the area of the proposed 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 The Council shall consider 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 portTon thereof vacated to maintain, repair, replace, remove or otherwise attend thereto, for the purpose of spec?fying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. I Marcella M. Daehn City Clerk .. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 4/16/84 31 PUBLIC HEARING ON VACATION OF SUMMIT AVENUE CONTINUED TO 5/7/84. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Engineer Hoffman presented the petition for vacation of'Summit Avenue, which is a one-way street going south from Interlachen Boulevard to Vernon Avenue, advising that the request is being submitted to permit construction of eight townhouses, five of which would be sited on the west side.of Summit Avenue of which one would be located on the Summit Avenue right of way. vacate Summit Avenue and believes that it is not necessary to maintain it as a public street and would recommend vacation of Summit Avenue including the easement over the west 6 feet of Lots 30, 31 and 32, Block 3, Grand View Heights which the City has retained for park and landscaping purposes. Northern States Power Company has requested there be reserved a 10-foot utility easement along the east side to protect an.existing pole line. Also, Minnegasco has requested there be reserved a utility easement over the west 20 feet of that part 'of Summit Avenue lying adjacent to Lot 1, Block 4, Grand View Heights. For' the remainder of Summit Avenue, adjacent to Lots 6, 7 and 29, it is recommended that either: 1) the remainder of Summit Avenue be vacated and all three property owners enter into a common usage agreement as a private roadway, or 2) if made part of the vacation request for the townhouse project that the owners would be responsible for the routine maintenance thereof. The vacation would be granted subject to a building permit being issued for the townhouse project. Member Bredesen asked if the recommendations had been discussed with the property owners affected. Mr. Hoffman stated that no comment has been heard from them. Member Richards questioned why the City should vacate the roadway as opposed to selling the land to the developer, stating that to vacate would be making a p'ublic contribution to the developer. has been the practice when a street is vacated that one half of the roadway is added to the land of the adjoining property owners. He stated further that if the remainder of Summit Avenue is vacated it would be preferable that the property owners enter into a common usage agreement as a private roadway. Stating that he felt any action at this time would be premature and that the property owners should be contacted regarding the common usage agreement recommendation, Member Richards moved that the hearing on thexequest for.vacation of Summit Avenue be continued to the Council Meeting of May 7, 1984. Motion was seconded by Member Turner. Staff has reviewed the request to Mr. Hoffman noted that Attorney Erickson clarified'that in Edina it- Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. _- REQUEST FOR VACATION OF AMUNDSON AVENUE DENIED. sented by Clerk, approved as to form and ordered placed on file. Mr. Hoffman presented the request for vacation of Amundson Avenue within the plat of William Wardwell Lewis Park Addition, advising that the request was made by the owner of Lots 1 and 2, Block 1, William Wardwell Lewis Park Addition. The Amundson Avenue roadway has not been constructed. adding the west one-half of the roadway easement to the land area of the adjoining Lots 1 and 2, Block 1. Mr. Hoffman stated that there are no existing utility easements on the Amundson Avenue right of way. The City does maintain a pathway on the right of way which the Park Department intends to improve as some point in the future. Also, the right of way may be needed for road access to future parking areas. within the plat of William Wardwell Lewis Park Addition would not be in the best interests of the City and recommends against vacation. heard, Member'Schmidt moved'to deny the request for vacation of Amundson Avenue, Affidavits of Notice were pre- The request is made for the purpose of Staff therefore concluded that vacation of Amundson Avenue No public comment being as recommended by staff. Motion-was seconded Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Motion carried. by Member Bredesen. Courtney -- Bernhardson advised that the staff CONCERNS OF 44TH STREET RESIDENTS HEARD. Mr. has been considering improvements on 44th Street, particularly toward the Brookside Avenue end. No definitive design has been determined and staff is looking at several alternatives, both in funding and design. very aware of the project and have circulated a petition throughout the neighborhood. It is recommended that the Council accept the petition at this point, but that no action be taken. Council signed by approximately 200 persons, requesting that the plans for improve- ments of W. 44th.Street be limited to the following: 1) maintain current width with no widening - no tree removal, 2) present bridge be left as it is or replaced as required to meet health and safety standards but no wider than the present street, and 3) consider preparation of plans for a pedestrian walkway adjacent to the bridge if such a plan is consistent with health and safety standards. of the petition were: Carol Schults, 4390 Collidge Avenue and Tom Bonneville, 4378 Browndale Avenue. Clerk and assured the residents that before any improvements would be considered a public hearing would be held so that input could be obtained from the residents. No formal action was taken. The residents of 44th Street have become Kathy Stiehm, 4520 West 44th Street, presented a petition to the Speaking in support Mayor Courtney directed that the petition be given to the 41161 84 32 BIDS FOR DEEP WELL #9 OVERHAUL REJECTED. Mr. Bernhardson recalled that at the Council Meeting of April 2, 1984, the award of bids for overhaul of Deep Well #9 had been continued to this meeting. the bowl specifications, staff would recommend that the bids submitted be rejected and that the Council direct the project be rebid. Member Richards' motion was seconded by Member Bredesen, to reject the bids submitted for overhaul of Deep Well #9 and directing that the project be rebid. Because there was a problem in understanding Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. BIDS FOR TREE TRIMMING PROJECT REJECTED. Mr. Bernhardson stated that at the Council Meeting of April 2, 1984, the award of bids for Tree Trimming had been continued to this meeting. the Council direct the project be rebid for these reasons: 1) because the hearing .. date for the Tree Trimming Improvement has been set for May 7, 1984, the period of validity of the bids submitted has expired, and 2) at the time of bid opening an error was discovered in the number of trees to be included in the bid. Member Richards' motion was seconded by Member Bredesen, to reject the bids submitted for tree trimming and directing that the project be rebid. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Staff would recommend that the bids submitted be rejected and that .. TRAFFIC SAFETY COMMITTEE MINUTES OF APRIL 10, 1984, APPROVED; TRAFFIC SIGNALIZATION POLICY DISCUSSED. 1) Reaffirmation of action recommended by the Committee at the March 13, 1984, meeting that additional "NO PARKING SUNDAY, 8:OO-12:OO" signs be added to the south side of West 56th Street between Wooddale Avenue and St. John's Avenue, and that the same restriction be applied to the north side of West 56th Street between Wooddale Avenue and Kellogg Avenue, 2) That !'NO PARKING ANYTIME" signs b~ placed on the south side of Fuller Street adjacent to St. Peter's Lutheran Church and School; and to acknowledge Section C of the Traffic Safety Committee Minutes of April 10, 1984. Member Bredesen's motion was seconded by Member Richards to approve the following recommendations of the Traffic Safety Committee: - -. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Mr. Hoffman advised that the Traffic Safety Committee is seeking guidance from the Council on the matter of the Committee's role in reacting to specific requests for signalization or on implementing a signalization plan or strategy. He stated that there are approximately 30 traffic signals in the City now and that there are 18 more sites that are reaching traffic levels to warrant signalization. requested that background information be prepared and furnished them to aid them in developing a signalization plan for the City. present the requested information to the Council at an off-Monday night-meeting. Eo formal action was taken. The Council Mr. Hoffman stated he would +. --. QY-& -_ r.- BEER LICENSE APPROVED FOR LE BISTRO CAFE. reyxst of Restaurants Plus of Edina, Inc., dba The New LeBistro Cafe of Edina, 3433 Hazelton Road, for an On-sale Beer License. advised that the restaurant will be re-opening as a franchise of LeBistro. being no objection, Member Richards moved approval of the On-sale Beer License for The New LeBistro Cafe of Edina. Mr. Bernhardson presented the Robert Benowitz, managing partner, There Motion was seconded by Member Bredesen. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. SALE OF LOT 1, BLOCK 1, LAKE EDINA VILLAGE REPLAT APPROVED. Mr. Bernhardson-recalled that a number of years ago, as part of the State right of way on Highway 100, the City acquired some land on Lake Edina that was platted. At the present time, Lot 1, Block 1, Lake Edina Village Replat remains for sale. a buyer for sale of the lot at a price of $16,000 and would request Council authori- zation for sale thereof. Member Schmidt moved adoption of the following resolution: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, that the sale of Lot 1, Block 1, Lake Edina Village Replat is hereby approved and that the Mayor and City Manager are directed and authorized to execute a Contract for Deed for the property, with terms as follows: $1,000.00 to be paid on date of closing, with the balance of $15,000.00 in monthly installments of $140.00 per month, 'to begin on June 15, 1984, and continue on the fifteenth day of each month thereafter until February 15, 1985, when the then unpaid principal balance, with accrued interest at the rate of 11% per annum, shall be paid in full. Motion for adoption of the resolution was seconded by Member Turner. The City has negotiated with The City shall pay a commission of $1,000.00 on the sale. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 4/16/84 33 CONVEYANCE OF WOODDALE SCHOOL RESOLUTION DISCUSSED. Mr. Bernhardson recalled that at the _meeting of February 27, 1984, the Council had adopted a resolution with regard to the terms of an agreement for the conveyance of the Wooddale School site from Independent School District No. 273 (the "School District"). Subsequently, the School District has adopted a similar resolution, but with some.modifications.. Following discussion Member Richards moved that the staff and the City Attorney be directed to work out the differences with the School District, prepare a draft agreement and bring it back to the Council for approval. Motion was seconded by Member Turner. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. LEE HEIKENS APPOINTED TO EDINA ART CENTER COMMITTEE. Mary Hauser has declined her appointment to the Edina Art Center Committee and that Mrs. Lee Heikens, 4500 Casco Avenue, has been recommended for appointment. Member Turner's motion was seconded by Member Bredesen appointing Lee Heikens to the Edina Art Center Committee for a 3-year term to February 1, 1987. Mayor Courtney advised that ' Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. . BOARD OF REVIEW HEARING RESCHEDULED FOR MAY 29, 1984. As recommended by the Assessor, Member Bredesen's motion was seconded by Member Richards, .rescheduling the Board of Review hearing date to May 29, 1984, at 5 p.m. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. H.O.M.E. PROGRAM FUNDING DISCUSSED; LETTER APPROVED. H.O.M.E. Program operated by South Hennepin Human Services Council has been funded in several ways; by the City through CDBG funds, other municipalities, Hennepin County, Metropolitan Council and Federal grants. of a letter to be signed by the Mayor to'be sent to the Metropolitan Council urging their continued funding of the H.0.M.E Program. Member Turner advised that the program is being used by residents of Edina. There being no objection, Member Turner's motion was seconded by Member Richards approving a letter to be signed by the Mayor to be sent to the Metropolitan Council requesting-their continued funding of the H.O.M.E. Program. Member Turner commented that the A request has been made for Council. approval Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. SERVICE LEVELS TO BE DISCUSSED. Mr.-Bernhardson advised that a discussion of Service Levels has been tentatively scheduled for the off-Monday Council Meeting on April 23, 1984. No action was taken. RELEASE OF OBLIGATIONS/OUTLOT Cy WALNUT RIDGE THIRD ADDITION AGREEMENT AUTHORIZED. Mr. Bernhardson advised that a request has been made for release by the City of obligations as statedtin a Declaration and Agreement entered into on April 28, 1978, between the City and First Wisconsin National Bank of Milwaukee with regard to Outlot C, Walnut Ridge Third Addition. Inasmuch as all obligations contained in the Agreement have been fulfilled, staff would recommend that a release be granted, subjec't to confirmation that payment of certain sums to the City has been made. Member Richards moved adoption of the following resolution: WHEREAS, the City of Edina and First Wisconsin National Bank of Milwaukee entered into a Declaration and Agreement ("Agreement") on April 28, 1978, and as recorded in the office of the Registrar,of Titles, Hennepin County as Document No. 1272566; and WHEREAS, said Agreement provided for the removal of a certain building and the restoration of property located on Outlot Cy Walnut Ridge Third Addition, and the payment of certain sums to the City of Edina in connection therewith; and WHEREAS, all obligations contained in the Agreement have been fulfilled to the I satisfaction of the City of Edina; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina hereby authorizes the Mayor and City Manager to execute and deliver on behalf of the City a Certificate of Satisfaction and Fulfillment acknowledging the fulfillment of all obligations contained in the Agreement. Motion for adoption of the resolution was seconded by Member Bredesen. RE SOLUTION Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. I RECEPTION FOR DICK AND MARIE WYATT TO BE,HELD ON MAY 23. the Council Members that a reception will be held for Dick and Marie Wyatt on May 23, in appreciation of their many contributions to Edina. 5 to 7 p.m. at the Edina Community Center. Mr. Bernhardson advised The reception will be from - --- No action was taken. 4/16/ 84 I I I ORDINANCE NO. 142-A1 ADOPTED (TO CLARIFY THE CONTINUING BOND+PROCEDURE); SECOND READING WAIVED. Mr. Bernhardson advised that there is a need to clarify the continuing : bond procedure for various licenses issued by the City and staff would therefore recommend adoption of Ordinance No. 142-Al. following ordinance, with waiver of Second Reading as follows: Member Richards moved adoption of the ORDINANCE NO. 142-AI AN ORDINANCE AMENDING ORDINANCE NO. 142 TO CLARIFY THE CONTINUING BOND PROCEDURE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: amended to read as follows: (30) days after. the date upon which the City receives written notice of such termina- tion, said notice to be served by registered mail. City is the sole obligee under such bond and that no other party is intended to be benefited by the provisions thereof. file in the office of the City Clerk. applicants without charge. passage and publication. Motion for-adoption of the ordinance was seconded by Member Turner. Section 1. "The term of such bond shall be continuing and shall not terminate until thirty The last paragraph of Section 3 of Ordinance No. 142 is hereby Such bond shall provide that the Such bond shall be submitted on the form on Copies thereof shall be available to all Sec. 2. This ordinance shall be in full force and effect immediately upon its Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Ordinance adopted. i ATTEST : -3A3-U City Clerk CLAIMS PAID. the following claims as per Pre-List of 4/16/84: Fund $22,443.30, Art Center $1,407.19, Park Construction Fund $28.00, Golf Course Fund $8,274.03, Recreation Center Fund $1-,407.45, Gun Range Fund $204.45, Waterwork Fund $8,909.54, Sewer Rental Fund $170,233.82, Liquor Dispensary Fund $65,214.78, Construction Fund $10,470.21, Total $366,122.94; and for confirmation of payment of the following Claims dated 3/31/84: Art Center $729.85, Swimming Pool Fund $957.07, Golf Course Fund $2,280.62, Recreation Center Fund $14,182.88, Gun Range Fund $374.02, Waterwork Fund $18,002.63, Sewer Rental Fund $2,635.34, Liquor Dispensary Fund $265,536.26, IBR f2 $100,000.00, Total $547,132.82. Motion of Member Schmidt was seconded by Member Turner for payment of General Fund $77,530.17, Park General Fund $130,611.47, Park Fund $11,822.68, Ayes: Bredesen, Richards, Schmidt, Turner, Courtney 1 Motion carried. I I I There being no further business, the Mayor declared the meeting adjourned at 8:45 p.m.. t i 1 City Clerk MINUTES OF THE SPECIAL MEETING'OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 23, 1984 In attendance were Members Richards, Turner and Mayor Courtney. CITY SERVICE LEVELS DISCUSSED. being held so that the Council Members could review, discuss and evaluate the present levels of City services in an effort to determine areas in which the service level could be improved and/or areas in which the service level could be reduced. examined: and Recreation, Fire and Assessing. City Manager Rosland stated that this meeting is Services provided by the following departments were specifically Health, Public Works, Planning, Police, City Clerk, Building, Park No formal action was taken. 7h& 5% - City Clerk