HomeMy WebLinkAbout19860602_regular148 >IINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
JUNE 2, 1986
Answering rollcall were Nembers Bredesen, Kelly, Turner and Mayor Courtney.
AMERICAN HEART ASSOCIATION DAY IN EDINA PROCLAIMED.
following proclamation:
WHEREAS, diseases of the heart and blood vessels are responsible for more deaths
than all other causes combined - causing widespread suffering and often creating
serious personal hardships in our homes and businesses, and
WHEREAS, the Heart Association carries forward a relentless fight against these
diseases through its programs of research, education, and community service as
made possible through public contributions to the American Heart Association,
Minnesota Affiliate, Inc .
THEREFORE, I proclaim June 21, 1986 to be American Heart Association Day in the
City of Edina, MN and call upon all our citizens to support the Edina Heart
Group Cardiac Arrest Event with their gifts and voluntary efforts.
PROCLAIMED at the City of Edina this 2nd day of June, 1986.
Mayor Courtney read the
PROCLAMATION
I
RESOLUTION OF APPRECIATION FOR BOB AND MARY ELLEDGE ADOPTED.
resolution was unanimously adopted by the Council:
The following
RESOLUTION OF APPRECIATION
WHEREAS, Bob Elledge has given outstanding service to the Edina community for
twenty eight years as a much-beloved band director, and
WHEREAS, his bands have won local, state and national acclaim, and
WHEREAS, he will be retiring from the Edina Public Schools at the end of this
school year, and
WHEREAS, his wife, Mary, has contributed heavily to the quality of Bob's band
productions through her talent as .a concert pianist, and
WHEREAS, their achievements have made this City a better place in which to live,
NOW, THEREFORE, BE IT RESOLVED that I, C. Wayne Courtney, Mayor of the City of
Edina, join with the members of the Council and all the citizens of Edina in
expressing our sincere appreciation to:
BOB 'AND MARY ELLEDGE
for their unselfish and dedicated service to the School, the City and to their
fellow citizens on the occasion of the "We Love Bob and Mary Elledge Night",
June 17, 1986. I
DENNIS CAIN COMMENDED.
Awards Reception the Mayor's Community Involvement Commendation is given to a
Mr. Rosland stated that each year at the All Volunteers
City employee for outstanding volunteer service to the community above and
beyond their position with the City.
year's recipient, noting that Dennis has been a fireman with the City since
1969 and has been an excellent employee.
in the Edina Hockey Association and involved in the midget program.
Courtney then presented Mr. Cain with the award.
in commending him for his loyal service to the City and for his volunteer efforts.
He introduced Dennis Cain who was this
Beyond that, he has been very active
Mayor
Members of the Council joined
MINUTES of the Regular tf~eting of Kay 5, 1986 were approved as submitted by motion
of Member Turner, seconded by Member Kelly.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
FIN& PLAT APPROVED FOR BLAKE WOODS.
for final plat approval for Blake Woods, generally located east of Dearborn
Street and north of Belmore Lane, noting that on January 2, 1984 the Council
granted preliminary plat approval. The proponent is replating three existing
R-1 lots into four R-1 lots and final plat'approval has been delayed in order
. to coordinate efforts with the proposed Dearborn Addition plat directly to the
west.
would recommend final plat approval subject to a subdivision dedication fee
based on one new lot wTth a land value of $30,000.
Member Turner introduced the following resolution and moved its adoption,
subject to payment of a subdivision dedication fee of $2,400.00:
Planner Craig Larsen presented the request
All conditions of preliminary plat approval have been met and staff
No objections being heard,
RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR BLAKE WOODS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "BLAKE WOODS", platted by Lloyd E. Peterson and Patricia
A. Peterson, husband and wife, and presented at the Regular Meeting of the City
Council of June 2, 1986, be and is hereby granted final plat approval.
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
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LOT DIVISION APPROVED FOR 6433-6435 VERNON AVENUE SOUTH.
the request for a lot division of 5344-6435 Vernon Avenue South. The propon-
ents are requesting a party wall lot division of an existing double bungalow.
Separate sewer and water connections are provided and staff would recommend
approval. No objections being heard, Member Bredesen introduced the following
resolution and moved its adoption:
WHEREAS, the following described property is at present a single tract of land:
Mr. Larsen presented
RESOLUTION
Outlot By and the Southwesterly 10 feet of Lot 3, Block 1, GLEASON
FIFTH ADDITION, and Outlot B, VIKING HILLS 4TH ADDITION, and
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
The southwesterly 50.00 feet of the following described Parcel A:
property: Outlot By and the Southwesterly 10 feet of Lot 3, Block 1,
GLEASON FIFTH ADDITION, and Outlot By VIKING HILLS 4TH ADDITION, City
of Edina, Hennepin County, Minnesota
and
Parcel B: That part of the following described property: Outlot By and
the Southwesterly 10 feet of Lot 3, Block 1, GLEASON FIFTH ADDITION, and
Outlot By VIKING HILLS 4TH ADDITION, City of Edina, Hennepin County,
Minnesota which lies northeasterly of the southwesterly 50.00 feet thereof.
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 Ordinance
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 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 Kelly.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
APPEAL FROM BOARD OF APPEALS DECISION HEARD; VARIANCES GRANTED. Mr. Larsen
stated that the subject property is located at the northeast corner of West
70th Street and York Avenue South, is zoned Planned Commercial District 3 and
is presently developed with studios for KMSP-TV.
setback variance, a 7 stall parking variance and a one unit quantity variance
to install an additional satellite dish antenna.
that non-residential properties are permitted a maximum of two satellite dish
antennas. Currently two satellite dish antennas are located to the north of the
building.
District must be located 50 feet from property lines.
is 20 feet from the east property line and 10 feet from the north property line,
similar to that of the two existing units which are non-conforming.
Ordinance requires that 87 parking stalls be provided on the site. Currently
82 parking stalls exist, subject to a variance that was granted in 1982 when
the present satellite dish antennas were added. The proposed additional dish
antenna would occupy two parking stalls from the site.
several surveys of the parking and has.found on the average 17 vacant parking
stalls on the site during the working day. Staff recommended approval of the
three requested variances for the following reasons. 1) KMSP-TV's use of the
station and studio was unique and not anticipated when the ordinance was drafted.
Because of their independent status they have a need to receive various types
of programming which necessitates the use of various antenna dishes.
has found that other television stations in the metropolitan area have between
one and five satellite dishs on site. 2) There does exist surplus parking on
the site and if KMSP-TV were to move and a different office use would occupy
the site they would remove the.dishes and restore the parking stalls to the
original count.
size and screening should minimize any visual impact.
the Board of Appeals heard the subject variance request on May 15, 1986.
Board denied the variance request and requested the proponent appeal their
decision to the City Council due to the large variance request, the unique
circumstances, and their inexperience with the new Antenna Ordinance. He
noted that Stuart Swartz, Vice President and General Manager of KMSP-TV
present to explain the need for the additional antenna.
The request is for a 40 foot
The Antenna Ordinance specifies
The ordinance also specifies that dish antennas within the PC-3
The proposed location
The Zoning
Staff has conducted
Staff
3) The proposed location is also best and the relatively small
Mr. Larsen advised that
The
was
Mr. Swartz explained
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that the additional satellite dish antenna is needed to get information to
continue providing the prime time news to the public and would be their main
source. Satellite programming has changed and this is called a "K" band
which television stations are putting in throughout the country.
Courtney asked if in the future they would need a fourth satellite dish antenna.
Mr. Swartz replied that as of today technology does not show that a fourth one
would be needed.
Ordinance considers the site an office and that if they were to move from the
site they would remove the satellite dishes and would restore the property
to meet the ordinance requirements.
would go with this owner and what would happen if there was a change of
ownership or change in use.
would go with the lot but the Council can grant the variance conditioned that
it be restricted to this user.
resolution and moved its adoption:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it
hereby grants a 40 foot setback variance, a 7 stall parking variance and a
one unit quantity variance to KMSP-TV to install an additional satellite
dish antenna, with these conditions: 1) that the variance be restricted to
the present owner and 2) that KMSP-TV restore the parking area to meet ordinance
requirements if and when they vacate the site.
Motion for adoption of the resolution was seconded by Member Bredesen.
Mayor
He said they had empathy with the fact that the Zoning
Member Turner asked if the variance
Attorney Erickson responded that the variance
Member Kelly then introduced the following
RE SOLUTION
.-
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
.. .
HEARING DATE SET FOR LOT DIVISION REQUEST FOR 4720 TJEST 66TH STREET.
recommended by staff, Member Bredesen's motion was seconded by Member Turner
setting June 16, 1986 as hearing date for the lot division request for the
property at 4720 West 66th Street.
As
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
BID ATJARDED FOR PUBLIC IMPROmENTS 88-375, WM-360, ST.S.-180 AND C-144 FOR
DEARBORN COURT (CONTRACT 186-4).
Sanitary Sewer, Watermain, Storm Sewer and Grading and Graveling for Dearborn
Court as follows:
Mr. Rosland presented tabulation of bids for
- ..
L-
Motion of Member Bredesen was seconded by Member Turner for award of bid to
recommended low bidder, Hydrocon, Inc., at $50,338.90.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
BID AWARDED FOR ASPHALT ROLLER.
one asphalt roller (with trade-in of old roller) showing Road Machinery & Supply
at $11,423.00 (Beuthling), Rufferidge Johnson at $11,670.00 (Rosco) and Road
Machinery & Supply at $21,500.00 (Dynapac). Motion of Member Bredesen was
seconded by Member Turner for award of bid to recommended low bidder, Road
Machinery & Supply at $11,423.00 (Beuthling).
Mr. Rosland presented tabulation of bids for
t.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
GUIDELINES OF HRC FOR FUNDING REQUESTS APPROVED.
Human Relations Commission presented proposed guidelines which the HRC has
developed for reviewing requests for City funding of human service programs.
The guidelines will implement the review process and will insure that the HRC
receives consistent information from each organization so that it can brief
the Council on each proposal during the upcoming budget meetings.
Member Turner was seconded by Member Bredesen to approve the guidelines as
presented for use by the Human Relations Commission.
Geoffrey Working, Chair of the
Motion of
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
.
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BUDGET REQUEST PRESENTED FOR EDINA CENTENNIAL IN 1988.
the Edina Centennial Commission presented background information on the develop-
ment of the Commission since 1983 when the Council gave direction to The Edina
Foundation to begin plans to celebrate the City's Centennial in 1988. In the
fall of 1985 the Foundation appointed Kay Bach and Betty Hemstad as Co-Chairs
of the Commission and Donna Skagerberg was appointed from the Edina Historical
Society to be their coordinator.
and the business community a group of 42 members were selected to serve on
the Commission to insure broad representation for the City.
Commission is involved in at least one aspect of the Centennial celebration.
The Commission members have discussed organization, goals, how to celebrate
the Centennial year and how to manage expenses and possible profits from events.
A decision was reached that the Commission should ask for support from the City
and that any profits that might be made would go back to the City.
noted that the Foundation will hold their annual Edinamite event as in the past
and will also sponsor the sale of memorabilia; the Historical Society plans to
have a historic calendar to raise money for their organization, and it is
anticipated that a number of community organizations will want to fund and have
their own projects to raise money. She then explained the sub-organization
of the Commission, sub-committees and representatives of various organizations
and how those organizations would function under the Commission's umbrella.
The goal for the Centennial is to "Relect on the Past, Celebrate the Present
and Look to the Future."
for each month of the Centennial year and reported on the winner of the logo
contest. Dennis Maetzold, treasurer then presented a preliminary budget for
the Edina Centennial showing expenses for 1986-87-88 for supporting functions
and monthly activities with anticipated income. The total estimate for 1986'
is $3,000, for 1987 $53,500 and for 1988 $46,500. Estimated income was shown
as $28,000 with a total estimated.expense of $75,000. Mr. Maetzold noted
that would be before contributions and other funding from businesses, indivi-
duals and from the City.
Council in August.1aying out a program for the funding.
the Commission is requesting funding for 1986 expenses of $3,000.
Kelly made a motion to approve the City's funding of $3,000 for 1986 expenses
for the Centennial.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
Kay Bach, Co-Chair of
Following input from various organizations
Each member of the
Mrs. Bach
Betty Hemstad then presented an overview of activities
A formal budget request will be presented to the
At this time, however,
Member
Motion was seconded by Member Turner.
Member Bredesen complimented the Commission for their work and imagination
so far, but added that the leaner the formal budget request the more likely
the City will be able to support that.
would appreciate action by the Council affirming its support, both philosophi-
cally and for funding.
was generally agreed that the Council supports celebrating the Centennial on
the scale presented but that they could make no definite budget commitment at
this time. Mr. Rosland pointed out that the expenses would have to be split
over a three year budgeting process.
BLOOMINGTON/HOMART ROAD PROJECT DISCUSSED.
that the City of Bloomington had written a letter requesting Edina's partici-
pation in the construction of 77th Street along the common boundary west of
France Avenue in conjunction with the Homart project. At the meeting of May 5
the Council had discussed two issues: 1) the construction of West 77th Street
and 2) the east-west link road to Parklawn Avenue as requested by National Car
Rental.
Bloomington and told them of the Council's comments. The Council's direction
was to ask National Car Rental if they would be willing to pay for a portion
of the east-west link if and when the City would build it with the intent
that an agreement would be reached before Council gave final approval of the
plans for construction of West 77th Street. Mr. Hoffman said that in meeting
with the City Manager and Public Works Director of Bloomington that he had
suggested a split of the cost of approximately $400,000 - 75% Bloomington and
25% Edina, if Edina elected to participate at all. The cost then would be
assessed against abutting property which in this case is National Car Rental.
National Car has indicated that they are willing to pay something for better
access to France Avenue but are not willing to pay anything toward construct-
ion of the link road as that would benefit the Pentagon Office Park tenants.
Mr. Hoffman also recalled that the Council had indicated that before consider-
ing construction of the link road that an analysis of traffic should be made
regarding this.
should be postponed for several years and then reviewed as to need.
construction of West 77th Street, he pointed out that we would need to
execute a joint powers agreement with Bloomingtdn, that Bloomington has
completed the final plans for West 77th Street and that he would probably
bring back the cost figures at the next Council meeting.
Mrs. Bach commented that the Commission
Discussion of the issue of funding followed and it
No formal action was taken.
Fran Hoffman, Engineer, recalled
He reported that he has met with National Car Rental and also with
He suggested that any consideration of the link road project
As to
No action was taken.
152
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6/2/86
TE GIVEN ON 1-494 CORRIDOR STUDY. Member Turner gave an update on the
second meeting of the 1-494 Project Management Team summarized as follows.
Mayor Gary Peterson, Eden Prairie, was elected chairman; BRW, Inc. has been
selected as consultant for the project; public involvement process will include
press released by the Metropolitan Council's Public Information office; next
meeting will include a bus tour of the corridor and that Craig Larson has been
appointed as alternate for Edina.
inventory of land uses in the cities affected and that information should be
available about July 1.
Council will need to pursue the TAZ question raised at the last Council meeting.
No action was taken.
The Land-Use Committee is working on an
Member Turner added.that the Planning Commission and
WINE LICENSING PROCEDURE DISCUSSED; REVISED PROCEDURE APPROVED. Mr. Rosland
stated that he and ChieE Craig Swanson have developed a revised procedure for
the processing of On Sale Wine License applications as directed by the Council
at its meeting of May 19. Mr. Swanson commented that at that meeting, there
did not seem to be support for a financial background investigation of wine
license applicants and it appeared that an affidavit review process would be
a sufficient standard to determine if issuance of a license is in the public
interest. The following process is suggested: - Applicants should submit the modified Edina application forms that are
not expanded beyond the scope of the State of Minnesota "Application
for City On-sale Wine License."
Applicants should submit City-furnished affidavits reflecting compliance
with laws of the State of Minnesota governing the taxation and sale of
of intoxicating liquor, the rules and regulations promulgated by the
Liquor Control Commissioner and ordinances of the City of Edina.
Applicants should submit an affidavit provided by the City from a
Certified Public Accountant that reflects the fact that a review or
audit has been conducted within the 12-month period prior to application.
.-
-
Mr. Swanson added that a second part to this process could be included if certain
facts deem it necessary. That second part would reserve the right of the Council
to order an expanded investigation if, during the application process, irregular-
ities, inconsistencies, law violations or other information not supportive to
the issuance of a license is discovered. This action could be the result of
police or citizen input and would allow the Council to address each applicant
on an individual basis. Graphics were presented showing the information that
would be sworn to in the affidavits.
open to any risks with this procedure. Mr. Swanson responded that there is a
risk in using the affidavit process in that for purposes of expediency or
ignorance of the law or changes in the law people may sign an affidavit without
intentially making a mistake that bridges the process. In the original process
the City asked for documentation that would let us make the decision rather
than by affidavit of the applicant. Although he prefers the original process,
Mr. Swanson said that the revised procedure appears to be legal and would make
the process expedient.. Member Kelly then made a motion to adopt the revised
wine licensing procedure as presented.
Member Turner asked if the City would be
Motion was seconded by Member Turner.
.Ayes: Kelly, Turner, Courtney
Nays: Bredesen
Motion carried.
Member Bredesen commented that he did not view the selling of wine as a right,
and that as to the licensing process he did not favor loosening it as it would
be very difficult to tighten it again.
Mr. Rosland reminded the Council that several holders of wine licenses have
raised questions as to ordinance intent and that the questions have been referred
to the City Attorney for comment: 1) Can a wine licensee serve wine to a person
ordering only appetizer items from a menu rather than an entree or sandwich
as specified in Ordinance No. 902, Sec. 1 and Sec. 40(a)? 2) Can a wine licensee
serve wine to a customer during the period of time prior to the placing of the
food order?
physically on the premise at all times? 4) Can a wine licensee serve samples
of wine (approx. 1 ounce), free of charge, for promotional purposes? 5) Can
an 18-year-old waiterjwaitress serve wine even though the ordinance precludes
them from possessing such a beverage?
regard to question #5 Chapter 330 of the 1986 Legislature will clarify the
point and will make two amendments to the ordinance necessary, one being to
change the state established legal drinking age to 21 (effective September 1,
1986) and the other being to change Sec. 30(e) (again effective not later than
September 1, 1986) to provide that 18, 19 and 20 year olds may work in the
licensed premises, including the service of wine. Member Turner commented
that she did not see any reason for interpreting the ordinance other than
literally for questions fl through #4 and suggested that the ordinance only
be amended with respect to question #5 to comply with state legislation.
Members Bredesen and Kelly voiced their agreement.
3) Does the manager of a wine licensed establishment need be
Attorney Erickson pointed out that with
Member Turner then moved
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153
that in response to questions #1 through 114 no ordinance changes be made and
staff be directed to draft an amendment to comply with state legislation by
changing the legal drinking age to 21 years effective September 1, 1986 and
to provide that 18, 19 and 20 year olds.may work in the licensed premises,
including the service of wine. Motion was seconded by Member Bredesen.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
ON-SALE WINE LICENSE RENEWALS APPROVED FOR EMPRESS, SZECHUAN STAR AND GOOD EARTH
RESTAURANTS.
tions for the Empress, Szechuan Star and Good Earth restaurants have been investi-
gated by the Police, Health and Planning Departments and that renewal of these
on-sale wine licenses is recommended conditioned upon approval by the State of
Minnesota.
to the Empress, Szechuan Star and Good Earth restaurants, conditioned upon approval
by the State of Minnesota.
Mr. Rosland stated that the on-sale wine license renewal applica-
Member Kelly made a motion to approve renewal of on-sale wine licenses
Motion for approval was seconded by Member Bredesen.
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
RENEWAL OF CLUB LIQUOR LICENSES APPROVED.
cations for renewal of Club On-sale and Sunday Liquor Licenses have been investi-
gated by the Police Department and approved.
upon approval by the State of Minnesota. Motion of Member Kelly was seconded
by Member Turner approving issuance of Club On-sale and Sunday Liquor License
renewals for the Edina Country Club and the Interlachen Country Club.
Mr. Rosland stated that the appli-
Renewal is recommended conditioned
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
FOOD ESTABLISHMENT LICENSE REVOKED FOR GIM LOON CHOW MEIN RESTAURANT. Mr. Rosland
referred to the memorandum dated May 29, 1986, from David Velde, City Sanitarian,
in which he requested the Council to consider revocation of the restaurant's
Food Establishment License because continued operation under the present owner-
ship presents a threat and danger to those members of the public who choose to
purchase and consume food prepared in this establishment.
tion for the requested action were: l) City of Edina Department of Health Staff
Report dated June 2, 1986, 2) Document A - Class List Food Production Clinic,
October 16, 17, 1984 Crystal, 3) Document B - Letter dated July 11, 1985 to
Gim Loong Chow Mein, and 4) Document C - Letter from O.P. Snyder, Jr., Hospital-
ity Institute of Technology & Management.
been working over the past two years with the restaurant owner to improve the
food handling procedures but the efforts have been unsuccessful,
stated that the Health Department's main concern is with procedures in the
handling of the food from preparation to serving.
to an establishment, equipment can be replaced and some cleaning can be done
and that helps but the critical point is how food is prepared, handled, stored
and reheated. The Department does not feel that the owner is committed to
implementing safe food handling procedures for this restaurant.
support of keeping the restaurant open were two employees and Nghe Vinh Tran,
the owner. Member Turner stated the Council has to be concerned about the
health of the citizens and from documentation by the Health Department she
would have to support the staff's recommendation.
because there have been too many offenses.
provided for a probationary period.
authority of the Council is to ignore the recommendations of staff or to
suspend the license on conditions or to revoke the license. Member Bredesen
said that because of the violations have taken place over an extended period
of time he did not feel a probationary periodwould be prudent and that their
intent to improve their procedures have not solved the problem.
then made a motion to revoke the Food Establishment License for the Gim Loong
Chow Mein'Restaurant effective immediately based on the Staff Report of June 2,
1986 and supporting documents.
Supporting documenta-
Mr. Rosland submitted that sfaff has
Mr. Velde
Physical changes can be made
Speaking in
Member Kelly said she agreed
Member Turner asked if the ordinance
Attorney Erickson responded that the
Member Turner
Motion was seconded by Member Bredesen.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
License revoked.
1986 CONTRACT PROPOSALS FOR IAFF 1275 APPROVED. Mr. Rosland advised that the
following items represent a proposed settlement of the labor agreement between
IAFF 1275 and the City'for the contract period of 1986: 1) Salary - 5% increase
in wages, 2) Supplemental pay for fire motor operators and inspectors shall be
6% of the top firefighter pay, 3) Insurance - increase employer contribution
for dependent health coverage to $165, 4) Shift exchange - all exchanges must
be made up within 12 months from the date on which the exchange is made, and
5) Floating holidays - employees who are not actively employed with the City
12 months in any calendar year shall be granted floating holidays in accordance
with Article 20.3 on a pro-rated ratio of one day for every three months of
.
6/2/86 .
service or portion thereof.
proposals.
the 1986 Contract Proposals for IAFF 1275 as presented.
Staff would recommend approval of the contract
tiotion of Member Turner was seconded by Member Kelly approving
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
FINAL PLAN APPROVED FOR CONSTRUCTION OF I?. 50TH STREET, WOODDALE AND UTLEY
PARKING LOTS, WOODDALE PARK, SANITARY SEWER REPAIRS, WATERMAIN REVISIONS; BIDS
TO BE TAKEN. Engineer Fran Hoffman advised that the Minnesota Department of
Transportation has completed review and approval of the plans for construct-
ion of West 50th Street from T.H. 100 to Edina Court. It is recommended that
the Council give final approval to the plans, order the project and authorize
that bids be taken for the project.
engineering were presented as follows, including source of funding:
Final estimated construction costs including
Improvement No. Location
BA-264 West 50th Street
cost Funding
$1,008,329.72 State Aid
P-16 Wooddale Parking Lot 26i983.43 Assessed '
P-17 Utley Parking Lot 40,561.14 Assessed
NSP Lighting Both Parking Lots 13,200.00 Assessed
86-P-2 Wooddale Park 83,433.34 General Park Fund
SS-276 Sanitary Sewer Repairs 23,658.32 Utility Fund
WM-361 Watermain Revisions 98,810.88 Utility Fund
NSP Relocation of Overhead Lines to 68,500.00 General Construct-
Underground on West 50th Street ion Fund
- Estimated Grand Total $1,363,476.83
Mr. Hoffman explained that the roadway construction will start by approximately
June 20, 1986, and presented a graphic showing the plans for construction and
the detours that are planned during the.construction period. The section east
of Wooddale should be completed within a month after start of construction and
the portion from Eden Avenue to Wooddale Avenue will be closed approximately
2 to 2% months. Access will be kept open to either Dale Drive or Sunnyslope
Road throughout the project. Mr. Hoffman noted that Edina residents who are
familiar with other city streets will use those to move about the community and
that there will be additional traffic in some neighborhoods. Letters will be
sent to affected residents explaining the detours and ingresslegress to their
areas. No comment being heard, Member Bredesen introduced the following resolu-
tions and moved their adoption:
BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly mailed to owners of each parcel
within the affected area on the following proposed improvements:
.
RESOLUTION ORDERING IMPROVEMENTS
1. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-264 IN THE FOLLOWING:
2. CONSTRUCTION OF PARK IMPROVEMENT NO. 86-P-2
3. CONSTRUCTION OF SANITARY SETJER IMPROVEMENT NO. SS-376 .
4. CONSTRUCTION OF WATERMAIN REPLACEMENT AND ADDITIONS IMPROVEMENT NO. WM-361
West 50th Street from Dale Avenue to Edina Court
Wooddale Park - Northwest Corner of 50th Street.and Wooddale Avenue
West 50th Street from Dale Drive to Edina Court
West 50th Street from Dale Drive to East line of Edina Court; France Avenue
from West 49% Street to W. 49th Street; Hydrant Replacements - Bruce, Arden,
Maple Road and Indianola Avenue
and at the hearing held at the time and place specified in said notice, the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts, does hereby determine to proceed with the
construction of said improvement including all proceedings which may be necessary
in eminent domain for the acquisition of necessary easements and rights for con-
struction and maintenance of such improvements; that said improvements are hereby
designated and shall be referred to in all subsequent proceedings as:
STREET IMPROVEMENT NO. BA-264
PARK IMPROVEMENT NO. 86-P-2
SANITARY SEWER IMPROVEMENT NO. SS-376
WATERMAIN REPLACEMENT AND ADDITIONS IMPROVEMENT NO. WM-361
cost of which shall be paid from Municipal State Aid Funds, General Park Fund,
Utility Fund and General Construction Fund.
RESOLUTION ORDERING IMPROVEMENTS
BE IT RESOLVED by the Council of the City of Edina, Minnesota, as.follows:
1.
executed by and between the City of Edina and The Church of St. Stephen The Martyr
for the construction of (i) a public parking lot on the property owned by the City
and known as Utley Park; (ii) a public parking lot on the.property owned by the
City and known as the former Wooddale School Site; (iii) two parking bays on
West 50th Street, one west of, and one east of, Wooddale Avenue; (iv) lighting
for the two parking lots; (v) paths from the parking lot in Utley Park to the
public streets; (vi) an above ground electrical transformer to provide under-
ground electrical service to the property of the Church from the underground
electrical system in West 50th Street; and (vii) striping of the Parking Lots,
It is hereby found and determined that an Assessment Agreement has been
155
and said agreement provides for the assessment of the entire cost against the
property of said The Church of St. Stephen The Martyr.
2. The making of said improvement in accordance with said Assessment Agreement
is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session
Laws of 1961, Chapter 525, Section 2). Said improvements are hereby designated
and shall be referred to in all subsequent proceedings as WOODDALE PARKING LOT
IMPROVEMENT NO. P-16 and UTLEY PARKING LOT IMPROVEMENT NO. P-17. The entire
cost of said improvements is hereby ordered to be assessed against the property
of The Church of St. Stephen The Martyr described on Exhibit A attached to the
Assessment Agreement.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND
DIRECTING ADVERTISEMENT FOR BIDS
FOR IMPROVEMENT NOS. BA-264, WM-361, SS-376
AND ,86-P2 , P-16 , P-17
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.
Bulletin the following notice of bids for improvements:
The Clerk shall cause to be published in the Edina Sun and Construction
(Official Publication)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55424
HENNEPIN COUNTY, MINNESOTA
86-P2, P-16, P-17
BIDS CLOSE JUNE 12, 1986
SEALED BIDS will be received and opened in the Council Chambers in Edina
The Edina City Council will meet at 7:OO P.M., Monday, June .16, 1986 to
consider said bids.
:City Hall, 4801 W. 50th Street at 11:OO A.M., Thursday, June 12, 1986.
The following are approximate major quantities:
16 , 750
32,550
.. 24,460
1,400
27 , 100
10,390
' 235
9,800
2,680,
6,200
Tons Bituminous Paving
C/Y Excavation
Tons Aggregate Base SA
L/F Storm Sewer 8-18"
S/F Concrete Sidewalk
L/F Concrete Curb and Gutter
Each, Trees and Shrubs
S/Y Sod
L/F 8, 6 and 4" Watermain
S/F Wood and Stone Walls
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, Minnesota 55424, and may be
mailed or submitted personally to the City Engineer.
the City Engineer either through the mail or by personal submission,
after the time set for receiving them may be returned unopened.
Work must be done as described in plans and specifications on file in the
office of the City Clerk.
deposit of $25.00 (by check). Said deposit to be returned upon return of
the plans -and specifications with a bona fide bid. No bids will be con-
sidered unless sealed and accompanied by bid bond or certified check pay-
able to the City Clerk in the amount of at least ten (10) percent of all
bids. All plans mailed, enclose separate check for $5.00 payable to the
City of Edina . for . postage -_ and handling.
Bids received by
Plans and specifications are available for a
BY ORDER OF THE EDINA CITY COUNCIL.
Marcella M. Daehn, City Clerk
Motion for adoption of the resolutions was seconded by Member Kelly.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolutions adopted.
6/2/86
HEARING DATE SET FOR FRANCE AVENUE IMPROVEMENT.
Member Bredesen's motion was seconded by Member Turner setting June 16, 1986
as hearing date for final plan approval for the France Avenue Improvement
pro j ect .
As recommended by Mr. Hoffman,
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
MASSAGE ORDINANCE NO. 1353 DISCUSSED; AMENDMENT TO BE DRAFTED. Mr. Rosland
stated that in response to Council's comments at the May 19, 1986 meeting with
regard to the massage ordinance requirements that he has meet with staff and
the City Attorney to determine what kinds of changes might be made in the
ordinance to better accommodate legitimate enterprises and yet retain control
over those that might be problems for the City.
to the ordinance will allow legitimate businesses to be licensed and operate
without endangering the morals, health, safety and welfare of the community:
1) Investigation Fees - Presently are $50.00 for an individual and $1,500 for
a business no part of either is refundable.
any part of the inve'stigation fee not used be refunded.
Presently $50 for an individual and $3,000 for a business.
to reduce the business license fee to $200 which would more closely relate to
the cost of issuing and enforcing the license and related regulations.
business licenses for massage parlors to Regional Nedical Districts as estab-
lished by the Ed-ina Zoning Ordinance.
males from massaging female patrons and vice versa.
pointed out that the ordinance also provides an exemption from the business
license requirements where the annual gross revenue from such massage services
is less than 25% of the total annual gross revenue of the business.
this the applicant must give an affidavit to that effect to the City Clerk and
also a copy of the financial statement for the business.
a natural reluctance to furnish their financial statements.
it is suggested that is the applicant desires not to provide a financial state-
ment that the City be given a certification by a certified public accountant
-that the annual gross revenue of the business from massage services is less than
25% of its total annual gross revenue. Mr. Rosland added that with these
changes the City could still actively discourage any illigitimate massage
parlors.
done relating to massage is through the vice laws as opposed to trying to
administer the license.
approach that is fair, protects the City, and that the reduced fees reflect
the philosophy of fees covering the cost of licensing and enforcement.
Turner then made a motion that staff be directed to draft an amendment to
Ordinance No. 1353 reflecting these proposed changes.
Member Kelly.
The following possible changes
Proposed change would provide that
2) License Fees -
Proposed change is
3) Limit
Delete the requirement that prohibits 4)
Mr. Rosland further
To evidence
The businesses have
In lieu thereof,
Chief Craig Swanson stated that presently most of the enforcement
Member Turner commented that she felt this is a good
Member
Motion was seconded by
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
PARKING OF CARS BY CANOEISTS AT BROWNDALE BRIDGE NOTED. Member Bredesen said
that in increasing numbers canoeists who are using Minnehaha Creek park their
cars at the Browndale Bridge on the west side which greatly inconveniences
the residents in that area as well as presenting a traffic hazard and asked
that the staff try to resolve the problem. Mr. Rosland said that some type
of posting could be made directing them to the parking available in Utley.
Park.
SPECIAL COUNCIL MEETINGS SCHEDULED. Mr. Rosland reminded the Council Members
of the following scheduled special sessions: 1)
the Service Levels Survey and discussion of role of the Council with surround-
ing communities, and 2)
a consent agenda for council meetings.
Monday, June 9 - Report on
Monday, July 14 - Discussion of service levels and
HEARING DATE SET FOR VACATION OF PORTION OF VIRGINIA AVENUE. Mr. Rosland
advised that a petition has been received for vacation of a portion of Virginia
Avenue and staff recommends a hearing date be set for July 7, 1986.
Kelly introduced the following resolution and moved its adoption:
Member
RESOLUTION CALLING PUBLIC HEARING ON
VACATION OF PORTION OF VIRGINIA AVENUE
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne-
sota as follows:
1.
street purposes should be considered for vacation, in accordance with the provi-
sions of Minnesota Statutes, Sections 412.851 and 160.29:
It is hereby found and determined that the following described easement for
That part of Virginia Avenue lying North of the easterly extension of
the south line of Lot 5, Block 19, NORMANDALE, according the recorded
plat thereof, Hennepin County, Minnesota, lying south of the easterly
extension of the north line of Lot 4, said Block 19 and lying south-
westerly of the following described line:
6/2/86
157
m I:
Commencing at the northeast corner of Lot 4, Block 1, NORMANDALE-
WICKLUND REPLAT, according to the recorded plat thereof, Hennepin
County, Minnesota; thence south along the east line of Lot 4, said
Block 1, a distance of 20.65 feet, plus or minus, to the point of
beginning of the line to be described at a point on said east line
distant 69.35 north of the southeast corner of said Lot 4, said
Block 1, thence southeasterly along a tangential curve to the left
having a radius of 194.00 feet and a central angle of 45 degrees
00 minutes 00 seconds, a distance of 156.29 feet; thence southeasterly,
tangent to said curve, a distance of 2.44 feet to the east line of said
Virginia Avenue, and said line there terminating.
2.
notice included in paragraph 3 hereof for the purpose of holding a public hearing
on whether such vacation shall be made in the interest of the public.
3) The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun, being the official newspaper of the City, the first publication at least
14 days prior to the date of such hearing and to post such notice, at least
14 days prior to the date of such hearing, in at least three (3) public and con-
spicuous places within the City, as provided in Minnesota Statutes, Section
412.851. Such notice shall be in substantially the following form:
This Council shall meet at the time and place specified in the form of
(Official Publication)
CITY OF EDINA
4801 W. 50th Street
Edina, Minnesota 55424
NOTICE OF PUBLIC HEARING
ON VACATION OF EASEMENT FOR STREET PURPOSES
IN THE CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street on
July 7, 1986, at 7:OO p.m., for the purpose of holding a public hearing on
the proposed vacation of the following street:
(Legal description as included in paragraph 1. of this resolution)
All persons who desire to be heard with respect to the question of whether or
not the above proposed street vacation is in the public interest and should
be made shall be heard at said time and place. The Council shall consider the
extent to which such proposed street vacation affects existing easements within
the area of the proposed vacation and the extent to which the vacation affects
the authority of any person, corporation, or municipality owning or controlling
electric or telephone poles and lines, gas and sewer lines, or 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, for
the purpose of specifying, in any such vacation resolution, the extent to which
any or all of any such easements, and such authority to maintain, and to enter
upon the area of the proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL.
Motion for adoption of the resolution was seconded by Member Bredesen.
Marcella M. Daehn, City Clerk
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
SECOND READING OF ORDINANCE NO. 825-A10
GENERATORS, A.C. COMPRESSORS, PLAYGROUND EQUIPMENT AND HEIGHT RESTRICTIONS FOR
WIND GENERATORS AND SOLAR COLLECTORS NOT GRANTED.
nance No. 825-A10 for Second Reading as follows and moved its adoption:
(ADDING LOCATION REQUIREMENTS FOR POWER
Member Kelly offered Ordi-
ORDINANCE NO. 825-A10
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY ADDING LOCATION REQUIREMENTS FOR EMERGENCY POWER
EQUIPMENT AND HEIGHT RESTRICTIONS FOR WIND GENERATORS
AND SOLAR COLLECTORS
GENERATORS, AIR CONDITIONING COMPRESSORS AND PLAYGROUND
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS:
is hereby amended by adding the following thereto:
Section 1. Section 11, Paragraph F, Subparagraph 3, of Ordinance No. 825
"(c) wind generators and solar collectors 30 feet or' the height
of the principal structure,
whichever is less"
Sec. 2. Section 11, Parzgraph G, of Ordinance No. 825 is hereby amended by
adding the following thereto:
6/2/86
158
"8. Emergency power generators, air conditioning compressors, and play-
ground equipment, shall be located only in the rear yard."
Sec. 3.
and publication.
Motion for adoption of the ordinance was seconded by Member Bredesen.
This ordinance shall be in full force and effect upon its passage
Rollcall :
Ayes: Bredesen, Kelly, Courtney
Nays: Turner
Second Reading not granted.
ORDINANCE NO. 1001-A4 (REGARDING OPERATION OF CERTAIN VEHICLES OR DEVICES IN
DESIGNATED AREAS) ADOPTED ON SECOND READING. Member Kelly offered Ordinance
No. 1001-A4 for Second Reading as follows and moved its adoption: .
ORDINANCE NO. 1001-A4
AN ORDINANCE AMENDING ORDINANCE NO. 1001
MAKING IT A MISDEMEANOR TO OPERATE CERTAIN
VEHICLES OR DEVICES IN DESIGNATED AREAS OF THE CITY
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
section :
No skateboards, roller skates, unlicensed bicycles, scooters or similar vehicles
and devices shali be used or operated on, in, over or across any public parking
ramp, public street, public sidewalk, or other publicly owned or controlled
property, in the following designated areas of the City:
Section 1.
"Sec. 20.
Ordinance No. 1001.i~ amended by addition of the following
Operation of Certain Devices in Designated Areas of the City.
a. 50th and France:
West 49% Street on the North (including the public sidewalks and parking
lots on the North side of West 49% Street), Halifax Avenue on the West
(including the public sidewalks on the West side of Halifax Avenue) and
by West 51st Street on the South (including the public sidewalks on the
Southerly side of West 51st Street)."
. Sec. 2. This ordinance shall be in full force and effect upon its passage
and publication.
Motion for adoption of the ordinance was seconded by Member Bredesen. .
the area bounded by France Avenue on the East,
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Ordinance adopted.
ATTEST :
%&%U
City Clerk
RESOLUTION ADOPTED ESTABLISHING NEW VOTING PRECINCT NO. 20 AND DESIGNATING
POLLING PLACES.
the following resolution and moved its adoption:
. As recommended by the City Clerk, Member Bredesen introduced
RESOLUTION
BE IT RESOLVED by the Edina City Council that Precinct 15 be and is hereby
divided into Precinct 15 and 20, and that the common boundary between
Precinct 15 and 10 be realigned.to follow physical features, said precincts
being described as follows:
.
Precinct 15 - Commencing at the West City boundary and the centerline of
Valley View Road; thence southerly along the West City boundary to the
South City boundary; thence easterly along the South City boundary to the
'centerline of Cecilia Circle; thence northerly along the centerline of Cecilia
Circle to the intersection of West 78th Street and continuing northerly along
the centerline of Delaney Boulevard to the centerline of Dewey Hill Road; thence
westerly along the centerline of Dewey Hill Road to the centerline of Shannon
Drive; thence northerly along the centerline of Shannon Drive to the centerline
of Kemrich Drive; thence easterly along the centerline of Kemrich Drive to the
centerline of Lanham Lane; thence northerly, westerly and northerly along the
centerline of Lanham Lane to the centerline of West 70th Street; thence
Antrim Road; thence northerly along the centerline of Antrim Road to the
centerline of Valley View Road; thence westerly, southwesterly and southerly
along the centerline of Valiley View Road to the centerline of Braemar
Boulevard; thence southerly along the centerline of Braemar Boulevard to
the centerline of Ikola Way; thence westerly along the centerline of Ikola
Way to the centerline of the frontage road paralleling County Road 18; thence
northerly along the centerline of the frontage road paralleling County Road 18
to the centerline of Valley View Road; thence westerly along the centerline
of Valley View Road to the point of beginning.
I
.westerly along the centerline of West 70th Street to the centerline of
6/2/86
159
Precinct 20 - Commencing at the centerlines of West 70th Street and Lanham
Lane; thence southerly, easterly and southerly along the centerline of Lanham
Lane to the centerline of Kemrich Drive; thence westerly along the centerline
of Kemrich Drive to the centerline of Shannon Drive; thence southerly along
the centerline of Shannon Drive to the centerline of Dewey Hill Road; thence
easterly along the centerline of Dewey Hill Road to the centerline of Delaney
‘Boulevard; thence southerly and southeasterly along the centerline of Delaney
Boulevard to the intersection of West 78th Street and continuing southerly
along the centerline of Cecilia Circle to the South City boundary; thence
easterly along the South City boundary to the centerline of T.H. 100; thence
northerly along the centerline of T.H. 100 to the centerline of West 70th
Street; thence westerly along the centerline of West 70th Street to the point
of beginning.
Precinct 10 - Commencing at the West City boundary and the centerline of County
Road 62; thence southerly along the West City boundary to the centerline of
Valley View Road; thence easterly along the centerline of Valley View Road
to the centerline of the frontage road paralleling County Road 18; thence
southerly along the centerline of the frontage road paralleling County Road 18
to the centerline of Ikola Way; thence easterly along the centerline of Ikola .
Way to the centerline of Braemar Boulevard; thence northerly along the center-
line of Braemar Boulevard to the centerline of Valley View Road; thence
northeasterly, northerly, northeasterly and easterly along the centerline of
Valley View Road to the centerline of Antrim Road; thence southerly along the
centerline of Antrim Road to the ‘centerline of West 70th Street; thence
easterly along the centerline of West 70th Street to the centerline of Tracy
Avenue; thence norcherly along the centerline of Tracy Avenue to the center-
line of West 66th Street; thence westerly along the centerline of West 66th
Street to the centerline of Valley View Road; thence northerly along the
centerline of Valley View Road to the centerline of County Road 62; thence
westerly along the centerline of County Road 62 to the point of beginning.
’
b m
UI) Iz: a a .
BE IT FURTHER RESOLVED that the polling place for Precinct 15 shall remain at
Valley View Junior High School, that the polling place for Precinct 20 shall
be Wooddale Montessori School (formerly Cahill), that the polling place for
Precinct 11 shall be changed to Creek Valley Baptist Church and that the
polling place for Precinct 3 shall be Covenant Church of,Edina.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Bredesen, Kelly, Turner, Courtney
Resolution adopted.
CLAIMS PAID.
of the following claims as per pre-list of 6/2/86:
Revenue Sharing Fund $225,000.00, Working Capital Fund $522.04, Art Center
$2,542.87, Capital Fund $2,811.50, Swimming Pool Fund $1,507.45, Golf Course
Fund $31,883.72, Recreation Center Fund $20,114.48, Gun Range Fund $720.78,
Utility Fund $215,690.46, Liquor Dispensary Fund $87,941.44, Construction Fund
$70,045.45, IMP Bond Redemption #2 $260,386.25, Total $1,169,353.38.
Motion of Member Turner was seconded by Member Kelly for payment
General Fund $250,186.94,
Ayes: Bredesen, Kelly, Turner, Courtney
Motion carried.
There being no further business on the agenda, Mayor Courtney declared the
meeting adjourned at 9 :28 p .m.
City Clerk