Loading...
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. I 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 I 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