HomeMy WebLinkAbout19910401_regular52
MINUTES
OF THE REGUUR MEETING OF THE
EDIl'?A CITY COUNCIL HELD AT CITY HAIL.
APRIL 1, 1991
ROILCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith, Mayor
Richards.
CONSENT AGENDA ITEMS ADOPTED Motion
Member Rice to approve and adopt the
the exception of removal of items V.
Abut Tm Magazine.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith,
Motion carried.
was made by Member Kelly and was seconded by
Council Consent Agenda items as presented vith
G. Paper Supply and V. E. Agency Services -
Richards
*MINUTES OF THE REGUIAFt MEETING OF 3/4/91dPPROVED Motion vas made by Member
and was seconded by Member Rice to approve the Councilllinutes of the regular
meeting of Hiarch 4, 1991, as presented.
Motion carried on rollcall vote, five ayes.
UIT DIVISION APPROVED TO TRANSFER PROPERTY FROM C- LAKES PLAZA TO CLP
--8
Kelly
PARTNERS FOR RESTATJRANT OUTDOOR AREA In accordance with action taken by the ERA,
Member Smith introduced the following resolution and moved its adoption.
RESOLUTION
VHEaEbS, the folloving described tracts of land constitute various separate parcels:
OUTLOT D, SOUTH EDW DEVELOPHEKC ADDITION,
and
LOT 1, BIX)CK 3, SOUTH ED= DEVELOIlIENT ADDITION; I VHEaEdS, the owners of the above tracts of land desire to subdivide said tracts into
the following described new and separate parcels (herein called "Parcels"):
OuTulT D, SOUTH EDIl'?A DEVELOPMEN!F ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, except that part of OUTLOT D, SOUTH EDIHh
DEVELOPMENT ADDITION, described as follovs:
Commencing at a point in the westerly line of said OUTLOT D, said point
also being the most easterly corner in the southerly line of UIT 1, BLOCK 3,
said SOUTH EDIl'?A DEVEU)PMKKT ADDITION; thence on an assumed bearing of North
00 degrees 41~1inutes 01 seconds West along said vesterly line for 90.00 feet
to an angle point in said vesterly line; thence North 89 degrees 18 minutes 59
seconds East along said westerly line for 10.41 feet to an angle point in said
vesterly line; thence South 65 degrees 56 mlnutes 11 seconds East along said
westerly line for 42.00 feet to an angle point in said westerly line; thence
North 69 degrees 03 miwtes 49 seconds East along said vesterly line for 40.00
feet to an angle point in said westerly line; thence North 24 degrees 03
mintltes 49 seconds East along said westerly line for 0.47 feet to the actual
point of beginning; thence North 24 degrees 03 minutes 49 seconds East
continuing along said vesterly line for 44.53 feet to an angle point in said
vesterly line; thence North 20 degrees 56 minutes 11 seconds West along said
westerly line 18.84 feet; thence North 69 degrees 02 minutes 29 seconds East
for 4.50 feet: thence South 20 degrees 56 minutes 11 seconds East for 23.14
feet; thence southerly for 21.11 feet along a non-tangential curve concave to
the west, radius 149.00 feet and central angle 8 degrees 06 minutes 59
seconds, the chord of said curve bears South 18 degrees 27 minutes 16 seconds
West; thence South 22 degrees 30 minutes 45 seconds West for 14.46 feet;
thence southwesterly and westerly for 14.06 feet along a tangential curve
concave to the vest radius 9.00 feet and central angle 89 degrees 28 minutes,
45 seconds, to the point of beginning.
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4/1/91 53
and
LOT 1, BLOCK 3, SOUTH ED= DEVELX)P"T ADDITION, and that part of OUTLOT D,
SOUTH EDINA DEVELOPMENT ADDITION as described in above parcel.
WHEREAS, it has been determined that compliance w2th 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.
804 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. 804 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 nor 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.
Member Rice seconded the motion.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
PUBLIC HEARING CONDUCTED: YEAR XVII CDBG PROGRAM BUDGET APPROVED Affidavits of
Notice were presented by Clerk, approved and ordered placed on file.
due notice having been given, a public hearing was conducted on the Community
Development Block Grant (CDBG) Program for Year XVII.
Pursuant to
Planner Larsen stated that for Year XVII, Hennepin County has been allotted
$2,704,000.00; Edina's share is $149,973.00. Last year Edina received $134,116.00.
The proposed budget includes:
Household and Outside Maintenance for the Elderly (H.O.M.E.) $ 25,673
Day Care Subsidy 20,000
Single Family Rehabilitation 40,000
Removal of Architectural Barriers 41,300
Code Codification 20,000
Interpreter - Adaptive Recreation Programs 3,000
TOTAL $149,973
Planner Larsen explained that the first four projects represent the continuation of
on-going, multi-year projects. The last two projects are new this year. Funding
for code codification is a eligible use under the CDBG program for planning studies
and use of funds for one year for this purpose have been cleared by the county.
funds would supplement the $10,000 in the City budget for codification.
allocation for the Adaptive Recreation Programs would provide funding on a case-by-
case basis for the hiring of a sign language interpreter. The $3,000 amount should
cover the full year of funding.
I
The
The
The Human Relations Commission reviewed the budget proposals and concurred except
for the code codification funding. Planner Larsen had explained to the Human
Relations Commission, via letter, that certain planning and administrative projects,
such as code codification is deemed to aid community development and preserve viable
neighborhoods, which are basic goals of the CDBG program. This project is not
funded at the expense of other public service projects and other cities have used
CDBG funds for code codification.
allowed for service projects in the program, because other communities have spent
less than the allowed 15 percent.
Edina is able to spend over the percentage I
54 4/1/91
Member Kelly inquired if other requests for funding had been received and how those
are solicited. Planner Larsen said no other requests were received. Requests are
solicited by notice in the official newspaper, word-of-mouth and through the Human
Relations Commission. Member Kelly commented that including code codification is
difficult to understand, even though the funds would go back to the county if not
utilized.
Member Paulus questioned whether the Adaptive Recreation Interpreter funding would
be included in the Park and Recreation Budget next year or would it be requested
annually for CDBG funding. Planner Larsen commented that other communities have
used CDBG funding for acquisition of an interpreter, this would need to be requested
annually. In response to Member Paulus, Bob Kojetin, Director of Parks and
Recreation, said no numbers on use of the interpreter are available, as the Adaptive
Recreation Supervisor has just been hired.
keeping would be done with the full time person in place. With only nine recipients
and a waiting list of 60, Member Paulus asked how people are selected for the Day
Care Subsidy Program.
Day Care Association and inquire how the recipients are chosen and if they are
eligible for successive years.
Director Kojetin said better record
Planner Larsen said he would contact the Greater Minneapolis
Mayor Richards called for public comment on the proposed program for Year XVII CDBG
Funds. No comment or objection was heard.
Discussion was held on the appropriateness of including code codification in the
proposed CDBG Budget and whether the budget submission should be delayed. Mayor
Richards pointed out that if other needs are identified later on the Council could
take action to amend the CDBG Budget for Year XVII.
that one element of the City's Work Program was code codification which would
benefit all residents of Edina across the whole economic spectrum.
He reminded the Council Members
Member Smith introduced the following resolution and med its adoption:
RESOLUTIOH APPROVING PROPOSED PROGBLLZT FOR YEAR XVII
U" ~P~ COUNTY COl4H"ITY DEVELOPMENT BMCK
GRANT JXlNDS AND AU'J!HORIZIXG ITS SUBMITTAL
VHEBEhS, the City of Edina, through execution of a Joint Cooperation Agreement with
Hennepin County, is a cooperating unit in the Urban County Community Development
Block Grant Program; and
WHEREAS, the City of Edina has developed a proposal for the use of Urban Hennepin
County CDBG funds made available to it, following a public hearing on April 1, 1991,
to obtain the views of citizens on local and Urban Hennepin County housing and
community development needs and the City's following proposed use of Year XVII Urban
Hennepin County Community Development Block Grant funds:
BE IT
Urban
Household and Outside Maintenance
Day Care Subsidy
Single Family Rehabilitation
Removal of Architectural Barriers
Code Codification
Interpreter - Adaptive Recreation
RESOLVED that the City Council of
for the Elderly (H.O.M.E.) $ 25,673
20,000
40 , 000
41,300
20,000
3.000
To!l!AL $149 , 973
Edina approves the proposed use of Year XVII
Hennepin County Community Development Block Grant funds Ad authorizes
submittal of the proposal to Hennepin County for consideration by the Citizen
Advisory Committee and for inclusion in the Year XVII Urban Hennepin County
Community Development Block Grant Statement of Objectives and Project Use of Funds.
ADOPTED this 1st day of April, 1991.
Motion for adoption of the resolution was seconded by Member Paulus.
Rollcall :
4/1/91 55
Ayes: Paulus, Rice, Smith, Richards
Nays: Kelly
Resolution adopted.
*HEARING DATE OF 4/15/91 SET FOR AMEND- TO ZONING ORDINANCE NO. 825 - SECTION 21,
FLOOD PUIH 0-Y DISTRICT
Member Rice setthg April 15, 1991, as the hearing date to consider an amendment to
Zoning Ordinance No. 825 - Section 21, Flood Plain Overlay District.
Motion vas made by Member Kelly and vas seconded by
Motion carried on rollcall vote - five ayes.
ORDINANCE NO. 962-880 <TO ALTBU SALE OF INTOXICATING HALT LIQUOR AT ON-SALE) ADOPTED
ON SECOND READIN6 Hayor Richards stated that the Council granted First Reading of
Ordinance No. 902-AI0 - To Allow Sale of Intoxicating Malt Liquor at On-sale at the
meeting of March 18, 1991.
alcohol intoxicaeing malt liquor could contain and staff was asked to provide
further information on the subject. Staff has responded with additional information
as to the alcohol content in malt liquor as sent out in a memorandum dated March 29,
1991.
At that time, the question was raised as to how much
Mayor Richards then called for public comment on Ordinance No. 902-A10 as presented.
No comment or objection was heard. It was noted that a letter dated March 19, 1991,
in objection to allowing sale of "strong beer" had been received from Arthur A.
Rouner, Jr., of Colonial Church of Edina. A letter in support of the proposed
ordinance dated March 27, 1991, had been received from Unoco Restaurants, Inc.,
Kingsford, MI who are interested in Edina as a possible restaurant site.
Member Rice commented that when the skset provision on this Ordinance is up, he
would like to revisit the issue of fortified beer.
support the ordinance amendment but would have liked stricter qualifications on the
type of restaurant being licensed.
Member Kelly said she would
Member Kelly moved Second Reading and adoption of Ordinance No. 902-410 as follows:
ORDINANCE NO. 902-810
AN ORDINANCE AHENDING ORDINATWE NO. 902
TO ALWU SALE OF INTOXICATING MALT LIQUOR AT ON-SALE
THE CITY COUNCIL OF THJ3 CITY OF EDIliA, MINNESOTA, ORDAINS:
adding the follming definition in its alphabetical order:
Section 1. Definitions. Section 1 of Ordinance No. 902 is hereby amended by
"Intoxicating malt liquor" means any beer, ale or other beverage made from
malt by fermentation and containing more than 3.2 percent of alcohol by
weight. "
Sec. 2. Part I is hereby added to Ordinance No. 902 as follows:
"PART I
On Sale of Intoxicating Malt Liquor in Restaurants
Sec. 45. Reuuirements for On-sale of Intoxicatinjz Halt Li<ruor
(a) No person, directly or indirectly, upon any pretense or by any device,
shall sell at on-sale any intoxicating malt liquor, unless:
(1) such person, and the premises where such on-sale is to be
made, then has a license validly issued by the City, and then in
force and effect;
(i)
(ii)
(iii) for a food establishment pursuant to Ordinance No. 731 of
for the on-sale of vine in a qualifying restaurant pursuant
to Part H of this ordinance;
for the on-sale of non-intoxicating malt liquor pursuant to
Part C of this ordinance;
the City, or any successor ordinance, and as such ordinance
5' 6 4/1/91
or successor ordinance may now or hereafter be amended or
modified.
(2) at least 60% of the gross receipts of the restaurant
described in said food establishment license and said on-sale vine
license are attributable to the sale of food at said restaurant; and
(3) such person has demonstrated to the City Clerk proof of
financial responsibility with regard to liability imposed by State
Statutes, Section 340A.801, in the manner and to the extent
required by State Statutes, Section 340A.409.
Sec. 46. Sale of Food.
(a) The requirement at Sec. 45(a)(2) of this Part I, that at least 60% of the
gross receipts of the restaurant be attributable to the sale of food, shall be
established by an affidavit of the licensee, such affidavit to be in form and
substance acceptable to the City Clerk.
each application for issuance or renewal of an on-sale wine license.
addition, the licensee shall give such an affidavit at such other times as the
City Clerkmay request. Also, the City Clerk, at any time and from time to
time, may require that any such affidavit be verified and confirmed, in a form
and manner designated by the City Clerk, by a Certified Public Accountant
vho is a member of the Minnesota Society of Certified Public Accountants.
(b) Failure or refusal of a licensee to give such affidavit with such
application, or on request of the City Clerk, or any false statement in
any such affidavit, shall be grounds for denial, suspension or revocation of
all licenses held by such licensee for the on-sale of non-intoxicating malt
liquor or the on-sale of wine.
Sec. 47. Conditions of Sale.
(a) The provisions of Sec. 40 of Part H of this ordinance relating to the on-
sale of vine (including specifically, without limitation, the requirements
that a meal must be ordered to be consumed with the intoxicating malt liquor,
and that no sales or consumption of intoxicating malt liquor be permitted at a
bar) shall also apply to the on-sale of intoxicating malt liquor under this
Part I.
Sec. 48. Enforcement. Suspension and Revocation. The enforcement,
suspension and revocation provisions of Ordinance No. 141 shall apply to all
licenses issued under this Part I, except to the extent inconsistent with
applicable State statutes and regulations, and in the event of such
inconsistencies, the State statutes and regulations shall apply.
Sec. 49. Automatic Termination. The provisions of this Part I shall
terminate automatically at 12:Ol A.M. on April 1, 1993. No intoxicating malt
liquors shall be sold under this Part I after said time and date."
Sec. 3. This ordinance shall be in full force and effect immediately upon its
Such affidavit shall be given with
In
passage and publication.
Attest :
A
Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Richards
Nays: Smith
Ordinance adopted.
*BID AWARDED FOR SAND. ROCK. BlTllHINOUS HA- & CONCRETE Motion was made by
Member Kelly and vas seconded by Member Rice for avard of bids to recommended low
bidders as follows: Sand (delivered) to SA-AG, Inc. at $3.10 per ton; Buckshot
4/1/91 57
(delivered) to Northvestern Aggregate at $9.00 per ton; Class I1 Limestone
(delivered) to Edward Kraemer & Sons at $5.32 per ton; Seal Coat Chips (delivered)
to Dresser Trap Rock at $13.80 per ton; Asphalt #2331* (picked up) to Midvest
Asphalt at $20.35 per ton; Asphalt #2331 Fine* (picked up) to Bituminous Roadvays
at $18.00 per ton; Asphalt #2341* (picked up) to Midwest Asphalt at $21.10 per ton;
Winter Mix (picked up) to Midwest Asphalt at $40.00 per ton; Concrete (delivered) to
AVB, Inc. at $42.00 cu. yd.; Cut-Back Asphalt (delivered) to Koch Refining at .8248
per gal.; Alternate Cut-Back Asphalt (Cas21 (delivered) to Koch Refining at .4790
per gal.; with award on asphalt to Midwest Asphalt or Bituminous Roadways including
alternate award to other company if one of the asphalt plants is dovn.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR WATER TREATMENT CHEMCALS
seconded by Member Rice for award of bid to recommended low bidder, Dixie Petro-
Chem, Inc., at $44.26 per 100 lbs each of hydrofluosilicic acid and liquid chlorine.
Motion vas made by Member Kelly and vas
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR CARBON AIR SCRUBBER Motion vas made by Member Kelly and seconded
by Member Rice for award of bid for a carbon air scrubber to recommended sole
bidder, Calgon Carbon Corporation, at $81,000.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR PIAYGROUND EOUIPHElQT - CHOVW PARK Motion vas made by Member Kelly
and seconded by Member Rice for award of bid for playground equipment at Chowen Park
to reconmended second bidder, Earl F. Anderson & Associates, Inc., at $21,583.00.
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR GREENSMASTER MOWERS
by Member Rice for award of bid for two greensmaster movers to recommended sole
bidder, H.T.I. Distributing, at $18,720.00.
Motion carried on rollcall vote, five ayes.
Motion vas made by Member Kelly and seconded
*BID AWARDED FOR EXHAUST VENTILATION SYSTEM
seconded by Member Rice for award of bid for an exhaust ventilation system in
existing Fire Station to recommended lov bidder, E.A.H. Schmidt &Associates, Inc.,
at $12,935.00.
Motion vas made by Member Kelly and
Motion carried on rollcall vote, five ayes.
AWARD OF BIDS FOR PAPER SUPPLY AND AGENCY SERVICES FOR ABOUT TOWN MAGAZINE CONTI"ED
TO 4/15/91
continue the award of bids for paper supply and agency services for About Town
magazine to the April 15, 1991, meeting, to allow discussion on the budget for the
publication.
Motion was made by Member Kelly and seconded by Member Paulus to
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
REPORT ON -SIT ISSUES GIV" BY MICHAEL EHRLICXHA". RTB CHAIR Michael
Ehrlichmann, Chair of the Regional Transit Board (RTB), stated he had requested time
on the agenda to discuss metropolitan transit issues.
Deputy Chair, and said he had been appointed RTB Chair 16 months ago after having
worked in local government for 20 years.
partnership and communication between local and metro government.
affecting traffic such as congestion, pollution, dependence on foreign oil, etc.,
places a tremendous emphasis on public transit. The RTB wants to work with local
government in terms of planning transit for the community. Many Edina citizens use
public transit daily and the RTB wants to be open to the interests, suggestions and
planning initiatives of the City.
He introduced Sherry Munyon,
He felt it was important to develop a
Elements
5 4/1/91
Mr. Ehrlichmann said the biggest challenge now for
legislative session is to receive adequate funding
they will not have to cut back. He explained that
property taxes and the balance comes from the State.
RTB during the current
to support their programs so that
70% of their revenue comes from
Mayor Richards commented that the public input on transit issues should be sought
from not only users but also from the citizens who will have to pay for it and he
was not persuaded that a good job is done in soliciting those views. Further, that
the time to solicit comments and views from local elected officials is not after
everything has been planned and priced out.
and lines get drawn quickly.
in Edina that people are questioning our ability to do everything we want to do and
have the financial resources to do it. Citizens are really believing that they are
no longer receiving value for what they are being asked to pay for as evidenced by
the real estate tax situation.
transportation and light rail transit and have indicated that their voices are
ineffective and that they have not had a chance to participate.
That creates adversary relationships
He pointed out that he is hearing for the first time
They have raised many questions about public
Member Smith questioned the miles of right of way that have already been obtained
for light rail transit and the source of funding. Mr. Ehrlichmann explained that
light rail transit is the responsibility of the seven metropolitan counties. The
RTB only has responsibility to assemble and coordinate the plans that are developed
by the counties. Approximately 39 miles of right of way has been acquired within
the metro area, 18 miles of which are in Hennepin County.
a result of abandonment of existing railroad right of way.
mill levy for use on transit.
of way and development for light rail transit because he believed that ultimately
there will be light rail transit in the metropolitan area. It is inevitable in
order to move the numbers of people and to meet future needs.
that in 10 years the metro area will have 4% more traffic on every street and 6%
more at every intersection. It is not an easy decision and will involve commitment.
Member Smith questioned whether it is really the people who are saying that or only
the bureaucrats. He said from what he has heard, the citizens are not convinced
that light rail transit is the answer and are totally against the way we are going
about this. He questioned if there have really been town meetings on the issue of
light rail transit because of the rumors and questions concerning light rail
transit, i.e. will not affect people in Edina, will either go through or around it,
may not be a station because not out far enough, etc.
That has been acquired as
The counties have a two
He said he supported a levy for acquisition of right
Projections indicate
Mayor Richards elaborated that, what the Council is saying is, let the elected
officials (the policy/decision makers) decide this issue. If they validate it then
let's go full speed ahead. He mentioned that for years Edina has fought to keep the
mill levy down. Now we are seeing that layers of government that are not elected
officials have a greater mill rate and greater impact upon Edina's taxpayers than
its own elected officials. He suggested that message be taken back.
Mr. Ehrlichmann emphasized that the ultimate decision on light rail transit will be
made by the legislature.
planning and developing the system to the counties, not to RTB. Although the RTB's
primary responsibility is the bus system (regular route, express bus, ride share,
car pool, van program, paratransit, metro mobility) light rail transit will be an
important component of the transit system in terms of local planning.
The legislature then gives the responsibilities of
Member Paulus recalled that the 1-494 Joint Powers Organization had strongly
supported the pilot Dial-a-Ride program as one means of traffic control management.
However, before it could even get off the ground, the funding was cut. A second
concern is that the senior population in Edina is complaining that the local bus
routes, on which they depend for transportation, are being cut because of low
I
I
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4/1/91 59
ridership.
elsewhere which has created much anger among the residents.
go back is that our tax dollars are not really working towards the needs of the
residents.
legislators as they appropriate to the RTB.
mandates a performance standard for the bus system.
revenues provided by the legislature and if the RTB doesn't get the budget they have
requested, they will have to consider lowering the subsidy standard. Further, they
can't initiate new service while cutting substantial existing service.
Mr. Ehrlichmann said that is one of the reasons he is visiting communities because
the bottom line is going to the legislature in terms of their willingness to either
give the RTB appropriations or allow the RTB to generate the revenue to provide the
service.
At the same time, our local tax dollars are being taken and put to work
The message that has to
Mr. Ehrlichmann suggested that this be conveyed directly to the
He explained that the legislature
The RTB can only spend the
Mayor Richards responded that if the legislature were to ask him about more revenues
for transit he would say 'don't give them another penny' because he was not
convinced that we are getting a bang for our buck. Demographically, we have been
told that Edina has a higher senior citizen population than most of the communities
in the state.
transit service rather than having it cut back.
If that is the case, we should at least be maintaining existing
Mr. Ehrlichmann said he would not pretend that Edina gets service equivalent to the
tax dollars paid in, simply because it is part of a regional community.
function of the RTB is to provide regional transit and they have to take into
consideration substantially higher dependent populations. They try to do that
within the context of llsubsidy rates" - all public transit is going to be
subsidized.
do whatever they can to serve the residents of Edina as well as all the communities
in the metro area.
Member Paulus submitted that Edina's voice is not heard when we go to the
legislature - they are not concerned about the needs of our residents. She stated
that the citizens of Edina are incensed about increased real estate taxes and when
they go to the legislature to voice their concerns they are told to go back to their
local elected officials.
revenue from the citizens of Edina - it is just not there ,to be given out.
The
It really is a question of revenue appropriation - they will attempt to I
She concluded with the statement not to look for any more
Member Rice asked or commented on the following matters: 1) Light Rail Transit - not
a supporter. 2) Bus routes from Ridgedale to Bloomington - asked RTB to take
another look at providing that service. Mr. Ehrlichmann said three routes are being
combined into one because there were only about 10 riders per day. 3) Number of
buses - Mr. Ehrlichmann said the MTC bus system ranks fifth in the nation. 4) MTC
Police Cars - MTC has had squad cars for the last ten years. They check out bus
stops in high crime areas. They have just adopted a program of on-bus security.
5) Lifts for Disabled - Mr. Ehrlichmann said although they are slow they are better
for the disabled than having to call 24 hours in advance. 6) Park and Ride -
Mr. Ehrlichmann said ultimately that will be the future means to alleviate
congestion on the freeways, whether it is HOV lanes, light rail transit, or express
busses. 7) Small buses/vans - MTC has initiated demonstration programs in Anoka and
Ramsey counties for small buses/and vans to meet different types of transit needs
and to use less labor intensive means. That has to be the future - a multi module
sys tem.
Mayor Richards thanked Mr. Ehrlichmann for coming and listening to the Council's
concerns, commenting that this is not the last time these issues will be debated.
MN WATERFOWL ASSOCIATION RAFFLE PREMISE PERMIT APPLICATION CONTlXlJED TO.4/15/91
66 4/1/91
Manager
Control
submits
permit.
. for the
Rosland explained that Minnesota Statute 349.213 requires the Gambling
Board may not issue or renew a premises permit unless the organization
a resolution from the city council or county board approving the premises
The resolution must be adopted within 60 days of the date of application
new or renewed permit. The MN Waterfowl Association, 5701 Normandale Road,
has presented a Premise Permit Application renewal and are requesting that they be
allowed to hold a raffle on April 16, 1991, at their office address. They also
requested waiving the 60 day period for granting permission or denial.
Member Smith commented that the application form contains very little information on
which to base a decision and asked if by adopting a resolution the Council would be
endorsing the organization and the raffle.
own application form that would require more information.
He asked if the City could develop its
Attorney Erickson answered that, although this is a new law, approving the
application would be no more than acknowledging the fact that we are aware there
will be a raffle.
information.
We can be more restrictive than the State as to application
Member Smith made a motion to not approve the Premise Permit Application for Baffle
for the HI4 Waterfoul Association, 5701 Normandale Road.
Mayor Richards.
Motion was seconded by
Discussion followed on the issue of state regulation versus local regulation and the
concern as to responsibility for this or any future raffle activities if approved by
the Council as required by State Statute.
exempt from local government approval. Member Paulus said she would not be prepared
to act on the application without further information and suggested this be
continued.
Member Smith noted that some raffles are
Member Smith then amended the motion to move that the matter of the Premise Permit
Application for Raffle for BIN Uaterfovl Association be continued to the meeting of
April 15, 1991. Motion as amended was seconded by Mayor Richards.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
SKYMAY AT WITH ED= BEhLTp APPROVED Assistant.Manager Hughes reported that
Edina Realty, 3930 W. 49 1/2 Street, has requested permission to construct a bridge
joining the top level of the parking facility presently under construction with the
second level of their building.
access by employees and customers of Edina Realty to their building.
proposes to pay all costs associated with the construction of this bridge.
The purpose of this connection is to permit easy
Edina Realty
The City has permitted similar connections from the 51st Street parking ramp to the
doctors' building, located at 3939 W. 50th Street, and from Jerry?s Shopping Center
to the Grandview parking ramp on Vernon Avenue.
property owner entered into Skyway Agreements.
In both cases, the City and the
The parking committee of the 50th & France Business and Professional Association
considered Edina Realty's request at their March 26, 1991, meeting. The members of
the committee who were present unanimously supported the connection as proposed.
The committee?s reasoning was that the connection would encourage employees of Edina
Realty to park on the uppermost level of the ramp, thereby reducing parking demand
in the lowermost levels which are the most desired by customers.
The 50th & France parking committee has not as yet adopted a final recommendation
for Council consideration as to parking at 50th & France. At this time, however,
4/1/91 61
B the committee is inclined to recommend that employee parking
level of all parking facilities at 50th & France. Staff has
that a final decision has not as yet been reached concerning
locations. The Council is not necessarily obliged to accept
be permitted on the top
advised Edina Realty
employee parking
the recommendations of
the parking committee and is not bound to-provide, on a continuing basis, employee
parking on the top level of this parking ramp. Therefore, Edina Realty must assume
the risk that employee parking may not always be permitted on the top level of this
ramp. Staff believes that they understand and have accepted the risk. If the
Council authorizes the Skyway Agreement, staff would recommend that it provide that
the City may at any time change the rules and regulations concerning employee
parking in this area.
For the record, Member Paulus stated that she would abstain from discussion and vote
on this proposal.
Member Smith asked if, when the connection was permitted to the doctors' building,
consideration had been given with regard to a common way access.
Hughes commented that in the other cases the argument could be made that it served
50th and France, the City has an easement that allows the public to use the
connection. With Jerry's Shopping Center, there is no easement but it essentially
is a common mall with the connection serving a number of ownerships and shops.
Edina Realty proposal would be the first connection going into a private building.
Assistant Manager
'multiple tenants and a public way out to the street. In the doctors' building at
The
In response to Mayor Richards, Assistant Manager Hughes stated the cost is
approximately $5,000.00 with all costs to be paid by Edina Realty and Eberhardt.
Mayor Richards raised the issue that the City is not bound to provide, on a
continuing basis, employee parking on the top level of this parking ramp.
suggested that a memorandum of understanding be signed by the City and Edina Realty
to that effect.
He
In response, Bob Johnson, Assistant Manager of Edina Realty, stated that he felt
Edina Realty would be amenable to working out such an agreement.
an urgency for a decision because materials will need to be ordered promptly because
of the construction schedule.
He said there is
Member Smith made a motion to authorize execution of a Skyway Agreement with Edina
Realty permitting a connection between the proposed 49 1/2 Street Parking Facility
and the Edina Realty Building, with total cost being paid by the private sector,
subject to execution of a memorandum of understanding by the Edina Housing and
Redevelopment Authority and Edina Realty achowledging that the City may at any time
change the rules and regulations concerning employee parking in this area.
was seconded by Member Rice.
Motion
Rollcall :
Ayes: Kelly, Rice, Smith, Richards
Abstained: Paulus
Motion carried.
APPOINTMENTS To ADVISORY BOARDS/COMKISSIONS/COMMITTEXS APPROVED Motion was made by
Member Smith and was seconded by Member Rice for consent of the Mayor's appointment
of individuals to advisory boards/commissions/committees as follows:
Commnnitv Health Services Advison Committee
Human Relations Commission (partial term to 2/1/92)
(2 year term to 2/1/93)
Audrey Runyan (Provider)
John Crist (Council appointee)
Ayes: Kelly, Paulus, Rice, Smith, Richards
4/1/91
Motion carried.
I POSITION OPEN ON ED= FOUNDATION BOARD Mayor Richards informed the Council that
one Council appointed position remains open on The Edina Foundation Board at this
. time. Discussion followed as to whether or not a Council Member could serve on The
Edina Foundation Board.
if this would be possible.
Mayor Richards asked staff to research the by-laws to see
BIDS AUTHORIZED FOB BITUKR?OUS STREET SURFACING. CONCRETE CURB AND GUTlXK, STORM
SEWER AND STaeET LIGHTING IMPROVEMENT NOS. BA-291 & STS-214
the folloving Resolution and moved its adoption:
Member Kelly introduced
RESOUTTION APPROVING PUNS AND SPECIFIMIONS
FOR PROPOSED IMPROVEMENTS AND
DIRECTING ADVERTISEHE" FOB BIDS
STORM SEVEB AND STBEET LIGHTIHG
FOR BITUHINOUS STREET SURFACING, CONCRETE CURB AND GUTTEB,
U. 69TH STREET - FRANCE AVE. TO XERXES AVE.
CONTRACT 91-9 (ENG)
mOVEHKNT NOS. BA-291 & STS-214
BE IT RESOLVED BY TEE CITY COIJHCIL, CITY OF EDIHb, ~SOIILL:
1. The plans and specifications for the proposed improvements set forth in the
following Advertisement for Bids form, heretofore prepared by the City Engineer and
now on file in the office of the City Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin
the following notice of bids for improvements:
(Official Publication)
CITY OF ED=
4801 U. 50TH STREET
EDIJ!?A, MINNESOTA 55424
HENNEPIH COUNTY, HI"ES0TA I
ADVERTISEMENT FOR BIDS
BITUKIXOlJS STREET SURFACING. CONCRETE CURB
AND GuaEB. STORM SEWER AND STREET LTGHTING
U. 69TH STREET - FRANCE Am. TO XERXES AVE.
CONTRACT 91-9 (ENG.)
IHPROVEHENT NOS. BA-291 & STS-214
BIDS CLOSE APRIL 4, 1991
SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall,
4801U. 50th Street at 11:OO A.M., Thursday, April 4, 1991. The Edina City Council
vi11 meet at 7:OO P.M., Monday, April 15, 1991to consider said bids.
are approximate major quantities:
The folloving
4,600 CY Excavation
7,400 TONS CI. 5A Base
6,950 TONS Bituminous Paving
11,450 LF Curb & Gutter
11,175 SF 4' Concrete Sidewalk
18,500 SY Sod
4,600 CY comnton Borrow
22 TBEES 4" Nomy Maple Trees
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.
by personal submission, after the time set for receiving them may be returned
unopened.
Bids received by the City Engineer, either through the mail or
41 1/9 1 63
Work must be done as described in plans and specifications on file in the office of
the City Clerk. Plans and specifications are available for a deposit of $25.00 (by
check).
with a bona fide bid. No bids rill be considered unless sealed and accompanied by
bid bond or certified check payable to the City of Edina in the amount of at least
ten (10) percent of all bids.
payable to the City of Edina for postage and handling.
BY ORDER OF THE EDIH6. CITY COTJNCIL.
Said deposit to be returned upon return of the plans and specifications
All plans mailed, enclose separate check for $5.00
Marcella M. Daehn
City Clerk
Motion was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
RESOLUTION ADOPTED IN SUPPORT OF SWUREAN J3E”EPIN PARKS LEGISLATION
introduced Donald Ringham, who formerly served on the Hennepin County Park Reserve
District Board.
visiting city councils to urge support of legislation recently introduced by Senator
Gen Olson (District 43) and Representative Bill Schreiber.
Mayor Richards
Mr. Ringham stated he is one of nine avid park supporters/users
The legislation would establish the Suburban Hennepin Suburban Hennepin Regional
Park District Board of Commissioners as an all-elected seven-member board with full
autonomy to’formulate and implement annual budgets for the park district.
Currently, the Hennepin Parks Board of Commissioners is a seven member board with
five commissioners elected and two appointed by the Hennepin County Board. The
Hennepin County Board also has the authority to review and veto the annual park
district budget.
Mr. Ringham said that public confidence in the Hennepin Parks Board has eroded
drastically in the past five years under its present structure.
public dissatisfaction with controversies surrounding appointments to the Board.
Further, appointments made by the Hennepin County Board have not always provided
representation from all sections of the county resulting in changing of priorities
so far as development was concerned.
interest so that priorities would be more fair.
There has also been
An all-elected board would distribute the
Member Rice mentioned that when the voters go into the voting booth they do not know
the candidates for the Hennepin Parks Board.
would be qualified and interested candidates.
Commissioner is a low profile office and that becomes an electorate problem.
suggested that municipalities could insist on that kind of recognition.
He asked how to ensure that there
Mr. Ringham concurred that Park
He
Member Paulus introduced the following resolution and moved its adoption:
aESOLUTION OF SUPPORT
FOR SWUREAN J3E”EPIN PpIBB;s LEGISLATION
WEEREAS, the Suburban Hennepin Regional Park District is a unit of local government
created to develop, manage and maintain the Suburban Hennepin Regional Park system,
and is empowered to levy taxes on the property Owners of the Suburban Hennepin
Regional Park District and plan for the expenditure of property tax revenues for the
benefit of the Suburban Hennepin Regional Park system, and;
UEEREAS, an independent and democratically elected Suburban Hennepin Regional Park
District Board of Commissioners is essential to assure public confidence in the
activities and priorities of the Board of Commissioners,
BE IT THEREFORE RESOLVED, that the City Council of the City of Edina expresses
unqualified support for legislation before the Minnesota Legislature in the 1991
legislative session that would establish the Suburban Hennepin Regional Park
64
District Board of Codssioners
41 119 1
as an all-elected seven member board, with
commissioners representing equal size districts vithin the Suburban Hennepin
Regional Park District.
BE IT FDBTHEB RESOLVED, that the City Council of the City of Edina expresses
unqualified snppoa for legislation before the Minnesota Legislature in the 1991
legislative session that would allow the Suburban Hennepin Regional Park District
Board of Commissioners to formulate and implement annual budgets for the Suburban
Hennepin Regional Park District vithout revieu or veto of the Hennepin County Board.
ADOPTED this 1st day of April, 1991.
~ Ayes: Kelly, Paulus, Rice, Smith, Richards
~
Motion was seconded by Member Kelly.
Rollcall :
Resolution adopted.
*CLAIMS PD Motion was made by Member Kelly and was seconded by Member Rice to
approve payment of the following claims as shown in detail on the Check Register
dated 4/01/91 and consisting of 29 pages:
$1,043.65; Art Center $16,349.57; Capgtal Fund $1,363.68; Svimmiq Pool Fund $16.50;
Golf Course FMd $18,542.74; Recreation Center Fund $3,415.88; Gun Range Fund
$296.43; Edinhrough Park $17,594.40; Utility Fund $245,321.02; Liquor Dispensary
Fund $13,751.46; TOW $460,344.11.
Motion carried on rollcall vote, five ayes.
General Fund $142,648.78; Communications
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 9:lO P.M.
\
City Clerk