HomeMy WebLinkAbout19930907_regularMINUTES
OF THE REGULAR MEETING OF TBE
ED= CITY COUNCIL HELD AT CITY HALL
SEPTEMEER 7, 1993
R0I;LCBI;L Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
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CONS= AGENDA ITEMS APPROVED
by Member Smith to approve and adopt the Council Consent Agenda items as
presented.
Motion was made by Member Kelly and was seconded
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
EDIW ABC FOUNDATION DAY PROCLAIMED Mayor Richards presented the following
proclamation which was unanimously adopted on motion of Member Smith, seconded by
Member Kelly:
WHEREAS, the Edina dBC Foundation has, slnce its formding in 1971, provgded
exceptional educational opportunities within Edina Schools for nearly 100
disadvantaged minority students;
WHEREAS, the activities and accomplishments of the Edina ABC Foundation have
immeasurably contributed to the social foundations of Edina schools and the
broader comity;
WHEREAS, the Edina ABC Foundation has and continues to benefit program providers
and recipients equally and significantly;
WHEREAS, the Edina Foundation and Scholars have inestimably enriched the
community and enhanced Edina's cultural diversity:
W3EWUS, many Edina ABC Foundation Scholars remain in or return to Edina, further
enhancing the cultural richness of the community; and
WHEREAS, the Edina ABC Foundation has received local and national acclaim for its
splendid program and success.
NOW, THEBEFORE, I Frederick S. Richards, as Mayor of the City of Edina, do hereby
proclaim the eleventh day of September, 1993, to be
ED= ABC FOUNDATION DAY
in the City of Edina, and urge all Edina residents to join vith me in dy
velcoming the Edina ABC Foundation Scholars to the Edina schools and community.
A PROCLAMATION.
The proclamation was accepted by Gardner Gay, Director, on behalf of the ABC
Foundation.
CONSTITUTION WEEK PROCLAIMED Mayor Richards presented the folloving proclamation
which was unanimously adopted on motion of Member Paulus, seconded by Member
Kelly:
WHEREAS, it is a privilege and duty of all Americans to commemorate the tm
hundred sixth anniversary of the drafting of the Constitution of the United
States of America with appropriate ceremonies and activities; and
WHEREAS, Public I.aw 915 guarantees the issuance of a proclamation by the
President of the United States of America, designating September 17 through 23 as
Constitution Week;
TBEBEFORE, I, Frederick S. Richards, by virtue of the authority vested in me as
Mayor of the City of Edina, do hereby proclaim the week of September 17 through
PROCL€iMATION
CONSTITUTION VEEK
I 23 as
in the City of Edina and urge all citizens to reflect during that week on the
many benefits of our Federal Constitution and American Citizenship.
IN UITl9ESS VBEBEOF, I have hereunto set my hand and caused the Seal of the City
9/7/93
of Edina to be affixed this 7th day of September in the year of our Lord on
thousand nine hundred and ninety-three.
The proclamation was accepted by Florence Norback on behalf of the Daughters of
the American Revolution.
*MINUTES OF RFXNIAR mTING OF AUGUST 16 AND SPECIAL MEETINGS OF AUGUST 16. AND
23, 1993 APPROVED Motion vas made by Member Kelly and vas seconded by Member
Smith to approve the Council Minutes of the regular meeting of August 16, 1993,
and special meetings of August 16 and August 23, 1993.
Motion carried on rollcall vote - five ayes.
. PIHBL PIAT. AHENDMEIW To 09ERAI.L DEVELO- PIAN FOR C- TAKES. AND FINAL
SITE PUN APPROVED FOR CANTINA DEL RIO (PARCEL 6. C- IAKES2
Presentation bv Planner
Planner Larsen recalled that the subject property is located in the southwest
quadrant of Minnesota Drive/Edinborough Way and is part of the Centennial Lakes
master plan.
one-half acre is in Edina.
improvements for the Cantina del Rio restaurant are within the City of
Bloomington.
The total site area is approximately 3.2 acres of which only about
The majority of the property and the proposed
On August 2, 1993, the Council granted preliminary plat approval. At the meeting
of August 16, 1993, Council delayed action on the amendment of the overall
development plan for Centennial Lakes and final site plan approval for the
proposed restaurant because Tyler Abram, representing Cantina del Rio, was unable
to be present to respond to questions raised by the Council.
meeting the Council received information from the City Sanitarian regarding the
noise issue and from Police Chief Bernhjelm addressing the subject of
enforcement.
However, at that
Planner Larsen presented graphics depicting proposed signage for the restaurant,
noting that the signage has been reviewed and approved by the City of
Bloomington. The proposed signage for the front entrance facing northerly would
comprise 55 square feet, with the restaurant name of sheet metal letters painted
red overlaid with red neon, plus smaller additional painted graphics.
signage for the east and west elevations would comprise 28 square feet with
similar painted graphics.
conforms to the Edina sign ordinance requirements for the Mixed Development
District.
Additional
Staff has reviewed the sign package and found that it
Staff would recommend approval of the amendment to the Overall Development Plan
for Centennial Lakes, approval of the Final Site Plan and Final Plat approval
conditioned on a subdivision dedication based on raw landvalue of $125,000.00.
Presentation by ProDonent
Tyler Abram, representing the developer Bob Evans Farms, apologized for his
absence at the Council Meeting of August 16 due to unavoidable travel delays and
said he would respond to further questions.
Member Smith asked what the restaurant would do if the maximum noise levels were
exceeded. In response, Mr. Abram referenced his letter dated August 9, 1993,
binding his company to develop the restaurant's stereo system to a noise level
that would not exceed the code requirements.
on the patio would be switched so that they could be turned off if necessary.
explained that there would be no outdoor speakers and that the building would be
an enclosed solarium type of structure with doors that could be opened to convey
a patio atmosphere.
In addition, he said the speakers
He
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Member Rice asked what hours the signage would be illuminated. Mr. Abram
responded that normal hours of operation would be from 11:OO A.M. to 1:OO A.M.
Mayor Richards then called for public comment on the proposed restaurant
development.
Member Smith made a motion for adoption of the folloving resolution:
No comment or objection was heard.
RESOLUTION APPROVING AMENDMENT TO
AND APPROVJXG FINAL SITE PLbw FOR CANTIHA DEL RIO
I
OVERALL DE'VEWIPHEWC PIAH FOR C- IAKES
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the
Overall Development Plan for Centennial Iakes (Outlot F, South Ed- Development
Addition) is hereby amended to allow development of the Cantina del Bio
restaurant as presented at the regular meeting of the City Council of
September 7, 1993;
BE IT FURTHER RESOLVED that the Final Site Plan for Cantina del Bio restaurant is
hereby approved. Motion was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Member Smith then moved adoption of the following resolution, subject to: 1)
payment of subdivision dedication in the amount of $10,000.00, and 2) letter
binding Cantina del Bio to comply with the City's noise ordinance requirements:
RESOLUTION APPROVILUG FINAL PLAT
APPROVAL FOB CANTIHB DEL RIO
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "CANTIHB del RIO", platted by Kenneth M. Anderson, as
personal representative of the estate of Fred U. Hedberg, an undivided 91,438,
and John U. Hedberg and Jean M. Hedberg, husband and wife, an undivided 8.573,
and presented at the regular meeting of the City Council of September 7, 1993, be
and is hereby granted final plat approval. Motion was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
ED= CHAMBER OF COMMERCE INTRODUCES NEW DIRECTORY On behalf of the Edina
Chamber of Commerce, Keith Hilgendorf, Executive Director, introduced its new
Edina Directorv to be published annually.
a membership directory, will be a resource guide for Edina citizens and for the
Edina public schools and will also be utilized in responding to inquiries on
relocation to Edina.
He said the publication will serve as
*LOT DIVISIONS APPROVED FOR LOTS 1 TEROUGH 8. BLOCK 1. VERNON HII& Motion was
made by Member Kelly and vas seconded by Member Smith for adoption of the
following resolutions:
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
That part of Lot 1, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies westerly of a line drawn parallel with the east line of
said Lot 1 from a point on the north line of said Lot 1 distant 49.16 feet
westerly from the northeast corner of said Lot 1.
and
That part of Lot 1, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies easterly of a line drawn parallel with the east line of
said Lot 1 from a point on the north line of said Lot 1 distant 49.16 feet
westerly from the northeast corner of said Lot 1.
RESOLUTION
Lot 1, Block 1, VERNON HILL, and
9/7/93
WHEREAS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City will create an unnecessary hardship and said Parcels as separate
tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 850 and 810;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance Nos. 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Code Section 810 and Code Section 850 and subject to the limitations set
out in Code Section 850, and said ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the
provision that no 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.
ADOPTED this 7th day of September, 1993.
msoLuTIoN
WHEREAS, the following described property is at present a single tract of land:
TJHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
That part of Lot 2, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies westerly of a line drawn parallel with the west line of
said Lot 2 from a point on the north line of said Lot 2 distant 51.17 feet
easterly from the northwest corner of said Lot 2.
and
That part of Lot 2, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies easterly of a line drawn parallel with the west line of
said Lot 2 from a point on the north line of said Lot 2 distant 51.17 feet
easterly from the northwest corner of said Lot 2.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City will create an unnecessary hardship and said Parcels as separate
tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 850 and 810;
NOW, TEEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance Nos. 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Code Section 810 and Code Section 850 and subject to the limitations set
out in Code Section 850, and said ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the
provision that no 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.
ADOPTED this 7th day of September, 1993.
Lot 2, Block 1, VERNON HILL, and
RESOLUTION
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcelsf@) described as follows:
That part of Lot 3, Block 1, VERNON HIU, according to the recorded plat
thereof, which lies westerly of a line drawn parallel with the west line of
said Lot 3 from a point on the north line of said Lot 3 distant 49.02 feet
easterly from the northwest corner of said Lot 3.
Lot 3, Block 1, VERNON HILL, and
9/7/93
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and
That part of Lot 3, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies easterly of a line drawn parallel with the west line of
said Lot 3 from a point on the north line of said Lot 3 distant 49.02 feet
easterly from the northwest corner of said Lot 3.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City will create an unnecessary hardship and said Parcels as separate
tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 850 and 810;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance Nos. 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Code Section 810 and Code Section 850 and subject to the limitations set
out in Code Section 850, and said ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the
provision that no 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.
ADOPTED this 7th day of September, 1993.
RESOLUTION
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
That part of Lot 4, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies westerly of a line drawn parallel with the west line of
said Lot 4 from a point on the north line of said Lot 4 distant 49.02 feet
easterly from the northwest corner of said Lot 4.
and
That part of Lot 4, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies easterly of a line drawn parallel with the west line of
said Lot 4 from a point on the north line of said Lot 4 distant 49.02 feet
easterly from the northwest corner of said Lot 4.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City will create an unnecessary hardship and said Parcels as separate
tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 850 and 810;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance Nos. 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Code Section 810 and Code Section 850 and subject to the limitations set
out in Code Section 850, and said ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the
provision that no 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.
ADOPTED this 7th day of September, 1993.
Lot 4, Block 1, VERNON HILL, and
RESOUTTION
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
Lot 5, Block 1, VERNON HILL, and
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parcels (herein called "Parcels") described as follows :
That part of Lot 5, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies westerly of a line drawn parallel with the west line of
said Lot 5 from a point on the north line of said Lot 5 distant 49.03 feet
easterly from the northwest corner of said Lot 5.
and
That part of Lot 5, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies easterly of a line drawn parallel with the west line of
said Lot 5 from a point on the north line of said Lot 5 distant 49.03 feet
easterly from the northwest corner of said Lot 5.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City will create an unnecessary hardship and said Parcels as separate
tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 850 and 810;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance Nos. 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Code Section 810 and Code Section 850 and subject to the limitations set
out in Code Section 850, and said ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the
provision that no 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.
ADOPTED this 7th day of September, 1993.
BEsoupTIol!l
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
That part of Lot 6, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies westerly of a line drawn parallel with the west line of
said Lot 6 from a point on the north line of said Lot 6 distant 49.03 feet
easterly from the northwest corner of said Lot 6.
and
That part of Lot 6, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies easterly of a line drawn parallel with the west line of
said Lot 6 from a point on the north line of said Lot 6 distant 49.03 feet
easterly from the northwest corner of said Lot 6.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City will create an unnecessary hardship and said Parcels as separate
tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 850 and 810;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance Nos. 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Code Section 810 and Code Section 850 and subject to the limitations set
out in Code Section 850, and said ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the
provision that no 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.
ADOPTED this 7th day of September, 1993.
Lot 6, Block 1, VERNON HIU, and
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9/7/93 7
RESOLUTION
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called described as follows :
That part of Lot 7, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies westerly of a line drawn parallel with the west line of
said Lot 7 from a point on the north line of said Lot 7 distant 49.03 feet
easterly from the northwest corner of said Lot 7.
and
That part: of Lot 7, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies easterly of a line drawn parallel with the west line of
said Lot 7 from a point on the north line of said Lot 7 distant 49.03 feet
easterly from the northwest corner of said Lot 7.
WHEREAS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City will create an unnecessary hardship and said Parcels as separate
tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 850 and 810;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance Nos. 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Code Section 810 and Code Section 850 and subject to the limitations set
out in Code Section 850, and said ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the
provision that no 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.
ADOPTED this 7th day of September, 1993.
Lot 7, Block 1, VERNON HILL, and
RESOLUTION
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
That part of Lot 8, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies westerly of a line drawn parallel with the west line of
said Lot 8 from a point on the north line of said Lot 8 distant 33.36 feet
westerly from the northeast corner of said Lot 8.
and
That part of Lot 8, Block 1, VERNON HILL, according to the recorded plat
thereof, which lies easterly of a line drawn parallel with the west line of
said Lot 8 from a point on the north line of said Lot 8 distant 33.36 feet
westerly from the northeast corner of said Lot 8.
Lot 8, Block 1, VERNON HILL, and
WHEREAS, the requested subdivision is authorized under Code Section 810 and it
has been determined that compliance with the Subdivision and Zoning Regulations
of the City will create an unnecessary hardship and said Parcels as separate
tracts of land do not interfere with the purpose of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 850 and 810;
NOW, THEREFORE,'it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of the second above described Parcels as
separate tracts of land is hereby approved and the requirements and provisions of
Ordinance Nos. 850 and 810 are hereby waived to allow said division and
conveyance thereof as separate tracts of land, but only to the extent permitted
under Code SectioF- 810 and Code Section 850 and subject to the limitations set
out in Code Section 850, and said ordinances are not waived for any other purpose
or as to any other provisions thereof, and further subject, however, to the
9/7/93 8
provision that no 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.
ADOPTED this 7th day of September, 1993.
\ I Motion carried on rollcall vote - five ayes.
*CDBG YEda XIX SwRECIPIXBiT Am APPROVED Motion vas made by Member Kelly
and was seconded by Member Smith for adoption of the folouing resolution:
RESOLUTIOH AUTHORIZING MAYOR AND CITY HARAGEE.
TO EXECUTE A- VITH
~~ COUPJTP FOR THE UaBBN HE"EPm COUNTY
CO- DEVELOPIERJ! BLOCK GRAXC PR-
VHEBEBS. the City of Edina has executed a Joint Cooperation Agreement with
Hexmepin Counq for the purpose of participating in the 1993 (Year XIX) Urban
Hennepln County Community Development block grant program; and
WHEREAS, Hexmepin County is the recipient of an annual grant from the U.S.
Department of Housing and Urban Development for purposes of the program, and the
City is a recipient under the program and receives a share of the grant; and
VHEBEBS, program regulations require that the City and County execute a
Subrecipient Agreement vhich sets forth the specific implementation processes for
activities to be undertaken vith program funds;
NOW, THEBEFORE, BE IT RESOLVED that the Edina City Council hereby authorizes and
directs the Mayor and City mger to execute the Subrecipient Agreement on
behalf of the City.
ADOPTED this 7th day of September, 1993.
Motion carried on rollcall vote - five ayes.
*HEARRiG DATE SET FOR
seconded by Member Smith setting September 20, 1993, as hearing date for the
following planning matter:
HATTER Motion was made by Member Kelly and was I 1)
Motion carried on rollcall vote - five ayes.
Prelkinary Plat Approval - Amendment to Overall Development Plan and
Final Site Plan Approval for Parcel A - Centennial Lakes
*BID AWARDED FOR PN'ElJMATIC ASPHALT ROIJXR Motion was made by Member Kelly
was seconded by Member Smith for award of bid for a nine-wheeled rubber tired
asphalt roller to recommended low bidder, Ziegler, Inc., at $38,655.00.
and
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOB ClX ROTARY AIR COMPJlESSOR Motion vas made by Member Kelly and
vas seconded by Member Smith for award of bid for a 160 CFLI rotary air compressor
to recommended lov bidder, Aspen Equipment, at $9,565.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ONE TON TRUCK Motion was made by Member Kelly and was seconded
by Member Smith for avard of bid for a one ton truck for the Park Department to
recommended low bidder, Polar Chevrolet, at $13,279.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR MOTOROLA HINITOR RECEIVER PAGERS Motion vas made by Member
Kelly and was seconded by Member Smith for award of bid for 12 Motorola minitor
receiver pagers to Capitol Communications, at $5,763.78, through state fire
agencies consortium contract.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR PRODUCTION SERVICES FOR ABOUT Tom SUMMER ISSUE Motion was made
by Member Kelly and was seconded by Member Smith for avard of bid for production
services for the sunnner issue of About Tom to J. Patrick Moore at $12,000.00.
Motion carried on rollcall vote - five ayes.
9/7/93
9
*CHANGE ORDER #I4 APPROVED FOR BRAEMAR GOLF COURSE
Kelly and vas seconded by Member Smith to approve Change Order No. 8 in the
ammmt of $56,736.00 for Braemar Golf Course corktruction contract awarded to
Arnt Construction Co., Inc.
EJZARING DATE OF 10/4/93 SET FOR SbNDAY BEER AND WINE SALE HOURS
recalled that a request was>,made by a on-sale wine licensee that the Council
consider holding a public hearing on Sunday beer and wine sale hours.
Council had asked staff to determine if wine and beer sales were being made
before noon on Sundays in violation of State Statute. Upon investigation eight
restaurants were found to be in violation.
wine or beer license were then notified to discontinue any sale of beer or wine
before noon on Sundays. If the Council desires to consider modifying Sunday sale
hours, staff would recommend setting a hearing date of October 4, 1993.
Motion was made by Member
Motion carried on rollcall vote - five ayes.
Manager Rosland
The
All restaurants holding an on-sale
Discussion followed on how to communicate the date and purpose of the hearing to
those who may be affected by any change in the City's ordinance.
the Council directed staff to mail notice to all licensees, churches and the
Chamber of Commerce and to publish notice in the Edina Sun-Current.
By consensus,
Member Kelly then made a motion setting October 4, 1993, as date for public
hearing to consider modifying the ordinance regarding Sunday beer and vine sale
hours. Motion was seconded by Member Smith.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
RECYCLING CEJ9TER TO BE CLOSED AS OF 11/01/93
informed Council that the operation of the Recycling Center has been discussed
many times by the Recycling and Solid Waste Commission, with the goal of closing
at some future date when it seemed to be no longer needed.
in the paper trailer, with damages totaling $834.00, and was a reminder of the
problems, risks and costs involved in operating the Center and prompted the
Commission's recommendation to close the Recycling Center on November 1, 1993.
Recycling Coordinator Chandler
The August 5th fire
In June, Commission representatives interviewed Recycling Center visitors on
three separate days. Of the 25 visitors, 22 were from Edina; the majority were
from single-family homes, two were from apartments and one from a business.
gave a variety of reasons for coming to the Center, e.g. force of habit, missed
the regular pickup, didn't know office paper was picked up or had an lloverflowll
of materials.
prefer to use the Recycling Center on occasion, most would not be seriously
inconvenienced by its closure.
They
The Commission concluded that, even though some residents like or
In response to Mayor Richards, Coordinator Chandler said the vote to close the
Center was unanimous, with one member absent. She added that on October 1, 1993,
Hennepin County is opening a new household hazardous waste and recycling center
in the City of Bloomington. Any Edina residents who prefer taking recyclables to
a center would have that location as an option. This would also be an option for
any apartment buildings who do not have recyclables picked up by a hauler.
Member Paulus made a motion to approve the recommendation of the Recycling
Commission that the Edina Recycling Center be closed on November 1, 1993, and
that signage be posted with information about the new Bloomington center.
was seconded by Member Smith.
Motion
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*J3EXRING DATE OF 10/4/93 SET FOR LEVYING OF SPECIAL ASSESSMENTS Motion was made
9/7/93 10
by Member Kelly and vas seconded by
hear- date for levying of special
Motion carried on rollcall vote -
Member Smith setting October 4, 1993, as
assessments for public improvements.
five ayes. I *IilHRJNG DATE OF 10/4/93 SET FOR EBSEMEWI' VACATIONS ON LOT 9 AND PART OF LOT 10,
BLOCK 1. CHEROKEE HII;IS
Member Smith for adoption of the following resolution:
Motion was made by Member Kelly and was seconded by
RESOLUTION CATJJXG FOR PUBLIC €JEARR?G ON
VACATION OF EASEMENTS FOR DRAINAGE AND STORM SEvpla PUBPOSES
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Hhnesota, as follous:
1. It is hereby found and determined that the following described easements for
drainage purposes and storm sewer purposes should be considered for vacation, in
accordance with the provisions of Minnesota Statutes, Sections 412.851 and
. .160.29:
Drainage Easement:
That part of Lot 9 and that part of Lot 10, Block 1, Cherokee Hills, lying
Southerly of a line drawn from the Southeast corner of said Lot 10 to a
point on the Westerly line of said Lot 10, distant 25 feet Northerly of the
Southwest corner thereof, lying vithin a 20 foot vide strip of land the
centerline of vhich is described as follows:
West line of Lot 10, vhich point is 32 feet, more or less, Northerly of the
Southwesterly corner of said Lot 10; thence Southeasterly to a point on the
South line of said Lot 10, vhich point is 70 feet, more or less, Easterly
of the Southwesterly corner of said Lot 10; thence Southeasterly to a point
on the South line of Lot 9, vhich point is 20 feet, more or less, Westerly
of the Southeasterly corner of said Lot 9.
Storm Sewer Easement:
That part of Lot 9, Block 1, Cherokee Hills, Hennepin County, Minnesota
which lies northerly and northeasterly and vithin 3 feet of the Southerly
and Southwesterly lines of the following described easement:
A 20 foot strip of land, the centerline of which is described as follows:
Beginning at a point on the vest line of Lot 10, Block 1, Cherokee Hills,
which point is 36.7 feet north of the Southwest corner of said Lot 10;
thence southeasterly to a point on the South line of said Lot 10, which
point is 55 feet West of the Southeast corner of said Lot 10; thence
Southeasterly to a point on the South line of said Lot 9, which point is 12
feet Vest of the Southeast corner of said Lot 9, as shown in Document No.
1199507.
Beginning at a point on the
I
2.
included in paragraph 3 hereof for the purpose of holding a public hearing on
vhether such vacations shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a reek for ttro reeks, in the Edina
Sun-Current, being the official newspaper of the City, the first publication at
least 14 days prior to the date of such hearing and to post such notice, at least
14 days prior to the date of such hearing, in at least three (3) public and
conspicuous places within the City, as provided in Minnesota Statutes, Section
412.851.
This Council shall meet at the time and place specified in the form of notice
Such notice shall be in substantially the following form:
(Official Publication)
CITY OF EDINA
4801 WEST 5OTH STREET
ED=, MINNESOTA 55424
NOTICE OF PUBLIC HEARING
ON VACATION OF EA!3EME"I FOR DRAIWGE PURPOSES
AND PARTIAL VACATION OF EASEMEWI' FOR STORM SEWER PUBPOSES
IN THE CITY OF EDINA
HlmmPIN COUNTY, MINmsoTA
9/7/93 11
NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801 West 50th Street on
October 4, 1993, at 7:OO P.M., for the purpose of holding a public hearing on the
proposed vacation of the following easement for drainage purposes, all as platted
and of record in the office of the Register of Titles in and for Nennepin County:
That part of Lot 9 and that part of Lot 10, Block 1, Cherokee Hills, lying
Southerly of a line drawn from the Southeast corner of said Lot 10 to a
point on the Westerly line of said Lot 10, distant 25 feet Northerly of the
Southwest corner thereof, lying within a 20 foot wide strip of land the
centerline of which is described as follows:
West line of Lot 10, which point is 32 feet, more or less, Northerly of the
Southwesterly comer of said Lot 10; thence Southeasterly to a point on the
South line of said Lot 10, which point is 70 feet, more or less, Easterly
of the Southwesterly corner of said Lot 10; thence Southeasterly to a point
on the South line of Lot 9, which point is 20 feet, more or less, Westerly
of the Southeasterly corner of said Lot 9.
Beginning at a point on the
and on the proposed vacation of a portion of an easement for storm sewer purposes
described as follows:
That part of Lot 9, Block 1, Cherokee Hills, Hennepin County, Minnesota
which lies northerly and northeasterly and within 3 feet of the Southerly
and Southwesterly lines of the following described easement:
A 20 foot strip of land, the centerline of which is described as follows:
Beginning at a point on the west line of Lot 10, Block 1, Cherokee Hills,
which point is 36.7 feet north of the Southwest comer of said Lot 10;
thence southeasterly to a point on the South line of said Lot 10, which
point is 55 feet West of the Southeast comer of said Lot 10; thence
Southeasterly to a point on the South line of said Lot 9, which point is 12
feet West of the Southeast corner of said Lot 9, as shown in Document No.
1199507.
All persons who desire to be heard with respect to the question of whether or not
the above proposed easement vacation is in the public interest and should be made
shall be heard at said time and place. The Council shall consider the extent to
which such proposed easement vacation affects existing easements within the area
of the proposed 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
water 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, for the purpose of specifying, in any such vacation resolution, the
extent to which any or all of any such easement, and such authority to maintain,
and to enter upon the area of the proposed vacation, shall continue.
BY ORDER OF THE EDINA CITY COUNCIL.
Marcella M. Daehn, City Clerk
Motion carried on rollcall vote - five ayes.
FAIRVIEV SOUTHDBLE HOSPITAL TO UNDERTAKE HEALTH NEEDS ASSEStXENT STUDY Mayor
Richards reported that he had met recently with Mark Enger, Administrator for
Fairview Southdale Hospital, who introduced a community needs assessment process
that will be undertaken by Fairview.
Director of Community Health for Fairview Southdale Hospital.
council members, school administrators, and clergy from the five immediate
communities surrounding Fairview Southdale will be interviewed to solicit their
perspective of unmet health needs. Upon completion a final report will be
presented to the Council for planning purposes and to help Fairview develop
responses to some of the unmet health needs that have been identified.
The study will be chaired by Mary Corneals,
City officials,
JOJBJ HARRIS TO BE HONORED FOR UAIXER ClJPm.S. AMATEUR GOLF TOURHAWENT WINS After
brief discussion, the Council by consensus asked the Mayor and Manager to work on
9/7/93 .. 12
an appropriate honor for John Harris of Edina for his successes in winning the
Walker Cup Golf Tournament and the U.S. Amateur Golf Tournament.
SOUTBVEST SUBURBAN CAB= COMMISSION ACTION NOTED As City representative on the
Southwest Suburban Cable Commission (SWSCC), Member Smith reported that the most
significant provision in the 1992 Cable Act is the re-regulation of rates.
informed Council that he had voted for rate re-regulation as had the
representatives of the other four cities of SWSCC.
published and customers being billed after August 27, 1993 will be notified of
the new rates.
He
The new rates are being
Member Smith said he did not vote to support a second element of the 1992 Cable
Act - that of regulating the customer service aspect because since Wayne Knighton
has become Paragon's general manager they have exceeded the mandated standards
for customer service.
Under the re-transmission consent portion of the Act, cable companies must
negotiate with local stations by October 6, 1993, for permission to carry their
channels. The Federal Communications Commission is the agency that is developing
the rules to implement the 1992 Cable Act.
DEDICATION OF CBHII;L SE- H0"T SET FOR 10/14/93
reported that the Cahill Settlement triangle monument, located at 70th Street and
Cahill Road, has now been completed.
be held on September 14, 1993, at 6:OO P.M. and that representatives of the
Council, the Park Board, the Heritage Preservation Board and the Historical
Society be present at the dedication ceremony.
staff recommendation.
HE3RlXG DAE OF 10/4/93 SET FOR ISSUANCE BY CITY OF IfIMWAPOLIS OF FAIRVJXU
HOSPITAL BONDS Manager Rosland explained that by letter dated September 1, 1993,
Fairview Southdale Hospital is asking the Council to call a public hearing on
October 4, 1993, on the issuance of revenue bonds to finance a number of
improvements. The City of Minneapolis will actually be responsible for the bond
sale since the majority of the capital improvements relate to Fairview Riverside
Medical Center and only a small portion of the sales proceeds will be used for
improvements at Fairview Southdale.
The issuance by Minneapolis of the bonds to finance improvements at Fairview
Southdale Hospital requires the consent of the Edina City Council and prior to
the giving of such consent, a public hearing fo be held by the Council is now
required by a change in law.
the unpaid balance each year that the bonds are outstanding and the City would
also participate in the refunding issue.
Manager Rosland
Staff would recommend that the dedication
The Council concurred with the
The City of Edina will realize one-fourth of 1% on
Mark Enger, Vice President and Administrator of Fairview Southdale Hospital,
explained that the major improvement proposed to be financed at Fairview
Southdale would be the acquisition and conversion of 6400 France Avenue into an
employee parking lot, previously approved for rezoning by the Council.
addition, plans call for renovation of the central processing facilities for the
entire Fairview organization, replacement of patient beds and upgrading of the
vascular laboratory.
In
Member Smith introduced the following resolution and moved its adoption:
RESOLUTION GALTZNG FOR A WBLIC HEARING ON AN
ISSUE OF BEVENUE BONDS OX? BEEIAI.3 OF
FAIRVIEU HOSPITAL BPJD HEhLTHcBaE SEBVICES
BE IT RESOLVED by the City Council of the City of Edina, Hinnesota (the
City), as follows:
.,. 9/7/93
13
1. Fairview Hospital and Healthcare Services, a Minnesota nonprofit
corporation (Fairview), has advised this Council of its desire to (i) finance the
construction and improvement of certain facilities of Fairview located in the
City (the Edina Project), (ii) refund the outstanding Hospital System Revenue
Bonds, 1978 Series A (Fairview Community Hospitals) (the 1978 Bonds), previously
issued by the City of Minneapolis, Minnesota (Minneapolis) on behalf of Fairview,
a portion of the proceeds of which were issued to refinance certain outstanding
indebtedness of the Corporation incurred to finance construction, improvement and
equipping of certain facilities of Fairview located in the City, and (iii) refund
the outstanding Hospital System Revenue Bonds, 1989 Series A (Fairview Hospital
and Healthcare Services) (the 1989 Bonds), previously issued by the City on
behalf of Fairview, the proceeds of which were issued to finance the construction
and improvement of certain facilities of Fairview located in the City.
issue revenue bonds (the Revenue Bonds) under the authority of Minnesota
Statutes, Sections 469.152 through 469.165 to, among other things, finance the
Project and refund the 1978 Bonds and the 1989 Bonds.
3. Since the Project, a portion of the facilities financed by the 1978
Bonds and all of the facilities financed by the 1989 Bonds are located in the
City, Section 1313(a) of the Tax Reform, Act of 1986 and Section 147(f) of the
Internal Revenue Code of 1986, as amended and regulations promulgated thereunder,
require that prior to the issuance of the Revenue Bonds, this Council approve the
Bonds and the refunding, after conducting a public hearing thereon. A public
hearing on the proposal to issue the Revenue Bonds to finance the Project and
refund the 1978 Bonds and the 1989 Bonds is hereby called and shall be held on
October 4, 1993, at 7:OO P.M., at the City Hall.
substantially the form attached hereto as Exhibit A, to be published in the Edina
Sun Current, the official newspaper of the City and a newspaper of general
circulation in the City, once not less than 14 days prior to the date fixed for
the public hearing.
September, 1993.
2. Fairview has advised the City that it has requested Minneapolis to
4. The City Clerk shall cause notice of the public hearing, in
Adopted by the City Council of the City of Edina on this 7th
ATTEST :
City Clerk
EXBIBIT A
CITY OF EDINA
4801 VEST 50TH STREET
EDINA, HINNESOTA 55424
NOTICE OF PUBLIC HEARING ON THE ISSUANCE OF aEvEElDE BONDS
UNDER mSOTA STATUTES SECTIONS 469.152 - 469.165
NOTICE IS HEBEBY GXV" that the City Council of the City of Edina,
Minnesota (the City) villmeet on October 4, 1993, at 7:OO o'clock P.M., at the
City Hall, 4801Uest 50th Street, in Edina, Minnesota, for the purpose of
conducting a public hearing on a proposal that the City of Minneapolis, Minnesota
(Hinneapolis) issue revenue bands (the Revenue Bonds) on behalf of Fairview
Hospital and Healthcare Services (the Corporation), in one or more series, under
Minnesota Statutes, Sections 469.152 through 469.165, in order to (i) finance the
construction and improvement of facilities of the Corporation and the acquisition
and installation of certain items of equipment therein (the Project) located at
Fairviev Southdale Hospital, 6401 France Avenue South in the City (the Southdale
Campus), (ii) refund, in whole or in part, the Minneapolis' outstanding Hospital
System Revenue Bonds, 1978 Series A (Fairview Community Hospitals) (the 1978
9/7/93 14
Bonds) which were issued, in part, to refinance certain outstanding indebtedness
of the Corporation incurred to finance construction, improvement and equipping of
certain facilities located on the Southdale Campus and (iii) refund, in whole or
in part, the City's outstanding Hospital System Revenue Bonds, 1989 Series A
(Fairview Hospital and Healthcare Services) (the 1989 Bonds) which were issued to
finance construction, imprmement and equipp3ng of certain facilities located on
the Southdale Campus.
Bevenue Bonds to be issued to finance the Project and refund the 1978 Bonds and
the 1989 Bonds is $39,200,000.00.
city.
The maximum aggregate principal amount of the proposed
The Revenue Bonds will not be issued by the
All persons interested may appear and be heard at the time and place set
forth above, or may file written comments with the City Clerk prior to the date
of the hearing set forth above.
Dated: September 7, 1993.
BY ORDER OF THE CITY COUI!?CIL
Marcella H. Daehn, City Clerk
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
1994 PROPOSED BUDGET AND TAX LEW ADOPTED
public hearing held on August 23, 1993, at 7:OO P.M. no citizens appeared to
comment on the proposed 1994 Budget.
publish a notice in the Edina Sun-Current advising citizens to express their
opinions on the proposed 1994 Budget at the September 7, 1993, regular meeting.
Mayor Richards recalled that at the
Council consensus at that time was to
Mayor Richards then called for comment on or objection to the 1994 Budget as
proposed. No public comment was heard.
Member Smith introduced the folloving resolution and moved its approval:
RESOLUTION ADOPTING PROPOSED BUDGET FOB THE
CITY OF ED= FOR THE YEAR 1994, AND ESTdBLISHIHG
PROPOSED TAX LEW FOR THE YEAR 1994, PAYABLE IN 1994
THE CITY COlJX?CIL OF THE CITY OF EDIEW, MINNESOTA, DOES RESOLVE M FOLLOWS:
Section 1.
proposed as follows:
Section 2.
hereby proposed as follows:
Section 3.
perscjnal property in the Clty of Edina a tax rate sufficient to produce the
amt as follovs:
The Budget for the City of Edina for the calendar year 1994 is hereby
MTAL GElmEAL FUND $15,182,301
Estimated receipts other General Tax Levy, including HAW aid, are
ToTdL ESTIMATED RECEIPTS $ 4,134,750
That there is proposed to be levied upon all taxable real and
FOR GENERAL FUND $11,047,551
City Clerk
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
*CIAIMS PAID Motion was made by Member Kelly and vas seconded by Member Smith to
approve payment of the folloving claims as shovn in detail on the Check Register
9/7/93
15
dated September 1, 1993, and consisting of 34 pages: General Fund $394,488.32;
C.D.B.G. $17,811.18; Communication $4,538.91; Working Capital $5,462.56; Art
Center $11,144.17; Swimming Pool $12,590.37; Golf Course $35,163.45; Ice Arena
$15,389.17; Gun Range $1,072.06; Edinborough/Centexmil Lakes $50,000.65; Utility
Fund $295,209.31; Storm Sewer $11,172.03; Recycling $38,004.60; Liquor Fund
$109,349.24; TOTAL $1,001,396.02.
Motion carried on rollcall vote - five ayes.
There being no further business on the Council Agenda, Mayor Richards declared
the meeting adjourned at 8:OO P.M.
%d/, %. bLk
City Clerk