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HomeMy WebLinkAbout19950918_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 18,1995 ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith, and Mayor Richards. CONSENT AGENDA ITEMS APPROVED Motion was made by Member Smith and was seconded by Member Kelly to adopt the Council Consent Agenda as presented. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. DISABILITY EMPLOYMENT AND AWARENESS MONTH PROCLAIMED Motion of Member Kelly was seconded by Member Smith and carried unanimously proclaiming the month of October, 1995, as Disability Employment and Awareness Month in Edina. The proclamation stated that in Minnesota alone, there are 900,000 persons with disabilities, making this the largest minority group in the State. Edinans with disabilities are integral, contributing, productive and valued citizens of this City. The Americans with Disabilities Act and the Minnesota Human Rights Act require most employers to make reasonable accommodations to the known disability of a qualified applicant or employee therefore the month of October is proclaimed to be Disability Employment and Awareness Month in Edina. ABC FOUNDATION RECIPIENT OF NORWEST BANK’S DONATION Jody Leaf and Dennis Meeks of Norwest Bank, Edina, presented the ABC Foundation with a check in the amount of $4 1,000.00 for a van to transport students to community activities. Student, Antoinette Ortiz, Bronx, New York, gratefully accepted the check along with fellow ABC students, Robert Johnson , Oakland, California; Luis Nogueras, Manhattan, New York; and Charlisha Hensley, Cleveland, Ohio. *MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5,1995 Motion was made by Member Smith and was seconded by Member Kelly to approve the Minutes of the Regular Meeting of September 5, 1995. Motion carried on a rollcall vote - five ayes. *PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE EASEMENT CONTINUED TO OCTOBER 2,1995 (LOT 2, BLOCK 1. GRlFFlTH ADDITION, 7032 WEXFORD ROAD) Motion was made by Member Smith and was seconded by Member Kelly continuing the public hearing on vacation of utility and drainage easement to October 2,1995, for Lot 2, Block 1, Griffith Addition at 7032 Wexford Road. Motion carried on a rollcall vote - five ayes. PRELIMINARY REZONING CONTINUED TO OCTOBER 16,1995. R-I SINGLE DWELLING UNIT DISTRICT TO POD-I PLANNED OFFICE DISTRICT (ESPECIALLY FOR CHILDREN - Page 1 MinutedEdina Citv CouncillSeptember 18,1995 I 5015 WEST 70TH STREET) Affidavits of Notice were presented, approved and ordered placed on file. Member Maetzold excused himself from the discussion and vote due to a possible conflict of interest. Presentation bv Planner Planner Larsen explained that the subject property is at 5015 West 70th Street. The property is zoned R-I and developed as a church. Especially for Children, a day care provider acquired the building. Since day care is not a permitted principal use in the R-I district, they propose rezoning to POD-I (Planned Office District). We currently show the property as Quasi-public on the Comprehensive Plan map. The proposed rezoning requires an amendment to the plan to change the use to office. Adjacent uses south of West 70th Street and east of Metro Boulevard are currently shown as office on the map. The proposed development plan includes an addition to the existing building with a floor area of approximately 5,700 feet with design and materials to match the existing structure. Currently, one curb cut exists on West 70th Street, which serves the existing parking lot on the east side of the site. After review by the City Engineer and independent traffic consultants, the proponents wish to have a second curb cut to the site. They have proposed a curb cut design that would align with the existing semaphore on the far west side of the site. Planner Larsen said the plans showed a suggestion of a future office building where the existing parking lot is today. The development of that office building is not in question at this time. If an office building were suggested, it would need to come before the Planning Commission and be approved by the City Council before development could be completed. Planner Larsen pointed out the Planning Commission, at their August 30, 1995, meeting recommended approval of the rezoning subject to: 1) Final Rezoning, 2) Developers Agreement covering cost of intersection and semaphore improvements and 3) Watershed District grading permit. Proponent Comment Ed Kodet, Architect with Kodet Architectural Group, introduced the proponents, Priscilla and Ed Williams who are purchasing the property at 5015 West 70th Street. They are long-term residents of Edina of the neighborhood and currently have a day care at the Edina Community Center. They are losing their lease at the Community Center and wish to continue to meet the needs of their children and clientele. The proposal presents an addition to the existing building of approximately 6,000 square feet and would echo the existing architecture. Mr. Kodet explained that the building has had passive use and is for sale and the location is desirable for the business. Mr. Kodet pointed out that traffic counts on the road are at approximately 21,000 per day. With the proposed use, the traffic count would increase up to 200 more cars per day or less than 1 percent. Research shows that people that use the center live within one and one-half miles of the center. People who live in the area would use the center and also people who office nearby. I Page 2 MinutedEdina Citv Council/SeDtember 18, 1995 The site is a transitional location between offices, multiple-use buildings and residential and offers a good buffer. Mr. Kodet presented boards depicting actual photographs and architectural renderings of the proposed plan. Public CommentConcern Sue Kaiser, 5149 Abercrombie Drive, said she believes a day care center is a great use for the site but does not want a large office building. Traffic is her main concern. She asked how many employees the center would employ during a regular day. Ed Williams, owner of Especially for Children, answered that twenty-five persons would be employed at the center. They would arrive at work between 6:45 and 8:30 A.M. and depart from 3:30 to 6:OO P.M. Ms. Kaiser explored whose responsibility the semaphore is. Engineer Hoffman answered that the signal at 70th and Metro is the City's responsibility. The signal at 70th and the 100 West ramp is the responsibility of the Minnesota State Highway Department along with the on-ramp signals. Harold Lind, 5028 West 70th Street, lives directly across from the church. He does not object to the day care but the traffic is terrific. He would prefer a low-profile building rather than a four- story office building. His realtor told him that a day care would not devalue his property but traffic would. Alan Hohenstein, 5104 West 70th Street, voiced disapproval of the rezoning. The original intent in not including the south side of West 70th Street as an industrial park with the POD-I , was to provide a buffer for residents living on West 70th Street. He believes traffic will only get worse with any change in the area. Lights sweep into the windows now on the north side of West 70th Street and can only get worse. Once they make a change from R-I to POD-I , little opposition would remain with building office buildings. Additionally with a change in use, property would be substantially devalued. Mr. Hohenstein believes any additional tax revenues gained would not be a significant enough factor to approve rezoning. I Delano Remboldt, 5129 Abercrombie, stated strong opposition to the rezoning. Entering 70th Street on weekdays is impossible. Persons exiting Highway 100 and Metro Boulevard onto 70th Street usually do not obey set traffic regulations. Traffic in the area has been called moderate and light use. He asked the Council personally to visit the area during rush hour to see how the neighborhood is being ruined. Laura Arnold, 5032 West 70th Street, asked Council not to support the rezoning. She voiced concern with the proposed curb cut at Metro Boulevard and 70th Street. The accidents in the area are part of her children's entertainment at that intersection now, adding another curb cut would not be a good idea. She requested accident statistics for the comer but the Police were unable to supply them. Ms. Arnold believes residents would cut through the proposed parking lot to avoid the bottle neck that occurs at that intersection. Susie Zazzera, 5145 Danens Drive, said she uses Especially for Children for her day care and works in the area so she would be a duplication person in the traffic count. Traffic exiting Rabun Page 3 MinuteslEdina Citv Council/September 18,1995 I is terrible. She uses an alternate route because of the traffic. Rezoning the area to allow a day care center would not add that many more cars. Dan McMahon, 5100 West 70th Street, repeated the intersection is saturated with traffic, especially trucks which are the real problem. Sybil Wersell, 5124 Tifton Drive, stated you take your life in your own hands every time you exit Rabun. Finding a different route is impossible and time-consuming. They personally have had accidents at each light because traffic does not obey the signs. Posting a police officer at the intersection does not seem like a solution. Trucks are taking advantage of the area by turning onto Rabun and continuing to Tifton, creating a highway like atmosphere in their neighborhood. Diane Perry, 5113 Abercrombie, pointed out that she has been a victim of the comer. She begged the Council not to approve the rezoning and bring children into that high-traffic area. David Ferguson, 5157 Abercrombie, built his home in Edina in 1956. Residents were assured that no entrance from the industrial development would be allowed from 70th Street. The result is that Cahill Road is being used as the entrance. Mr. Ferguson said that rather than add to the traffic, a way should be sought to cut it back. He asked the Council not to approve the rezoning. Steve Groebner, 51 33 Abercrombie, stated opposition to the proposal because traffic is horrendous and is backed up for blocks. He added that additional problems will be created during any construction in the area. Howard Moon, 5109 Abercrombie, commented that over the years the area has changed a great deal. They have eliminated two accesses to Brookview Heights creating a funnel for traffic. He voiced opposition to the rezoning, especially with the opposing driveway from Rabun. During rush hour the area resembles figure-eight racing, in his opinion. Penny Stinson, 5104 Tiion Drive, voiced opposition to the proposal because of traffic problems. Architect Kodet reiterated that the proponents are aware that a traffic problem exists and are not trying to make it worse. It is evident that two and one-half acres of available land exists that will be used for something. It is in the interest of the neighbors to see that the use is 1) compatible with a minimum of impact on the neighborhood and 2) that a traffic study is undertaken despite proposed use. Architect Kodet stated the proponent has worked with the Edina Engineering Department and a Consulting Engineer to make changes to accommodate the small impact their business would have on traffic. Would the area be used for a: 1) multi-family housing - with a questionable outcome so near Highway 100,2) four-story office building - would succeed without a doubt, 3) single-family homes - probably would not succeed on the site, and 4) church - possibly could succeed but the site is small. Looking at the options, their proposal would represent, A) how to minimize traffic, B) how to make best use of the land, C) how to assure compatibility with the neighborhood, and D) responsive to the neighborhood. The proponents I Page 4 MinutedEdina Citv Council/SeDtember 18. 1995 want to be good neighbors and make good use of the property and would be willing to work with the neighborhood on traffic concerns. Council Concems/Action Member Kelly asked whether we could prohibit trucks in the area. Engineer Hoffman said he has not received calls complaining about truck traffic north of 70th Street. One method of prohibition would be starting road restrictions to keep trucks off the residential streets. Trucks use the area at all times of the day to service the industrial park. Engineer Hoffman noted the Traffic Management Center downtown runs the ramp meters. The City has little control about how the Center runs the freeway system but we do work with them on signage. Member Kelly concluded something will happen on this site and day care use would be the least disturbing of any possible use. Member Paulus asked within the existing R-1 zoning if use included a church or a school. Planner Larsen answered yes. The church has been there since the '60's. Member Paulus questioned whether this was one of the most under-utilized church sites in Edina. Planner Larsen said it is one of the smallest churches in the City with low use. Member Paulus asked if the property were sold to another church or school if traffic would be prohibited from entering the area. Planner Larsen said any use of the site would include traffic. He added he has spoken to parties interested in making this an office site. Member Paulus asked Attorney Gilligan what the community's responsibility is to the property owner. Attorney Gilligan explained the community must allow the owner to have a reasonable use for their property. Reasonable would permit a return on their investment and not be a debt to the community. Member Paulus asked if the City would have liability each time a prospective buyer for a use other than a church came forward and we denied it. Attorney Gilligan said yes the City could have some liability then. Member Paulus concluded that the City would have an obligation to both the property owners and the neighborhood. Mayor Richards asked what the zoning is for the high school. Planner Larsen answered that all private and public schools are zoned R-I . Mayor Richards said he realizes the property will be used for something but is troubled with approving the rezoning to office. A day care center seems like a compatible, reasonable use for the site; if schools fit R-I zoning, day care centers should fit also. He suggested a possible ordinance amendment be considered that day care use would be acceptable use but not office and to address future transitional use. Member Smith indicated that he does not suppofl the rezoning because of the traffic and zoning issues. He concurs with the suggestion to develop, within the ordinance, a day care use in the R-1 district. Many churches in Edina have independent day care centers within them and are zoned R-I. Member Smith said he had reviewed the traffic study but would like additional time to study it further. As the issue stands, he could not support the proposal to change the zoning and four affirmative votes are required for approval of the proposal. He suggested the proponent do additional work on the proposal but he still believes the biggest problem is the traffic. Page 5 Minutes/Edina City Council/SeDtember 18,1995 I Member Kelly suggested continuing the issue until additional information is brought forward about how to incorporate day care use into the R-I code. Member Smith made a motion fo continue the preliminary rezoning, R-I Single Dwelling Unit District to POD-I, Planned Office District, Especially for Children (5015 West 70th Street) to October 16, 1995, allowing the proponent time to formulate hard data on the traffic issue and to allow staff to research an ordinance amendment including day care as an acceptable use in the R-I zoning district. Member Kelly seconded the motion. Member Paulus encouraged the proponents to do some 'off-the-wall' brainstorming about the area. She suggested seeking input on the problem from the police. She reported that the high school had tremendous trouble with their.parking area but solved it with a paid person who directs traffic in and out of the high school lot. Ayes: Kelly, Paulus, Smith, Richards ' Abstaining: Maetzold Motion carried. .. PRELIMINARY PLAT APPROVAL (S-95-4) 5200 EDEN CIRCLE AND 5229 EDEN AVENUE JKUNZ-LEWIS) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen reported that the subject property is'generally located south of Eden Avenue and west of the railroad tracks and comprises two buildings and multiple parcels, some previously platted and some never platted. The total land area is 342,283 square feet or 7.86 acres. The proposed subdivision would combine all existing parcels into two new lots. Planner Larsen explained that Lot 1 would include the Lewis Engineering Building and Lot 2 would include the Parts Plus Warehouse building owned by the Kunz family. The proposed lot line between the two lots is shown as encroaching on the building on Lot 2. The building owner is proposing to remove a portiomof the building to comply with the required two- foot building setback. Details of the building proposal are contained in the Final Development Plan proposal by Kunz Oil being considered concurrently. Presently, the Lot 2 property has access to Eden Avenue by way of a private easement through the Lewis property. The proposal would eliminate the easement and propose that Lot 2, Kunz Oil would use only Eden Circle. Planner Larsen noted that at the Planning Commission meeting of August 30, 1995, the Commission recommended final development plan approval subject to hard surfacing of the road and two staff conditions, 1) final plat approval and 2) subdivision dedication for the unplatted portions of the property. Council Comments/Concerns Member Maetzold voiced concern with 1) the amount of truck traffic on Eden and Eden Circle and 2) whether the roadway is designed to handle it. Planner Larsen said Eden Circle is used Page 6 MinutedEdina City CounciVSeDtember 18, 1995 most as the condition of the private easement area is very bad. Trucks bring products into the site and product leaves via small pickups, all on Eden Circle. Member Smith said he drove the private easement recently and it was nearly impassable. He believed any servicing of the Parts Plus Warehouse would need to use Eden Circle. He asked for more information about a letter the Planning Department received from Theodore Giannobile regarding history and data and requesting additional parking space from the adjacent property owner, Kunz Oil, Co. Planner Larsen responded there is now a window of time to reach a solution in meeting code with the number of parking spaces needed for the building. The subject of parking is private even though he has been working with Mr. Giannobile. ProDonent Comments Steve Fidel, Architect for Kunz Oil, pointed out for the past year all traffic in and out of the site have used Eden Circle. Resident Comments Gordon Lewis, President of Lewis Engineering, 5229 Eden Avenue, explained that the subject easement is 16 feet wide and turns at a 90" angle. Kunz Oil Company uses the easement at his pleasure. He believes the road cannot be improved because of the nature of the soil. Bob Thomale, 5400 Edenmoor Street, explained his property abuts the Kunz Oil property. He inquired where the proposed parking would be in proximity to his lot. Planner Larsen said the parking setback would be 10 feet and would be a hard surface lot. John Menke, 5301 Pinewood Trail, stated he is the immediate past president of the Richmond Hills Neighborhood Association. He has attempted to meet with Mr. Kunz on a number of occasions, unsuccessfully but the Association is aware of the proposal. The nearest affected property is 5400 Edenmoor. If the parking area is landscaped properly, the Association would agree with the proposal. The biggest problem is the entrance and exit to the neighborhood where Sherwood Road meets Eden Circle. Kunz Oil small trucks adhere to the posted STOP sign approximately 50 percent of the time while the TAG gymnastic parents do not abide by the sign ever. Mr. Menke reminded Council there is a playground on the premises and voiced concern with safety for the neighborhood children. The Association would agree with the replatting, however, if offices were built on the Lewis property their wish is that an alternative route could be found other than Eden Circle. Member Smith asked clarification of lot lines and asked further if a decision on the issue could be reserved until the next agenda item is discussed. Mayor Richards said he could not support the proposal for the following reasons: 1) the development should be oriented to the north, 2) validating the proposal as presented would.be a direct opposite, and 3) reorientation and expanding the building brings more traffic into the residential neighborhood in a circuitous route. Page 7 MinutedEdina Citv Council/September'l8,1995 I Member Smith inquired whether the easement access is the responsibility of the City or the developer. Mayor Richards believes the City as a public body, has no obligation to improve or enhance their property and further, the developer has access to the site from Eden Circle. Member Smith asked if the developer-could be prohibited from using Eden Circle. Mayor Richards said Eden Circle is a public roadway. Member Kelly asked if the preliminary plat approval for the transfer of land is approved, could the entrance to the'site be tied to the final development plan. Planner Larsen said the intent of the plan, as presented, is not to have that access .and may entail a change in land ownership to accomplish a north access to Eden Avenue for the Lot 2 property. Member Kelly asked, as a part of the Kunz Oil expansion, if any particulars have come foward regarding traffic counts on Eden Circle. Planner Larsen commented he has no numbers on traffic. The operation will not change but will expand the warehouse space. Member Kelly stated her approval of the concept but if the Council still has traffic concerns with that parcel she recommended answering those concerns before the project is ordered. Mayor Richards knows the area will be developed but he would rather it not be done in pieces. The potential traffic impact in the area could be detrimental for the whole neighborhood. He would not approve the preliminary rezoning. . Member Maetzold believes this preliminary plat and the proposed final development plan focuses traffic on Eden Circle versus Eden Avenue. Development plans for the whole package should be presented at one time. Gordon Lewis elaborated that he and Mr. Kunz have come before the Council a number of times with different plans for development of the site. The plan is a logical, natural progression of what should happen on the site. Property access to Eden Avenue is impossible for reasons: 1) road bed is 16 feet wide while a trunk highway is 30 feet wide, 2) Kunz Oil loading docks are on east side, 3) Lewis property on west side bottles up Kunz property, and 4) Kunz parking lot location would be a logical buffer for the neighborhood. The Kunz building is loaded to the rafters, they are using free-standing storage trailers as well as off-site storage and the proposal would accommodate the expansion that has already taken place. Mr. Lewis observed this as a win-win situation for everyone concerned. Member Smith made a motion to continue the preliminary plat approval for Kunz Oil Company and Lewis Engineering Company, 5200 Eden Circle and 5229 Eden Avenue. Member Smith advised Mr. Lewis that traffic remains the key issue and reminded it has always been the intent of the Council that traffic orient from the north not the west. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. FINAL DEVELOPMENT PLAN CONTINUED FOR KUNZ OIL COMPANY AT 5200 EDEN CIRCLE AND LEWIS ENGINEERING COMPANY AT 5229 EDEN AVENUE Member Kelly Page 8 Minutes/Edina City Council/SeDtember 18. 1995 *, made a motion to continue the final development plan for Kunz Oil Company at 5200 Eden Circle and Lewis Engineering Company at 5229 Eden Avenue. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. I *BID AWARDED FOR EMERGENCY WELL MOTOR REPAIR - WELL #9 Motion was made by Member Smith and was seconded by Member Kelly for award of bid for emergency well motor repair for well #9 to sole bidder, Boustead Electric and Manufacturing Company at $5,075.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR TRACTOR BACKHOE/PAVEMENT BREAKER RENTAL Motion was made by Member Smith and was seconded by Member Kelly for award of bid for tractor backhoe/pavement breaker rental to recommended low bidder, Midwest Machinery at $12,000.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ANNUAL DE-ICING SALT PURCHASE Motion was made by Member Smith and was seconded by Member Kelly for award of bid for annual de-icing salt purchase to North American Salt Company, under State Contract #405491 at $28.21 per ton. Motion carried on rollcall vote - five ayes. I *BID AWARDED FOR TWO INCH ASPHALT SURFACE OVER PAMELA PARK HOCKEY - RINK Motion was made by Member Smith and was seconded by Member Kelly for award of bid for two inch asphalt surface over Pamela Park hockey rink to recommended low bidder, Midwest Asphalt Corporation at $6,720.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR BRAEMAR GOLF DOME BROCHURE Motion was made by Member Smith and was seconded by Member Kelly for award of bid for Braemar Golf Dome brochure to sole bidder, J. Patrick Moore and LaMaster, Inc., at $5,182.88. Motion carried on rollcall vote - five ayes. UPDATE GIVEN ON REFERENDUM ISSUES Manager Rosland reported staff has met on several occasions to discuss the three aspects of the upcoming: 1. Park Referendum calendar 0 0 0 0 0 0 Park Board recommends election be held in May Referendum amount set two months prior to election 15 Member Citizens Committee established - interested persons sought Council recommends Mayor Richards, Chair of Committee Committee should be broad-based with focus on total park functions City expending funds for election and information only Page 9 Minutes/Edina Citv Council/September 18,1995 2. New Fire/ALS Station -will begin to..intewiew architects Member Smith made a motion to move forivard with architects interviews for the FirelALS Station. Motion was seconded by Member Kelly. Ayes: Kelly, Maetzold, Paulus,. Smith, Richards Motion carried. 3. City Hall renovation dependent. on referendum passage - preliminary plans developed via CAR system . Mayor Richards concluded the -issue would be on the October 2, 1995, Agenda for further discussion. RESOLUTION OF LOCAL APPLICATION FOR MINNESOTA AMATEUR SPORTS COMMISSION STATE CAPITAL BONDING FUND APPROVED Park Director Keprios indicated that the State of Minnesota, through its agency,. the Minnesota Amateur Sports Commission (MASC), will be accepting applications for grants to fund construction of new indoor ice arenas. The State Capital Bonding Fund, at $2,900,000 is referred to as the "Mighty Ducks Fund", and was created for the purpose of assisting .communities in developing ice arenas. The MASC's Request for Proposal (RFP), stated the purpose of additional ice arenas is to maximize the communities ability to generate economic. benefits and to promote ice sports participation for females and males. The State of Minnesota's intent is to award half the grant monies to twin city communities and half to communities located in greater Minnesota. Director Keprios noted the "Mighty Ducks Fund offers communities matching grants up to $250,000 for the construction of new indoor ice rinks, which is the amount Edina is requesting in their grant, as recommended by staff. The application deadline for 1995. and 1996, ice arena projects is October 2, 1995, with the MASC making awards in December, 1995. One application requirement is the community's governing body must adopt a resolution that includes a commitment to match funds. The resolution would require committed matching want funds, contingent upon successful passaae of a special election bond referendum Sprina. 1996. Member Paulus introduced the following resolution and moved its approval: RESOLUTION CITY OF EDlNA HENNEPIN COUNTY, MINNESOTA WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Capital Bonding Fund, provides for capital funds to assist political subdivisions of the State of Minnesota for the development of sport facilities, and WHEREAS, the City of Edina desires to construct and develop an indoor ice arena for the sports of girls and boys ice hockey, figure skating, general public ice skating and in-line skating. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Edina, that: I Page IO I I- 2. 3. 4. 5. MinutesIEdina Citv Council/September 18, 1995 Estimates that the total cost of developing said facility shall be $2,500,000 and the City of Edina is requesting $250,000 from the Mighty Ducks Capital Bonding Fund and will assume responsibility for a match requirement of $250,000, continaent upon Edina residents’ approval of a $2.500,000 special election bond referendum in the sprinn of 1996. The City of Edina agrees to own, assume 100 percent operation costs for said sports facility, and will operate said facility for its intended purpose for the functional life of the facility which is estimated to be fifty years. The City of Edina agrees to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility and long-term program direction. That an application be made to the State of Minnesota, Minnesota amateur Sports Commission, to be included in the Minnesota Amateur Sports Commission’s (Governor‘s) Capital Budget request for an amount presently estimated to be $250,000. That John Keprios, Director of Edina Park and Recreation Department is authorized and directed to execute said application and serve as the official liaison with the Minnesota Amateur Sports Commission. Passed and adopted this 18th day of September, 1995, by the City Council of the City of Edina, Minnesota. Member Kelly seconded the motion. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Resolution adopted. TWO VACANCIES NOTED ON HUMAN RELATIONS COMMISSION Manager Rosland explained that the Human Relations Commission has two vacancies. Mayor Richards encouraged Council Members to submit names to him of interested persons willing to fill these unexpired terms on the Commission. 3.2 BEER LICENSE FOR DAVANNI’S GRANTED Manager Rosland reported that at the Council meeting of October 5, 1995, a number of questions were raised regarding the issuing of a 3.2 beer license for Davanni’s restaurant. Questions raised are as follows: 1. Must a meal be served with a 3.2 beer? In an establishment licensed to sell 3.2 beer only (with no wine license), no meal is required. Are there any locations in Edina licensed for on-sale 3.2 beer only? Six restaurants in Edina are licensed for 3.2 beer and not licensed for the sale of wine. Is the 3.2 desiclnation still amlied to beer by the State? Minnesota law defines 3.2 malt liquor (beer) as containing not less than 5% alcohol by volume or more than 3.2% alcohol by weight. Administrative rules require labeling of kegs, cans and bottles of 3.2 beer with the statement, ‘Contains not more than 3.2% of alcohol by weight” or similar wording. The labeling of other beer over 3.2% as “Strong” is no longer permitted. The Minnesota Liquor Control Division inspects for an enforces this at the wholesaler level. 2. 3. Page 11 Minutes/Edina City CouncillSepternber 18, 1995 Mayor Richards called for public comment. No public concerns were received. I Member Smith made a motion to approve the ’3.2 beer license for Davanni’s Restaurant. Motion was seconded by Member Keliy. . . Ayes: Kelly, Maetzold, Paulus, Smith, Richards. Motion carried. .. *TRAFFIC SAFEN STAFF REVIEW FOR SEPTEMBER 6,1995, APPROVED Motion was made by Member Smith and was seconded-by Member Kelly to approve the following action of Section A of the Traffic Safety Staff Review of September 6,1995: To install a signal at W. 78th Street at Cahill Road and the adoption of the plan generated by the geometric review, and; The eastbound installation of an advanced crossing sign in the 4000 block of Sunnyside Road to identify crosswalks in the commercial area, and; I) 2) to acknowledge Sections B and C: Motion carried on rollcall vote - five ayes. METROPOLITAN LIVABLE COMMUNITIES ACT DISCUSSED Assistant Manager Hughes reported on September 14, 1995, staff met with representatives of the Metropolitan Council with respect to the Metropolitan Livable Communities Act. Additional information was provided to the City concerning the requirements of the Act as fdlows: I 1. 2. 3. 4. A draft agreement between the City and the Metropolitan Council with respect to housing goals. A memo explaining the housing goals and benchmark standards. A memo identifying methods to increase the supply of affordable housing. A memo highlighting questions and answers frequently asked with respect to this legislation. Assistant Manager Hughes reviewed the draft Housing Goals Agreement which compared the City index w%h the Metropolitan Council’s benchmark with respect to affordability, life-cycle and density. The City of Edina supports I) a balanced housing supply, 2) accommodation of all racial and ethnic groups with the purchase, sale, rental and location of housing, 3) a variety of housing types for all people in all stages of life, 4) a community of well-maintained housing and neighborhoods to include ownership and rental, 5) housing that respects the natural environment while striving to accommodate the need for a variety of housing types and costs and 6) availability of full-range of services and facilities for its residents the improvement of access to and linkage between housing and employment. Mr. Hughes stated that by November 15, 1995, Edina could opt into the voluntary plan. By June, 1996, a plan must be developed which may include the pooling of resources with another City to create a housing opportunity either here or in the other city. Under the cluster planning concept, we would get credit for the production of that housing even though it may not be in I Page 12 MinutedEdina Citv Council/September 18, 1995 Edina. One shortcoming of the Act is it is based on political subdivisions, not on neighborhoods within cities. No local funds are generated by the Act, however, risks of not participating are I) the Metropolitan Council is obliged to give the Legislature a list of program participants in I998 and 2) if participation is chosen in the second year (1998) a prerequisite would be proof of expenditures of $52,000 in housing related action. If participation would be chosen in 2000, proof expenditures for 1997, 1998 and 1999, would need to be divulged. Council consensus, after a brief discussion, is to participate in the Metropolitan Livable Communities Act, conditioned upon the Metropolitan Council setting realistic goals for Edina. CORRESPONDENCE RECEIVED REGARDING WINE LICENSING Wayne Kostroski, Co- Owner of Tejas, 3910 West 50th Street, spoke to his letter of September 15, 1995, whose purpose is to 1) inform the City of problems existing regarding Ordinances 900.15 and 900.18, Subd 1. which prohibit selling of wine or beer prior to ordering food, 2) provide background research to the feasibility of changinh these ordinances and 3) request an ordinance amendment be considered and authorize staff to investigate and prepare a position on such change. Mr. Kostroski explained that prior to opening Tejas in 1994, he was made aware of the ordinance and its requirements. He expected negative feedback but dramatically underestimated the scope of that feedback. Patrons of the restaurant have been furious with being forced to order food, or leave, if they only were interested in having a glass of wine or beer. Customers have said they will not be back to a place that is hustling them for food. Concerned that these incidents were isolated to their restaurant, Mr. Kostroski surveyed other restaurants and found their guests’ reactions similar and equally as intense. Non-Edina restaurants don’t come back and Edina residents are in a state of disbelief. In checking with City, State and Liquor Control officials to find what roadblocks may exist to change the ordinance, no impediment has been identified that would present this change being a solely Edina City Council decision. Mr. Kostroski requested that ordinance amendments be considered that would allow the service of wine or beer to a guest of a full-service restaurant without the requirement of any food being purchased or served. Member Kelly restated the nature of the ordinance was to allow beer or wine served only with a food order but understands the request is to amend the ordinance to allow wine or beer to be served without a food order. Member Maetzold indicated his support for Mr. Kostroski’s request. He believes a solution has been created for a non-existent problem. He questioned if monitoring this ordinance is a difficult enforcement procedure for the Police Department. He suggested the amendment being done on a trial basis to possibly include a sunset provision. Page 13 MinutedEdina Citv Council/September 18,1995 Member Smith said when the restaurant was proposed he remembered it being called a family- oriented restaurant and wondered what had changed. Mr. Kostroski answered he does not see the dynamics changing whether wine or beer is sewed without food or not. He believes how it is served and handled is the important thing. Member Smith reminded Council that wine and beer service was a great change over Edina being a dry town. Member Paulus stated she is not prepared to act on this now. Substance abuse is growing rather than being reduced and we could be delivering a bad message. We should be proud of being a dry town. Mayor Richards believed this is a reasonable request. He would not promote the creation of watering holes but he does not believe an ordinance amendment would depart from a family restaurant atmosphere. Council consensus, after a brief discussion, recommended staff research the following and bring information back to the regular Council meeting Qctober 16, 1995, for further discussion: Examination of the whole liquor ordinance Advisory referendum history and verbiage Police assessment of risk, e.g., DWl's, disorderly conduct, public nuisance I. 2. 3. Mayor Richards asked for public comment. No comments were received. 1994 COMPREHENSIVE ANNUAL FINANCIAL REPORT REVINVED Finance Director Wallin indicated at the July 17, 1995, Council meeting, the Council requested the I994 Comprehensive Annual Financial Report and the Auditor's Letter of Comments and Recommendations be discussed at a meeting in September, allowing Council additional time to review the reports. As stated in the Auditor's Report on Legal Compliance, the City is in compliance with all material terms and conditions of State of Minnesota's legal provisions. As was stated in the Auditor's letter, the recommendations in the Auditor's Letter of Comments and Recommendations, by its nature, is critical in that it contains only the'Auditor's comments and recommendations on deficiencies. The letter does not include their observations on the many strong features of the City's operations. Director Wallin commented as with any accounting-system, improvements can always be made. Responding to the Auditor's Letter, procedural changes and directions are being taken: 1) Seareaation of Duties: The Finance Department has adjusted the performance of certain duties, e.g., the bank reconciliation is now being .done by the accountant. Currently, the Utility Department is in the p;ocess of implementing a new billing/receivable . system through Local Government Information Systems (LOGIS). The system should be operational for utility billing for the September/October utility bills. Bills will look different, be enclosed within an envelope and contain a return envelope also. Along with aesthetic 2) Utilitv Billinq System: Page 14 Minutes/Edina Citv Council/SeDtember 18,1995 changes, they should be more accurate and include the ability to utilize bar coded bills and hand-held or radio readers in future to further increase the accuracy of utility billing. The Finance Department and the Engineering Department are working together to close old construction projects. 3) Construction-in-Proaress Account Maintenance: 8 .P .. . a .. U Following brief Council comments, the 1994 Comprehensive Annual Financial Report was accepted as presented. CLAIMS PAID Member Smith made a motion to approve payment of the following claims as shown in detail on the Check Register dated September 14, 1995, and consisting of 29 pages: General Fund $312,364.30; C.D.B.G. $5,744.00; Communications $3,474.51; Working Capital $36,532.66; Art Center $2,896.89; Swimming Pool $5,452.24; Golf Course $46,848.60; Ice Arena $6,573.38; Gun Range $373.36; Edinborough ParWCentennial Lakes $21,296.47; Utility Fund $147,869.09; Storm Sewer $16,660.42; Recycling $32,436.02; Liquor $75,163.17; Construction Fund $512,308.53; IBR #2 Fund $20,115.61; TOTAL $1,246,109.25; and for confirmation of payment of the following claims as shown in detail on the Check Register dated September 14, 1995, and consisting of 8 pages: General Fund $1 16,299.75; Golf Course $7,958.37; Ice Arena $16,706.00; Edinborough/Centennial Lakes $8,221.45; Liquor $262,976.07; Construction Fund $525.00; TOTAL $412,686.64. Member Maetzold seconded the motion. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards adjourned the meeting at 10:48 P.M. Page 15