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HImJ!rEs.
OF TBE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY JULL
JlmE 3, 1991
R0I;LCLU;L Answering rollcall were Members Kelly, Paulus, Rice, Richards. (Member
Smith entered the meeting at 7:11 P.M. after the Consent Agenda was adopted).
COHSENT AGENDA ITEMS ADOPTED
Member Paulus to approve and adopt the Council Consent Agenda items as presented with
the exception of removal of Item V1.C. - Traffic Sip1 Plan Approval - Interlachen
Boulevardflernon Av.
Motion vas made by Member Rice and vas seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Richards
Motion carried.
*MINUTES OF REGULAR MEETING OF HAY 20. 1991. APPROVED Motion vas made by Member Rice
and was seconded by Member Paulus to approve the Council MIiwtes of the Regular
Meeting of Hay 20, 1991, as presented.
Motion carried on rollcall vote, four ayes.
ORDINAXUCE NO. 825-A40 GRANTED FIRST READING (PRELIMINARY REZONING - R-1 TO PCD FOR
3916 AND 3918 VEST 44T8 STREET - DDRR. LTD.1 Planner Larsen recalled that the subject
hearing was continued from May 6, 1991, for preliminary rezoning - R-1 Single Dwelling
Unit District to PCD-1, Planned Commercial District for property at 3926 and 3918 West
44th Street owned by Kenneth Durr of Durr, Ltd. The continuation was granted so that
the proponent could investigate financing options. The proposal remains unchanged as
presented on May 6, 1991 - a two story addition of 10,600 square feet going westerly
from the existing Durr building for a total floor area of 20,100 square feet.
would also be 20 parking spaces added to the site making a total of 28 parking spaces.
There
If the Council grants preliminary approval it should be contingent on two subsequent
actions. An amendment to the Comprehensive Plan would be required to designate the
subject property as Commercial from the current designation of High Density
Residential for the existing Durr building and Low Density Attached Residential for
the westerly two properties.
would also be necessary and would be considered by the Board of Appeals.
A parking variance for 22 spaces as a furniture use
Public Comment:
John Sponsel, 3903-05 Morningside Road, expressed concern that because of the sandy
soil conditions, construction of the retaining wall shown on the proposed landscaping
plan would cause damage to his double garage located five feet from the proposed wall.
Jo Ellen Hurr, representing the Edina Morningside Condominium Association, spoke to
the following concerns about the proposed Durr development:
1) The increase in size by 112% would change the original retail
development scale and flavor of the area. A goal of the 44th/France .
Redevelopment Plan was to provide a transitional buffer for the single
family homes. Mr. Durr's plan does not provide the buffer.
2) Parking variance, if granted, would set a lenient standard for further
redevelopment in the area.
requirements for granting the variance.
3) Setback - Site plan indicates heavy landscaping on the west and north
of the proposed new area.
proponent's property and should not be considered as part of the
landscape buffer provided by the proponent.
The proponent does not meet the hardship
Trees shown to the north are not on the
6/3/91 .. 114
4) If the property is rezoned, would it allow another type of furniture
store that may not be perceived as a good neighbor.
I John Rimarcik, owner of Convention Grill at 3912 Sunnyside Road, spoke in favor of the
proposed Durr property expansion, and said he would be concerned as to what may come
into that property if Mr. Durr cannot expand and chooses to leave.
Wayne Courtney, 4313 Eton Place, said he was concerned about commercial encroachment
into the residential area and did not want to see the commercial area extended on West
44th Street any further than it is at the present time.
Morningside residents have the same concern.
.
He added that many of the
Mayor Richards noted that letters objecting to the rezoning had been received from
DonaldDuth Arndt, 3911 Morningside Road, and Lois/Dennis Lane, 4006 W. 44th Street.
A letter in support of the rezoning was received from Ernest Ring, 3918 W. 44th
Street.
Presentation bv ProDonent
Kenneth Durr, proponent, commented that at the May 6, 1991 meeting he had been
concerned about financing.
locations, has had discussions with finance people concerning their present location
and the new locations, has talked to a broker about potential buyers for the existing
store and the two homes, and has investigated the sale of other owned properties to
finance the project in lieu of bank financing.
first choice’is to make the improvements and stay in Edina.
Subsequently, he has considered three other possible
After considering these options, his
The Planning Commission has recommended approval of the proposed rezoning.
recent redevelopment plan proposal provides for commercial use of the property.
proposed, it is not an intense use of the property.
The most
As
Mr. Durr then addressed comments and questions that have been raised, summarized as
follows :
Concern of Morningside Road resident regarding looking at parking
lot - The lot will be ten feet lower than the top of the hill and will
not be visible from Morningside Road.
Concern regarding damage to garage at 3903-05 Morningside Road - In 36
years of building, they have successfully constructed higher retaining
walls in similar sandy conditions.
Concern about overnight parking lot problems - They want to avoid any
activity in the parking lot that is not related to their business and
any damage would be covered by liability insurance.
Concern by condominium residents about the hill - There are no plans to
change the grade on the hill; Durr, Ltd. does not own the hill.
Devaluation of adjacent properties - Because of the condition of the
existing two homes proposed to be rezoned, the expansion will be an
improvement.
Likes Durr, Ltd. just as it ts - Durr, Ltd. is a use that is
community friendly, is a quiet business and an asset to the community.
Durr concluded by saying that everyone has been appreciative of what Durr, Ltd.
He asked the residents to consider what other uses there might be of
has done to improve the corner and he has heard no criticism from the residents in the
neinhborhood. I theproperty if Durr , Ltd. relocated.
Council Comment
Member Kelly asked if the property were to be rezoned could it be specific as to an
interior design studio.
Ordinance are not that specific. If rezoned to Planned Commercial all uses allowed
within that zoning would be allowed uses, if all other requirements were met.
Attorney Erickson responded that the categories in the Zoning
6/3/91 115 Member Rice asked for clarification on the previous request by the proponent for
public financing assistance.
requested now; the project will be financed privately.
what has happened at 44th/France over the last 10-12 years has all been positive.
Regarding parking, the proposed parking is inadequate and would be even more so in the
future if a more intense use of the property occurred.
on the residential neighborhood, he suggested that the line be drawn at the westerly
property line of the Durr proposal.
proposed project and use.
Mr. Durr responded that none whatsoever is being
Member Rice commented that
As to commercial encroachment
Member Rice concluded by saying he favored the
Mayor Richards recalled that the issue of commercial encroachment on residential was
raised some years ago when the bank on West 50th Street proposed expansion and asked
if some similar action could be applied to the Durr proposal if approved.
Erickson recalled that in addition to the zoning, the City did acquire a strip of land
from the bank on the west side as a buffer to be under the control of the property
owners to the west. He said imposing a conservation restriction would be similar
action.
Attorney
Member Rice made a motion to approve preliminary rezoning from R-1, Single Dwelling
Unit District to PC-1, Planned Commercial District for property located at 3916 and
3918 W. 44th Street, and moved First Reading of Ordinance No. 825-A40 as follows,
conditioned upon: 1) Amendment of the Comprehensive Plan, 2) Execution of a
conservation restriction on the westerly Durr property line to serve as a buffer, and
3) Parking variance be applied for and obtained and be specific to the use as
proposed, so that if uses change so as to require more parking, more parking will have
to be provided to allow such changed uses:
ORDINANCE NO. 825-A40
AN ORDINAJflCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY ADDING TO TJ€E PUHEJED COMMERCIAL DISTRICT (PCD-1)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
folloving thereto:
Section 1.
"The extent of the Planned Commercial District (Sub-District PCD-1) is
Section 6 of Ordinance No. 825 of the City is amended by adding the
enlarged by the addition of the following property:
That part of the West 1/2 of Lot 80 lying South of the North
130 feet thereof, including adjacent 8' of West 44th Street
vacated, Morningside Addition.
That part of the East 1/2 of Lot 80 lying South of the North
130' thereof, including adjacent 8' of West 44th Street
vacated, Morningside Addition.
Sec. 2. This ordinance shall be in full force and effect upon its passage and
publication. Motion for preliminary rezoning was seconded by Member Kelly.
For the record, Mayor Richards clarified that no tax increment financing has been *
granted for the proposed project and that by granting preliminary rezoning approval
the Council would not be attempting to save the 44th/France Tax Increment District.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
First Reading granted.
*BEIIRRJG DATE OF 6/17/91 SET FOR PLANNING MATTERS Motion was made by Member Rice and
vas seconded by Member Paulus setting June 17, 1991, as hearing date for the following
Planning matters:
1) Conditional Use Permit - St. Patrick's Church, 6820 St. Patrick's Lane,
2) Preliminary Plat Approval - Ventana-Jyland Addition - Lot 2, Block 1,
Muir Woods.
Motion carried on rollcall vote, four ayes.
PUBJXC ERARING CONCLUDED: VACATION OF CONSERVATION EASEMENT GRABRZD FOR LOTS 4.5.6,
CLARK'S 2D ADDITION Mayor Richards recalled that the public hearing on the request
6/3/91 .. 116
for vacation of a portion of the conservation easement on Lot 5, Clark's 2nd Addition
had been continued at the last meeting so that an amendment could be drafted and the
proposed conservation easement line could be adjusted across Lots 4, 5, and 6. No
public comment or objection was heard.
Member Smith made a motion directing the Hayor and Manager to sign an amendment to the
conservation easement as to Lots 4, 5, and 6, Clark's 2nd Addition, to evidence of
record the release of the vacated easements below described, and for adoption of the
following resolution:
WEREAS, a resolution of the City Council, adopted the 6th day of May, 1991, fixed a
date for a public hearing on a proposed vacation of easement for conservation
purposes; and
WEREAS, two weeks' published and posted notice of said hearing vas given and the
hearing vas held on the 20th day of Hay, 1991, and concluded on the 3rd day of June,
1991, at vhich time all persons desiring to be heard were given an opportunity to be
heard thereon; and
VHEBEBS, the Council deems it to be in the best interest of the City and of the public
.that said easement vacation be made; and
WEEREAS, the Council has considered the extent to which the vacation affects existing
easements vithin the area of the vacation and the extent to which the vacation affects
the authority of any person, corporation, or municipality owning or controlling
electric, telephone or cable television poles and lines, gas and sewer lines, or vater
pipes, mains and hydrants on or under the area of the proposed vacation, to continue
maintaining the same, or to enter upon such easement area or portion thereof vacated
to maintain, repair, replace, remove, or otherwise attend thereto;
NOW, THEREFORE, BE IT BESOLVED by the City Council of the City of Edina, Hexmepin
County, H€nnesota that the following described portion of the conservation easement be
and is vacated effective as of June 4, 1991:
RESOLUTION VACATING CONSERVATION EASEPIERI:
That part of the conservation easement over, under and across Lot 4, Block 1,
CLARK'S 2HD ADDITION, according to the recorded plat thereof, Hennepin County,
Minnesota, lying northerly of the folloving described line:
Commencing at the southwest comer of said Lot 4; thence on an assumed bearing
of North 00 degrees 02 minutes 46 seconds Vest, along the west line of said
Lot 4, a distance of 221.16 feet to the northwest corner of said Lot 4; thence
North 51 degrees 56 minutes 14 seconds East, along the northwesterly line of
said Lot 4, a distance of 57.95 feet; thence South 50 degrees 26 minutes 08
seconds East 104.71 feet; thence South 81 degrees 39 minutes 06 seconds East
36.80 feet; thence North 49 degrees 05 minutes 15 seconds East 31.03 feet to
the point of beginning of said line; thence South 65 degrees 31 minutes 16
seconds East 14.34 feet to the intersection with the east line of said Lot 4
and said line there terminating.
That part of the conservation easemene over, under and across Lot 5, Block 1,
CIABK'S 2pJD ADDITION, according to the recorded plat thereof, Hexmepin County,
Minnesota, lying northerly of the folloving described line:
Commencing at the southwest corner of said Lot 5; thence on an assumed bearing
of Horth 19 degrees 08 minutes 20 seconds East, along the West line of said
Lot 5, a distance of 210.70 feet to the point of beginning; thence South 65
degrees 31 minutes 16 seconds East 117.50 feet to the intersection with the
east line of said Lot 5 and said line there termhat-.
I That part of the conservation easement over, under and across Lot 6, Block 1,
CIARK'S 2HD ADDITION, according to the recorded plat thereof, Hennepin County,
Minnesota, lying northerly of the folloving described line:
Commencing at the southwest corner of said Lot 6; thence on an assumed bearing
of North 14 degrees 55 mimttes 19 seconds East, along the west line of said
Lot 6, a distance of 155.42 feet to the point of begirming of said line;
thence South 65 degrees 31mimrtes 16 seconds East 37.28 feet and said line
6/3/91 117
there terminating.
The City Clerk is authorized and directed to cause a notice of campletion of
proceedings to be prepared, entered in the transfer record of the County Auditor, and
filed with the County Recorder. in accordance with Minnesota Statutes, Section
412.851.
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paubus, Rice, Smith, Richards
Resolution adopted.
I
CONCERN OF RESIDENTS REGARDING PROPERTY AT 4404 VEST 58TH STREET HEARD
4208 Philbrook Lane, spoke to the letter dated May 31, 1991, and addressed to the
Mayor and Council concerning the property at 4404 West 58th Street on which a crop of
crown vetch was planted in July, 1989, in the backyard facing Philbrook Lane. He
stated that this crop is highly offensive and is a nuisance to the residents in the
neighborhood. The owner does not comply with the City's regulations as to the maximum
height permitted of 12 inches and does not keep it cleared away from the curb face.
He read a letter from Catherine Sheehan, 4308 Philbrook Lane, addressed to the Council
expressing her objections to the crown vetch.
Steve Busch,
Mr. Busch said they had contacted staff of surrounding cities who had said they would
not tolerate this type of vegetation.
Minnesota Horticulture Department who said crown vetch would normally grow to a height
of 3-4 feet.
during the growing season and if not totally cut down in the fall of the year it
becomes a fire hazard. Additionally, the residents are concerned that this will
negatively affect property values. In summary, Mr. Busch said the neighbors are
asking for help from the Council to address this nuisance.
They had also contacted the University of
In order to properly grow this crop it should be cut at least twice
Also speaking in objection were: Jane Swanson, 4408 West 58th Street, who submitted a
letter from Marge Buss, 4400 Philbrook Lane; Helen Nettle, former resident at 4404
West 58th Street; Rodger Jensen, 4420 Philbrook Lane; Pat MacNamara, 4412 Philbrook
Lane; Kurt Pollak 4415 Philbrook Lane; Donald Nelson 4328 Philbrook Lane; Mike Sitek,
4400 West 58th Street; and Don Anderson, 4304 Philbrook Lane.
Mayor Richards commented that, at present it appears, that the property owner is in
compliance with existing laws and City ordinances. With a consensus of the Council,
staff could be directed to draft an ordinance amendment in response to the concerns
that have been expressed.
Following discussion on the subject, the information presented, and given the fact
that the Council generally does not regulate what happens on private property, Member
Kelly made a motion directing staff to bring back on June 17, 1991, additional
information and recommendations as to whether or not the subject vegetation is a
health threat to the community, should be permitted on an entire yard, is visual
pollution, and further information from surrounding communities on how they regulate
this type of growth. Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
IIVOUIRY MADE REGARDING PURCHME OF LAND FROM CITY
advised that he is planning an addition to his house and asked if the City would
Ron Johnson, 6700 Rosemary Lane,
consider vacating public property or selling him approximately 112 square feet to
allow him to construct the addition.
City Planner and go through the formal process on this matter.
Mayor Richards suggested that he work with the
*AWARD OF BID FOR SELF-PROPETLED SKeEPER CONTINUED TO 6/17/91 Motion vas made by
Member Rice and was seconded by Member Paulus to contiwe the award of bid for a self-
propelled sweeper to the June 17, 1991, Council meeting.
Motion carried on rollcall vote - four ayes.
6/3/91 .. 118
BID AWARDED FOR -0- NOS. v11-371 (BROWNDALE AV). STS-210 (BEARD AV). STS-211
(OAKIAWN AV) . STS-213 (VATLEY VIEU BD) . STS-215. EASEMENT TXNE 4603 -WAY DR TO MAIT
IX. AND STS-216. (MIRROR LAKES DRI Engineer Hoffman advised that excellent bids were
received for the 1991 improvement projects that the Council had approved under the
Five Year Storm Sewer Capital Plan at its meeting of February 19, 1991.
out that Storm Sewer Improvement No. 215 was added to provide drainage for two lots on
Annaway Drive. Watermain Improvement No. 371 is a maintenance project to repair a
broken watermain at the Mill Pond.
He pointed
Member Rice made a motion for award of bid for Uatermain Improvement No. UH-371 and
Storm Sewer Improvement Nos. STS-210, STS-211, STS-213, STS-215 and STS-216 to
recommended low bidder, G.L. Contracting, Inc., at $346,844.15. Motion was seconded
by Member Smith.
Rollcall :
Ayes: Kelly, Rice, Smith, Richards
Motion carried.
(Member Paulus was out of the room when rollcall vote was taken.)
*BID AWARDED FOR FIRE DEPARTMENT AMBULANCE Motion vas made by Member Rice and was
seconded by Member Paulus for award of bid for an ambulance chassis to recommended
bidder, Astleford Chassis, at $32,758.00 and for an ambulance module to recommended
bidder, Road Rescue, at $53,989.00 for a total of $86,747.00.
Motion was carried on rollcall vote .- four ayes.
*BID AWARDED FOR AERATOR FOUNTAIN AT BRAEMAR GOLF COURSE Motion was made by Member
Rice and vas seconded by Member Paulus for award of bid for an aerator fountain at
Braemar Golf Course to sole bidder, MTI Distributing, at $6,979.00.
Motion carried on rollcall vote - four ayes.
*BIDS REJECTED FOR POOL RENOVATION/AQUATIC CENTER: PROJECT TO BE RE-BID Motion vas
made by Member Rice and seconded by Member Paulus to reject all bids for the municipal
pool renovation/aquatic center and to rebid the project.
Motion carried on rollcall vote - four ayes.
*I-494 AND 169 PURCHASE OF LAND COMPLETED By memorandum dated June 3, 1991, Planner
Tarsen advised that on May 29, 1991, the City of Edina closed and took title to the 15
acre property at the northeast quadrant of I-494/169 for a purchase price of
$320,000.00 as previously authorized by the Council.
FEASIBILITY REPORT PRESENTED FOR STREET IMPROVEMENT NO. EA-294 (UOODDAIX AV) AND
SIDEUAIX IMPROVEME" NO. S-54 (DE"Y HII3. ROAD): HEXRING DATE SET FOR 6/17/91
Engineer Hoffman informed the Council that the City has received two petitions; one
for street surfacing with concrete curb and gutter and the other for sidewalk.
Locations and estimated cost for the improvements are as follows:
IMPROVEMENT NO. LO CAT ION ESTIMATED COST
BA-294 Wooddale Av from W. 70th St to $97,175.68
(Street Belvidere In; West Shore Dr from
Surf acing) W. 70th St to Dunham Dr; and
Andover Rd from Wooddale Av to
West Shore Dr
s-54 Dewey Hill Rd - Cahill Rd to $22,512.00
(Sidewalk) Delaney Blvd (South Side)
The proposed projects have been reviewed and are considered feasible.
recommend hearing date of June 17, 1991.
assessment and funding for S-54 would be from state aid funds.
explained that the petition requested sidewalk on the north side of Dewey Hill Road.
Because there is a existing park path, staff would recommend sidewalk construction on
the south side of Dewey Hill Road.
Staff would
Funding for BA-294 would be from proposed
Engineer Hoffman
6/3/91
119 Member Rice introduced the following resolutions and moved adoption:
RESOLUTION PROVIDING FOR PUBLIC JBUBING ON
STREET SURFACING IHPROVEl5NT NO. BA-294
1. The City Engineer, having submitted to the Council a preliminary report as to the
feasibility of the proposed Street Surfacing and Sidewalk described in the form of
Notice of Hearing set forth below, and as to the estimated cost of such improvement,
said report is hereby approved and directed to be placed on file in the office of the
City Clerk.
2. This Council shall meet on Monday, June 17, 1991, at 7:OO P.H. in the Edina City
Hall, to consider in public hearing the views of all persons interested in said
improvements.
3. The City Clerk is hereby authorized and directed to cause notice of the time, place
and purpose of said meeting to be published in the official newspaper once a week for
two successive weeks, the second of which publication is to be'not less than three
days from the date of said meeting, and to mail notice to all affected properties in
substantially the following form:
(OFFICIAL PUBLICATION)
CITP OF EDIHb
4801 W. 50TH STBEET
EDINA, lOX"ES0TA 55424
NOTICE OF PTIBLIC HJCARING
STREET SURFACING WITH CONCRE!CE CUBB C GUTTEB
WOODDAIX AVE. FROMU. 70TH ST. TO BELVIDEBE LN;
REST SHORE DR. FROM U. 70TE ST. TO DUNHAM DR; AND
ANDOVER RD. FROM UOODDKLE AVE. TO WEST SHORE DR.
IHPROVEKENT NO. BA-294
The Ed- City Council will meet at the Edina City Hall, on Monday, June 17, 1991, at
7:OO P.M., to consider the following proposed improvements to be constructed under the
authority granted by Minnesota Statutes, Chapter 429.
improvements are estimated by the City as set forth below:
The approximate cost of said
STREET SURFACING WITH CONCBETE
cwB&GuTTEB
IMPROVEMENT NO. BA-294 ESTIMATED COST
Wooddale Ave. from U. 70th St. to $97,175.68
Belvidere Ln; West Shore Dr. from
W. 70th St. to Dunham Dr; and
Andover Rd. from Wooddale Ave. to
West Shore Dr.
The area proposed to be assessed for a portion of the cost of the proposed
improvements includes:
Lots 3 thru 5, Blk. 1, Lots 1 thru 3, Bllc. 2, Lots 1, 2 & 4, Blk. 3, Lots 1 thru 5,
Blk. 5, South Garden Estates 2nd Addition; Lot 1, Blk. 1, Lot 4 thru 9, Blk. 1, Lots 4
thru 10, Blk. 2, Lots 1 thru 7, Blk. 3, and Lot 6, Blk. 4, South Garden Estates; Lots
18 thru 21, Blk. 8, and Lots 1 thru 6, Blk. 9, South Garden Estates 3rd Addition.
These properties are proposed to be assessed at $23.90 per lineal foot.
Marcella M. Daehu
City Clerk
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
SIDEV. IMPROVKME" S-54
1. The City Engineer, having submitted to the Council a preliminary report as to the
feasibility of the proposed Sidewalk described in the form of Notice of Hearing set
forth below, and as to the estimated cost of such improvement, said report is hereby
approved and directed to be placed on file in the office of the City Clerk.
2. This Council shall meet on Monday, June 17, 1991, at 7:OO P.M. in the Edina City
Hall, to consider in public hearing the views of all persons interested in said
improvements.
3. The Ci- Clerk is hereby authorized and directed to cause notice of the time, place
and purpose of said meeting to be published in the official newspaper once a week for
two successive reeks, the second of which publication is to be not less than three
20 6/3/91
days from the date of said meeting, and to mail notice
substantially the folloving form:
(OFpICIbL PUBLICATION)
CITY OF ED=
801 U. 50TH STaeET
to all affected properties in
EDIXA, IIINNESOTA 55424
NOTICE OF PUBLIC HEARING
CONCBETE SIDEWALK
HPRovEMEm! NO. s-54
DEUEY HII;L RD. FROM CXEILL RD. TO DELhp3Ey BLVD. <S. SIDE)
The Edina City Council will meet at-the Edina City Hall, on Honday, June 17, 1991, at
7:OO P.M., to consider the following proposed improvement to be constructed under the
authoriq granted by Minnesota Statutes, Chapter 429.
improvements are estimated by the City as set forth below:
IHPROVEMENT 5-54 DEVEP EJXL RD. - Cahill Rd. to Delaney Blvd. (S. Side)
CONrn!L!E SIDEWALK ESTILIhTED COST
II!lPRovEMEN!r s-54 $22,512.00
The approximate cost of said
The project is proposed to be funded by State AZd funds.
Marcella M. Daehn
City Clerk
Motion for adoption of the resolutions was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolutions adopted.
TBBFFIC SIGNAL PLAN AT INTERIACZIKH BLVD/VEXN ON AV APPROVED
that Hennepin County has submitted a set of plans for traffic control signal
improvement at the intersection of Interlachen Boulevard and Vernon Avenue.
County has asked for a resolution from the Council approving the plans and providing
enforcement for the prohibition of on-street parking.
no cost to the City.
resolution as requested.
Member Rice introduced the following resolution and moved adoption:
UHEEUUS, Plans for Hennepin County Project No. 8729 showing proposed traffic control
signal installation at the intersection of County State A2d Highuay No. 20 and County
State Aid Highway No. 158 vithin the limits of the City, have been prepared and
presentedto the City.
NOU, TEEREFORE, IT IS RESOLVED: That said plans be in all things approved and that the
City agrees to provide the enforcement for the prohibition of on-street parking on
those portions of said Project No. 8729 within its corporate limits.
Motion for adoption of the resolution was seconded by Member Smith.
Engineer Hoffman reported
The
The signal will be installed at
Staff has reviewed the plans and would recommend adoption of the
RESOLUTION
.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*CLUB LtOUOR LICENSE RENEW- APPROVED
seconded by Member Paulus to approve issuance of Club On Sale and Sunday Liquor
Licenses for Edina Country Club and Interlachen Country Club.
Motion carried on rollcall vote, four ayes.
Motion was made by Member Rice and vas
MCAL OPTION SALES TAX DISCUSSED: CONTINUED TO 6/10/91 Manager Rosland informed the
Council that the Board of Hennepin County Commissioners has asked that city councils
express their preference on the local option sales tax (passed by the 1991 state
legislature) and forward a resolution to the County Board by June 11, 1991. The
County must approve or reject the one-half cent sales tax by July 1, 1991, in order
for it to take effect on January 1, 1992.
I
Under the law, an increase in the state sales tax rate of one-half percent
6/3/91
automatically goes into effect July 1, 1991 and automatically expires on Decembcz 31,
1991. For the period after December 31, 1991, the law gives each county board the
option of imposing a one-half percent local sales tax in the county. No city will be
eligible to receive local government aids (LGA) if the county or the majority of the
cities within the county fail to implement the local option sales tax.
If the county decides not to 'impose the local option sales tax for any year, the city,
county and special taxing district governments within the county will not receive
payment of state aids in the following year for:
Homestead and agricultural credit aid (HACA)
Disparity reduction aid and attached machinery aid
Homestead and agricultural credit guarantee
Supplemental homestead credit
Disparity reduction credit
25 percent of the base aid for county human service programs
Local government aid and equalization aid
If LGA to a city or county, or the aid for human service programs and the attached
machinery aid to a county is reduced or eliminated because a county board decides not
to impose the local option sales tax, counties and cities are authorized to increase
their levy limits to make up for the loss of these aids. The loss of the other aids
and credits listed is automatically made up through higher property taxes.
There was discussion on how this would eventually affect real estate taxes, whether
Edina would get any money back from the local sales tax, and how it would affect human
service programs. It was the consensus of the Council that they would need additional
information on these issues before they could make a decision.
he would try to get additional information and this item would be on the agenda for
the Special Council Meeting scheduled for June 10, 1991.
Manager Rosland said
SOUTH HIDWEPIN REGIONAL PLANNING OFFICE ORGANIZATIONAL PIAN DISCUSSED Member Smith
directed the Council's attention to the packet information on the South Hennepin
Regional Planning Office Organizational Plan which has been developed, The plan has
been reviewed by the Edina Human Relations Commission who have endorsed the concept.
On June 5 Commissioners Keefe and Johnson, and Mike Weber will meet to respond to a
presentation of the Plan.
County so that the Plan can be formally presented to the four city councils for.
approval and implementation.
He asked the Council Members to review the Plan so that when it is formally brought to
the Council at the budget hearings they will be prepared to discuss and act on it.
Member Rice asked for information on how someone in need would work through the
system.
It is hoped that there will be a positive response from the
REBATE OF EXCESS TAX INCREMENTS TO EDIHCL SCHOOL DISTRICT APPROVED Manager Rosland
advised that the Edina School District reconditioned the five tennis courts at the
Edina Community Center for a cost of $54,000. This has been discussed in the past
with the Council and there was general discussion at the joint School Board/Council
Meeting several weeks ago. Staff would recommend to take these projects as they come
on a one-at-a-time basis.
tennis instruction program, and the public uses the courts throughout the tennis-
playing year.
increments attributable to the District's 1988 referendum, The rebate for 1991 would
be approximately $20,000 and would come only from the Grandview Tax Increment
District.
The City does use these tennis courts in the summer for its
The School District had previously asked for rebate of excess tax
Attorney Erickson advised that the statute on rebate of excess tax increments is
unclear as to whether, if the City gives a partial rebate, the District can take all
of the increment generated by the District's tax levy or if the City gives a rebate
for one year the District can require the rebate for the full period of the
6/3/91 .. a22
referendum.
conditioned on the School Board's agreeing in its 'resolution for approval that the
payment by the City is only for $20,000 and only for 1991, and that the payment does
not obligate the City to pay any more than $20,000 or for any years other than 1991.
Further, it should be designated as a general rebate and the funds should not be
limited for the purpose of the tennis courts.
Member Smith introduced the following resolution and moved its adoption, subject to
adoption of a resolution by the Edina School Board approving and agreeing to accept
the payment by the Ciq of $20,000 only, and only for the year 1991, and acknowledging
that such time and dollar limits are valid and permitted and that City has no payment
obligation beyond the amount and for the year stated:
aESOUJTION
BE IT RESOLVED that the City Council of the City of Edina, Minnesota, does hereby
approve payment of rebate of excess tax increments in the amount of $20,000.00 from
the Grandview Tax Increment Financing District for the year 1991to Independent School
District No. 273.
Paulus .
If the Council wishes to make the rebate, City approval should be
I
- Motion for adoption of the resolution was seconded by Member
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
CLAlX PAID Motion vas made by Member Rice and vas seconded by Member Paulus to
approve payment of the following claims as shown in detail on the Check Register dated
06/03/91 and consisting of 27 pages: General Fund $264,363.85, Communications $179.30,
Art Center $10,672.57, Capital Fund $1,211.72, Swimming Pool Fund $445.00, Golf Course
Fund $16,583.53, Recreation Center Fund $5,181,62, Gun Range Fund $1,107.57,
Edinborough Park $36,704.25, Utility Fund $248,608.70, Storm Sever Utility $2,023.03,
Liquor Dispensary Fund $4,655.26, Construction Fund $6,216.40, TOTAL $597,952.80.
Motion carried on rollcall vote, four ayes.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 9:31 p.m.
City Clerk