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lEU!WES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALT..
APRIL 15, 1991
ROLLCALL Answering rollcall were Members Kelly, Paulus, Rice, Smith, and Mayor
Richards,
DISABILITY ACTION WEEK PROCIAIMED
proclamation which was unanimously adopted:
WHJBEAS, many individuals with disabilities are living independently in our
community and are participating in educational, social., religious and recreational
activities; and
WEIEReAS, a significant effort is being made Statewide and Nationwide to eliminate
barriers for persons who are disabled in the areas of employment, housing,
transportation, education, and public accommodations; and
WHEREAS, City officials and school administrators desire public awareness as to the
issues and concerns facing persons who are disabled; and
WHEREAS, residents of our community need to take action to eliminate the remaining
barriers facing persons who are disabled; and
WHEREAS, the Governor of the State of Minnesota, and each of the South Hennepin
communities are proclaiming Disability Action Week in recognition of the
contributions individuals who are disabled make within the State and the communities
in which they live;
NOW THEREFORE, I Frederick S. Richards, as Mayor of the City of Edina, do hereby
proclaim the week of April 21-27, 1991, as
and urge all residents of our City to be more open and attentive to the needs and
abilities of persons with disabilities.
Mayor Richards presented the following
PROCLAMATION
DISABILITP ACTION WEEK
Accepting the proclamation were Gail, John and Mike Davis, gnd Laura Hinton,
Adaptive Recreation Director, on behalf of the many individuals with disabilities
living in our community.
EDINA HIGH SCHOOL VARSITY BBNI) DAY PROCIAIMED
following proclamation which was unanimously adopted:
WHJBEAS, the Edina High School Varsity Band has continuously rehearsed and performed
since its founding in Edina High School in 1961; and
WHEREAS. the Band's first concert was performed in Spring, 1966; and
WHEREAS. under the inspired leadership of its conductors, Dolph Bezoir, Edwin J.
Melichar, Robert Elledge, William A. Webb, and Dan Nelson, Varsity Band members have
achieved a record of 26 consecutive years of individual First Division ratings by
members in the Minnesota State Band Contest; and
WHEREAS, this year the Varsity Band celebrates the 26th anniversary of its
remarkable Smash, Flashbacks and now Springfest concerts, which have entertained
delighted listeners during its venerable history; and
WHEREBS, the more than 2,500 musicians who have enriched the Varsity Band's heritage
and history have time and again achieved local and national acclaim;
NOW, THEREFORE, I, Frederick S. Richards, as Mayor of the City of Edina, do hereby
proclaim April 25, 1991, to be
in the City of Edina and urge all Edina residents to join me this month in
recognizing this extraordinary Edina institution.
Mayor Richards presented the
PROCLAMATION
EDINA HIGH SCHOOL VARSITY DAY
Katie McCullough and Barbara Bergan accepted the proclamation on behalf of the Edina
High School Varsity Band.
66 4/15/91
CONSEPJT AGENDA ITEMS ADOPTED
Member Smith to approve and adopt the Council Consent Agenda items as presented vith
the exception of removal of Item V.F. Approval of 3.2 Beer License and On-sale Wine
License for Havthorn Room, 3400 Edinborough Way.
Motion was made by Member Paulus and vas seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*mS OF REGUL4E mTING OF 3/18/91 AND SPECJXL mTING OF 3/4/91 APPROVED
Motion vas made by Member Paulus and seconded by Member Smith to approve the Council
Minutes of the Regular Meeting of March 18, 1991, and the Special Meeting of March
4, 1991, as presented.
Motion carried on rollcall vote, five ayes.
ORDINANCE NO. 825-A39 (FLOODPIAIN OVEBLBY DISTRICT) GRAJ!ZWI FIRST READING
Affidavits of Notice were presented, approved and ordered placed on file.
Presentation bv Planner
Planner Larsen reported that the proposed amendment to the Zoning Ordinance No. 825,
Section 21, Floodplain Overlay District, is a modification of the model ordinance
prepared by The Federal Emergency Management Agency (FEMA) and the State Department
of Natural Resources (DNR). The modifications make the ordinance consistent with
the format of our ordinance.
standards.
No changes have been made to the development
The amendment is an overlay district which does not affect the underlying City
zoning requirements and acts like a building code. The new ordinance is similar to
the existing ordinance with only minor changes having been made to flood proofing
standards.
Planner Larsen said the basis of this amendment is to regulate activities in the
floodplain and to maintain residents' eligibility for flood insurance. The
Community Development and Planning Commission considered the amendment at their
meeting of March 27, 1991, and recommended approval. Prior to Second Reading, the
draft amendment would be submitted to the DNR for review and approval. Staff would
also work with both watershed districts and FEMA before it would be brought back to
the Council in late summer.
Member Smith offered Ordinance No. 825439, (Flood Plain Overlay
Reading as presented and on file in the office of the City Clerk
Reading was seconded by Member Rice.
Ayes: Kelly, Paulus, Rice, Smith, Richards
First Reading granted.
District) for First
Motion for First
REQUEST FOR MODIFICATION OF CONDITIONS REIATING TO ROBERT HANSON PROPERTY (NORTH OF
CROSSTOWN & EAST OF HFTP 169) PRESENTED: MODIFICATIONS APPROVED Planner Larsen
explained that preliminary rezoning had been granted at the June 20, 1990, Council
Meeting, for development of the Robert Hanson property that included twelve units of
PRD-2 rezoning.
Highway 62 and east of Highway 169.
was approved subject to a surety bond guaranteeing payment of the outstanding
special assessments on the property.
The subject property is generally located north of the Crosstown
The preliminary rezoning and preliminary plat
James Van Valkenburg, attorney for the Robert Hanson, stated that unpaid special
assessments and taxes on the subject property are approximately $215,000.00.
Following preliminary approval, the process broke down when the buyer/builder
refused to post the required bond and the collateral for same, and the seller is
financially unable to put up a bond and such collateral.
Subsequently, Mr. Hanson has found another buyer/builder, Minnesota Financial
Development Corporation, which he believes to be financially sound and ready to
start construction. The option agreement provides that Mr. Hanson is to be paid
$35,000.00 per lot.
proposal would provide that all proceeds from the sale of the property would be paid
directly to the City as each lot is sold until the specials are paid in full. It
would also spread the special assessments and taxes over the 12 lots. By this
method, implemented only with County approval, it is felt that the City/County would
get their money much sooner. In conclusion, Mr. Van Valkenburg said that Mr.
Hanson, owner of the subject property, is requesting Council approval by resolution
of the new proposal as presented.
In lieu of the bond that the City previously required, the new I
Discussion and questions on the new proposal followed.
that what is being asked is a modification of a condition that has already been
granted that would allow the proponent to proceed to final rezoning. He explained
that, if only a portion of the lots were sold and developed and another developer
were to come in, the subsequent developer could not make any substantial change to
the plan that was approved in June of 1990 without coming before the Council for
approval of any change, i.e., number of units, architectural style, etc.
Planner Larsen clarified
Attorney Erickson pointed out that the law requires that to allow the division of
the total assessment into pro-rata share per lot, the Council would have to make a
finding that such action would not materially impair collection and such finding
should be included in the resolution. Mayor Richards suggested that if the total
specials could be put on the first six lots that are sold it would afford more
protection for the City/County.
be unusual from the County's standpoint, it could be done with the consent of the
other parties.
would be aware of the unpaid obligations.
Member Smith moved the following action: 1) To rescind the requirement of a surety
bond for payment of special assessments as a condition to preliminary rezoning and
preliminary plat approval, granted by the Council on July 18, 1990, for the Robert
Hanson property, generally located north of Crosstown Highway 62 and east of Highway
169, and 2) That an agreement be drafted, for consideration by the Council at the
hearing for final rezoning and final plat approval, whereby the total unpaid special
assessments on the property would be allocated against the 12 lots and, as they are
sold, based upon an option sale price of $35,000 per lot, the total sale proceeds
vould be paid on the special assessments until the special assessments are paid in
full. Motion was seconded by Member Rice.
Attorney Erickson responded that, while this would*
That stipulation should then go on record so prospective buyers I
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
BID AWARDED FOR PAPER SUPPLY FOR ABOUT TOWN MAGAZINE Manager Rosland recalled that
award of bid for paper supply and agency services for About Town magazine had been
continued from the last meeting so that information could be provided regarding the
budget for the publication.
magazine which had been prepared by Ralph Campbell, Director of Communications. The
report also included a financial summary of expenses since the magazine's inception.
In response, he reviewed a general report on the
Approximately $1,500.00 would be saved on each quarterly publication if a one year
supply of paper was purchased at one time.
remaining 1991 issues is $12,792.10 or about $4,200.00 per issue. Previously the
cost for paper for each issue was approximately $5,700.00.
Motion was made by Member Kelly and seconded by Member Rice for award of bid for
paper supply for About Town magazine to recommended low bidder, Intercity Paper, at
$12,792.10.
The low bid for paper for the three
68 4/15/91
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
. BID AWARDED FOR AGENCY SERVICES FOR ABOUT TOUN MAGAZINE Manager Rosland informed
Council that the intent is to make the About Town publication as self-sustaining as
possible. Lonsbury-Mills, Ltd. was selected as the advertising/marketing firm to
help reach that goal. The magazine has grown to 30 pages, is well accepted and is
funded through the City's communications trust fund. Motion vas made by Member
Paulus and seconded by Member Rice for award of bid for agency services to sole
bidder, Lonsbury-Hills, Ltd., at $17,499.00.
Member Rice inquired whether any advertising guidelines have been established for
the magazine. Ralph Campbell, Director of Communications, said there are no formal
guidelines, but advertising is screened. In response to Member Kelly's inquiries,
Manager Rosland said Lonsbury-Mills does not now advertise in About Town.
there are other agencies that could do the job, Lonsbury-Mills was selected. Staff
will work with them while they learn the format and sell advertising.
performance is not satisfactory, another agency could be selected.
While
If their
Member Kelly asked if the printing of the magazine could be done by the School
District print shop. Director Campbell said some printing was done by the School
District print shop for the realtors' information packet that was done in 1990. To
produce a book like About Town, requires a special press which the school print shop
.does not have.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried. I *BID AWARDED FOR STREET IMPROVEMENT NO. BA-291- STORM SEWER IKl?ROWW" NO. STS-
214 - W. 69TH ST. FROM FRANCE AV. TO XERXES AV. Motion was made by Member Paulus
and seconded by Member Smith for award of bid for Street Improvement No, BA-291 and
Storm Sever No. STS-214, on 8. 69th Street from France to Xerxes Av. to recommended
low bidder, Alber Construction Co., at $569,474.35.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR BURNER FOR CITY HALL BOILER ROOM Motion vas made by Member Paulus
and seconded by Member Smith for award of bid for a burner for the City Hall boiler
room to recommended lov bidder, Ovens Services Corporation, at $9,420.00.
Motion carried on rollcall vote - five ayes.
*RAFFLE PReMSE PERMIT APPLICATION - HN WATERFOUL ASSOCIATION CONTINUED TO 5/6/91
Motion vas made by Member Padus and seconded by Member Smith to continue the matter
of the Raffle Premise Permit Application for the Minnesota Waterfowl Association to
Council Meeting of Hay 6, 1991.
Motion carried on rollcall vote - five ayes.
494/169 LAND ACOUISITION APPROVED
1991, the Council had approved a purchase agreement for acquisition of land (located
in the northeast quadrant of Highways 1-494 and 169) in the amount of $290,000.00.
That offer was accepted by Metropolitan Federal Bank who then submitted it to
Federal Deposit Insurance Corporation (FDIC) for approval, with a deadline for
response by March 15, 1991.
Planner Larsen recalled that on February 19,
By letter dated April 5, 1991, Metropolitan Federal Bank has advised that FDIC has
approved the purchase agreement to the City of Edina at $320,000.00 which would
include the seller paying all special assessments totaling approximately $45,000.00.
Staff would recommend that the counter offer be accepted.
4/15/91
Member Rice introduced the following resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED by the City Council of the City of Ed-, that it hereby authorizes
and directs staff to accept the counter offer of FDIC at $320,000.00 for purchase of
land, located at the northeast quadrant of Highways 1-494 and 169, by the City.
Motion was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
RICHFIELD STORM SEWER PROJECT ON XERXES AVENUE APPROVED
that staff has reviewed plans submitted by the City of Richfield proposing the
construction of a storm sewer on Xerxes Avenue (Richfield-Edina border) from West
69th Street to the Adams Hill Pond in Richfield.
of homes between West 69th Street and West 70th Street that are in a low area which
is subject to high flood potential. The City of Richfield has an area adjacent tp
Edina's Yorktown Park, called Adams Hill Pond, from which stormwater is pumped to
Centennial Lakes on a cost shared basis between the two cities. The new Richfield
plan would route stormwater to the Adams Hill area. This project does not impact
the City of Edina except for the obvious disruption on Xerxes Avenue during the
construction period. Richfield is not asking for any financial participation for
the project from Edina.
Engineer Hoffman reported
The City of Richfield has a number
Staff recommendation is to approve the plan as submitted with the restriction that
construction not begin before July 1, 1991.
West 69th Street between April 15 and July 1, and both projects
going simultaneously would cause traffic problems.
Eastling, Chief Engineer for Richfield, to answer any questions.
The City of Edina will be constructing
Engineer Hoffman introduced Mike
Responding to questions, Engineer Hoffman said the Richfield and Edina border is in
the middle of the street at this location, but the storm sewer would be Richfields'
and would be paid for by them.
they can do this project on Edina's right of way. The benefit Edina would reap
would be that we currently have drainage going in there now; Richfield would be
improving this system. The disruption from the construction will last approximately
two months. The asphalt street, curb and gutter, and existing shrubbery will all be
replaced.
Essentially the City of Richfield is asking Edina if
Member Smith introduced the following resolution and moved its adoption:
RESOUTTION
WHEREAS, Plans for City of Richfield Project No. 1572, showing proposed storm sewer
installation, street construction and appurtenant work on Xerxes Avenue from U. 69th
Street to Adams Hill Pond on the boundary line between the City of Edina and the
City of Richfield, have been prepared and presented to the City;
WHEREAS, construction of Project No. 1572 will commence after July 1, 1991, and no
cost will be incurred by the City of Edina;
NOW, TBEReFORE, BE IT RESOLVED: That said plans be in all things approved.
Member Rice seconded the motion.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
69
APPOINTMENTS To BOARDWCOMMITTEES
the Mayor's appointments to advisory boards/committees as follows:
Motion was made by Member Kelly for consent of
Community Health Services Advisory Committee
Dr. Douglas L. Lambert (provider)
The Edina Foundation Board of Directors
Stephen E. Nelson (Council appointee)
(2 year term to 2/1/93)
(term to 6/92)
70 4/15/91
Motion for consent of appointments was seconded by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried. I 3.2 BEER AND ON-SALE WINE IXCENSES APPROVED FOR HAUTHORN ROOM - 3400 EDINBOROUGH WAY
Member Smith said he had asked for this item to be removed from the Consent Agenda.
He recalled that there was considerable discussion concerning the issue of senring
alcoholic beverages when the concept for the Hawthorn Suites Hotel was approved and
asked what has changed concerning their operation.
Jim McFadden, General Manager for Hawthorn Suites Hotel, referred to his letter
dated April 5, 1991, in which he had stated that business has fallen short of
initial expectations in comparison with other hotels in the area. They felt it
prudent to look for other sources of possible revenue.
received numerous requests, from both the Edinborough Corporate Center and the
residents of the townhomes for restaurant facilities that would be open to the
public.
Also, Hawthorn Suites has
Member Rice asked if it would be a full service restaurant, i.e. breakfast, lunch
and dinner. Mr. McFadden explained that currently they serve breakfast for their
guests only. They do not serve a noon meal but would respond if there was a demand.
Their present plan is to serve dinner only to the general public.
recalled previous discussion regarding a 'happy hour' for guests and asked if they
would be in compliance with the City's ordinances on serving liquor. Mr. McFadden
said they will serve a reception for guests which will coincide with the hours they
intend to be open to the public for dinner.
management has been fully informed as to the ordinance requirements that customers
must order a meal in order to be served beer or wine.
understand the requirements of the City's ordinance.
Member Smith made a motion to approve issuance of 3.2 Beer and On-sale Wine Licenses
to the Hawthorn Room, Hawthorn Suites Hotel, 3400 Edinborough Way.
seconded by Member Kelly.
Member Rice
Manager Rosland said that the hotel
Mr. McFadden stated that they
Motion was
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
UPCOMING COUNCIL HEXTING DATES DISCUSSED Manager Rosland provided a calendar of
proposed dates, for other than regular Council meetings, relating to the strategic
planning process. The May 6, 1991, Joint School Board and Council meeting was
specifically noted. Mayor Richards said if conflicts are apparent to please bring
them up for discussion.
LEGISLATION To REQm SINGLE-HEMBEX. WARDS IN SECOND CWS CITIES DISCUSSED: LE-
IN OPPOSITION TO BE DRAFTED
letter dated April 12, 1991, from the League of Minnesota Cities (LMC) relating to
redistricting legislation (S.F. 1169 - Luther) that would require all second-class
cities (10,000 - 100,000 pop.) to have single-member wards by 1994. Following
discussion, it was the consensus of the Council to oppose the legislation.
Mayor Richards called the Council's attention to a
Member Paulus made a motion directing staff to draft a letter for the Mayor's
signature, stating that the Edina City Council is unaniwrusly opposed to the single-
member ward system, to be sent to Senator Don Storm (member of Senate Redistricting
Committee), with copies to our representatives and the UC.
the motion. I Member Kelly seconded
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried
RESPONSE DECLINING OFFER - CITY OF HO-S TO PARTICIPATE Izo SCHOOL SCHOIARSHIP
4/15/91 71
Mayor Richards said he had received a letter dated March 28, 1991, from the City of
Hopkins Chemical Health Commission requesting financial participation in providing
a scholarship for a Hopkins High School senior student.
since School District #270 has Edina, Minnetonka, Golden Valley, and St. Louis Park
residents, all of the cities would be asked to participate in this scholarship
program.
After a lengthy discussion, the consensus was to draft a letter to the City of
Hopkins Chemical Health Commission declining participation because the City of Edina
already is funding a very active Edina Chemical Awareness Committee, the Red Ribbon
Campaign, Responsible Hosting programs and a Green Key program.
The letter states that I
RESOLUTION OF COmOLENCE ADOPTED FOR FORMER EMPLOYEE ROBERT J. ANDERSON Manager
Rosland said he had been notified about the death of Robert J. Anderson, a former
City employee, and asked that the Council adopt a Resolution of Condolence.
Member Kelly offered the following resolution and moved its adoption:
WEEREAS, the life of Robert J. Anderson ended on April 12, 1991, after months of
illness, and
WEEREAS, Robert J. Anderson vas the first Manager of the Edina Municipal Pool when
it opened in June, 1958, and
WEEREAS, as Manager he vas responsible for its operation during the period of its
heaviest use by the City's youth population which had accelerated during the post-
war years, and
'CTtIERehS, Robert J. Anderson held the position of Manager of the Edina Municipal Pool
for seventeen years;
NOW, -FORE, BE IT RESOLVED, that the Edina City Council hereby extends its
heartfelt sympathy to his wife, Mary Jane, and to his children and their families;
BE IT FUR'I'HER RESOLVED that this Resolution be entered in the Minutes Book of the
Edina City Council and that a copy be presented to his family.
ADOPTED THIS 15th day of April, 1991.
Motion,for adoption of resolution was seconded by Member Rice.
RESOLUTION OF CONDOLENCE
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*CIAIMS PAID
approve payment of the following claims as shown in detail on the Check Register
dated 4/15/91 and consisting of 28 pages: General Fund $184,413.59; C.D.B.G.
$2,939.00; Communications $502.92; Art Center $2,488.87; Capital Fund $5,953.48;
Swimming Pool Fund $5,500.00; Golf Course Fund $28,300.51; Recreation Center Fund
$1,107.29; Gun Range Fund $3,046.00; Edinborough Fund $20,697.54; Utility Fund
$6,634.21; Storm Sever Utility $495.00; Liquor Dispensary Fund $49,475.38;
Construction Fund $180,451.42, TOTAL $492,005.21 and for confirmation of payment of
the following claims as shown in detail on the Check Register dated 3/31/91 and
consisting of 16 pages: General Fund $469,339.78; Communications $2,575.76; Art
Center $1,368.47; Swimming Pool Fund $5,383.47; Golf Course Fund $12,909.32;
Recreation Center Fund $10,369.71; Gun Range Fund $455.05; Edinborough Park
$10,664.75; Utility Fund $20,066.12; Storm Sever Utility $556.99; Liquor Dispensary
Fund $189,153.90; TOTAL $722,843.32.
Motion carried on rollcall vote, five ayes.
Motion was made by Member Paulus and vas seconded by Member Smith to
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 8:43 P.M.
City Clerk