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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. 6/2/86 149 I: m a 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 6/2/86 EO 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. . 6/2/86 151 Ln I: m Q: 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 UPD - 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 6/2/86 153 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