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HomeMy WebLinkAbout19850318_regular85 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 18, 1985 4 0 a3 .c> 5 m Answering rollcall were. Members Bredesen, Kelly, Richards, Turner and Mayor Courtney. FLAG CEREMONY CONDUCTED BY CAM? FIRE TROOP NO. 263; CAMP FIRE WEEK PROCLAIMED. Members of Camp Fire Troop No. 263 opened the meeting by presenting the colors and Pledge of Allegiance. then read the following proclamation: WHEREAS, the national Camp Fire organization will be celebrating its 75th birthday on March 17, 1985; and WHEREAS, Camp Fire has chosen to commemorate this significant anniversary in a nationwide celebration of friendship; and WHEREAS, Camp Fire councils offer our young people opportunities to develop important friendships through informal educational programs for youth to age twenty-one; and WHEREAS, as a friend of its community, Camp Fire is concerned with preserving the environment, adapting to social change and the application of democratic standards, as well as a special concern for stimulating and guiding young people; and WHEREAS, in Camp Fire, recognition of accomplishments is combined with the encouragement to use developing skills to carry out that spirit of friendship in service to others in the community; and WHEREAS, Camp Fire is commended for the opportunities for friendship its programs offer young people in the City of Edina and throughout the nation, and for the many services these young people perform for their communities as Camp Fire members ; NOW, THEREFORE, I, C. Wayne Courtney, Mayor of the City of Edina, do hereby proclaim March 17 to March 23, 1985, to be CAMP FIRE BIRTHDAY WEEK and March 23, 1985, to be CAMPFIRE FRIENDSHIP DAY in the City of Edina. Mayor Courtney.welcomed the members of the troop and PROCLAMAT ION EMPLOYEE HAROLD SCHWARTZ COMMENDED. Mr. Rosland introduced Harold Schwartz and advised that Mr. Schwartz will be retiring on March 29. became employed in maintenance work in Morningside in 1960 and when Morningside was annexed by Edina in 1966, Mr. Schwartz then continued on as a light equip- ment operator. and was presented with a silver pen bearing the Edina logo. added their thanks and appreciation for his dedication years of service. It was noted that he He was commended for his many years of loyal service to the City Members of the Council MINUTES of the Regular Meetings of February 4 and 25, 1985, were approved as sub- mitted by motion of Member Kelly, seconded by Member Turner. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. PUBLIC HEARING CONDUCTED/TREE TRIMMING IMPROVEMENT NO. TT-03 AUTHORIZED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Rosland advised that the City is proposing to contract for the trimming of 1604 trees in an area bounded by Crosstown Highway on the south to the northern boundary line and from Highway 100 on the east to the western boundary line (County Road 1/18). If the project is authorized it will be started this spring. It. is expected that the cost of trimming would be assessed against benefited properties. Assessments would be levied late in 1986 and would be due and payable in full in 1987. and Recreation Director Kojetin explained that in the spring and summer of 1983 the City ordered that a tree inventory be taken which would indicate the boulevard trees which need to be trimmed immediately or within 2-3 years. He pointed out there is approximately 15 feet of boulevard in the front of most homes and trees that are within this 15 foot area are.considered to be a city boulevard tree. Mr. Kojetin noted that a number of telephone calls have been received from re'sfdents who have had their trees trimmed since the survey was taken and that the City Forester has checked those trees and'if trimming is not indicated those trees will be excluded from the project. regarding the proposed tree trimming project have been given to the Council Members. Mr. Kojetin stated that the cost per tree was estimated at approximately $45.00 and that subsequent low bid submitted showed $8.00 for trees 12" and under, and $30.00 for trees over 12". He advised residents who had any questions regarding boulevard trees on their property to call the City offices and their trees would be checked to determine if they should be included in the project. 4820 Rolling Green Parkway, stated he objected to the proposed assessment for the project and that he felt the financing of the care of trees in the City should be through the regular budgeting process and the general tax levy. He stated further Park . He also noted that any letters from residents Raymond Clausen, 3/18/85 --_ 86 that he owns a corner lot with a average Edina property and would which he strongly objected. Mr. disproportionate number of trees compared to the attract a correspondingly larger assessment to Rosland recalled that in the late 1950's the City did trim the trees by contract and assessed the costs. The City then moved into a program of trimming trees through the general tax fund until the invasion of.Dutch Elm disease. trees in an effort to slow the spread of the disease and the trimming fell behind. Subsequently the Council made the decision to trim the trees and assess the costs. Member Turner submitted that in regard to tree trimming, in order to be consistent with the Council philosophy, where we can identify benefited property owners or users of programs we charge that benefited propert? owner or person. N.J. Jarmel, 4832 Westbrook Lane, stated that she objectea to being.assessed for khe proposed tree trimming project. Gary Brunkow, 5101 Skyline Drive, asked if owners would be assessed if their trees have been trimmed. PIr. Kojetin said the trees in question would be checked and excluded if they did not need trimming. John Carlstrom,:4504 Brookside Av. noted that their sidewalk had been moved when the street was improved and questioned if the new trees would be included. Mr. Kojetin responded that the City Forester would come out and check. Kelly introduced the following resolution and moved adoption: Since that time the City crews have been used for removal of diseased No further comments being heard, Member RESOLUTION ORDERING TREE TRIMMING IMPROVEMENT NO. TT-03 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvement: TREE TRIMMING IMPROVEPENT NO. TT-03 IN THE FOLLOWING: 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 18) on the West. 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 said improvement including all proceedings which may be necessary in eminent domain for the acquisi- tion of necessary easements and rights for completion of such improvment; that said improvement is hereby designated and shall be referred to in all subsequent proceed- ings as TREE TRIEIMING IMPROVEMENT NO. TT-03 and the project is proposed to be assessed against properties having one or more boulevard trees. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. COUNCIL GIVES CONCEPT APPROVAL TO RECONMENDATIONS FOR WOODDALE SCHOOL/UTLEY PARR MlD - W. 50TH STREET; VARIANCES TO BE SOUGHT. Richards would chair this portion of the meeting. Ifember Richards recalled that the wblic hearing process on Wooddale School/Utley Park and W. 50th Street had begun 02 '+$?suary 4, 1985, at which meeting the consultant had presented alternatives for the three issues. rCc.-.omendation was presented by the City Planner and testimony was heard from the advisory boards/commissions, the Edina Historical Society, the Wooddale Neighborhood Council and the general public. meeting to allow time to review and consider all the reports and comments submitted so that concept approval could be initiated at this meeting. reviewed the consultant/staf f recommendations as follows : tant recommends Alternate D which proposes retaining the historic facade on N. 50th Street as a monument; staff recommends Alternate E which proposes total demolition of the building with conversion of the entire site to a neighborhood park. Parks - . consultant/staff recommends Alternate E for north of W..50th Street which proposes a tot lot, multi-purpose court area and a turf area with the parking lot accessed off Wooddale Avenue; for Utley Park Alternate C which proposes a lagoon and island be created off Minnehaha Creek, parking lot accessed off W. 50th Street, and possibility of moving the Grange Hall and the old Cahill School from Tupa Park to an historic area in the westerly portion. staff recommends Alternate C which proposes a 68 ft. wide divided roadway with a landscaped median; East of Wooddale Avenue Alternate A is recommended which proposes no change in the existing 40 ft. width with improvements at the Wooddale intersection and a parking bay at St. Stephens Church. Member Richards noted that the Council has been provided with copies of all corresponsende which was sent to the Council indivi- dually or to City Hall. He then asked for any new testimony from the public. Fuegner, 5225 Kellogg Avenue, asked if the recommended alternatives could be modified, especially with regard to leaving Utley Park as it now exists. Member Richards responded that at this point nothing is concrete, and that the suggestion to make no changes to Utley Park has been made verbally and in writing by various persons. Foster Dunwiddie, President of the Edina Heritage Preservation Board, submitted that he had discussed with the State Historic Preservation Board the possibility of moving the Grange Hall and the Cahill School to Utley Park under Alternate C. Mayor Courtney stated that Member An objective, professional opinion and joint consultant/staff The Council had continued the public hearing to this Planner Hughes briefly Wooddale School - Consul- W. 50th Street - West of Wooddale Avenue consultant/ Jane The ri 0 00 0 5 m j- , I. . - 3/18/85 87 State has indicated that those buildings would immediately be taken off the National Register of Historic Places if they are moved. he was concerned that because the criteria for National Register consideration has changed and is now more stringent that it would be doubtful if the buildings could be returned to the National Register. that is on the National Register is moved, it is automatically removed from the National Register and you have to then re-apply. that the City was given a number of federal grants for the restoration of those properties and it may mean that some of those grants would have to be paid back to the State. Gred Nasby, 4908 W. Sunnyslope Road, said his main concern was the possible need for an elementary school in the area in the future and questioned whether or not the School Board's projection based on the next 10 years was, in fact, very short sighted. He stated he felt younger families would be moving into the area, that there would be a real need for a school, and that the Wooddale School should be preserved. Joe Price, 4407 Country Club Road, referred to recent news- paper articles concerning potential users of the building and asked if the Council hid been given any concrete proposals by potential users in terms of square footage, rental fees and years of usage. Marilyn Curtis, 4400 W. 50th Street, submitted that the Council had received copies of letters from potential users, namely, the Performing Arts Center, Edina Theatre Company, John Phillips Sousa Band and South Hennepin Human Services Council who are all interested in obtaining space in the Wooddale School building. who are in favor of saving the building. Arthur Heiam, 5020 Arden Avenue, asked why it is deemed necessary to widen W. 50th Street west of Wooddale Avenue, and how it would be assessed or funded. and the staff perceive a different character for the roadway west of Wooddale as to volume and traffic patterns. It is prcposed to seek State Aid funds for recon- struction of the total length fron Highway 100 to Halifax Avenue. He added that the portion west of Wooddale as proposed would meet State Aid requirements and for the section east of Wooddale it is recommended to seek a variance as to width which if approved would fund the cost of that portion of the roadway. Mr. Hoffman pointed out that the cost for burying the power lines would have to be assessed or come out of the City general fund. Robert Westenberg, 4910 Bruce Avenue, asked what the difference in cost would be between just resurfacing W. 50th Street versus reconstructing the roadway as proposed. Mr. Hoffman responded that the cost of removing the asphalt and replacing it would be approximately $110,000. to reconstruct the roadway would be approximately $1,100,000 which could come from State Aid funds. He noted that over a 30 year period of time the City would spend more money in re-overlaying it than if the roadway were reconstructed due to the fact that the concrete bed below is not in good condition. stated that because of serious structural damage the roadway- should be reconstructed He stated he would like to go on record as being in favor of the proposal to remove Wooddale School and making that into a park area and to widen W. 50th Street from Wooddale Avenue to Highway 100. Al Kluesner, 4409 Country Club Xoad, voiced concerns about the congestion at Browndale Avenue/W. 50th Street because of the road con- fl;;.; stion and the canoe landing site and said consideration should be given to mo\:Lng the canoe landing site further to the north. He also said there is concern in the neighborhood about safety for those using the proposed pedestrian underpass and that it would be more prudent to have the parking lot for the park north of W. 50th Street access off W. 50th Street rather than Wooddale Avenue. No further public comment was heard. Member Richards recomended that the Council Members give their viewpoints on the three separate issues: 1) what to do with the Wooddale School, 2) what to do with the parks, and 3) what to do with W. 50th Street. Member Richards: serve as a school in the future and cannot justify that it be maintained as a physical structure; cannot be pursuaded that it is historically significant enough to save the entire building but would be willing to spend the funds to save it as a monument as proposed by Alternate D. Parks - North of W. 50th Street we should maximize the use of that are2 for parkland to serve basically the northeast sector of the community aDd spend the monies to upgrade it as a park; for Utley Park take more of a wait and see attitude to see how it might be developed, especially with regard to moving the Grange Hall and Cahill School to the site, and work with the Minnehaha Creek Watershed District to seek their participation in proposed improve- ments relating to the creek. 50th Street - East of Wooddale, accept staff recom- mendation to reconstruct at existing width and seek a variance to qualify for State Aid Funds; west of Wooddale, support widening roadway as proposed in Alter- nate B with left turn lanes; reconmend that any State Aid funds received be allocated for the entire roadway if the variance for the segment east of Vooddale is not granted. Would support construction of parking bays on W.50th Street and Wooddale Avenue at St. Stephens Church. Would suggest that the trees east of Wooddale Avenue be replaced by larger size trees than normal because the existing trees have been emasculated by the power company and have lost their umbrella type beauty. Mr. Dunwiddie added that He expained that once a building Nr. Dunwiddie also pointed out She presented signatures of over 200 people in the area Engineer Hoffman explained that both the consultant The cost Wally Olson, 5002 Bruce Avenue, Wooddale School - Have concluded that the building will never 3/18/85 --_ 88 - Kem5er Turner: entirely: do not find alternative uses which are compatible with the surrounding Wooddale School - Would support Alternate E to remove the building _- laad use that are self supporting and allow for adequate park area. pivotal from a historic point of view and a park is important as a focal point for the neighborhood. include a tot lot, playing fields for soccer/football/softball, with parking lot access off Wooddale Avenue; for Utley Park would support the lagoon and skating pond with funding participation by the Minnehaha Creek Watershed District, parking lot access off W. 50th Street, and suggest pursuing further the possibility of moving the Grange Hall and the Cahill School to the site. support Alternate A for reconstruction at existing width and seeking a variance for State Aid funding, would support burying the utilities and to explore sharing that cost with the utilities involved. West of Wooddale Avenue, cannot support Alternate C as the width would have too large an impact on the park, the library, the country club and homes along that area; would support Alternate B to allow left turn lanes, in . favor of sidewalks both sides and lowering of crest of the hill. Would support parking bays on W. 50th Street and Wooddale Avenue at St. Stephens Church with partici- pation by the church. Member Kelly: Wooddale School - Have not been convinced that there is a public need for the building to justify the expense of maintaining it and would support Alternate E to remove the building entirely and to develop the area as a park to meet the needs. of the neighborhood. Parks - Would support Alternate E for north of V. 50th Street; for Utley Park believe it should remain as it is for the monent. Cannot support the pedestrian underpass because of safety concerns. Avenue would support Alternate A to reconstruct at existing width and seek a variance for State Aid funds, would support construction of parking bays at St. Stephens Church. West of Wooddale Avenue would support Alternate B to reconstruct at 52 foot width, would suggest that turning lanes be provided at Dale and Sunnyslope.. Member Bredesen: closed, the reality is that there will be no school there and therefore the sck.,ool site should once again attempt to become the focal point for the neighborhood. any uses of the building compatible.with the neighborhood and would support Alternate E for total demolition and development of a park for the area. Street would like to see it provide active use for neighborhood families, concerned that playing fields for organized teams would preclude that. more discussion before a decision is made on the lagoon and skating pond. of the pedestrian underpass to connect the park areas. would support Alternate A to reconstruct at existing width, with some of the cost to be assessed to the immediate neighborhood. West of Wooddale would support Alternate B to reconstruct at 52 foot width with some concern that speed on the roadway will increase. Mayor Courtney: ing. Parks - Support development of the park north of W. 50th Street as proposed. For Utley Park would like to see more study done before a decision is made on it. 50th Street - East of Wooddale Avenue would support Alternate A to reconstruct the roadmy. with yolnger trees. 52 foot width. Member Kichsrds summarized: 1) that there is no concensus on the pedestrian underpass, 2) that there is a 4-1 concensus on what to do with the Wooddale School, 3) that the Park Board should obtain input from the neighborhood on how the park north o€ W. 50th Street should be developed, 4) that with regard to the parking bays staff should contact- St. Stephens Church to discuss their financial. participation, 5) that there is an immediate need to apply for a variance to reconstruct the portion of W. 50th Street from Wooddale Avenue to .Halifax Avenue at the existing 40 foot width to qualify for State Aid'funds, 6) that the issues of burying the utility lines and the replacement of trees would depend on whether or not the variance is granted for use of State Aid funds, and 7) that revised plans be prepared for the segment of W. 50th Street west of Wooddale Avenue. BIr. Rosland suggested that it may be helpful for staff to put together a revised report with costs as an analysis of the Council's apparent concensus on the three issues, together with costs for those areas where there was a difference of viewpoints and to bring the data back for review before final action is taken by the Council. Member Kelly made a motion that the staff be directed to prepare revised plans, with costs, that would incorporate the Council's viewpoints on Wooddale School, the parks and I?. 50th Street. Motion was seconded by Member Turner. The site is Parks - North of W. 50th Street would support Alternate E to 50th Street - East of Wooddale Avenue, 50th Street - East of Wooddale Wooddale School - Feel strongly that the school should not have been Do not see Parks - North of W. 50th For Utley Park would like In support B 50th Street.- East of Wooddale Concerned about cost of burying utilities. Wooddale School - Support Alternate E for total demolition of build- Support Member Richard's suggestion that the trees be removed and replanted West of Wooddale Avenue, support Alternate B to reconstruct at I Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried1 Member Kelly then introduced the following resolution and moved its adoption: WHEREAS, the City of Edina wishes to reconstruct' West 50th Street, between Wooddale Avenue and Halifax Avenue, in part using Municipal State-Aid Funds; and TJI.IEREAS, the Minnesota Department of Transportation Rule 8820.9912 requires that West 50th Street between Wooddale Avenue and Halifax Avenue have a minimum of four ~ lanes; and RESOLUTION 3/18/85 89 rl 0 cx) 0 d: m WHEREAS, the City of Edina believes there are valid reasons for constructing West 50th Street to a lower design standard and that such lower design standard will safely and adequately handle existing and proposed traffic; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, that the City Engineer be directed to submit to the Commissioner of Transportation a formal request for variance for West 50th Street between Wooddale Avenue and Halifax Avenue from the minimum number of required four lanes in order to construct two lanes. Motion for adoption of the resolution was' seconded by Member Turner. Rollcall: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. PUBLIC HEARING ON ZONING CHANGE (R-1 TO PRD-3) FOR ERUTGER COMPANIES CONTINUED.. As recommended by staff, Member Bredesen's motion was seconded by Member Kelly to continue the public hearing on the Zoning Change from R-1 to PRD-3 for the Brutger Companies, for property generally located west of Cahill Road and south of Dewey Hill Road, to the Council Meeting of April 1, 1985. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. FINAL PLAT APPROVED FOR DENNIS MILLER ADDITION. for final plat approval for the Dennis Miller Addition, generally located north of Grove Street and east of Johnson Drive. The subject property is an existing R-1, Single Dwelling Unit District lot which was proposed to be subdivided into two lots. The easterly lot would be retained for the existing dwelling and the westerly lot would be a new buildable lot. had granted preliminary plat approval at its meeting of August 20, 1984 and advised that the final plat proposed is the same as the preliminary plat. Staff would recommend final plat approval, subject to a subdivision dedication. In this case, staff would recommend that Outlot A (the northerly 77 feet) be dedicated to the City which would expand Garden Park which adjoins the subject property on its north and west boundaries. following resolution and moved adoption, subject to Outlot A being dedicated to the City: Mr. Hughes presented the petition Mr. Hughes recalled that the Council No objections being heard, Member Turner introduced the ---- - --- -- - __ RESOLUTION GRANTING FINAL PLAT APPROVAL FOR DENNIS MILLER ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Dennis Miller Addition", platted by Jeffrey B. Stevenson and Nancy A. Stevenson, husband and wife, and Dennis V. Miller and Janelle K. Miller, husband and wife, and City County Credit Union, a Minnesota corporation, and presented at the regular meeting of the City Council of March 18, 1985, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Bredesen. Rollcall : A,yes: Bredesen, Kelly, Richards, Turner, Courtney ,' wlution adopted. - i,OY DIVISION APPROVED FOR LOT 5, BLOCK 1, THE HABITAT. petition for division of Lot 5, Block 1, The Habitat, advising that the applicant requests a party wall division of an existing double bnng&bwi. Separate utility connections have been provided and staff would recommend approval. No objections being heard, Member Bredesen introduced the following resolution and moved adoption: WHEREAS; the following described property is at present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Mr. Hughes presented a RE SOLUTION Lot 5, Block 1, The Habitat, City of Edina, Hennepin County, MN, and Parcel A - The northeasterly 48.00 feet of Lot 5, Block 1, The Habitat, according to the record plat thereof, City of Edina, Hennepin County, tlinneso ta and Parcel B - That part of Lot 5, Block 1. The Habitat, lying southwesterly of the northeasterly 48.00 feet thereof, according to the record plat thereof, City of Edina, Hennepin County, Minnesota; WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 825; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose . 3/18/85 90 or a to any ther provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. lotion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. Bredesen's motion was seconded by Member Richards, setting March 25, 1985, as As recommended by staff, Member hearing date for the following planning matters: 1) Preliminary Plat - Interlachen Heights - Generally located west of Ridge Road and north and south of Interlachen Boulevard 2) Zoning Change - R-1 Single Dwelling Unit District to PSR-4 Planned Senior Citizen District - Generally located south of Interlachen Boulevard, west of Summit Avenue and north of Vernon Avenue and setting April 1, 1985, as hearing date for CDBG Program Proposed Budget for Year XI. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. VACATION GRANTED FOR PORTION OF DRAINAGE AND UTILITY EASEMENT, LOT 22, BLOCK 4, LAKF, EDINA ADDITION. Affidavits of Notice were presented by Clerk, approved and ordered placed on file. Mr. Hoffman advised that the request is to vacate a one foot strip of the 10 foot drainage and utility easement on Lot 22, Block 4, Lake Edina Addition because one comer of the house encroaches upon the easement. He pointed out that the utility companies have no objection to vacating the one foot strip and staff would recommend that the vacation be granted. No objection being heard, Member Bredesen offered the following resolution and'moved adoption: RESOLUTION VACATING PORTION WHEREAS, a resolution of the City Council, adopted the 4th day of February, 1985, fixed a date for a public hearing on a proposed vacation of portion of easement for drainage and utility purposes; and WHEREAS, two week's published and posted notice of said hearing was given and the hearing was held on the 18th day of March, 1985, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; No;.:, ?'.--:REFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin COGL-;, Ennesota, that the following described portion of the drainage and utility easemnt be and is vacated effective as of March 18, 1984: All that part of the ten (10) foot drainage and utility easement along the southeasterly line of Lot 22, Block 4, Lake Edina 2nd Addition, Hennepin County, Minnesota, according to the recorded plat thereof , lying northwesterly of a line drawn parallel with and distant 9.00 feet north- westerly of the southeasterly line of said Lot 22, except for the southerly 5 feet of Lot 22, OF DRAINAGE AND UTILITY EASEMENT .e and that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer-record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Turner. * Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. VACATION GRANTED CONDITIONALLY FOR PORTION OF DRAINAGE AND UTILITY EASEMENT, LOT 2, BLOCK 1, WARDEN ACRES PETERSON REPLAT. approved and ordered placed on file. Nr. Hoffman advised that at its meeting of March 5, 1984, the Council had granted a lot division for Lots 2 and 3, Block 1, Warden Acres Peterson Replat resulting in a 14 foot lot line adjustment between the two lots to allow more freedom in siting a dwelling on Lot 3. drainage and utility easement must now be moved from the former lot line to the new lot line. to receipt of a new easement over the new lot line. Member Bredesen introduced the following resolution and moved its adoption, Affidavits of Notice were presented by Clerk, The underlying Staff would recommend that the vacation request be granted, subject No ojbection being heard, 4 0 al (4 m U 3/18/85 91 subject to receipt of a new easement over the new lot line: RESOLUTION VACATING PORTION OF DRAINAGE AND UTLITY EASEMENT WHEREAS, a resolution of the City Council, adopted the 4th day of February, 1985, fixed a date for a public hearing on a proposed vacation of portion of easement for drainage and utility purposes; and WHEREAS, two week's published and posted notice of said hearing was given and the hearing was held on the 18th day of March, 1985, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair , replace , remove , or otherwise attend thereto : NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of the drainage and utility easement be and is vacated effective as of March 18, 1984: The south 5 feet of Lot 2, Block 1, Warden Acres Peterson Replat except the east 10 feet and the west 5 feet thereof and the north 5 feet of Lot 3, Block 1, Warden Acres Peterson Replat except the east 10 feet and the west 5 feet thereof, 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 Kelly. Rollcall : Ayes: Bredesen, Kelly, Richards, Turner, Courtney Resolution adopted. BID AWARDED FOR TREE TRIMMING IMPROVEMENT NO. TT-03. Mr. Rosland presented tabulation of bids for Tree Trimming Improvement No. TT-03 showing Arps Tree Service at $8.00 for tree size 12" and under and $30.00 for tree size over 12"; Midwest Stump at $20.00 for tree size 12" and under and $54.00 for tree size over 12"; Tri State Tree Service at $22.00 for tree size 12" and under and $55.50 for tree size over 12"; and Davey (United Tree Service) at $23.00 for tree size under 12" and $55.00 for tree size over 12". Member Turner's motion was seconded by Member Kelly for award of bid to recommended low bidder Arps Tree Service at $8.00 for tree size 12" and under and $30.00 for tree size over 12". Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion.carried. -.-_ EID .. AWARDED FOR TOR0 GROUNDSMASTER 72. fc:. a Tor0 Groundsmaster 72 for the Park Department showing MTI Tor0 Distributing Z011,~;~fiy at $5,386.00, Reinders Brothers, Inc. at $11,385.00, and Long Lake Ford award of bid to recommended low bidder KC1 Tor0 Distributing Company at $5,386.00. Mr. Rosland presented tabulation of bids 3 , Tractor at $6,500.00. Member Kelly's motion was seconded by Member Bredesen for Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BIDS FOR ADMINISTRATIVE SEDANS REJECTED. Mr. Rosland stated that staff would recommend that the bids received for administrative sedans be rejected due to the fact that the bids exceeded our budgeted amount for administrative vehicles. Member Turner's motion was seconded by Memb.er Kelly to reject all bids for admini- strative sedans because the bids exceeded the amount budgeted. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR TWO DUMP TRUCKS WITH STANDARD DUMP BOX. tabulation of bids for two dump trucks with standard dump box showing Astleford Equipment Company, Inc. at $42,679.00, North Star International Trucks, Inc. at $42,797.00, Lakeland Ford Truck Sales, Inc. at $43,594.00, Boyer Ford Truck Sales at $43,865;00. Motion of Member Turner was seconded by Member Kelly for award of bid to recommended low bidder Astleford Equipment Company, Inc. at $42,679.00 each. Mr. Rosland presented Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR DUMP TRUCK WITH BOX'FOR LOADALL ADDITION. tabulation of bids for one dump truck with box for loadall addition showing Lake- land Ford Trucks Sales, Inc. at $42,164.00 and Boyer Ford Trucks, Inc. at $43,364.00. bid to recommended low bidder Lakeland Ford Trucks Sales, Inc. at $42,164.00. 14r. Rosland presented Motion of Member Turner was seconded by Member Kelly for award of Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. 3/18/85 BID AWARDED FOR 1/2 TON PICKUP TRUCK WITH V-8 ENGINE. tion of-bids for one 1/2 ton pickup truck with V-8 engine showing Thane Hawkins Polar Chevrolet at $8,754.00 and Melva Yokiel Motors, Inc. at $9,229.00. Motion of Member Kelly was seconded by Member Turner for award of bid to recommended low bidder Thane Hawkins Polar Chevrolet at $8,754.00. Mr. Rosland presented tabula- Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR 1/2 TON PICKUP TRUCK WITH HEAVY DUTY V-8 ENGINE. Mr. Rosland presented tabulation of bids for one 1/2 ton pickup truck with heavy duty V-8 engine for the Utility Department showing Tliane Hawkins Polar Chevrolet at $9,254.00 and Melva Hokiel Motors, Inc. at $9,760.00. Member Turner's motion was seconded by Member Kelly for award of bid to recommended low bidder Thane Hawkins Polar Chevrolet at $9,254.00. I Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BID AWARDED FOR TWO 1/2 TON PICKUP TRUCKS WITH STANDARD SIX ENGINE. presented tabulation of bids for two 1/2 ton pickup trucks with standard six engines showing Thane Hawkins Polar Chevrolet at $8,204.00 and Melva Yokiel Motors at $8,936.00. to recommended low bidder Thane Hawkins Polar Chevrolet at $8,204.00. Mr. Rosland Member Turner's motion was seconded by Member Kelly for award of bid Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. BOARD/COMMISSION APPOINTMENTS APPROVED. appointments be made: 2-1-88; Human Relations Commission - Winton Boyd for term to 2-1-88, and Edina Heritage Preservation Board - David Gepner for term to 2-1-87. Kelly was seconded by Member Turner to approve the recommended appointments. Mayor Courtney recommended that .the following Board of Appeals and Adjustments - Mary Schrock for term to Motion of Member Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. COUNCIL LIASION WITH BOARDS/COMMISSIONS CONFIRMED. agreed to act as liasion with the various advisory boards/commissions as follows: Member Bredesen - Building Construction Appeals Board, Energy Commission (inactive) and Community Development and Planning Commission; Member Kelly - Edina Advisory Board of Health and Edina Art Center Committee; Member Richards - Edina Park Board, Edina Recycling Commission and Edina Heritage Preservation Board; Member Turner - Human Relations Commission, Board of Appeals and Adjustments and South Hennepin Human Services Council. The Council Members informally I' CORPORATE REPORT PRESENTED TO COUNCIL. Corporate Report for 1984 was distributed to the Council Members for their infor- mation and that no action is required. Member Turner suggested that copies of the Report be distributed to the School Board, other local elected officials, the Chamber of Commerce and also to make it known that the Report is available to anyone interested. BEER, CLUB LIQUOR AND SUNDAY LIQUOR LICENSE RENEWALS APPROVED. advised of receipt of the following applications for renewal of Beer, Club Liquor and Sunday Liquor Licenses - On-sale Beer: Waters Restaurant, Donaldson's Minnesota Room, Ediner Restaurant, Edina American Legion Post No. 471, Empress Restaurant, Edina Golf Dome, J. P.'s Restaurant, King's Court, Los Primos Restaurant, Monterey Jacks, The New LeBistro Cafe of Edina, Original Pancake House, Rigotto's Pizza Restaurant, Szechuan Star Restaurant, T.J.'s Family Restaurant, Gus Young's, Inc. Biltmore Bowl and Southdale Bowl; Off-sale Beer: Jerry's Foods, Kenny's Markets, Q Petroleum Corporation, Red Owl Country Store and Superamerica Stations, Inc.; Club Liquor/Sunday Liquor: Edina Country Club and Interlachen Country Club. Member Turner's motion was seconded by Member Kelly for issuance of the license renewals, subject to approval by the Police Department. Mr. Rosland commented that the City of Edina Member Kelly said that the report was well prepared and of great benefit to her as a new member of the Council. - .- The Council was Braemar Golf Course, Dayton's Boundary Byerlys of Edina, Edina Superette, Inc., Holiday Station Stores, Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. JOINT COUNCIL/ADVISORY BOARD OF -HEALTH MEETING DISCUSSED. that she felt the joint meeting of the Council and the Advisory Board of Health Member Kelly commented held on March 11, i985, was of-great benefit to both the Council Members and the Board Members and that she hoped the recommendations, especially with regard to promoting the distYibution of information to the residents of Edina of the many human service agencies available to them, would be put into practice. responded that the recommendations are being initiated. Mr. Rosland No formal action was taken. 3/ 181 85 93 il 0 03 0 m a COUNCIL PARTICIPATION IN EXPO '85 DISCUSSED. Member Turner advised that the City of Edina will provide exhibits and demonstrations of various City services at Expo '85 to be held on April 20 and 21 in a similar manner as was done for Expo '83. The Council Members have been asked to again participate by being available in the City's display room to talk with citizens. Council participate again and asked that the Members sign up on the staff schedule for the hour they would be in attendance. Member Turner recommended that the SURPLUS FOOD DISTRIBUTION UPDATE GIVEN. Member Turner reported that one more firm has volunteered a truck and driver to assist with the monthly surplus food distri- bution to Edina residents. Key Cadillac, Colonial Church, volunteers at the Senior Center and other individual volunteers. Foods for their participation in this community effort. Jerry's Foods of Edina will be sharing the task with She suggested that the Mayor again send a letter of thanks to Jerry's POLICE DEPARTMENT ANNUAL REPORT DISCUSSED. Annual Report, Member Turner asked if the Neighbors Home Watch Program has had an inpact on the statistics as reported. in 1984 were under 300 cases, which is down from 550 three years ago, and that although the crime rate is down on the national level, it is felt that the Program has had a positive effect. In reference to the Police Department Chief Swanson commented that burglaries INPUT ON CRITERIA FOR SCHOOL SUPERINTENDENT DISCUSSED. Member Richards called the Council's attention to a request from the School Board for input as to criteria to be used in selection of a superintendent for School District No. 273. He stated that he felt one factor which should be communicated to the School Board was that the person selected should have strong attributes of community involvement and in working with other governmental bodies and that the person should be looked on as serving the entire community. by Member Richards and said he had talked with Nancy Atchison, School Board Chair, and had conveyed to her that he felt the school superintendent should have a well- rounded background and be able to work with the City. No formal action was taken. Mayor Courtney reiterated the criteria suggested CITY HALL SPACE STUDY COMMITTEE MEMBERSHIP DISCUSSED. Mr. Rosland reminded the Council Members to submit names for the City Hall Space Study Committee to the I?iayor so that the committee could be activated and the study begun. He pointed out that the staff is working on the design of a new dispatch center and before that can be finalized it is necessary to know what the long range plan may be for the City Hall building. at the Council Meeting of April 1, 1985. It was informally agreed to appoint the committee members AGENDA FOR SPECIAL COUNCIL MEETING ON MARCH 25, 1985, RESCHEDULED FOR APRIL 1. Because two Council Members will be absent from the Special Council Meeting set for March 25, 1985, Mr. Rosland recommended that the Special Meeting not be held a7.d that those agenda items be held over to the Regular Meeting on April 1, 1985. ;I--* p:!:, "ing matters from March 25, 1985, as set earlier in the meeting, to April 1: 1s 2) and to not hold a Special Council Meeting on March 25, 1985, but hold over any agenda i-tems until .the Regular Meeting of April 1, 1985. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion- carried. .- AX Richards made a motion to re-set the hearing dates for the following. Preliminary Plat - Interlachen Heights Zoning Change - R-1 Single Dwelling Unit District to PSR-4 Planned Senior Citizen District EDINA MIDGETS TO BE COMMENDED FOR WINNING STATE CHAMPIONSHIP. Mr. Rosland noted that the Edina Midgets Hockey Team had won the State Championship tournament and that Member Turner's son was a team member. He added that a resolution of commen- dation would be presented to the team. REPORT GIVEN ON RESCHEDULING OF BRAEMAR GOLF COURSE CAPITAI, IMPROVEMENTS. Mr. Rosland recalled that at its meeting on January 7, 1985, the Council had approved the capital improvements for Braemar Golf Course consisting of 1) renova- tion and expansion of the maintenance building,.2) expansion of the Par 3 to an Executive Course, and 3) renovation and expansion of the clubhouse. He reported that it is now recommended to award bids on the clubhouse improvements in August and start the construction in September, to construct the Executive Course during the- fall and winter months when ground conditions are more favorable. Turner's motion was seconded by Member Richards, to approve.the rescheduling Braemar Golf Course capital improvements as recommended. Member Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. MEMBER TURNER NOMINATED. TO BOARD OF ASSOCIATION OF METROPOLITAN MUNICIPALITIES. Mayor Courtney advised that there are vacancies on the Board of the Association 3/18/85 94 ... .C i:. of Metropolitan Municipalities (AMM) and recommended that Member Turner's name be submitted as a nominee to the AElM Board if she was willing to serve in that capacity. nomination. Leslie-Turner as a Board member. Member Turner stated she would be willing to have her name placed in Mayor Courtney then moved that a letter be sent to the &It4 nominating Motion was seconded by Member Bredesen. Ayes: Motion carried. Bredesen, Kelly, Richards, Turner, Courtney lsESOLUTIONS ADOPTED APPROVING FINAL PLAN FOR FRANCE AV/494 INTERCHANGE PROJECT AND AUTHORIZING EXPENDITURE OF STATE AID FUNDS. Mr. Rosland referred to the memorandum of Engineer Hoffman regarding the France Avenue/I-494 Interchange Project which stated that the project is ready for bid letting on 3/22/85. project has received final approval from the Transportation Advisory Board of the Metropolitan Council for the appropriate federal aid urban funding which will be 76% of the job cost. Previously, during 1984, the City Council approved final Plans for HennePin County on this project. Transportation has agreed to assume contract administration of the project and this change necessitates that the Council re-approve the plans. participation, staff recommends the City participate to the extent that our State Aid Funds can be utilized. 4.5 million dollars and the City participation is estimated at $478,095.63. State Aid office requires that the Council must authorize this appropriation of State Aid Funds by resolution. Member Turner then introduced the following resolutions and moved adoption: The However, the Minnesota Department of As to financial The total project cost is approximately The RESOLUTION APPROPRIATION OF MlTNICIPAL STATE AID FUNDS WHEREAS, it has been deemed advisable and necessary for the City of Edina to participate in the cost of a construction project located on C-S*A-H- No. 17 within the limits of said municipality, and WHEREAS, said construction project has been approved by the Department of Highways and identified in its records as S.P. No. 2785-235, 2785-237, 2785-238, Federal Project ES024, and Edina S.A.P. 120-020-13, 120-020-14, and 120-020-15; NOI?, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State-Aid Street Funds the sum of $500,000.00 to apply toward the construction of said project and request the Commissioner of Highways to approve this authorization. WHEREAS, the Commissioner of Transportation for the State of Minnesota has pre- pared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 393, renumbered as Trunk Highway NO. 494, and CSAH 17 (France Avenue) within the corporate limits of the City of Edina, from the So. Corp. Limits to 670 feet north of 77th Street; and seeks the approval thereof; NOW, TEN, BE IT RESOLVED that said plans and special provisions for the improve- ment of said Trunk Highway and County Roadway within said corporate limits of the Cizy- and hereby are approved including the elevations and grades as shown and coa;~. . .Is hereby given to any and all changes in grade occasioned by said con- struction; BE IT FURTHER RESOLVED that the City does hereby agree to ban the parking of all vehicles, on both sides of roadways as constructed per plans, and special pro- visions of above project. Motion'for adoption of the resolutions was seconded by Member Bredesen. RESOLUTION - Rollcall: Bredesen, Kelly, Richards, Turner, Courtney .Resolutions adopted. ORDINANCE NO. 902-A1 TO ALLOW SALES OF WINE OQLY IN QUALIFYING RESTAURANTS GIVEN FIRST READING. Mr. Rosland recalled that at its meeting of January 21,.'.1985, the Council had given concept approval to a draft ordinance to allow sales of wine only in qualifiying restaurants and had directed the staff to bring back a revised draft which would address the issues on which the Council had not con- curred. Those issues were: 1) Zoning (whether on sale wine licenses should be issued in the PC-1 District), 2) Sunset provision, 3) Individual server and/or manager license, 4) Fees (whether fees should be graduated) 5) Size of service of wine, and 6) Live entertainment (possible concern). With regard to whether all wine servers should be licensed or just the manager, because of employee turn- over staff would recommend that licensed managers be on duty atall times but that individual servers not be licensed. support individual licensing, either of servers or managers, that the applicant will hold the license and will be accountable for hiring responsible persons to serve the wine as is done with serving of liquor at the country clubs. response Chief Swanson said that we are looking to do everything we can to assure that wine is dispensed legally and appropriately and that the difference is that wine served in restaurants is in a public setting versus the private setting of the clubs and that at least one licensed responsible person should be at the Nember Richards stated that he did not In , 95 location at all times to supervise the dispensing of wine. The licensing of one agent of the owner will assist that owner and help assure that as few violations as possible are made. Member Kelly voiced her concerns as follows: 1) consider limiting number of licenses, 2) concern about neighborhood restaurants serving wine, 3) enforcement and inspection procedures, 4) in support of graduated fee, 5) in support of licensing one responsible individual, not all servers, 6) opposed to sunset provision. Member Turner stated her position as follows: 1) in support of sunset provision, 2) opposed to limiting number of wine licenses, 3) supports wine licenses for C-1, C-2 and C-3 Districts, 4) in support of a graduated fee schedule. Member Bredesen gave his position as follows: 1) opposed to wine licenses in C-1 District, and would limit'by ordinance the number of seats that can be licensed for wine within the C-2 District, 2) in support of sunset pro- vision, 3) not in support of licensing individual servers or managers, 4) that there be strict enforcement of the ordinance. felt all restaurants should be allowed to sell wine, that when the issue was put to the residents for an advisory vote it did not say some restaurants would be allowed to have wine licenses and others would not. Mayor Courtney called for comment from the public. Jerry Brower stated he was a resident of Bloomington and part owner of the new Bravo! Italian Specialties, 4936 France Avenue So. and said he was concerned about competition if the restaurant did not qualify for a wine license. order and pick-up their food and carry it to tables to eat it. Mr. Rosland stated that according to the definition of "restaurant" in the ordinance, the restaurant would not qualify for a wine license. Boulevard, voiced her objection to the wine licensing ordinance and in summary stated that the passage of the ordinance will be divisive, will pit neighbor- hood against neighborhood and food vendor against food vendor and will cost all the taxpayers in Edina. serving of the wine will be limited by the glass, carafe or bottle. responded that the ordinance provides that wine may not be sold, served or consumed in containers larger in volume than one liter. 6620 Parkwood Road, stated he strongly objected to the ordinance to allow wine licensing. Ordinance No. 902-A1 for First Reading as follows: Mayor Courtney stated that he He explained that the restaurant would provide that people June Schmidt, 7005 Bristol Jane Fuegner, 5225 Kellogg Avenue, asked if the Mr. Rosland Victor Oliver, No further public comment being heard, Member Richards introduced ! ORDINANCE NO. 902-A1 DRAFT ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 902 TO ALLOW SALES OF WINE ONLY IN QUALIFYING R?3STAURANTS' THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: . Section 1. Definitions. To Section 1 the following definitions are added and amended as follows: "s" means a counter or similar kind of place or structure .at which wine is served but not in conjunction with regular full menu service. "Citp" means the City of Edina. "Commissioner" means the State Commissioner of Public I "Council" means the Council of the City of Edina. "Licensed Premises" means the area shown in the application "Meal" - means entrees and sandwiches offered on a restaurant "Person" means and includes any individual, partnership, "Restaurant" means an establishment, under control of a Safety. as the place where wine will be served and consumed. -menu. I association, trust, institution, corporation, or municipality, single Proprietor or manager, having appropriate facilities for serving meals and where in consideration of payment therefore, meals are regularly served at tables to the general public, and which employs an adequate staff to provide the usual and suitable service to its guests. This definition amends and supersedes the and includes also the municipal liquor store. l - . definition of "Cafe and Restaurant" in Ordinance No. 902. "State" means the State of Minnesota. "Wine" - means vinous beverage created by fermentation. , See. 2. Sec. 21, No Liquor in Restaurants, is hereby amended by adding at the beginning thereof the words "Except as permitted under Part 11 of this Ordinance." Sec. 3. Part H is hereby added as follows: Sec. 36. License Required. (a) No person shall, directly or indirectly, upon any "PART.H. ON SALE OF WINE ONLY IN RESTAURANTS" pretense or by any device, sell for on-sale any wine at or under 14% by volume in conjunction with the sale of food without first having received a license therefor pursuant to this Part H. qualifying restaurants, as determined below, holding a valid food establishment license under Ordinance 731. (b) On-sale wine licenses shall be granted only to 3/ 18 (85 96 Sec. 37. .Licensinq Procedure. The provisions of Ordinance No. 141 of the City including the penalty provisions thereof shall apply to all licenses issued under this Part H and to the holders of such licenses, except that licenses and renewals thereof shall be granted OK denied by the Council. Additionally, all.licenses must be approved by the Commissioner. Every person licensed, or applying for a license, under this ordinance, in addition to other requirements imposed by this ordinance for the obtaining or renewal of a license, shall demonstrate proof of financial responsibility with regard to liability imposed by Minnesota Statutes, Section 340.95, to the City Clerk, as a condition to the issuance or renewal of such license, in the manner and to the extent required by Minnesota Statute, Section 340.11, Subdivision 21, provided, if any licensee or applicant claims exemption from the requirements of said statute, proof of such exemption shall be established by affidavit given by such licensee or applicant, such affidavit to be in form and substance acceptable to the City Clerk. In addition to the requirements set forth in Paragraph (a) of this section, the applicant sha1l;in the I application form, provide all information required by t such other information as deemed necessary by the City during the application process to determine compliance with the provisions of this ordinance and applicable State laws and regulations. Applications €or the renewal of an existing license shall be made at least 60 days prior to and not earlier license. The renewal application may incorporate by reference all information contained in the original I the City Council, good and sufficient cause for the applicant's failure to apply for a renewal within the time provided is shown, the City Council may, if the I the State of Minnesota Department of Public Safety and L- than 150 days prior to the date of expiration of the 1 application, to the extent such information is then ! true, current, and applicable. If, in the judgment of : I other provisions of this ordinance are complied with, grant the application notwithstanding such failure to timely apply. I No license shall be transferred to any person or premises by the person or from the premises to whom and for which the license was granted, by any means whatsoever, including, without limitation, devise, descent, or involuntarily by the operation of law, without the person and premises to whom and to which the license is to be transferred having first submitted an application containing all of the information required in an original application, and complying with all requirements for an original license, and receiving the approval of the Council, and where required, the Commissioner of Public Safety, provided that an application for transfer may refer to, and incorporate therein by reference, the information set forth in the original application for the license to be transferred, to the extent such information is then true, current and applicable. Any change in the persons named in the original as required by Sec. 37 of this ordinance, including any change in the managers or persons in charge of the licensed premises, or any change in the licensed. premises or seating capacity, then, shall be deemed a transfer for purposes of this ordinance; provided, . however, if the licensee is a limited partnership, a change in the limited partners of 10% or less cumulatively over the then license period, shall not be deemed a transfer; and provided further, however, that f ownership of 10% or lessI cumulatively over the then license period, shall not be deemed a transfer. ! I I ! I i I t 1 application or any change in the original application, .I 1 ~ 'I j if the licensee is a corporation, a change in stock 1 i Sec. 38. Financial Requirements. I I (a) Investisation Fees and Deposit - At the time of .I original application, the applicant shall deposit $500 with the City of Edina for the Investigation Fee. Should the investigation require an out-of-state investigation, an additional $2000 shall be deposited I prior to further processing of the application by the - City. The cost of the investigation shall be based on I the expense involved, but in no event shall it exceed $500 if the investigation is limited to the State of Minnesota or $10,000 if outside the State. monies not expended on the investigation shall be either applied to the license fee or refunded to the applicant. excess of the deposit shall be paid prior to consideration of the license application by the Council. Investigation fees for license renewal shall not exceed $100 unless there is a change of ownership of more than 10% cumulatively over the then existing license period as provided in Section 37. (e) of this ordinance; All deposit. All investigative expenses incurred in 31 181 85 97 (b) License Fees - The applicable fees are listed in Ordinance 171. Licenses terminated prior to the end of the term shall be prorated quarterly with fees being refunded for any quarter or quarters in which the license was not used. All fees shall be paid prior to consideration of license application by the Council. Should any license application be withdrawn or denied, the fee shall be refunded except for $75.00. Provided, however, if denied because of willful misstatement in the application, no refund shall be made. (c) Bond and Insurance - The same requirements set forth in Sec. 11 of this ordinance applies to licenses under Part H. The insurance requirements set out in Section 37 of this Ordinance must be met prior to issuance of a license under this Part H. (d) Other Fees - All fees, assessments and taxes delinquent at time of license issuance must be paid prior to issuance of the license as required by Sec. 12 (f) of this ordinance. ._. Sec. 39. Conditions of Licensinq. In addition to the conditions set forth in Sec. 12 (d) and (e) and Sec. 13 (a),. the following conditions apply both as a condition of license approval and ongoing license retention: __ (a) Licensee - The licensee must: 61 7) 81 91 10 1 Be of good moral character and repute. Be of legal drinking age. Be eligible under Minnesota Statutes Ch. 340, and the regulations promulgated by the Commissioner. Be an individual owner, a partnekship or a corporation. If an individual, not have (A) been convicted within the five years prior to the application for a license, of any violation of any law of the .United States, the State of Minnesota, or any other state or territory, or of any local ordinance with regard to: (i) the manufacture, sale, distribution or possession for sale or distribution of intoxicating liquor' or other controlled substances; (ii) gambling; (iii) theft: (iv) vice; or (B) had an intoxicating liquor license, including a wine- only on-sale license, revoked for any violation of any statutes , ordinances or regulations relating to the manufacture, sale, distribution or possession of intoxicating liquor or wine. Have an individual in charge, or manager, of the licensed premises, who is generally present on the licensed premises who would be eligible for a license under this Part H to be issued directly to him as an individual licensee. This person shall hold an individual manager's license issued pursuant to Section 43 hereof, and must sign a statement indicating he has reviewed and under- stands the pertinent sections of this Ordinance and of State laws and regulations. Not have applied for nor hold a federal wholesale or retail liquor dealer's special stamp or a federal or state gambling or gaming stamp,or license. Not be an employee or elected official of the City of Edina. Not have falsified any 'information given either in the application or in the process of investigation. On renewal not have been found in violation of any provision of this ordinance or applicable State statutes or regulations. If an individual, be a U.S. citizen. Not be financially indebted to a person who is disqualifed under Subparagraphs 5, 7 and 11 of this paragraph (a). (b) Licensed Premises - The licensed premises must meet the following requirements: 1) Be in a PC1, Pc2 or PC3, or Mixed Development District or be in a restaurant permitted in the R-1 District, as established by the City Zoning Ordinance. I I 2) Have an exclusive entrance from or exit to the . exterior of the building in which the licensed premises are located. Entrances or exits from or .- to a public concourse or public lobby meet this requirement. 3) Be under the control of the licensee. 4) Be a restaurant having facilities for seating not fewer than 25 guests at one time. 5) Have a valid food establishment license and have a kitchen approved by the City Public Health Sanitarian. other handling or service.of food which is not be adversely impacted by the storage and service of wine. 6) Have appropriate space for storage, preparation or 3/18/85 I 7) Have a physical barrier between non-licensed premises and the licensed premises which prevents the passing of patrons from the licensed premises to areas outside of the licensed premises, except for approved and required entrances and exits to and from the restaurant portion of the licensed premises. This includes but is not limited to licensed premises outside a building or in a public, or quasi-public, mall,.concourse, plaza or similar area. Be in compliance with all applicable codes, ordinances, statutes and regulations. Sec. 40. Conditions of Sale. In addition to the conditions stated in Section 12 (a), (b), (g) and (h); Sec. 19, 22, 23, 24, 25, 26, 27, 28, 29, 31 and 33, the following apply to licenses issued under this Part H: (a) No person shall be sold, served, or consume wine who 8) does not order a meal to be consumed with the wine. (b) (c) No sales or consumption of wine shall be permitted at a (a) Wine may not be sold, served or consumed in containers (e) No wine over 14% alcohol by volume may be sold or . consumed. - bar or beyond the licensed premises. larger in volume than one liter. No person working in the licensed premises may be under the established legal drinking age except busboys, dishwashers, musicians, waiters and waitresses. No licensee shall promote the consumption of wine on the licensed premises by an means or methods which result in wine prices which are less than those normally charged on the then regularly-used menu, including, but not limited to, two-for-one or similar offers, prizes, coupons, games or barters. (f) (9) No licensee shall sell, of€er for sale, or keep for sale wine in any original package that has been refilled or partly refilled. No licensee shall directly, or through any other person, dilute, or in any manner tamper with, the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession 'on the premises by the licensee of any wine in the original package differing in composition, alcoholic content or type from the wine received from the manufacturer or wholesaler from whom it was purchased, shall be prima facie evidence that the contents of the original package have been diluted, changed or tampered with. (h) Licensees under this Part H may sell wine during the same hours on Sunday as holders of Sunday sale licenses may sell intoxicating liquor. this ordinance are anticipated to be made at least twice during each license period. All applicable provisions of State statutes and regulations shall be complied with in connection with the on-sale of wine. (i) The City inspections authorized by Section 12 (9) of (j) - Sec. 41. Suspension &Revocation. The enforcement, suspension and revocation provisions of Ordinance No. 141 shall apply to all licenses issued under Part B of this ordinance, except to the extent inconsistent with applicable State statutes State statutes and regulations shall apply. - . and regulations, and in the event of such inconsistencies, the Sec. 42. Individual Licensing pf Servers. (a) All personnel who physically serve wine to patrons must possess an individual server's license issued by the City. This does not prohibit unlicensed personnel from taking orders for wine in conjunction with the sale of food, but wine may only be served by licensed personnel. requirements set forth in Sec. 39 (a) (1, 2, 5, 9 and ll), together with signed statement indicating they have reviewed and understand the pertinent sections of this ordinance and of State laws and regulations. not be prorated upon termination. (b) In order to be licensed, servers must meet the (c) The license fee is set forth in Ordinance 171 and shall Sec. 43. Manaqer ' s License. (a) The manager or person in charge shall be an individual, and shall be designated in the license application. I I 31 18 I84 99 The person so designated shalLapply for an individual manager's license on application forms provided by' the City Clerk. the application of the licensee.. . No investigative fees additional to those required by Section 38 shall be required for a manager's license application, but if investigation.of the proposed manager results in additional expense, or out of state investigation, additional deposits may be required to be made under Section 38. The application shall be processed with .. The person so designated, in order to be granted a manager's license hereunder, shall and must comply with all requirements of this ordinance, State statutes and regulations which are applicable to an applicant for an on-sale wine license under this Part H, including, without limitation, Sec. 39 (a) of this Part €I. The license fee is listed in Ordinance No. 171. The provisions of ,Section 38 (b) apply to this Sec. 43. Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Richards, Turner, Courtney Nays: Bredesen First Reading granted. LIQUOR FUND REPORT as of December 31, 1984, was presented, reviewed and ordered placed on file by motion of Member Kelly, seconded by Member Richards. Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. CLAINS PAID. Motion of Member Kelly was seconded by Member Richards for payment of the following claims as per Pre-List dated 3/18/85: General Fund $267,307.77, Art Center $7,005.34, Golf Course Fund $15,525.98, Recreation Center Fund $1,939.28, Utility Fund $6,561.93, Liquor Dispensary Fund $71,665.67, Con- struction Fund $5,953.50, To.tal $375,959.47 and for confirmation of payment of the following claims dated 3/4/85: General Fund $37,946.31, Art Center $246.32, Golf Course Fund $2.53, Recreation Center Fund $637.41, Utility Fund $19,964.00, Liquor Dispensary Fund $282.92, Construction Fund $360.00, Total $59,439.49 -- Ayes: Bredesen, Kelly, Richards, Turner, Courtney Motion carried. There being no further business on the agenda, Mayor Courtney declared the meeting adjourned at 1O:lO p.m. /?yz?&&%. 62A.L City Clerk '