Loading...
HomeMy WebLinkAbout19850121_regular-._ --_ 58 - MINUTES OF THE REGULAR BEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JANUARY 21, 1985 Answering rollcall were Members Kelly, Richards, Turner and Mayor Courtney. COMMLTNITY SERVICE AWARD PRESENTED TO THE CITY OF EDINA AND THE EDINA RECYCLING CONMISSION BY GOODWILL INDUSTRIES. Industries, presented the Community Service Award to Mayor Courtney for the City of Edina and the Edina Recycling Commission for assistance in developing or expanding 1981, the Edina Recycling Center has been a very popular donation point; 340,000 pound of donated household material has been collected since then. The Recycling Commission community awareness in support of Goodwill Industries Easter Seal Societies. Since through its Recycling Center has afforded Goodwill Industries the opportunity to conti services to the disabled community within the Twin City area. Recycling Commission were commended by Mrs. Edwards for helping her to get to know the recycling business. She pointed out that it is a tribute to the Commission that it is their 15th year in the recycling business. Del Edwards,.a representative of Goodwill * *I Individuals on the MINUTES OF THE REGULAR MEETINGS OF NOVEMBER 5, DECEMBER 3 AND 17, AND SPECIAL MEETING OF DECEMBER 28, 1984, APPROVED. The motion submitted by Member Turner to approve the minutes of these meetings was seconded by Member Richards. Ayes: Kelly, Richards, Turner, Courtney Motion carried. PUBLIC HEARING ON ZONING CHANGE FROM R-1 TO MD-5 FOR EDINBOROUGH LEFT OPEN. As recommended by staff, Member Richards' motion was seconded by Member Turner to Zeave open the public hearing date for the second reading of the zoning change from R-1 Single Dwelling Unit District to MD-5 Mixed Development District for Edinborough, generally located west of York Avenue and south of Nest 76th Street. ... Ayes : Kelly, Richards, Turner, Courtney Notion carried. PROPOSAL FOR ZONING CHANGE FROM R-1 TO POD-2 FOR OPUS CORPORATION/NORMANDALE GOLF, INC. RETURNED TO PLANNING COMMISSION. dale Golf, Inc. for rezoning from R-1, Single Dwelling Unit District, to POD-2, Plannec Office District. and east of T. H. 100; it measures 27.5 acres in area, and it is the present site of Normandale Golf Course which is a nine-hole, par 27 executive course. The golf course is served by an existing A-frame pro shop/ticket office and a parking-lot which is accessed from West 77th Street. the Edina Comprehensive Plan. Adjoining the rezoned parcel to the west and east are developed properties which are zoned POD-1. Across the street to the south are pro- perties zoned PID and POD-2. developed R-1 lots,.and adjoining the east boundary of the golf.course is Lake Edina Park. POD-2, Planned Office District. shows a five-story 106,600 square foot office building for the rezoned parcel. All parking will be located between the proposed building and Vest 77th Street. The pro- posed building location maintains a distance of about 290 feet, at the closest point, from the rear lot lines of the single family lots which border the north edge of the golf course. Mr. Hughes stated that according to City records the office/industrial land in the vicinity of the subject property was rezoned in 1962. minutes documenting this rezoning note concern expressed by some residents and Council members regarding future deyelopment of the golf course. a discussion concerning deed restrictions or protective covenants to prohibit future development of the golf course, no such restrictions were then imposed and, to the City's knowledge, no restrictions now exist which affect the development of the golf course other than normal zoning and development controls. Edina may be interested in acquiring the balance of the property and operating the go1 course. He also noted that, from a land use standpoint, the proposed development of the southerly portion of the site for office purposes and the retention of the balance of the site as a golf course/open space/buffer represents a reasonable use of the pro- perty which is in keeping with surrounding developments. However, the proposed five- ' story building is somewhat taller than surrounding developments and therefore a rezoning to POD-I, which has a four-story height limit, may be more appropriate for the subject property. Mr. Bob Worthington, Executive Director of Government Affairs for Opus Corporation, was introduced; lie explained that a portion of the building would be used for a clubhouse for the golf course and that there would be an easement on the balance of the property to insure that the open space remains. He stated that Mr. Rauenhorst, the original developer, did not intend for this land to always remain a golf course. I Mr. Hughes reported on the proposal by Opus/Norman- The subject property3.s generally located north of West 77th Street The subject property is designated "quasir-public" by Adjoining the northerly edge of the golf course are The applicants request a rezoning of the-southerly 6.75 acres of the property to A preliminary development plan has been submitted which The City Council Although the minutes indicate i Mr. Hughes noted that the City of - 1/21/85 - 59 .rl 0 00 CJ U m Rather, sometime in the future Mr. Rhuenhorst intended to come to the City and request that something happen on the property, because he feels that this property has value. Mr. Worthington reasserted that the Comprehensive Plan does show the property to be "quasi-public" with an R-1 zoning and a "quasi-public" land use on the property, which means "some things" can happen on the property which is why he is requesting the rezoning. Mr. David Cooper, 4521 Sedum Lane, read a statement from 130 neighbors who want the denial of the petition for the zone change. Mr. Richard Heims, 7416 West Shore Drive, questioned how many years before this would be up for rezoning again. be kept as a park. Mr. Helge Thomsen, 4705 Hibiscus, stated that he was involved in this 20 years ago, and his was the first house built there. the promise that the golf course would always remain a golf course. 7433 West Shore Drive, said that this issue is like "shooting at a moving target." The project has moved out of proportion; the proposed:square footage of building keeps getting larger. Mr. Byron pointed out that in 1962 the whole development was based on the golf course at that particular location. Mr. Jess Cohen, 4405 Dunham Drive, reported his long-time standing in the area, as he had been involved in the South Garden Association in 1961. He said that there is plenty of traffic now going east and west out of the Pentagon Office area because of the golf course. Council Member Richards asked Mr. Worthington if there was a plan for a golf course facility within the proposed building; Mr. Worthington commented that it would be studied but that'the design doesn't anticipate it. Mr. Ken Kolar, 7413 West Shore Drive, reported that the traffic situation in the area is intense right now and that this must be a real pro- blem to the City. Richards pointed out that because of changing times perhaps this land could better serve-the community; for example, develop a recreational facility. He would support a proposal considering a three-story building pulled more to the south, a reduction in the parking lot, donating the rest of the land to the City, solving any drainage problems remaining, and creating a clubhouse. Member Turner indicated that she did not support a zoning request; she felt the rezoning would not protect the single- family house. proposal go back to the Planning Commission at its February 27th meeting was seconded by Member Richards. Ayes: Kelly, Richards, Turner, Courtney Motion carried. He also asked what would happen to Arneson Park; it was answered that it would At that time, he remembers Mr. David Byron, He questioned a parking lot for 500 vehicles. Council Member With no further discussion, Member Kelly's motion that the rezoning I FINAL DEVELOPHENT PLAN FOR THE EDINA FAMILY CARE CLINIC APPROVED. Mr. Hughes reported on the final development plan for the Edina.Family Care Clinic, 5203 Vernon Avenue, generally located east of-Vernon Avenue and northof Link Road. is zoned Planned Commercial District 2 (PCD-2) and is being used as a medical office for three physicians. addition of approximately 1,100 square feet to the building. a full basement resulting in an addition of 2,200 square feet in floor area to the building. The zoning ordinance now requires that medical clinics provide one parking space for each 200 square-feet'bf gross floor area plus onespace for each physician. The subject property The owners are requesting approval of a plan to construct an The addition includes The main floor would be used primarily as office space with the basement :area used for storage. This results in a requirement of 22 spaces for the existing use and ;eleven spaces for the proposed addition. .spaces on adjacent property for a total of 28 spaces, resulting in a need for a five- The owners are proposing to lease seven parking space variance. granting a variance from the parking space requirement. be utilized by clinic staff since it does not relate directly to existing parking on the site. Mr. Jack Barren, a representative of the Edina Family Care Clinic, indicated that theexpansion was for office space only and that no additional physicians were anticipated. Staff's support of the proposed variance is based upon the particular space needs of the existing clinic with its three physicians. discussion, Plember Richards moved adoption of the following resolution: BE IT RESOLVED by the City Council of the City of Edina, Hnnesota, that the Final Development Plan for the Edina Family Care Clinic, 5203 Vernon Avenue, presented at the regular meeting of the City Council of January 21, 1985, be and is hereby approved, subject to receipt of an acceptable easement for parking from the adjacent property Staff recommended approval of.the proposed addition and The leased parking should There being no further RESOLUTION owner. Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards, Turner, Courtney Resolution adopted. HEARING DATE LEFT OPEN FOR AMENDMENT TO SOUTHEAST EDINA RECEVELOPMENT AREA PLAN. Staff recommended that the hearing date for the amendment to the Southeast Edina Redevelopment Plan be left open at this time. hearing date open was seconded by Member Turner. Ayes: Kelly, Richards, Turner, Courtney Motion carried. Member Kelly's motion to leave the 1/21/85 WD AWARDED FOR GRADING OF VAN VALKFXBURG PARK. Mr. Rosland presented tabulation of bids from three companies for the final grading of land between Van Valkenburg Park . and Grandview Cemetery: 1) Veit and Company, Inc., 14000 Veit Place, Rogers, MN, $9,140.00; 2) Buesing Brothers Trucking, Long Lake, MN, $9,400.00; 3) G. L. Contracting, Inc., Hopkins, MN, $9,500.00. Staff recommended the low bid, which is within the amount budgeted, of $9,140.00 by Veit and Company, Inc. Member Turner's motion was seconded by Member Kelly for award of bid to the low bidder, Veit and Company, Inc. " - Ayes: Kelly, Richards, Turner, Courtney Motion carried. BID AI?ARDED FOR 1985 TREATMENT FOR INDIANHEAD LARE. for the Indianhead Lake treatment. The bid was in the amount of $5,481, within the amount budgeted for the purchase, and it was quoted by Clean-Flo Laboratories, Inc. Member Kelly's motion was seconded by Member Richards for award of this bid to Clean- Flo Laboratories, Inc. Mr. Rosland presented the only bid I Ayes : Kelly, Richards, Turner, Courtney Motion carried. . BID AWARDED FOR REPLACEMENT OF ROOF ON THE SWIMMING POOL BATH HOUSE. Mr. Rosland pre- sented quotations of bids from two companies to replace the roof on the swimming pool bath house: 1) Keho Construction, $9,900.00; 2) Falls and Nyhusmoen Construction, $16,779.00. Staff recommended the low bid of $9,990.00 by Keho Construction, which is within the amount budgeted for the purchase. Member Turner's motion was seconded by Member Richards for award of this bid to Keho Construction. Ayes: Kelly, Richards, Turner, Courtney Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF JANUARY 15, 1985, APPROVED. Member Richards' motion to accept the reports in the Traffic Safety Committee Minutes of January 15, 1985, with no formal action was seconded by Member Turner. Ayes : Kelly, Richards, Turner, Courtney 3iotion carried. WEST 70TH STREET REPORT PRESENTED. Mr. Hoffman introduced Mr. Peter Fausch, Vice President of Strgar-Roscoe-Fausch, Inc., the consulting engineering firm commissioned by the City of Edina in October of 1984 to study the traffic operations and safety characteristics-of West 70th Street between Highway 100 and France Avenue. Mr. Fausch explained that the study considered exsiting traffic volumes, speeds, accidents, delay pedestrian crossing problems, school traffic and stop sign compliance. This study was instigated because the growth in traffic on 70th Street had created some difficult conflicts between the through traffic served by 70th Street and the residential areas along and served by 70th Street. The level of traffic on 70th Street leaves few gaps in through traffic for safe and convenient entering of side street traffic. Yet, the existing 4-way stop at Cornelia Drive which interrupts the through traffic, especially for school related crossings, is not observed by up to 15 percent of 70th Street drivers. These conflicts have generated a number of requests by the neighborhood areas along 70th Street for actions to increase safety and reduce the volume and speed of traffic along 70th Street. Edina -should carefully review aqd consider the functional classification or role that West 70th.Street performs in the City of Edina street system; 2) Assuming the functional classification of West 70th Street is to remain a collector street (no more than 14,000 vehicles per day), it is recommended that West 70th Street be striped as a two lane roadway consistent with the standard operating capabilities of a 40-foot wide street. Within the striping plan, left turn lanes, improved stop lines and crosswalk markings should be provided at West Shore Drive, Wooddale Avenue, Cornelia Drive, Valley View Road and France Avenue; 3) Install a traffic actuated, traffic control signal with pedestrian (walk/don't walk) indications at Cornelia Drive. provide for pedestrian activation of the signals for use'in crossing West 70th Street to Cornelia Elementary School or other 'pedestrian/bicycle destinations; and 4) Upgrade warning signs on West 70th Street, including pavement width transition'signs at Highway 100, lane control signs at all intersections to be provided with left turn lanes, stop lines and crosswalks at West 'Shore Drive. With these recommendations acted upon, Mr. Fausch pointed out that the following characteristics would probably be created: a) Stop sign compliance and crossing safety will be improved at Cornelia Drive; b) Midblock speeds on 70th Street will be reduced slightly overall in peak hours, due to striping and metering; c) Entering and crossing will be improved at West Shore Drive and Wooddale through gaps created at downstream traffic signals; d) Annual signal maintenance COSTS will increase; e) Accidents will probably remain about the same at all intersections; f) The street operation will be more consistent with the character- istics of a collector street classification; and g) Traffic volumes will probably continue to increase in relationship to the delay on 70th Street versus planned improve- ments to France Avenue and Valley View Road between the Crosstown and 1-494. PIr. Fausch reported that his study has received much input and review by a Study Advisory Committee, consisting of: Johnson, 7108 Glouchester Avenue; Mr. Donald Barck, 4807 West 70th Street; Ms. Sandy Phillips, 6817 Point Drive; Mr. Harold Babb, 4701 West 70th Street; Mr. Gary Chlebowski, 7004 Bristol Boulevard; Ms. Phyllis Kohler, 4512 West 70th Street; Ms. Patti Watson, 4424 West 70th Street; Jess & Helaine Cohen, 4405 Dunham Drive. Mr. Fausch presented the 'following recommendations: 1) The City of This system would also 1 Mr. Robert Burnett, Principal. of Cornelia School; Mr. Paul 1/21/85 Mr. Harold Babb, 4701 West 70th Street, said "one must pay the price to live on 6kh Street." He strongly encouraged the adoption of the consultant's,presentation without a temporary stop sign at West Shore Drive. Ms. Sandy Phillips, 6817 Point Drive, pre- sented a letter from a Cornelia teacher which stated that the corner at West 70th and Cornelia is always dangerous but especially in the spring when there are bike riders. The teacher supported traffic signalization at this corner. 4405 Dunham Drive, spoke up in support of installing a stop sign as soon as possible at the corner of 70th Street and West Shore Drive to see if this eliminates some of the problems. This concept was not within the consultant's report. With no further dis- cussion, Member Kelly's motion to accept and ihplement the recommendations of the con- sultant, with no temporary stop sign at West Shore Dr., was seconded by Flember'Turner. Jess & Helaine Cohen, Ayes: Kelly, Richards, Turner, Courtney Motion carried. BOARD/COMMISSION APPOINTMENTS DISCUSSED. various Boards or Commissions on which there are still vacancies to be filled. He asked the Council members to submit to him names of persons recommended for the following positions, so that the appointments can be made at the Council Meeting of February 4: Board of Appeals and Adjustments, 3-year term; Human Relations Commission, 3-year term; Heritage Preservation Board, 2-year term; Advisory Board of Health, 2-year term; South Hennepin Human Services Council. There was no further discussion. Mayor Courtney explained that there are APPOINTMENT TO STATE CHS ADVISORY COaITTEE APPROVED. Mayor Courtney explained that the Edina Advisory Board of Health has recommended Dr. Sharon Aadalen of 4924 Dale Drive to be appointed to the State CHS Advisory Committee as representative from Edina. Mayor Courtney is also recommending that Dr. Aadalen be appointed to the Edina Advisory Board of Health when those appointments are made in February. that Dr. Sharon Aadalen's appointment to the State CHS Advisory Committee and the Edina Advisory Board of Health be approved was seconded by-Member Turner. Member Kelly's motion Ayes: Kelly, Richards, Turner, Courtney Motion carried. HEARING DATE SET FOR PROPOSED TREE TRIMMING PROJECT. Trimming Project, P-TT-03, for the boulevard trees in the northwest quadrant of the City with assessment to the home owners. The exact location of this project is the area bounded by Crosstown Highway to the'northern boundary line and from Highway 100 to the western boundary line (County Road 18). The estimated cost per tree is $60; the total number of trees to be trimmed is 1604. This would be an assessed project to the homeowners with an assessment only for trees trimmed. adoption : 1. The Park Director, having submitted to the Council a preliminary report as to the feasibility of the proposed improvement described in the form of Notice of Public Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. Ito consider irf$ublic hearing the views of allgersons interested in said improvement; 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in sub- stantially the following form: Mr. Rosland reported on the Tree The total cost of the project would be $96,240. As recommended, Member Turner offered the following resolution and moved its RESOLUTION PROVIDING FOR PUBLIC HEARING ON TREE TRIMMING DPROVEMENT NO. P-TT-03 This Council shall meet on Monday, March 4, 1985, at 7:00P..M. in the Edina City Hall (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING TREE TRIMMING IMPROVEMENT NO. P-TT-03 The Edina City Council will meet at the Edina City Hall on Monday, March 4, 1985, at 7:OO P. M. to consider the following proposed tree trimming project to be done under the authority granted by the Minnesota Statutes, Chapter 59, 1983 Session Law. The approximate cost of said project is estimated by the City as set forth below: Estimated Cost 1604 trees x $60 $96,240 The area proposed to be assessed for the cost of the project P-TT-03 includes: An area bounded by Crosstown Highway on the South, the Northern Boundary line on the North, Highway 100 on the East and the Western Boundary Line (County Road IS) on the West. Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards, Turner, Courtney Resolution adopted. -. 1/21/85 ON-SALE WINE LICENSE REPORT CONTINUED. Mr. Rosland advised the Council that staff had brought back requested information and an ordinance regarding on-sale wine licensing. The first item submitted was entitled "Issues and Alternatives Identification," which is a list of items identified by staff, together with alternatives and recommendations developed for the eventual development of an ordinance. The second item was the Draft Ordinance, which is the staff's recommendation subject to refinement by Council direction to incorporate on-sale wine licensing within the current Edina liquor licensing ordinance. The final item submitted was a list of the potential applicants, based on information from the Edina Chamber of Commerce. an interest in application for wine-only licensing: Szechuan Star, 3655 Hazelton Road, 175 seats; Brothers Deli, 50th and France, 185 seats; Empress, Yorktown Mall, 80 seats- J. P.'s, 5125 Vernon, 175 seats; Palm Court, Southdale Center, 118 seats; Daytons, Southdale Center, 200 seats; York Steak House, Southdale Center, 252 seats; Good Earth Galleria, 120 seats; Vie de France, Galleria, 144 seats; Le Bistro Cafe, Yorktown Mall 167 seats; Pantry, -5101 Arcadia, 115 seats; Ediner, Galleria, 110 seats; Original Pancake House, 3501 West 70th Street, 122 seats; Rigotto's Pizza, 4502% Valley View Road, 95 seats; and Southdale Bow1 and Black Swan Pub, 3401 West 69th Street, 75 seats. Questions were raised as to the number of inspections there would be in a year, and staff clarified that there would be a minimum of two, either announced or unannounced. These inspections would not require any additional staff; the current staff could handle the anticipated 30 to 50 inspections during the year, based on 15 to 25 licenses that would likely be requested. set in the range of $550 to $650. limited to C-1, C-2 and C-3 mixed use districts. with another establishment unless it opens to a concourse; this will prevent two in- compatible businesses from interfering in the other's activities. areas and cafeteria-style restaurants will be excluded from this licensing. of live entertainment and being "properly clothed" is overly vague and unenforceable. Mr. Erickson informed the Council that this is a wide-open area and one of dispute, and he felt it was not appropriate at this time to address the issue in the Ordinance. The following is the "Issues and Alternatives Identification" submitted by staff: These appliGants are restaurants who have expressed I It was suggested by staff that the wine-only fees be Location for potential wine-only sales would be There can't be a common entrance Restaurants in office The issue AREA General Ordinance Financial Conditions Prohib- iting licensing Issue to Persons .. I' ISSUES L. Duration of Ordinance 1. Number of licenses :. Ongoing Enforcement I. Application InEnrrnation needed Amount required by nrd. - Financial rECOrds - Property :. city access to: '_ Temporary licenses :- Proratinn of Fee I. Time in Business t. Investigative Fees - Initial - Ongoing I. Deposit for Investigation :. Licensing Fees I. Bond :. Insurance '. Amount of investment I. % of sales I. . Transfer (other?) 1. Financial review - indebtedness Elfgibility based on taxes. fees, assessments - acing ConditinnsIPersnns :nnditions Requircd of LocatinnlProhibitinp Locatic ~ WERISTAFF RECO?IENDATIOS A. Ongoing B. No lfmft C. D. Minimum two per yearfin ord. BCA application plus enough to determine ordinance requirements met E. Not unless sales X set As at present Knt permitted uoder State law F. G. Quarterly I H. Comnent: Bcer has 6-mon. minimum unless ,515'~ A. Actual cost within limits waived t Up to $100 unless ownership changes signifi- ' cantly - 50% Or designated person in charge $5001in state - if going nut af state, $2000. Refund qmount unused. B. C. Estimated cnst $500-550 D. State maximum $5000 E. State requirement F. C. No 8. Yes I. J. I Nothing apart from approved kitchen 50% change in ownershiplchange in form Requirement as to sources and amounts - Cond moral character - Individual. partnership. corporation ' - U. S. citizen - Legal age - Crininal record15 years I - liquor. gambling. other controlled substances. theft and vice - Revocation of liquor licenses - No limitation on I? of licenses; persnnlspouse Non compatible activities can have interest - ~nufacturerluholesaler of intoxicating - Federallvholesalelreta~ liquor dealers - City of Edim employees or elected officcrs liquor or gambling license Falsification of information No rcscriction on 1.110 can be a building omer Designated person (partncrshlptcorporacion) in chargo must.mcct same rcquircmcnts as individual licensee. plus have an individual msr. license On renewal donial: .. . -Violations of salc conditions - Failure to pass applicablc codes restaurants permitted in R1 districts - zoning limited to C1. 0. U. mixed US@ and - KO limit from specific builditigs. SCllOO~S. CtC- - Parkins ticd to seating - Conmon entrance? - 25-scat nlninum 1/21/85 63 Condition of Sale General Conditions of Salel Business Individual Licenses ISSUES A. Limitation to Food 6. Qualification as Food Establishment C. Hours of Sale D. Area of Service Limitation E. Age of Worker 8. >- Amusement Devices 1. Live Entertainment L Size of Serving Container .. Degree of Change Requiring Re-Licensing 3. :. Compliance with Applicable City Codes Impact on Present Food Storage/Prep./Service L. Of whom required I. Ineligible persons MAGER/STAFF RECO.\LYEIDATION - Prohibit sales at bar (counter?) - Requirement to have fully equipped kitchen A. Bloomington language - in conjunction with foodlmeal B. Must possess valid health licenses C. Same. as beerlclubs D. -Must be consumed on premises of owner - Rooms designated on plans - Physical barrier - Public concou;se - Outside of building excluded Age of persons workinglltate law E. F. Limit service to under one liter container G. Same as beer A. Any alteration effecting zoning, seating, spxce of seating or serving areas. storage of foodlwine Must be in ongoing compliance with applicable codes - Not effecting proper food storagelprepl 6. C. Sufficient product storage service areas A. Manager does not recommend Staff does recommend for wine-only for anyone actually serving Disqualified if not of age or any law violati - Liquor, gambling, etc. 6. Individual licenses would be required for the managers of the restaurants serving wine. Not everyone working in these restaurants needs to be licensed; only those who actually serve the wine to the tables would be licensed. A correction was made regarding the size of the serving container; up to one liter can be served, but not in excess of that. Another change was made regarding "transfer"; any change in ownership is a transfer, except that limited partnership may change up to 10% and corporate ownership may change up to 10% without it being a transfer during the license period of one year; it is not 50% as indicated on the Issues Identification. Mr. Dick Moberg, a 14-year Edina resident and businessman on 50th Street, spoke in favor of Council action enabling restaurants to serve wine in Edina. He felt that the option for serving wine in Edina would make it more economically viable for good restaurants to be established, and this in turn would better serve the City. Gayle Kloster, President of the Edina Chamber of Commerce which represents 500 companies, spoke up encouraging the Council to make a positive motion on the wine issue. Don Sather, a representative of the 50th and France Business Association, spoke up for the Association in support of the passing of the on-sale wine ordinance. Richard Maxwell, 5104 58th Street West, addressed the Sunset Provision; he said without that provision there is a possibility that if restaurants' licenses are to be withdrawn, the restaurants could sue for condemnation of the business that had been built on that license. This could result in an extortion problem years down the line; without the Sunset Provision, there would be no realistic way for Edina to end wine licensing. Mr. Maxwell also supported the concept of wine restriction by tF: a. spoke up in support of a sidewalk system for safety after wine drinkers leave the restaurants. Perhaps funds from the wine sales could expand the sidewalk system. Erickson explained that revenue could not be generated from wine sales for this purpose. Jo Ann Findell reported that she had followed this issue for ten years, and she spoke out against the wine ordinance. felt that the issue was a social and health issue, not political or moral. the referendum took place before all the facts were in. is not a wise decision. Mr. John Bold and Nancy Landes, both representing Dayton's, stood up in favor of the wine ordinance. Mr. Erickson explained that once a license has been given to a restaurant and this restaurant fails to comply with the standards, the City can deny them a renewal of the license; without the Sunset Provision, the license could not be denied without sufficient cause or non-compliance feature. Member Richards felt some consideration should be given to graduated fees, based upon the number of seats at the particular establishments; specifically', make the licensing fees a little higher to take into account the total cost anticipated for reviewing and issuing the licenses and the follow up for inspections. He also stated that - he felt the $650 fee is not high enough. the manager or owner be licensed as opposed to each individual server of wine being licensed as well. Mr. Erickson explained that the fees are based on the estimates of costs of licensing; the licensing-fee is inclusive of ongoing inspections. was raised as to whether or not a larger establishment would be checked more often, and if so, this could in fact affect the fee. Mr. Erickson noted that the fee cannot exceed half the on-sale liquor license; it was suggested that wine-only licensing be $550 to $650, and the on-sale liquor licenses would be set at $1100 to $1300, which pertains to the country clubs. anyone under the age of 19 to work as a waiter or waitress serving wine in a licensed establishment; musicians, dishwashers and busboys can be under 19 years of age. With -Individual glass; he felt this would help people make a conscious decision ..eep them from drinking more wine than they had intended. Finally, tlr. Maxwell Mr. She has been a resident of Edina for 31 years. She She believed An uninformed decision therefore Council Member Richards also supported having only The question Mr. Bernhardson explained that State law prohibits . r, 1/ 211 85 There being no further discussion, Member Richards made a motion to give concept approval to the wine licensing ordinance, to bring it back with two sets of language, to clarify the issues of individual licenses, zoning and graduated fees, to be reviewed at the Council Meeting of March 4, 1985. The motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Richards, Turner, Courtney Motion carried. I REVISION OF 8/6/84 COUNCIL NINUTES APPROVED. Mr. Rosland introduced the request . for revision of the Council Minutes of August 6, 1984, with regard to the resolution granting an easement facation for Lot 6, Block 1, The Habitat, and recommended the revision. of an easement for the subject property which was identffied as a "wetland easement" according to data furnished by the surveyor. recording at Hennepin County, it was discovered that the original document identified the easement as a "drainage and utility eastment" and the County would not accept the resolution as presented. resolution is requested whereby all references to "wetland easement" is changed to drainage and utility easement" so that the resolution can be placed of record. objections being heard, Member Kelly offered the following resolution as revised and moved adoption: RESOLUTIOli VACATING PORTION OF DRAINAGE AND UTILITY EASEMENT He explained that at that meeting the Council had granted vacation Upon presenting the resolution for Revision of the Council Minutes as it relates to the No I1 WHEREAS, a resolution of the City Council, adopted the 18th day of June, 1984, fixed a date for a public hearing on a proposed vacation of portion of easement for drainage and utility purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing .was held on the 6th day of August, 1984, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electri 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, re- place, 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 drainage and utility easement be and is vacated effective as of August 6, 1984: That part of the drainage and utility easement over Lot 6, Block 1, The Habitat, lying Southeasterly of a line drawn at right angles to the Northeasterly :.?.ne, from a point on the Northeasterly line, a distance of 85.00 feet- - xthwesterly of the most Easterly corner of said Lot 6 and t5at 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 Registrar of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the amended resolution was seconded by Member Turner. . Rollcall : Ayes : Kelly, Richards , Turner, Courtney Resolution adopted. RESOLUTION ADOPTED AUTHORIZING BIDS FOR.HANSEN WELL REDEVELOPMENT. Mr. Hoffman intro- duced this redevelopment project on Hansen Road with regard to Well No. 9. The pro- posed project is to bail out the sand in the well hole, extend the existing column down to approximately 530 feet and:reinstall the well components. The net result of this project would be to increase the overall yield of the well to approximately 1.3 million gallons daily and extend the service life of the well considerably. estimated cost of this project is approximately $48,000 to $50,000, depending on the amount of sand in the hole; the funds used for this project would be utility funds. Member Kelly offered the following resolution and moved its adoption: I . The RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISENENT FOR BIDS FOR HANSEN TJELL REDEVELOPMENT BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. following Advertisement for Bids form, heretofore prepared by the City Engineer and now in file in the office of the City Clerk are hereby approved. 2. a notice of bids in substantially the following form: The plans and specifications for the proposed improvements set forth in the The Clerk shall cause to be published in the Edina Sun and Construction Bulletin 1/21/85 65 (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SEALED BIDS will be received and opened in the City Council Chambers in the Edina City Hall, 4801 W. 50th Street at (date to be set), and the Edina City Council will meet at (date to be set), to consider said bids for the Hansen Well Redevelopment, Contract i: . Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. W. 50th Street, Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. Bids received by the City Engineer, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. Plans and specifications are available. for a deposit of. $ . (by check). Said deposit to be returned upon return of the plans and specifications.wlth a bona fide bid. check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Member Richards. Bids should be addressed to the City Engineer, City of Edina, 4801 No bids will be considered unless sealed and accompanied by bid bond or certified The City Council reserves the right to reject any or all bids. Narcella M. Daehn, City Clerk Rollcall : Ayes: Kelly, Richards, Turner, Courtney Resolution adopted. RESOLUTION ADOPTED AUTHORIZING BIDS FOR BRIDGE REDECKING’ - VALLEY VIEW ROAD/SOO LINE RAILROAD. Bridge over the So0 Line Railroad. of the deck on the bridge and found substantial “delamination” (separation of concrete layers and breaking away from rebars in bridge). top section of the deck and correct rebar sections as necessary followed by a new concrete overlay. to .be funded by state-aid reconstruction funds. that this project, with authorized plans and specifications, be submitted to MNDOT State Aid office for approval. With no further discussion, Member Kelly offered the following resolution and moved its adoption: Mr. Hoffman explained that this project’s location is the Valley View The Engineering Department has completed testing The project proposed is to remove the The estimated cost for this project is $29,373.52, which is proposed The recommendation from staff is RESOLUTION APPROVING PLANS AND SPECIFICATIONS .FOR PROPOSED IWROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED BY 1. The plans and FOR. BRIDGE REDECKING THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and nov in file in the office of the City Clerk are hereby approved. 2. ‘ae Clerk shall cause to be published in the Edina Sun and Construction Bulletin c? xotice of bids in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 HENNEPIN COUNTY, MINNESOTA - I ADVERTISEMENT FOR BIDS SEALED B’IDS will be received and opened in the City Council Chambers in the Edina City Hall, 4801 W. 50th Street at (date to be set), and the Edina City Council will meet at (date to be set), to consider said bids for the Bridge Redecking, Valley View Road/Soo Line Railroad, Contract f . Bids shall be in a sealed envelope with a statement thereon showing the work cpvered by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 W. 50th Street, Edina, IIN 55424, and may be mailed or submitted personally to the City Engineer. Bids received by the City Engineer either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bird. No bids will be considered unless sealed and accompanied by bid bond or certified. check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Member Richards. I Plans and specifications are available for a deposit of $ .The City Council reserves the right to reject any or all bids. Piarcella Pf. Daehn,, City Clerk Rollcall : Ayes : Kelly, Richards , Turner, Courtney Resolution adopted. 1/21/85 66 METRO COUNCIL SOLID WASTE MANAGEMENT PLAN DISCUSSED. Buerosse, Chairman of the Recycling Commission, who spoke of the Metropolitan Council's draft entitled "Solid Waste Management Development Guide/Policy Plan" and the fact that the Commission endorses this plan. to as "door-to-door" in Edina. that not only the public sector but also the private sector be included in this plan with its options. to establish contract districts and bid those or.negotiate those out to contractors rather than to permit the continuance of the ongoing open system in which any contractor can serve any area, resulting in several contractors going up and down the same streets. Part of the recommendation to reduce the amount of trash is to have separation of recyclables and institute in each community "curb-side" recycling of such things as p?per, glass and cans. Member Richards encouraged staff to write a letter to the Metropolitan Council indicating Edina's support of their plan. letter from the City Council, citing the Edina Recycling Commission as being very effective and indicating support of the Solid Waste Management Plan. further discussion. EDINBOROUGH MEETING DATE RESCHED~ED. is going to be a difficult date'for the Edinborough meeting .I due to conflicts; he recommended that the date be left open at this time. the Council Nembers and agreed upon. Mr. Rosland introduced Ardythe She cited that the term "curb-side" is referred Member Richards indicated that the point should be made It is assumed by the plan that it is more efficient for municipalities I Staff will compose a There was no Mr. Rosland announced that February 11, 1985, "his w'as' acceptable to RESOLUTION ADOPTED AUTHORIZING THE COMPARABLE NORTH STUDY. that the State has mandated that the City of Edina be involved in the Comparable Worth Study along with 88 other cities, under the direction of Control Data Business Advisors. introduced the following resolution authorizing Edina's participation in the Comparable Worth Study and moved its adoption: Mr . Rosland explained The sum involved for Edina's participation is $10,550. Member Turner RESOLUTION AUTHORIZING PARTICIPATION IN THE CONTROL DATA BUSINESS ADVISORS, INC., JOINT COMPARABLE WORTH STUDY WHEREAS, Minnesota Statutes 471.991 enacted in 1984 require all political subdivisions in the State to establish equitable compensation relationships among its employees; and WHEREAS, the Metropolitan Area Management Association, the Coalition of Outstate Citiei the Minnesota Municipal Utilities Association and other related public jurisdictions desire to meet the requirements of the law through a joint job evaluation study; and WHEREAS, the Metropolitan Area Management Association in consultation with represen- tatives of outstate cities and after meeting and conferring with representatives of organized labor, screened and selected Control Data Business Advisors, Inc., as the consultant to perform the study; and WHEREAS, the cost of the study is to be divided among the participating jurisdictions in the following manner: ($3 000.00) and a charge per employee of Thirty-five Dollars ($35.00) per person; ~!t-:*~ '?IEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, 12 . -WG!,. BE IT' FURTHER RESOLVED that the sum of $10,550.00, based on the above specified formula, be transmitted to the City of Golden Valley, Minnesota, which city has offered to serve as the fiscal agent and contractor for the duration of the study. Motion for adoption of the resolution was seconded by Member Kelly. 1 Each entity will pay a base charge of Three Thousand Dollars _-. ta, that it hereby approves participation of the City in the Joint Compa'li-avle _. -. ~ ._ -. Ztudy to be conducted by Control Data Business Advisors, Inc. Rollcall : Ayes : Kelly, Richards, Turner, Courtney Resolution adopted. ORDINANCE NO. 171-A19 ADOPTED; SECOND READING WAIVED. -.'l;iember Turner introduced the -'? 2 following ordinance and moved its adoption; with waiver of Second Reading: : ORDINANCE NO. 171-A19 I AN ORDINANCE AMENDING ORDINANCE NO. 171 TO CORRECT FEE FOR VENTILATION WORK PERMIT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 171 are hereby amended to read as follows: ORD. SEC. NO. NO. AMOUNT FEE NO. 433 6(d) Ventilation work permit 3. Domestic type kitchen or bathroom exhaust system. Each system when vented individually in single Each additional system The amount of the following described Fee Numbers of Schedule A to - - or multiple dwellings $5 .OO 15d-5 5.00 15d-5a , 1/21/85 67 4 0 Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of this ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards, Turner, Courtney Ordinance adopted. . LIQUOR FUND REPORT as of October 31, 1984, was-approved and ordered placed on file by motion of Member Kelly, seconded by Member Turner. Ayes: Kelly, Richards, Turner, Courtney Motion carried. CLAIMS PAID. following claims as per Pre-List dated 1/21/85: $4,823.71; Art Center, $4,003.54; Swimming Pool Fund, $15.75; Golf Course Fund, $3,109.90; Recreation Center Fund, $14,185.50; Gun Range Fund, $46.98; Waterwork Fund, $6,509.76; Utility Fund, $10,168.48; Liquor Dispensary Fund, $352.175.79; Construction Fund, $2,281.37; Total, $568,988.51. Motion of Member Kelly was seconded by Member Turner for payment of the General Fund, $171,667.73; Park Fund, Ayes: Kelly, Richards, Turner, Courtney Motion carried. There being no further business, Mayor Courtney declared the meeting adjourned at 12:38 A. M. Acting City Clerk MINUTES JANUARY 28, 1985 SPECIAL'COUNCIL MEETING In attendance were Members Bredesen, Kelly and Mayor Courtney. REPORT GIVEN ON TRAFFIC SAFETY COMMITTEE AND SPEED AWARENESS PROGRAM. Mr. Rosland pointed out that this special meeting was being held to review the role-of the Traffic Safety Committee as advisory to the City Council and to also discuss the Speed Awareness Program of the Police Department. Mr. Hoffman then presented an analysis of the Traffic Safety Committee by pointing out its history, the role of the Committee, the objective of the Committee, the philosophy of the Committee and the procedure used in making .its decisions. He also explained the use of regulatory signs in traffic control and the necessary warrants which must exist before a'STOP sign is justified. Progr'am as it ,is-presently being administered in the Police Department. out that enforcement is undertaken in conjunction with traffic safety education, driver training and traffic engineering, and that the ultimate aim of traffic law enforcement is to produce voluntary compliance with regulations and to provide maximum mobility. limitations thereto, noting that marked unit visibility has a positive impact. He further noted the tolerances to speed enforcement. In summary, he identizied the role-of the police in speed awareness by selective enforcement, general enforce- ment, radar saturation/directed enforcement, educational use of digital display, accident reduction zones, participation in educational formats and consideration of unmarked traffic patrol. Mr. Rosland advised that the Police Department will continue to work on the Speed Awareness Program within the budgeted funds allocated and would bring any recommendations over budget to the Council for approval. * Chief Swanson then explained the!:Spepd.Awarbess He pointed Mr. Swanson explained how the police enforce speed and the I The informational meeting adjoined at 9:00 P.M. with no formal action being taken by the Council Members. City Clerk