HomeMy WebLinkAbout19970707_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
JULY 7,1997 - 7:OO P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold and Mayor Smith.
CONSENT AGENDA Motion made by Member Maetzold and seconded by Member Hovland to
approve the Consent Agenda as presented.
Rollcall :
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
RESOLUTION OF CONDOLENCE ADOPTED FOR FORMER MAYOR C. WAYNE COURTNEY
Member Maetzold introduced the following resolution and moved its adoption:
RESOLUTION OF CONDOLENCE
WHEREAS, on the 30th day of June, 1997, death brought to a close the active and
productive life of C. Wayne Courtney; and
WHEREAS, he served the City of Edina, Minnesota beginning in 1962 with the Village of
Morningside Park Board and Village Council, in 1966 as an Edina City Council Member and
finally as Mayor of the City of Edina from 1980 through 1988; and
WHEREAS, he helped govern Edina as it grew from a “village” to a first class
metropolitan suburb of more than 46,000 residents who have recognized and appreciated the
quality of life he strove to achieve for the City; and
WHEREAS, he was instrumental in: developing the cable system, redeveloping the 50th
and France commercial area, re-establishment of volunteers on the Edina Fire Department,
developing the existing park and recreation system, formation of the Edina Historical Society
and development of the Heritage Preservation Board; and
WHEREAS, he was awarded the Civic Service Award from the Community of
Morningside, the Certificate of Merit from the Association of Metropolitan Municipalities, and
the C.C. Ludwig Award for outstanding service from the League of Minnesota Cities; and
WHEREAS, he was involved in a great variety of community and state issues of critical
interest to the City of Edina.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the City of Edina,
Minnesota, does hereby mourn the passing of
and extend condolences to his family.
City Council and that a copy be presented to his family.
Member Hovland seconded the motion.
C. WAYNE COURTNEY
BE IT FURTHER RESOLVED that this resolution be entered in the Minutes of the Edina
ADOPTED this 7th day of July, 1997.
Rol lcal I :
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
UPDATE GIVEN ON 1-494 CORRIDOR COMMISSION Ross Thorfinson, Eden Prairie City Council
Member and Chair of the 1-494 Corridor Commission and Lisa Raduenz, of LJR, Inc., liaison to the
Commission, presented an update entitled, “A New Approach”. Member cities in the Commission are:
Bloomington, Eden Prairie, Edina, Maple Grove, Minnetonka, Plymouth and Richfield. The Mission
Statement for the Commission is, “To promote the reconstruction of 1-494 from the Minnesota River to
1-94 in order to increase its people moving capacity and improve mobility for businesses and
residents throughout the region.” Mr. Thorfinson presented a graph depicting the projected changes
in corridor attributes between corridor communities and the seven county metropolitan area and the
average daily traffic volumes by segment from 1994 on various trunk highways impacting 1-494.
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MinuteslEdina Citv CouncillJulv 7.1997
Five Goals and Strategies were given as follows:
1. To position the 1-494 Corridor in the top of metro area transportation priorities;
2. To secure adequate funding to achieve the mission;
3. To build lanes for buses, ride-sharing and general use;
4. To increase ride-sharing throughout the 1-494 Corridor; and
5. To support and expand economic opportunity in the 1-494 Corridor.
Mr. Thofinson indicated the government officials who represent the Commission are:
Two US. Senators and two U.S. Representatives (40% of delegation)
Nine State Senators and thirteen State Representatives (I 1 % of the legislature)
Four Metropolitan Council Members (24% of the Council)
Four Hennepin County Commissioners (57% of the Board)
Member Hovland made a motion supporting the 1-494 Corridor Commission’s plan entitled, “A
New Approach”, including the five goals and strategies presented. Member Maetzold seconded
the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*MINUTES OF THE REGULAR MEETING OF JUNE 16.1997. SPECIAL MEETINGS OF JUNE 16,
1997 AND JUNE 23. 1997. APPROVED Motion made by Member Maetzold and seconded by
Member Hovland approving the Minutes of the Regular Meeting of June 16, 1997, and Special
Meetings of June 16,1997 and June 23,1997.
Motion carried on rollcall vote - five ayes.
ORDINANCE NO. 850-All ADOPTED - PID. PLANNED INDUSTRIAL DISTRICT TO R-I SINGLE
DWELLING DISTRICT (5229 EDEN AVENUE) Affidavits of Notice were presented, approved and
ordered placed on file.
Presentation by Planner
Planner Larsen informed the Council there had been no changes in the proposed rezoning since the
June 16, 1997 meeting when first reading was granted.
Public Comment
John Menke, 5301 Pinewood Trail, stated the neighborhood residents have no objection to the
rezoning. He requested the neighborhood be informed of any pending developments as soon as
possible to give residents time to understand and react to the potential impact on the neighborhood.
Member Kelly made a motion granting second reading to Ordinance No. 850-AI 1 as
follows:
ORDINANCE NO. 850-A1 I
BY REZONING PROPERTY TO SINGLE DWELLING UNIT DISTRICT R-I
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850)
FROM PLANNED INDUSTRIAL DISTRICT
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
by adding the following thereto:
addition of the following property:
Section I. Subsection 850.06 of Section 850 of the Edina City Code is amended
“The extent of the Single Family Dwelling Unit District, is enlarged by the
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MinuteslEdina Citv CouncillJulv 7.1997
Parcel I : That portion of Lot One, Block One, WANNER ADDITION, also know as 5229
Eden Circle.
The extent of the Planned Industrial District PID is reduced by removing the property
described above as Parcel 1 the PID District."
Section 2. This ordinance shall be in full force and effect upon its passage and
publication.
I
Attest: GLL, Lk.-
Mayor
Member Hovland seconded the motion.
Rol I cal I:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
"FINAL DEVELOPMENT PLAN CONTINUED TO JULY 21.1997. 3917-3929 WEST 50'" STREET
lEDlNA PROPERTIES) Motion of Member Maetzold seconded by Member Hovland to continue
Final Development Plan for 3917-3929 West 50th Street, Edina Properties, to the July 21, 1997
City Council meeting.
Motion carried on rollcall vote - five ayes.
VARIANCE APPEAL DENIAL APPROVED FOR 5908 VERNON AVENUE (DAVID THOMAS)
Assistant Planner Aaker explained the subject property subdivided in 1971 requiring both a lot depth
and frontyard setback variance for development. Variances for the property were reviewed in 1980,
1987, and 1994. In I980 variances were approved by the Zoning Board of Appeals and were upheld
by the Council with Findings. No home was built and the variances lapsed. In 1987 identical variances
were reviewed and denied by the Zoning Board of Appeals based on house design. The 1987 denial
was never appealed to the Council. On July 7, 1994, the Zoning Board of Appeals heard and denied
identical variances based on house design. The City Council upheld the Zoning Board's denial August
I, 1994, after the property owners appealed. The Zoning Board of Appeals heard and denied the
property owners request for identical variances June 19, 1997. Dave Thomas, the property owner is
now appealing the variance denial.
Assistant Planner Aaker noted the frontyard setback variance has been reduced from 28 feet to 4 feet
4 inches. The reduction in the variance does not reflect a design change. The change reflects the
Zoning Board's interpretation (under the City Attorney's direction) of "Established Avenue Frontyard
Setback". An appeal to the Zoning Board, unrelated to this requested established that a frontyard
setback requirement of 30 feet must be maintained if less than 25 percent of lineal frontage on the
street between intersections is occupied by buildings having front setbacks of more or less than 30
feet. Only one home fronts Vernon Avenue between intersections and it has less than 25 percent of
the total lineal frontage along the block. Instead of requiring that the proposed house match the 58
foot setback of the neighbor, the Zoning Board determined (by clarification of the Ordinance from the
City Attorney) that the lot has a frontyard setback requirement of 30 feet.
Member Kelly asked Attorney Gilligan to explain his rationale for assuming a lot depth variance is not
required for the subject property as stated in his written opinion.
Attorney Gilligan explained the subject lot is a platted lot created in 1971 when the City Council
approved a two-lot subdivision. Based upon Attorney Gilligan's review of the City's subdivision
ordinance in effect in 1971, it is his opinion that the approval of the subdivision included an approval
of a variance with respect to the 120-foot lot depth requirement. In approving the subdivision the City
Council created a buildable lot where a single family dwelling unit could be built subject to compliance
with the conditions of the subdivision approval and other requirements of the City's zoning ordinance.
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MinuteslEdina Citv CouncillJulv 7.1997
The City’s process was to consider items such as lot depth, lot width and lot size at the time of
subdivision approval, therefore, the subject lot does not need a lot depth variance since it was
granted when the subdivision was granted.
Attorney Gilligan continued stating the owners of a lot adjacent to the subject property have asserted
that the City may not grant a variance because Mr. Thomas knew of the zoning restrictions when he
purchased the property, and therefore, the hardship is self-created. The Minnesota Court of Appeals
in a decision released earlier this year (Myron v. Cify of Plvmouth, 562 N.W. 2nd 21) held that actual or
constructive knowledge of a zoning ordinance before a purchase of land does not mean that
hardships resulting from a zoning restructuring were self-created within the meaning of the “undue
hardship” requirement. This decision overruled previous decisions of the Court of Appeals which held
that a self-created hardship exists when a person purchases land with knowledge actual or instructive
of zoning restrictions in effect at the time of purchase. Therefore, in the case of the appeal presently
under consideration, the fact that Mr. Thomas may have been aware of the zoning restrictions limiting
development of the Vernon Avenue lot at the time of his purchase of the lot does not bar the City from
granting a frontyard setback variance.
Attorney Gilligan concluded that since no lot depth variance is required to construct a house on the
lot, it is possible to construct the proposed house on the lot in a location that does not require a
variance. However, by granting a frontyard setback variance the house can be located further away
from the property located to the north of the lot at 5540 Dundee Road and lessen the impact of the
house on that property.
Member Faust asked about the backyard setback and the location of the deck. Assistant Planner
Aaker explained that a deck may come within five feet of the property line in the rearyard.
Member Hovland asked about the potential drainage issue relative to the house on Dundee. Assistant
Planner Aaker responded that reviewing drainage is part of the building permit process. Engineer
Hoffman added a permit is not issued that would put more run off onto an adjacent property. He
continued that the proponent would need a survey, from a registered land surveyor showing the
existing drainage before any excavation or building, and a plan showing the proposed method to
handle drainage after the house is built. No permit is issued where it would negatively impact
drainage of adjacent property.
Member Faust questioned whether this house could be built without any variances. Assistant Planner
Aaker replied that yes the proponent has positioned the house parallel to Vernon Avenue and in so
doing requires the frontyard setback variance for the portico. However, the proponent could position
the house parallel to Dundee Road and build the house as designed without needing any variance.
Member Maetzold asked about the bay windows on the proposed house because it appears they
extend into the setback as well as the portico. Assistant Planner Aaker explained bay windows are
allowed to extend into the setback, however, porticos must meet setback or get a variance.
Proponent Presentation
Dennis Trooien, attorney for proponent Dave Thomas, noted that both Mr. Thomas and his son were
in attendance and would answer any questions. Mr. Trooien pointed out that Mr. Thomas could
reposition the proposed house and build it without any variances needed. However, Mr. Thomas, in
an effort to work with the neighbors and the City has rotated the house to parallel Vernon Avenue, he
has eliminated one deck from the rear of the house and reduced the size of the remaining deck, and
he has pushed the house down six feet. Mr. Trooien urged Council grant the four foot four inch front
yard setback variance for Dave Thomas.
Public Comment
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MinuteslEdina City CouncillJulv 7.1997
Sylvia Logerquist, 5540 Dundee Road, expressed concern. Ms. Logerquist stated she recognized the
right of the property owner to develop their land in the manner they choose, however, the proposed
home’s huge elevations raises the following concerns:
1. Drainage - Dundee Road area is a flood zone already and there is concern with the
outcome of disturbing an area that previously absorbed run off.
2. The variance requested is excessive for the lot size.
3. The proposed home is too massive for the lot.
4. The proposed home’s architecture is incompatible for the neighborhood.
5. Steep slope of lot downward to Dundee Road, approximately 14 feet
D
Ms. Logerquist submitted a statement signed by three area neighbors who share her concerns and
oppose granting the requested variance.
Council Discussion/Action
Council briefly discussed the various concerns relative to the requested variance. Questions were
raised regarding City Code, architecture, and massing. Attorney Gilligan noted the City Code does
not govern either architecture or the mass of a structure. The Code does govern lot coverage or the
largest foot print a structure may cover. Mayor Smith noted after the discussion the question before
the Council was whether to grant the four foot four inch variance or to uphold the denial. He added
the proponent could, if the Council denied the variance build the same house repositioned the house
on the lot parallel to Dundee Road. ‘
Member Hovland introduced the following resolution and moved its adoption
RESOLUTION
GRANTING A VARIANCE FROM
THE FRONT YARD SETBACK
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Edina,
Minnesota hereby grants a four foot four inch front yard setback variance to Dave Thomas for
the property located at 5908 Vernon Avenue subject to three conditions:
I. Proponent obtains the necessary curb cut permit from Hennepin County;
2. Drainage plans receive satisfactory review of City staff; and
3. Proponent secures any necessary Watershed District permits.
Adopted this 7th day of July, 1997. Member Maetzold seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
FINAL PLAT APPROVED - DOEPKES ADDITION (5920 WEST 70TH STREET) Planner Larsen
noted the subject property is a developed single dwelling lot with an existing home located on the
southwesterly portion of the lot. The proposed subdivision would create two lots identical in size and
shape. The existing house would encroach on the new lot and would need to be moved, remodeled,
or razed. He concluded stating the final plat is identical to the preliminary plat approved May 19,
1997.
Member Faust introduced the following resolution and moved its adoption:
RESOLUTION
GRANTING FINAL PLAT
APPROVAL TO DOEPKES DIVISION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain
plat entitled, “DOEPKES DIVISION”, platted by Lori Baron, and presented at the regular
meeting of the City Council on July 7, 1997, be and is hereby granted final plat approval with
two conditions:
1. Subdivision Dedication of $14,000 based upon unimproved land Value of $475,000;
2. Payment of Utility Connection Charges.
Rollcall:
Passed this 7th day of July, 1997. Member Hovland seconded the motion.
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MinuteslEdina City CouncillJuly 7.1997
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
HEARING DATE SET OF AUGUST 4.1997. FOR AMENDMENT TO SECTION 815 (ANTENNAS
AND TOWERS) Planner Larsen noted the Council met June 23, 1997, with the radio frequency
consultant. Staff recommends the Council set the public hearing to consider the proposed
amendments to Section 815 of the Code Antennas and Towers. Member Maetzold moved to set
the public hearing date of August 4, 1997, to consider the proposed amendments to Section
815 Antennas and Towers. Mayor Smith seconded the motion.
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*LOT DIVISION GRANTED FOR 6312 HILLSIDE ROAD (PATRICK AND CONNIE FLANERV
Member Maetzold introduced the following resolution, seconded by Member Hovland and
moved its adoption:
RESOLUTION
WHEREAS, the following described tracts of land constitute two developed parcels with
Lots 8 and 9, Block I, VALLEY VIEW HEIGHTS, according to the recorded plat thereof
and situated in Hennepin County, Minnesota, and
WHEREAS, the owners of the above described tracts of land desire to subdivide said
PARCEL ONE: That part of Lot 9, Block I, VALLEY VIEW HEIGHTS, according to the
recorded plat thereof and situated in Hennepin County, Minnesota, lying west of a line
described as beginning on the north line of said Lot 9, distant 33.00 feet west of the
northwest corner; thence southerly to a point on the south line of said Lot 9, distant
26.00 feet west of the southeast corner and there terminating.
PARCEL TWO: Lot 8 and that part of Lot 9, Block I, VALLEY VIEW HEIGHTS,
according to the recorded plat thereof and situated in Hennepin County, Minnesota,
lying east of a line described as beginning on the north line of said Lot 9, distant 33.00
feet west of the northeast corner; thence to a point on the southerly line of said lot 9,
distant 26.00 feet west of the southeast corner and there terminating.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina and said Parcels as separate tracts of land do not interfere
with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina
Code Sections 810 and 850.
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the
conveyance and ownership of said Parcels as separate tracts of land is hereby approved and
the requirements and provisions of Code Section 810 and Code Section 850 are hereby waived
to allow said division and conveyance thereof as separate tracts of land but are not waived for
any other purpose or as to any other provision thereof, and subject, however, to the provision
that 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.
frontage on Hillside Road:,
*
tracts into the following described new and separate parcels:
Passed and adopted this 7th day of July, 1997.
Motion carried on rollcall vote - five ayes.
FIRST READING GRANTED FOR ORDINANCE NO. 1997-8. A MORATORIUM ON I INSTALLATION OF FIBEROPTIC CABLE IN CITY RIGHTS-OF-WAY Assistant Manger Hughes
reminded Council on June 16, 1997, they had considered a proposed agreement with KMC Telecom
Inc., with respect to the installation of fiberoptic cables in portions of the City. Staff recommended
approval of the proposed agreement. After discussion, the City Council directed staff to prepare an
ordinance creating a moratorium on fiberoptic installations until the City had a chance to prepare and
adopt a new right-of-way ordinance consistent with the newly enacted state law.
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MinuteslEdina City CouncillJuly 7.1997
Staff continues to believe the proposed agreement with KMC Telecom provides adequate protection
to the City pending adoption of a new right-of-way ordinance. The proposed agreement provides that
KMC Telecom will agree to comply with any new requirements imposed by the City due to a future
ordinance. The Council could grant an exception to the moratorium ordinance for KMC Telecom as
well as other providers that enter into agreements with the City, similar to that proposed by KMC
Telecom. Staff believes such an exception would allow the provider to commence installation of their
system this summer with little risk to the City. Previous installations of the system have been
approved by the cities of Bloomington, Eden Prairie, Chaska and Chanhassen.
Assistant Manager Hughes said representatives of KMC were present and would briefly describe
fiberoptic technology and their proposal for Edina.
Tricia Breckenridge, Vice President of Business Development for KMC Telecom, stated KMC
proposes to lay 20-25 miles of multiple loop cable through the business community of Edina. Their
installers follow standards set by an impartial group, Belcor/AT&T, the same standards followed by all
fiberoptic providers. She reiterated KMC fully plans to follow all ordinance guidelines and would
provide the City of Edina with detailed mapped plans of their installations, payment of fees and “as-
built” drawings when installation is completed. KMC also agrees to comply with Edina’s ordinance
when it is enacted.
Roy Choates, Director of Construction for KMC Telecom, gave a brief overview of KMC’s installation
procedures. He reiterated the Edina Engineering Department would be furnished mapping plans that
must receive approval before KMC began installation.
Following a brief Council discussion Mayor Smith directed staff to present a draft right-of-way
management ordinance to the Council at their July 21, 1997, regular Council meeting.
Member Maetzold introduced the following ordinance and moved waiver of second reading
and adoption:
I
ORDINANCE NO. 1997-8
AN ORDINANCE PLACING A MORATORIUM ON
ISSUANCE OF PERMITS FOR INSTALLATION OF
CERTAIN TELECOMMUNICATION FACILITIES
IN PUBLIC RIGHTS-OF-WAY
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS
Section I. Purpose. The Minnesota Legislature at its 1997 Regular Session enacted
Minnesota Laws 1997, Chapter 123, which relates to the regulation by local governments of
the location of facilities for transporting telecommunications or other voice or data
information in the public rights-of-way. The City is conducting studies for the purpose of
considering amendment of official controls, as defined in Minnesota Statutes, Section
462.352, Subd. 15, with respect to the regulation of the location of telecommunication facilities
in public rights-of-way pursuant to the authority contained in Minnesota Laws 1997, Chapter
123. However, while the amendments to official controls are being considered, applications
for permits under Section 420 for location of new telecommunications facilities in the public
rights-of-way of the City, continue to be made. Therefore, in order to protect the planning
process and the health, safety and welfare of the citizens of Edina, it is necessary and
desirable to impose the following moratorium pursuant to the authority granted by Minnesota
Statutes, Section 462.355, Subd. 4.
Section 2. Moratorium. From the effective date of this ordinance to and including 120
days following such effective date, subject to earlier termination or extension by the Edina
City Council, the City Council, the Building Official, and the Edina City staff shall not grant any
permits for the installation of telecommunication facilities for any new fiber optic network
system in public rights-of-way of the City.
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MinufedEdha City CouncillJulv 7.1997
ORDINANCE NO. 1997-6 ADOPTED - AN ORDINANCE AMENDING CODE SECTION 155 -
DISPOSAL OF UNCLAIMED PROPERTY Police Chief Bernhjelm reminded Council Ordinance No.
1997-6, an Ordinance Amending Code Section 155, Disposal of Unclaimed Property received First
Reading at the June 2, 1997. He presented the Council with a proposed contract with the City Store,
Inc. The City Store, a non-profit corporation is a cooperative venture between the City of Minneapolis
and the people of the Phillips neighborhood. The City Store qualifies under the requirements of the
State Statute and the proposed ordinance to dispose of property for the City.
Member Kelly moved second reading and adoption of Ordinance No. 1997-6 as follows:
ORDINANCE NO. 1997-6
AN ORDINANCE AMENDING SECTION 155
OF THE CITY CODE TO PROVIDE ALTERNATE
MEANS OF DISPOSING OF UNCLAIMED PROPERTY
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS
Section I. Subsection 155.02 of the City Code is amended to read as follows:
“155.02 Disposal of Unclaimed Property. Any such property which has been in the
custody of the Police Chief for a period of 60 days may be sold in accordance with
either of the methods provided in Subd. I and Subd. 2 of this Subsection. All proceeds
of the sale, less costs attributable to the sale, shall be delivered to the Treasurer and
deposited in a fund entitled “General Fund-Sale of Property”. If the owner of any such
property sold in accordance with this Section shall furnish evidence of ownership
satisfactory to the Police Chief within six months after the date of sale, the Treasurer
shall deliver to said owner the proceeds of the sale of the property less any costs
attributable to the sale.
Subd. I Public Sale. Unclaimed property may be sold to the highest bidder at a public
sale following not less than ten days prior notice published in the official newspaper of
the City.
Subd. 2 Private Sale. The City, at any time and from time to time, may enter into
contracts with nonprofit organizations that have a significant mission of community
service, for the purpose of disposing of unclaimed property through the sale of such
property by such nonprofit organizations. If the City so contracts, unclaimed property
shall be disposed of in accordance with the terms and conditions set out in such
contracts.
155.03 Record. A record shall be kept listing each item of property, the date and
circumstances under which possession by the City was acquired, the date of
publication of notice of public sale if sold pursuant to Subd 1 of Subsection 155.02, the
date the property was transferred to a non-profit organization if sold pursuant to Subd.
2 of Subsection 155.02, the date of sale, and the proceeds of the sale less any costs
attributable to the sale.”
Section 3. Effective Date. Following publication the effective date of this ordinance shall be,
July 16,1997.
Page 8
Section 2. Subsection 155.03 of the City Code is amended to read as follows:
MinuteslEdina City CouncillJulv 7,1997
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Ordinance Adopted.
*AWARD OF BID FOR PARK FENCING AT COURTNEY FIELDS AND PAMELA PARK
CONTINUED TO JULY 21.1997 Motion of Member Maetzold seconded by Member Hovland to
continue the bid award for park fencing at Courtney Fields and Pamela Park to July 21,1997.
Motion carried on rollcall vote - five ayes.
"BID AWARDED FOR WEBER PARK BASKETBALL COURTS RECONSTRUCTION CONTRACT
97-2PK Motion made by Member Maetzold and seconded by Member Hovland for award of bid
for Weber Park basketball courts reconstruction contract 97-2PK to recommended low bidder,
Alber Asphalt Co., at $19,450.00.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR FOUR SNOW BLOWERS FOR SIDEWALK PLOWS Motion made by
Member Maetzold and seconded by Member Hovland for award of bid for four snow blowers
for sidewalk plows to recommended low bidder, Scharber and Sons under State Contract No.
30812282 at $20,034.78.
Motion carried on rollcall vote - five ayes.
*RESOLUTION APPROVED AUTHORIZING AGREEMENT BETWEEN THE CITY OF RICHFIELD
AND THE CITY OF EDINA RELATING TO THE IMPROVEMENT OF WEST 76TH STREET WEST
OF I-35W Motion made by Member Maetzold and seconded by Member Hovland authorizing
approval of the resolution as follows:
RESOLUTION
AUTHORIZING APPROVAL OF AGREEMENT BETWEEN
THE CITY OF RICHFIELD AND THE CITY OF EDINA RELATING TO THE
*
I
IMPROVEMENT OF WEST 76TH STREET WEST OF I-35W
WHEREAS, the City of Edina and the City of Richfield desire to execute a Joint Powers
Agreement for an Improvement Project for West 76th Street west of I-35W; and
WHEREAS, the City of Richfield has proposed resurfacing West 76th Street and related
improvement between I-35W and Xerxes Avenue, extending a short distance into the City of
Edina; and
WHEREAS, both the Cities of Edina and Richfield desire to make the proposed road
resurfacing improvement using Municipal State Aid Funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina:
I. Richfield will be responsible for awarding the construction contract and supervision
of construction of the improvements on West 76th Street under Municipal State Aid
Project Nos. 120-136-12 (Edina) and 157-361-19 (Richfield).
2. Edina and Richfield will share the cost of the Project per the Preliminary Schedule I
(Engineer's Estimate). This schedule will be revised based upon actual construction
costs at the Project completion.
3. The Mayor and City Manager are authorized to execute the Joint Powers Agreement
with the City of Richfield for the Improvement Project for West 76th Street west of I-
35 w.
Adopted this 7th day of July, 1997.
Motion carried on rollcall vote - five ayes.
Page 9
MinuteslEdina Citv CouncilNulv 7.1997
CHICO’S TACOS LICENSES REVOKED Manager Rosland noted the Minnesota Department of
Revenue has sent the City a “Notice of Revocation of License”. After receiving this notification under
MS270.72 the City must take action revoking all licenses held by Chico’s Tacos. The management of
Chico’s Tacos have been notified and are currently taking action. Member Maetzold made a motion
revoking food and 3.2 beer license #50046 and wine license #020-97 for Chico’s Tacos, 7078
Amundson Avenue until the necessary tax clearance has been obtained from the Minnesota
Department of Revenue. Member Kelly seconded the motion.
Ayes:
Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*PETITION RECEIVED FOR BACKYARD REGRADE FOR PROPERTY AT 5042 GREEN FARMS
ROAD Motion made by Member Maetzold and seconded by Member Hovland acknowledging
receipt of a petition for regrading the backyard at 5042 Green Farms Road and to refer it to
Engineering for processing as to feasibility.
Motion carried on rollcall vote - five ayes.
CLAIMS PAID Member Kelly made a motion to approve payment of the foIIowing claims as
shown in detail on the Check Register dated July 1,1997, and consisting of 53 pages: General
Fund $339,887.31 ; Communications $1 6,386.40; Working Capital $23,971.61 ; Art Center
$21,940.86; Swimming Pool Fund $35,732.88; Golf Course Fund $50,987.43; Ice Arena Fund
$17,306.1 8; Gun Range Fund $499.26; EdinboroughlCentennial Lakes $48,286.53; Utility Fund
$398,505.34; Storm Sewer Utility Fund $6,493.41; Liquor Dispensary Fund $308,650.39;
Construction Fund $22,754.24; Park Bond Fund $517,321.82; 1-494 $425.00; TOTAL
$1,809,148.66. Member Maetzold seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Smith declared the meeting
adjourned at 1O:lO P.M.
ity Clerk
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