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HomeMy WebLinkAbout19910415_regular65 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