HomeMy WebLinkAbout19850909_regularMINUTES
OF THE REGULAR MEETING OF THII
EDINA CITY COUNCIL HELD AT CITY HALL
SEPTEMBER *9 , 1985
257
Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor
Courtney.
CITY EMPLOYEES COMMENDED. Mr. Rosland introduced the following City employees:
John Olson, Utility Inspector with 33 years of service; Don Lofthus, Supervisor of
Surveys with 31 years of service; John-Dans, Survey Crew Chief with 29 years of
service; and Jim Michalko, Supervisor of Inspections with 24 years of service.
He explained that they have been instrumental in the development of over 2/3 of
all the City's streets, storm sewers, sanitary sewers and watermains. Mr. Rosland
commended them for their excellent performance and dedication and each was
presented with a silver pen bearing the Edina Logo.
extended their thanks and appreciation to these empioyees.
MINUTES of the Regular Meetings of August '5 and 19, 1985, Special Meeting of
August 12, 1985, and Joint Council/HRA meeting of August 19, 1985 were approved
as submitted by motion of Nember Bredesen, seconded by Member Kelly.
Members of the Council also
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
BUDGET FOR 1986 PRESENTED TO COUNCIL. Mr. Rosland presented the proposed Budget
for 1986 to the Council Members for their review and consideration at the special
budget hearings which have been scheduled. He advised that the Budget for 1986
must be adopted by October 1, 1985 as mandated by statute. .No formal action was
taken.
WOODDALE PARK PLAN AND PARKING LOT IMPROVEMENTS IN WOODDALE/UTLEY PARKS APPROVED.
Mr. Rosland recalled that the Wooddale Park improvements and proposed parking in
Wooddale and Utley Parks has been continued at the last Council Meeting and that
staff had been directed to draft a parking plan for Wooddale and Utley which
would locate the parking lots along W. 50th Street to serve the parking needs of
the parks and also St. Stephens Episcopal Church.
summarized as follows:
areas, one equipped for pre-school age children and the other equipped for grade
school age children; to the south a hard surface area; to the west open play
space area (softball, soccer, fpotball); backstop with 4' fence south of playing
fields; remaining area would be open space; existing retaining wall on north side
would remain and fence would be repaired; from top of tbe..reta$ningLwall a 3tl slope
would be sodded; two points of interest on each side of Wooddale Avenue/5Qth Street
would mark the official entrance to the Country Club District; Wooddale Park
would be opened to the west into Williams Park. Alternatives for Parking/Wooddale:
1) access off W. 50th Street further west from existing entrance and adjacent to
proposed access to Utley Park; lot sited easterly with 25 spaces, with 10 addi-
tional spaces optional; 2) access off Wooddale Avenue; lot sited southerly with
25 spaces. Alternatives for Parking/Utley: 1) access off W. 50th Street further
west from existing entrance and adjacent to proposed access to Wooddale Park; lot
sited approximately in existing location redesigned with 47 spaces; 2) 47 spaces
as stated in option #l, 9 additional spaces sited south of tennis courts;
3) 47 spaces as stated in option #l, with parking bay on Utley side of W. 50th
Street providing 12 spaces; 4) 46 spaces, lot setback 20 feet from street right
of way, sited along W. 50th Street and preserving the large trees; .5}.:47 spaces
as stated in.aoption ill, 9 additional spaces sited with access off Wooddale Avenue.
Staff would recommend Plan A as presented for the Wooddale Park improvements.
Regarding parking,,staff would recommend the 25 spaces in Wooddale accessed off
W. 50th Street, with 10 additional spaces as an option; and would recommend
47 spaces in Utley Park in existing location, with options of 9 spaces below
the tennis courts or coming off Wooddale Avenue and the parking bay on the
Utley side of W. 50th Street providing 12 spaces. Engineer Hoffman explained .
that the proposed median on W. 50th Street westerly of Wooddale Avenue would
be 10 feet in width, tapering-to 4 feet at each end and would be planted
as a green area. Jim Curry, 4817 Upper Terrace and representing St. Stephens
Episcopal Church, said he would take the staff recommendation regarding parking
(94 spaces) baclc to the church vestry to seek their approval.
opposition to the proposed parking were Jane and Charles Paulus, 4617 Moorland
Avenue; Kathy Stassen, 4406 Sunnyside Road and Dave Duhaime, 4401 Country Club
Road. Paul FOSS, 5329 Interlachen Boulevard, stated that the park area now
known at Utley Park was originally dedicated as a war memorial park in memory
of the boys from Edina who lost their lives in the war and that it should be
preserved for that original purpose.
wqre Pat Rile, 4506 Moorland Avenue and Nancy Purcell, 4518 Wooddale,Avenue.
Mayor Courtney then called for comments from the Council.
that of the various options presented he favored limiting the parking in Wooddale
to 25 spaces off W. 50th Street, 47 spaces in Utley Park in existing location
Graphics were presented
Plan A: Kidney-shaped tot lot SO' x 120' with two play
Speaking in
Speaking in favor of the proposed parking
Member Bredesen said
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258
and 12 spaces in a parking bay on the Utley side of W. 50th Street.
if necessary to ensure the church's participation, he would support the additional
small parking lot off Wooddale Avenue across from the church.
commented that St. Stephens contributes to the neighborhood and the community in
a fashion that warrants special consideration for its parking needs and that Plan A
is a reasonable compromise for Wooddale and Utley Parks.
she would support Plan A as presented with 47 spaces in Utley Park and the 12 space
parking bay along Utley Park and for Wooddale Park would support 35 parking spaces
with the access off Wooddale as now proposed.
allow over 80% green space in Wooddale Park which is the main concern of the
neighborhood.
are necessary they should be provided in Wooddale Park. Member Richards pointed
out that although he is a member of St. Stephens he has looked at the issues from
a community perspective and that he concurred with Member Turner's viewpoint for
35 parking spaces in Wooddale Park based on these reasons: 1) that the financial
participation by the church is a benefit to the community, 2) that the parking is
requested by a church that does service the interests of the larger community,
3) that it would create more green space in Wooddale than what was there when it
was a school, and 4) that it would accommodate the interests of the residents to
keep W. 50th Street narrow east of Wooddale, thus impinging on street parking.
Member Turner then made a motion to adopt Plan A for Wooddale Park, with the
fol3owing speciffcs for parking: 1) 35 space'parking lot in Wooddale,.with entrance
off W. 50th Street and 2) 47 parking spaces in Utley Park redesigned in existing
location and 12-space-parking bay on Utley side of W.. 50th Street, subject to
financial participation by St. Stephens Episcopal Church.
Member Kelly.
He added that,
Member Bredesen
Member Turner stated that .
A*
She commented that it would still
I Member Kelly said she supported Plan A and if an additional 10 spaces
Motion was seconded by
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
FINAL PLAT APPROVED FOR FOSTER GREEN ADDITION.
the Council had given preliminary plat approval for the Foster Green Addition at
its meeting of July 15, 1985, and that the proponent is now requesting final plat
approval. Staff would recommend approval based on an executed developer's agree-
ment and subdivision dedication.
the following resolution and moved its adoption, subject to payment of a sub-
division dedication fee of $21,200.00:
Planner Craig Larsen recalled that
No comment being heard, Member Turner introduced * ".
I RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR FOSTER GREEN ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "Foster Green Addition", platted by Foster Green, single,
owner and proprietor, and presented at the regular meeting of the City Council of
September 9, 1985, be and is hereby granted final plat approval.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Nays: Richards
Be:iol.ution adopted.
LOT' DIVISION APPROVED FOR LOT 6, BLOCK 1, THE HABITAT.
sented a petition for division of Lot 6, Block 1, The Habitat, located at 6112-14 .:-. Planner Craig Larsen pre-
Habitat Court. The proponent is requesting a lot division of an existing double
bungalow.
Ordinance for dividing R-2 properties and the building provides separate utility
connections.
being heard, Member Bredesen introduced the following resolution and moved adoption:
The proposed lot division satisfies all conditions of the Zoning
Staff would recommend approval of the lot division. No objection
RESOLUTION
WHEREAS, the following described property is at present a sing16 tract of land:
Lot 6, Block 1, The Habitat; and
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows : I
Parcel A: That part of Lot 6, Block 1, THE HABITAT, lying southwesterly -
of a line, and its extensions, drawn from a point on the westerly line of
said Lot 6 distant 64.44 feet southwesterly from the most northerly corner
thereof to a point on the easterly line of said Lot 6 distant 65.41 feet
southerly from the northwest comer thereof, as measured along said easterly
line, and reserving easements of record; and
Parcel B: That part of Lot 6, Block 1, THE HABITAT, lying northeasterly
of a line, and its extensions, drawn from a point on the westerly line .
of said Lot 6 distant 64.44 feet southwesterly from the most northerly
comer thereof to a point on the easterly line of said Lot 6 distant 65.41
feet southerly from the northeast corner thereof, as measured along said
easterly line, and reserving easements of record.
WHEREAS, it has been determined that compliance with the Subdivision arid 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 Ordinance
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259
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 sparate 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 or
as to any other provision thereof, and subject, however, to the provision that
no further subdivision be,made of said Parcels unless made in compliance with
the pertinent ordinances of the City of Edina or with the prior approval of
this Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney I Resolution adopted.
ri 0 00 0
5 m
LOT DIVISION APPROVED FOR LOT 1, BLOCK 1, THE HABITAT. Planner Craig Larsen
presented a petition for division of Lot 1, Block 1, The Habitat, located at
6108-10 Waterford Court.
existing double bungalow. Mr. Larsen advised that the proposed lot division
satisfies all conditions of the Zoning Ordinance for dividing R-2 properties
and that separate utility connections are provided.
approval.
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 :
The proponent is requesting a lot division of an
Staff would recommend
No objection being heard, Member Bredesen introduced the following
RESOLUTION
Lot 1, Block 1, The Habitat; and
Parcel A: That part of Lot 1, Block 1, THE HABITAT, lying southwesterly
of a line and its extensions drawn from a point on the westerly line of
said Lot 1, distant 70.00 feet south from the northwest corner thereof
to a point on the easterly line of said Lot 1 distant 30.54 feet south-
westerly from the most easterly corner thereof, as measured along said
easterly line, and reserving easements of record; and
Parcel B: That part of Lot 1, Block 1, THE HABITAT, lying northeasterly
of a line and its extensions drawn from a point on the westerly line of
said Lot 1, distant 70.00 feet south from the northwest corner thereof to
a point on the easterly line of said Lot 1 distant 30.54 feet southwesterly
from the most easterly corner thereof, as measured along said easterly
line, and reserving easements of record.
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 interefere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 801 and 825;
5'.J9 THEREFORE, it is hereby resolved by the City Council of the City of Edina
i'
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 notwaived for any other purpose or
as to any other provision thereof, and subject, however, to the provision that
no further subdivision be made of said Parcels unless made in compliance with
the pertinent ordinances of the City of Edina or with the prior approval of
this Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Member Turner.
the conveyance and ownership of said Parcels as separate tracts of land
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
HEARING DATE SET FOR VARIOUS PLANNING MATTERS. Member Bredesen's motion was ~
seconded by Member Kelly setting September 16, 1985 as hearing date for the
following Planning matters:
1)
2)
3)
4)
5)
6) Final Development Plan - Mail Handling, Inc. 7225 Washington Avenue So.
Zoning Change - R-1 Single Dwelling District to R-2 Double Dwelling District
and Preliminary Plat Approval - Folke R. Victorsen, 6101 France Avenue So.
Preliminary Plat Approval - Parkwood Knolls 22nd Addition
Preliminary Plat Approval - Interlachen Heights
Conditional Use Permit - City of Edina - Braemar Clubhouse - 6364 Dewey
Hill Road
Final Development Plan - James W. Nelson - 3922-30 W. 49% Street
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
BID AWARDED FOR SIDEWALK REPLACEMENT IMPROVEMENT NO. S-34 (COUNTRY CLUB DISTRICT)
Mr. Rosland presented tabulation of bids for Sidewalk Replacement Improvement
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260
No. S-34 in the Country Club District (Brown and Fairway Sections) showing Victor
Carlson & Sons, Inc. at $80,985.00, Arcon Construction Go., Inc. at $98,605.00,
Holst Construction, Inc. at $104,776.6OY.and Gunderson Bros. Cement Contractors
Company at $118,427.50.
low bidder, Victor Carlson & Sons, Inc. at $80,985.00 was seconded by Member
Turner.
Member Bredesen's motion for award of bid to recommended
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
BIDS FOR TRAFFIC CONTROL SIGNAL SYSTEM FOR 70TH STREET AND CORNELIA DELAYED.
Engineer Fran Hoffman advised that the City had advertised for bids for the traffic
control signal system for 70th Street and Cornelia Avenue several weeks ago, based
on verbal approval of plans by the State of Minnesota.
returned the plans for several corrections which have been made and the plans have
been re-submitted. Mr. Hoffman said the approved plans are expected back soon and
that bids are expected to be awarded within the next few weeks.
RESOLUTION ADOPTED IN SUPPORT OF UNITED WAY DAY. Member Turner introduced Jane
Crouch, an Edina resident and volunteer for United Way. Ms. Crouch explained that
approximately 800 small businesses will be solicitated in a one-day effort asking
for their contributions to the United Way Campaign and asked the support of the
Council in this event.
I Subsequently, the State
No action was taken.
Member Turner then introduced the following resolution . - and moved its adoption:
1-. RESOLUTION - WHEREAS, the United Way of Minneapolis Area currently provides funding to 103 - agencies offering over 370 programs ranging from counseling victims of child abuse
to providing homemaker services to the elderly that will allow them to remain in
their homes; and
WHEREAS, the efforts of thousands of community volunteers enable the United Way to
maintain fundraising and administrative costs under 9C to every contributed dollar;
and
WHEREAS, in 1985 allocations were made to programs that are reaching more people
in high growth communities, the United Way Board of Directors has made a strong
commitment to expanding services to suburban and outlying growth communities;
BE IT RESOLVED, that the Mayor and City Council of Edina hereby support United
Way Day, September 18, 1985, in the Edina area and further encourage local busi-
ness and their employees to participate in this event.
Motion €or adoption of the resolution was seconded by Member Kelly.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
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I
RESOLUTION ADOPTED APPROVING EDINBOROUGH UTILITIES; BIDS TO BE TAKEN. Mr. Rosland
presented a feasibility report for off-site utilities for the Edinborough project
for City assessment as follows:
Improvement .
Sanitary Sewer No. P-SS-371 (off-site)
Estimated Cost
$ 4,620.00
Vatermain No. P-WM-356 (off -site) 102,343.75
Storm Sewer No. P-ST.S.-177 (off-site) 186,184.37
He advised that the Edina Housing and Redevelopmcnt Authority (HRA) does or wi-11'
owjn the real property proposed to be assessed for the improvements, viz.., all of
the land in the proposed plat of Edinborough and that the HRA has petitioned the
Council to construct the above improvements and to assess the entire cost against
the said pro j ect in the plat of. Edinborough. ' Member' Bredesen thereupon introduced
the following resolution and moved its adoption:
RESOLUTION ORDERING EDINBOROUGH UTILITIES
UPON PETITION THEREFOR
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1.
the Council to construct sanitary sewer, watermain and storm sewer and to assess
the entire cost against the property in the plat of Edinborough, and that said
petition has been signed by the Edina Housing and Redevelopment Authority, which
does or will own all of the real property to be assessed.
, 2.
. ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of
1961, Chapter 525, Section 2).
be referred to in all subsequent proceedings as SANITARY SEWER IMPROVEIIENT
NQ. SS-271, WATERMAIN IMPROVEMENT NO. WM-356, and STORM SEWER IMPROVEMENT
NO. ST.S.-177.
assessed against the properties in said plat of Edinborough.
Motion for adoption of the resolution was seconded by Member Turner.
It is hereby found and determined that a petition has been filed requesting
-
. .
.-
The making of said improvements in accordance with said petition is hereby
Said improvements are hereby designated and shall
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The entire cost of said improvements is hereby ordered to be
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney *
Resolution adopted.
C
Member Bredesen then introduced the following resolution and moved its adoption:
261
N3SOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS
FOR SANITARY SEWER IMPROVEMENT NO. SS-371, WATERMAIN IMPROVEMENT NO. WM-356
AND STORM SEWER IMPROVEMENT NO. ST.S.-177
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA:
1. The plans and specifications for the proposed-improvements set forth in the
following Advertisement for Bids form, heretofore prepared by the City Engineer
and now on file in the office of the City Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin
the following notice of bids for improvements:
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
HENNEPIN COUNTY, MINNESOTA
Project:
25 acre mixed use (offices, high rise building and residential) development in
Edina at the Southwest Quadrant of 76th Street and York Avenue.
to begin in 3985 with completion in 1986.
Improvement Contract No. 85-12
Sealed bids will be received and opened in the Council Chambers in Edina City Hall,
4801 West 50th Street at 11:OO A.M., October 3, 1985 and the City Council of Edina
and Housing Redevelopment Authority of Edina will meet at 7:OO P.M., Monday,
October 7, 1985, to consider said bids for the designat'ed utilities.
Estimated quantities: 4,605 L.F. RCP Storm Sewer
Utility construction for Edinborough Way and Phase I site utilites for a
Utility work is
1,465 L.F. VCP Sanitary Sewer
4,130 L.F. DIP Watermain
Bids shall be in a sealed envelope with a statement thereon showing the work
covered by the bid. Bids should be addressed to the City Engineer, City of Edina,
4801 West 50th Street, Edina, MN 55424, and mailed or submitted personally to the
City Engineer.
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 BRW, Inc.,700 Third Street South, Minneapolis, MN.
said plans and specifications should be directed to BRW, Inc. at 370-0700. Plans
and specifications are available for a deposit of $30.00 (by check). Said deposit
will be returned upon return of the plans and specifications with a bona fide bid.
No bids will be considered unless sealed and accompanied by a bond or certified
check payable to the City of Edina in the amount of at least ten (lO).percent of
thr? amount of base bid. The City Council of Edina'and Housing and Regevelopment
Pi
D.i 6jRDER OF THE EDINA CITY COUNCIL AND HOUSING AND REDEVELOPMENT AUTHOkITY OF EDINA
Bids received by the City Engineer, either through the mail or by
All questions concerning
xity of Edina reserves the right to reject any or all bids. . -, c
Marcella M. Daehn, City Clerk
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: - Bredesen, Kelly, Richards, Tufner, Courtney
Resolution adopted.
UPDATE GIVEN ON BRAEMAR EXECUTIVE COURSE/BRAEMAR BOULEVARD IMPROVEMENT; PRELIMI-
NARY APPROVAL GIVEN.
Golf Course have been reviewed and approved by the Park Board over the past
months and that staff has been asked to update the Council on the project. Eng-
ineer Hoffman explained that, as the architect for the golf course worked on the
plans, it became clear to staff that there would be a problem with Braemar Boul'e-
vard in that area. The roadway has been gradually sinking due to peat conditions
and soil reports indicate that the roadbed must be surcharged with soil before a
new roadway can be put down. It was explained that there would be some economic
advantages in reconstructing this area of Braemar Boulevard in conjunction with
the golf course construction because soil removed from the No. 1 and No. 10 tees
could be used to compress the soil before the new roadway is constructed to
prevent any settling in the future.
as presented to the Park Board are for a state aid roadway 32 feet in width with
curb and gutter and a pathway along the south side to tie into the existing
sidewalk on Dewey Hill Road and the pathway around Braemar Golf Course. Graphics
were then presented by Mr. Kojetin showing the proposed golf course construction.
He commented that the roadway project emerged over the concern for flood control
of storm water and that considerable piping was proposed to handle storm water
from a 48' pipe near the tennis courts to route it to Nine Mile Creek, resulting
Mr. Rosland stated that the plans for the Braemar Executive
Mr. Hoffman stated that preliminary plans
. I.
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262
in considerable cost for the golf course construction.
best alternative was to look at Braemar Boulevard and the golf course construction
to see if some combination program could be developed.
that the combined roadway/golf course construction would provide a better golf
course, a better entrance and would provide for getting patrons across Braemar
Boulevard by means of a bridge.
Mr. Hoffman explained that state aid funding is available for the reconstruction
of Braemar Boulevard as well as other projects scheduled for the near future.
Preliminary approval for reconstruction of Braemar Boulevard is being requested
with final approval by the Council after approval of the project by MNDO.
Kelly made a motion to grant preliminary approval for reconstruction of Braemar
Boulevard in connection with the golf course construction. Motion was seconded
by 'Member Turner.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
It was concluded that the
Mr. Kojetin pointed out
In response to question of Member Bredesen,
Member I
APPOINTMENT MADE TO COMMUNITY DEVELOPMENT AND PLANNING COMMISSION. Member Turner
stated that 18 persons were interviewed by the Councilllembers prior to the
Council Meeting in the selection process to fill an un-expired term on the Com-
munity Development and Planning Commission and that all were excellent candidates.
Following discussion of the leading candidates, Member Bredesen made a motion to
appoint Jane Paulus, 4617 Moorland Avenue, to the Community Development and
Planning Commission to fill an un-expired term to February 1, 1987.
seconded by Member Richards.
Motion was
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
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It was unanimously agreed that the Council Members would meet at 6:30 p.m. on
September 17, 1985 to interview candidates for the other openings on the Board
of- Appeals, South Hennepin Human Services Council and the Heritage Preservation
Board.
ON-SALE WINE LICENSES APPROVED FOR LE BISTRO CAFE AND DAYTON'S BOUNDARY WATERS
RESTAURANT.
The New LeBistro Cafe of Edina and Dayton's Boundary Waters Restaurants have been
investigated-by the Eolice, Health and Planning Departments and that issuance of
on-sale wine licenses is recommended conditioned upon approval by the State of
Minnesota.
issuance of on-sale wine licenses to The New LeBistro Cafe of Edina and Dayton's -.:
Boundary Waters Restaurant.
Mr. Rosland advised that the on-sale wine license applications for
No comment being heard, Member Richards made a motion to approve:
Motion for approval was seconded by Member Turner.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
UPDATE GIVEN ON HOMART DEVELOPMENT. Mr. Rosland recalled that on August 19, 1985
a report had been given to the Council regarding the Final Environmental Impact
Statement (EIS) for the Homart Development in Bloomington. The report noted that
the ::*% failed to respond to the various issues which had been raised by Edina.
The :. mcil authorized staff to send another letter to Bloomington urging that
they conclude that the EIS was inadequate to pursue steps go lessen the project's
impact on Edina. The Council also authorized a resolution requesting a metro-
politan significance review of the project by the Metropolitan Council. A second
letter was sent to the Bloomington City Council and on August 26, the Bloomington
Council rejected Edina's requests and adopted a resolution approving the Final EIS.
Mr. Rosland advised that last week inquiries were received from Homart's attorney,
Ms. Fisher, concerning the possibility of two members of each city council meeting
to discuss the issues.
reducing the size of the project.
in meeting, however, we objected to any preconditions to such a meeting and stated
that Edina's interest was the density of the project. Mr. Rosland said that Mayor
Courtney had suggested that Members Bredesen and Richards represent the Council at
-. the proposed meeting which has been scheduled for September 20. Member Turner .
stated that she felt the meeting between members of the councils was an excellent
step and asked what the time frame was for submitting the resolution to the Metro-
politan Council.
be timely so that it would not appear to be simply a delaying tactic and the goal
has been to submit the resolution something during the month of September. Mean-
while every attempt should be made to resolve the problem between the two muni-
cipalities before submitting the resolution to the Metropolitan Council. No formal
action was taken.
UPDATE GIVEN ON PROPOSED BLOOMINGTON MEGAMALL. Mr. Rosland advised that Mr. Hughes
had met with Bill Barnhart of the City of Minneapolis concerning the proposed Megamall
in Bloomington and that Mr. Barnhart had provided detailed written madrial which
had been generated by Minneapolis and had briefed him on their present lobbying
activities.
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It was inferred that Bloomington may be unwilling to discuss
Ms. Fisher was told that Edina is very interested
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Mr. Hughes commented that the submission of the resolution should
Mr. Barnhart had later sent a copy of the comments made by Minneapolis
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263
on the EAQ Scoping Document for the project.
alternatives are available. First, a meeting may be desirable between one of our
elected officials and Mayor Fraser and/or some Minneapolis council members.
Second, a meeting with representatives of the Center Companies and other retailers
in Edina would be desirable. Third, an attempt to develop a coalition with other
suburbs could be initiated.
following three steps: 1) Prior to September 11, Edina should offer comments con-
cerning the Scoping Document by simply endorsing the. comments made by Minneapolis
or by selecting those issues which Edina is particularly concerned with such as
transportation and economic impacts; 2) Communicate with our legislators that
a> any subsidization of this project has the effect of creating a project based
upon false economics that will adversely affect existing retailing, and b) that
the public investment needed to upgrade the transportation system to accommodate
this project is excessive and not in our interests; and 3) Communicate with the
Metropolitan Council urging a thorough review of the project from the standpoint
of metropolitan significance.
this issue at their last meeting and decided to form a task force to determine
what position the AMM should take if any. The discussion centered on the point
that it is probably most appropriate for the AMM to comment on the metropolitan
significance process only.
Council is not qualified to do an economic analysis, that it should limit its
review to the impact of the project on the regional systems and the Metropolitan
Development Guide. Member Turner said that in terms of communicating with our
legislators that she felt the legislators should not take action until the
completion of the Metropolitan Council's review.
,that our legislators should be told that the project should not be exempt from
the provisions of the fiscal disparities law unless the law were eliminated all
together. Mayor Courtney commented that the megamall project may result in the
removal of fiscal disparities for all municipalities and that he personally was
not sympathetic to the position of Minneapolis regarding their concern over the
convention center to be included in the megamall. Member Kelly then made a
motion to authorize staff to: 1) offer comments concerning the Scoping Document
by identifying the issues that would specifically impact Edina, 2) communicate
to our legislators the position of the Council with regard to concern as to
existing retailing in Edina and affect of the megamall on the transportation
system, and that the legislature not meet in special session before the Metro-
politan Council's review, and 3) communicate with the Metropolitan Council
urging a thorough review of the project from the standpoint of metropolitan
significance. Motion was seconded by Member Bredesen. Member Turner commented
that her chief concern was to make sure a thorough process is followed for all
phases of the megamall project.
of the motion and from a strategic standpoint suggested meeting with a group
of Edina retailers, including the Center Companies, to get their thoughts.
Member Richards commented that because of the large scope of the project that
m.aybe the legislature should convene to look at it from the perspective of how
1 will affect the entire state, rather then just the metropolitan area. Mayor
(
From a strategy standpoint, some
Mr. Hughes pointed out that the City could take the
Member Turner noted that the AMM Board has discussed
Board members had observed that the Metropolitan
Member Bredesen indicated
She indicated a preference for steps 2 and 3
*i !! .. .tney then called the motion.
Ayes: Bredesen, Kelly, Richards, Turner
Nays : Courtney
Motion carried.
LOT DIVISION RESOLUTION OF 7/1/85 REVISION APPROVED.
the Council at its meeting of July 1, 1985 had approved a lot division for Lot 2,
Block 2; Indianhead Crest and Lot 1, Block 1, Arrowhead Ridge.
have advised that in order to record the lot division, the legal descriptions
must be revised to more clearly define the new parcels created by the division.
Member Bredesen thereupon moved adoption of the following revised resolution:
WHEREAS, the following described tracts of land constitute various separate
parcels :
Lot 2, Block 2, Indianhead Crest and Lot 1, Block 1, Arrowhead Ridge; and
WHEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following described new and separate parcels (herein called "Parcels") :
That part of Lot 2, Block 2, Indianhead Crest, according to the recorded
plat thereof on file and of record, Hennepin County, Minnesota which lies
Southwesterly of the following described line:
Mr. Rosland recalled that
The proponents
RE SOLUTION
Commencing at the most easterly corner of said Lot 2, Block 2; thence
in a northwesterly direction, along the northeasterly lot line of said
Lot 2, Block 2, a distance of 95.44 feet to the point of beginning of
the line to be described: thence northwesterly, deflecting to the left
27 degrees00 minutes 00 seconds for a distance of 80.00 feet: thence
northwesterly, deflecting to the right 24 degrees 29 minutes 30 seconds
for a distance of180.00 feet, more or less, to the northwesterly lot
line of said Lot 2, Block 2 and there terminating, and
9/9/85
Lot I, Block 1, Arrowhead Xidge, and that part of Lot 2, Block 2, Indianhead
Crest, according to the recorded plat thereof on file and of record,
Hennepin County, Minnesota which lies Northeasterly of the following
described line:
Commencing at the most easterly corner of said Lot 2, Block 2; thence
Lot 2, Block 2, a distance of 95.44 feet to the point of beginning of the
line to be described; thence northwesterly, deflecting to the left 27
degrees 00 minutes .OOseconds for a distance of 80.00 feet; thence
northwesterly, deflecting to the right 24 degrees 29 minutes 30 seconds
for a distance of180.00 feet, more or less, to the northwesterly lot
line of said Lot 2, Block 2 and there terminating.
.. in a northwesterly direction, along the northeasterly lot line of said
I l*lHEREAS, it has been determined that complaince 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 @rdinance
Nos. 801 and 825;
BOW, 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 or as to any
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.
- other provision thereof, and subject, however, to the provision that no further
Rollcall: I
Ayes:
Resolution adopted.
Bredesen, Kelly, Richards, Turner, Courtney
ESTATE SALES ON SUNDAY DISCUSSED.
about the recent professionally conducted estate sales being held on Sundays
because of the number of people and resulting traffic being drawn into the
community. Also, items that have not sold at a previous sale are being taken
into the home where a current sale is being held.
review the City's ordinances regarding these issues.
CITY HALL SPACE STUDY UPDATE GIVEN.
City Hall Space Study and when the Council could expect a report from the committee.
Mr. Rosland aaid he would contact the chairman to find out the status of their
study. No action was taken.
Member Kelly commented that she was concerned .
,i)
Mr. Rosland said staff would
No formal action was taken.
Member Turner asked about the progress of. the
MEMORIAL FOR KRISTEN JOHNSON REFERRED TO PARK BOARD. Member Richards reported
that he had received a telephone inquiry as to a possible memorial for Kristen
Jch-ctscln, a young resident of Edina who had died in an accident, to be located
in ~h. fqooddale/Utley parks area.
refercd to the Edina Park Board for their recommendation. No action was taken.
Member Richards suggested the request be
PETITION OF RESIDENTS REGARDING SKATE BOARD RAMP AT 6905 WOODDALE AVENUE DISCUSSED.
Mayor Courtney called the Council's attention to a petition of the residents of
Creston Hills stating they do not approve of the skate board ramp being con-
structed at 6905 Wooddale Avenue.
be constructed because of the moratorium on skate board ramps imposed by the
Council at its meeting of August 19, 1985.
NSP ELECTRIC RATE INCREASE DISCUSSED.
had received from William L. Wilson, Councilman, City of St. Paul, with regard
to a proposed electric rate increase of 13.44 percent by Northern States Power
Company.
to intervene in this rate case.
by the Suburban Rate Authority who will be involved in this and that there is a
public hearing process for any proposed rate increases.
Mr. Rosland explained that the ramp cannot
Mayor Courtney referred to a letter he f
I Mr. Wilson proposes that concerned cities join together as a consortium
Mr. Rosland pointed out that Edina is represented
No action was taken.
MANAGER'S VACATION NOTED. Mr. Rosland advised the Council that he would be on -- vacation from September 26 to October 7 and that Gordon Hughes, Assistant City
Manager, would act in his absence.
__ RESOLUTION ADOPTED RELATING TO PARKING RESTRICTIONS ON BRAEMAR BOULEVARD FROM
GLEASON ROAD TO VALLEY VIEW ROAD.
for State Aid Funds for the reconstruction of Braemar Boulevard, a resolution
to ban the parking of motor vehicles on both sides of Braemar Boulevard is
required.
moved its adoption:
Mr. Rosland advised that in order to qualify
Member Bredesen thereupon introduced the following resolutioh and
9/9/85
265
RESOLUTION RELATING TO PARKING RESTRICTIONS ON
TO VALLEY VIEW ROAD
S.A.P. 120-138-04 (BRAEMAR BLVD) FROM GLEASON ROAD
4 0 a, 0
5 m
THIS RESOLUTION, passed this 9th day of September, 1985, by the City of
Edina in Hennepin County, Minnesota.
hereinafter be called the "City".
WITNESSETH:
WHEREAS, the "City" has planned the improvement of MSAS 138 (Braemar Boulevard)
from Gleason Road to 2,000 feet west of Gleason Road;
WHEREAS, the "City", will be expending Municipal State Aid Funds on the
improvement of this Street, and
WHEREAS, this improvement does not provide adequate width for parking on both
sides of the street approval of the proposed construction as a'Municipa1 State
Aid Street project must therefore be conditioned upon certain parking
restrictions, and
WHEREAS, the extent of these restrictions that would be necessary prerequisite
to the approval of this construction as a Municipal State Aid project
"City", has been determined;
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the "City", shall ban the parking
of motor vehicles on both sides of MSAS 138 (Braemar Blvd) from Gleason Road
to Valley View Road at all times.
Motion for adoption of the resolution was seconded by Member Turner.
The Municipal corporation shall
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
RESOLUTION ADOPTED IN SUPPORT OF S. 157O'REGARDING FEDERAL FAIR LABOR S"DWs - ACT.
League of Minnesota Cities advising that Senate File 1570, authored by Senator
Don Nickles, co-sponsored by Senator Dave Durenburger, speaks to concerns
regarding the Fair Labor Standards Act which affects the City's budget.
recalled that the recent U.S. Supreme Court decision in the case of Garcia vs.
San Antonio Metropolitan Transit Authority extends coverage of the Fair Labor
Standards Act to state and local government. For the City, this means that
compensatory time in lieu of overtime can no longer be allowed. S. 1570 would
permit an exemption from the FLSA overtime pay requirements for state and local
employees together with other modifications and staff would recommend that the
City support S. 1570. Member Bredesen commented that private employers must
adhere to the provisions of the FLSA-and that he could only support a resolution
that would apply to all employers, e.g. state, local and private sector. Member
Bredesen then introduced the following resolution and moved its adoption:
Mr. Rosland reported that an action report had been received from the
He
' 'RESOLUTION
T; ?EAS, the recent U.S. Supreme Court decision in Garcia versus San Antonio
J! . I:opolitan Transit Authority extends coverage of the Fair Labor Standards
Act (FLSA) to the state and local government; and
WHEREAS, this ruling represents an unwarranted intrusion in the management
of state and local government at a time when taxpayers are demanding that
government curb spending, compliance with FLSA regulations will increase the
cost of government without any corresponding increase in the level of sewices
provided; and
WHEREAS-, in some jurisdictions the higher costs of government may be accompanied
by service reductions; and
WHEREAS, for the City of Edina one of the most pronounced effects of this ruling
has been a dramatic increase in the cost of overtime; and
WHEREAS, in accordance with the FLSA regulations, the City must now pay overtime
at the rate of one and one-half times the regular hourly rate for work exceeding
40 hours in a seven-day work period; and
WHEREAS, in the past the City has limited its overtime cost by giving employees
the option to use compensatory time in lieu of overtime, compensatory time
provided a tool that facilitated the management of the City's work load require-
ments.
and watermain breaks rarely conform to the standard work week, use of compensatory
time has given the City the flexibility to handle its workloads while managing
the cost of human resources; and
WHEREAS, from a management perspective the City mustnow address an unanticipated
increase in overtime costs, without any prior experiencein budgeting overtime
expenses in accordance with the FLSA regulations, City officials recognize
that their costs estimates projected to this point could be extremely conservative
thus creating further budgeting problems for 1986; and
WHEREAS, any increased cost of compensation as a result of the FLSA regulations
will be borne by City taxpayers who will realize higher costs of government
services without any accompanying service improvements; and
Because municipal work loads such as those involve8 in snow emergencies
9/9/85
266
WI-IEREAS, from the prospective of City employees, elimination of the option to
use compensatory time is seen as a major loss, particularly since paid time off
is perceived as a desirable benefit. Previously, employees were able to work
with their employer to identify alternative arrangements to compensate hours
worked overtime above the normal work schedule. To many it is ironical that
the FLSA regulations, which are intended to benefit and protect employees, now
restrict their ability to take compensatory time in lieu of overtime payments;
and
WHEREAS, union employees recognize that the FLSA regulations negate the
compensatory time provisions contained in collective bargaining agreements,
no recognition is given to the fact that the employer and unions representing
the employees through a process of negotiation and compromise mutually agreed
upon the use of compensatory time as an alternative to cash overtime payments.
conditions of employment for employees without having any investment in how
. those decisions affect City employees; and 1 I
WHEREAS, the extension of FLSA regulations to state and local government has +
necessitated the redesign of work schedules for firefighters because the
traditional 56-hour week firefighter schedule typically used in mid-western
communities is no inconsistent with FLSA regulations.
continue the 56-hour schedule and pay the overtime now required by law.
merely increases the cost of providing fire services, resulting in higher costs
to taxpayers without any increase in the level of service. In addition, paying
the overtime associated with the 56-hour schedule ignores wage rates established
through collective bargaining, essentially creating an un-negotiated salary
increase and disregard for the collective bargaining process;
NOW, TREREFORE, BE IT RESOLVED that the City of Edina supports modifications
to the FLSA regulations as outlined in Senate 1570 which permit an exemption
from the FLSA overtime pay requirements for state and local employees and
permits the use of compensatory time off in lieu of overtime compensation,
grants exempt status for individuals who volunteer services for state and
local government, and eliminates retroactive application of Federal Fair
Labor Standards to the state and local government;
of Senate 1570 to encompass the private sector with regard to administration of
the FLSA.
Motion for adoption of the resolution was seconded by Member Turner.
I_
D . Instead, the U.S. Department of Labor now dictates important terms and
i
The City could opt to
This
i
BE IT FURTHER RESOLVED that the City of Edinasupportsexpansion of the provisions 1
Rollcall:
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted. t I
CLAIMS PAID.
of the following claims dated 9/9/85: General Fund $761,709.86, Park Fund .
$2,489.75, Art Center $2,382.29 , Swimming Pool Fund $8,229.20 , Golf Course
Furrd $135,557.13, Recreation Center Fund $7,098.79, Gun Range Fund $646.44, Ut3 7 -;
$19,4'-*.34, Total $965,803.00; and for confirmation of payment of the following
$687.91, Swimming Pool Fund $4,926.00, Golf Course Fund $8,148.07, Recreation
Center Fund $3,044.08 , Gun Range Fund $186.23, Utility Fund $25,174.73 , Liquor
Dispensary Fund $316,270.31, Construction Fund $15,190.18, Total $643,784.28.
Motion of Member Kelly was seconded by Member Turner for payment
1
i
1
i
-y Fund $24,805.80, Liquor Dispensary Fund $3,460.40, Construction Fund
I claims dated 7/31/85 ; General Fund $270,138.34, Park Fund $18.34, Art Center
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
STRATEGIC PLANNING SESSION RESCHEDULED FOR SEPTEMBER 14, 1985. Member Turner
emlained that following the workshop on August 12, 1985 at which the Council -
idktif ied key issues in the Strategic Plan-another work session was needed ta
determine specific objectives for 1986 and it was agreed to do this following
today's regular Council meeting if time permitted.
to reschedule the Strategic Planning session for Saturday, September 14 at
8:30 a.m. so that the 1986 objectives could be identified before the start of
the 1986 Budget hearings.
There being no furtherobusiness on the agenda, Mayor Courtney declared the
meeting adjourned at 9:55 p.m.
It was informally agreed I
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City Clerk