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HomeMy WebLinkAbout19951016_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL OCTOBER 16,1995 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. RETIREMENT OF POLICE OFFICERS RECOGNIZED Manager Rosland recognized recent Police Department Retirees, Lieutenant Vince Bongaarts and Lieutenant Jay Brask. Lieutenant Bongaarts, hired in 1967, practiced ‘Community Oriented Policing’ for 27 years until he retired in January, 1995. He understood the needs and desires of the community and actively worked, both on and off-duty, to make Edina a better place. to live. Lieutenant Brask, hired in 1965, was instrumental in bringing about changes in police training and procedures, not only in Edina, but in the entire state. He took the lead in Crime Prevention and helped set- up ’Operation ID for Edina residents. Manager Rosland presented both Lieutenant Bongaarts and Lieutenant Brask with a token of appreciation for their many years of loyal service. “MINUTES OF THE REGULAR MEETING OF OCTOBER 2,1995. APPROVED Motion was made by Member Smith and was seconded by Member Kelly to approve the Minutes of the Regular Meeting of October 2,1995. Motion carried on rollcall vote - five ayes. PUBLIC HEARING CONDUCTED ON REZONING (SINGLE DWELLING DISTRICT TO POD- I PLANNED OFFICE DISTRICT) FOR “ESPECIALLY FOR CHILDREN”, 5015 WEST 70TH STREET: HEARING CONTINUED TO NOVEMBER 6, 1995 Affidavits of Notice were presented, approved, and ordered placed on file. Presentation by Planner Planner Larsen stated that the subject property is located 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-1 district, they propose rezoning to POD-I (Planned Office District). The preliminary rezoning was continued from September 18, 1995, allowing the proponent time to formulate hard data on the traffic issue and allow staff to research an ordinance amendment which would include day care as an accessory use in the R-I zoning district. Planner Larsen indicated as an alternative to the requested POD-I rezoning, staff prepared an ordinance amendment which would allow day care, pre-school, and nurseries as a Conditional Use in the R-I district. The amendment would also set a minimum lot size of two acres and a minimum setback of 35 feet from all property lines. Page I .- MinutedEdina Citv CouncillOctober 16, 1995 The proponents have indicated to staff that they continue to request the. POD-I office zoning classification. Two letters from banks were offered, indicating that financing may be problematic if the rezoning to POD-I is not granted. Planner Larsen explained if the Council decides to amend the Ordinance making day care a Conditional Use in the R-I zone, the amendment should be referred to the Planning Commission for their recommendation. Planning Commission action is required prior to adoption of a Zoning Ordinance Amendment by Council. The appropriate Council action would be denial of the request to POD-I . The Planning Commission could consider the matter at their November I, 1995, meeting. At the September 18, 1995, meeting, staff suggested &eating a new intersection, adjustments to West 70th Street and Metro Drive and allowing the site additional entrances off the semaphore. Engineer Hoffman submitted a memorandum from the City's traffic consultant addressing the site specific and general area traffic issues. A memorandum, dated October 13, 1995, from Dennis Eyler, P.E. from the SRF Consulting Group, Inc., was submitted as well. Suggestions for the site were a widening of 70th Street at the site location as well as a free- right within the right-of-way from southbound Metro to west bound 70th be created. A protected (green arrow) left turn into the site as well as a curb cut with entrance and egress point at Rabun Drive would also be eliminated. I Architect Comment Ed Kodet, Architect with Kodet Architectural Group, and Architect for the proponents, Priscilla and Ed Williams, told they reviewed the traffic patterns that will solve traffic concerns. Mayor Richards advised that Member Maetzold would be participating in discussions and the final vote, contrary to the September 18, 1995, Council meeting. Resident Comments Betty Kaplan, 7305 Oaklawn Avenue, said she has a three year old in day care at Especially for Children. They are not a fly-by-night day care and she would be saddened if the facility were not available. Theresa Milboum, 6912 Antrim Road, stated her support of the proposed rezoning. She has two children to support and Edina is a difficult place to find good day care. Admittedly, traffic is a concern but she believes traffic from the day care will not add to the big picture. Nancy Nordquist, 5108 West 70th Street, said traffic is terrible at all times of the day. She stated any additional traffic would be bad. Peggy Halverson, 51 08 Abercrombie, said she had signed a petition against the rezoning and questioned whether there would be a four story office building or just a day care. Margie Peter, 5120 Duggan Plaza, indicated she signed the petition against the rezoning, but I Page'2 MinutedEdina City CouncillOctober 16.1995 would support an ordinance amendment. The trees on the site offer the day care a great buffer but her main concern is traffic in the RabunnOth Street intersection. Engineer Hoffman commented that the proposed reorientation of the intersection would not be a restriction but a normal reconfiguration. I Dennis OBrien, 5141 Meadow Ridge, stated that the area is getting more and more busy. He asked that the use of the site for a day care in the area be considered carefully. Val Varno, 51 12 Duggan Plaza, said the area has always had traffic problems and adding more traffic does not solve the problem. Tim Clark, 5145 Abercrombie Drive, voiced concern that the character of the area will change and Rabun would be impossible to use. Area residents will use the residential streets to exit the neighborhood and that's where all the children are. Trude Bremner, 51 04 Abercrombie Drive, inquired whether any Council Member lived in the 70th Street area and if this is a for profit day care. She voiced concern with destruction of the beautiful oak trees and said if the Council changed the zoning code they would be liable. Tom Clifford, 51 05 Meadow Ridge, suggested straightening and rerouting Metro Drive to Highway 100. Martha Carlson, resident of St. Louis Park, has a child in Especially for Children. She questioned just how much traffic will be added with the proposed rezoning. I Yvonne LaGrandeur, 51 08 Tifton Drive, asked what would happen to the day care center now housed in the Community Center if rezoning of the site were not approved. Ted Canova, 5504 Dever Drive, has a child in the center. Definitively, the site could have day care for I00 children or no day care at all. No one is a proponent of traffic or accidents. Dick Kvanbeck, 551 1 Hansen Road, has a daughter in Especially for Children. No one wants more traffic in the area. He asked if a light could be installed at Rabun. Proponent Comment Steve Williams, stated his belief that a day care center is an excellent use of the building. He does not intend to build an office building on the site but banks will not finance the site if its not zoned for multi-use. The site is too small for a school or a church. He suggested lighting the intersection with a left turn arrow, allowing left turns from Rabun. Council Comment Member Maetzold commented there will be traffic no matter what the property use is and day care use would only increase daily trips by approximately 76 in the A.M. and 105 in the P.M. In order for the proponent to acquire financing, the site would require rezoning to POD-I for multiple use. Page 3 MinuteslEdina City CouncillOctober 16,1995 Member Smith agreed the site should remain zoned R-I with an amendment allowing conditional use. He does not agree with it becoming a future office site or that it be rezoned to raise the finances of the proponent. Member Kelly emphasized something will be done on the site and recommended it remain zoned R-I with an amendment for conditional use, realizing the Planning Commission would need to approve the amendment. Mayor Richards pointed out that a day care would be a good use for the property. He recommended 1) staff prepare findings and bring them back to Council to denying the formal request, 2) an amendment be drafted to allow a day care center as an conditional use in the R-I district and 3) creative solutions be sought for the traffic problem. Member Smith made a motion to continue the public hearing on the rezoning request to POD-I, for 5015 West 70th Street to November 6,1995, allowing staff to I) establish proposed findings denying the application for rezoning, 2) draft an ordinance amendment allowing day care centers as a conditional use in the R-I district and 3) that solutions be sought for traffic in the area. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Nays: Maetzold Motion carried. I REQUEST GRANTED FOR RELOCATION OF CABIN WITHIN THE CONSERVATION RESTRICTION ON LOT 5. MIRROR OAKS ADDITION Presentation bv Planner Planner Larsen explained that the subject property is located at 5000 Blake Road and comprises two lots with total land area of 10.1 acres. Existing improvements include a single dwelling, a log cabin and a storage building. The site is gently rolling with areas of steep slopes along Blake Road and near the ponds in the south and southwest portions of the property. At the October 2, 1995, Council meeting, Mirror Lakes Final Plat was approved. Eugene Frey has purchased Lot 5 and wished to move the existing log cabin into the conservation restriction on Lot 5. Planner Larsen inspected the site and recommended allowing the cabin to be moved to the proposed location. Approval of modification of the conservation restriction to accommodate the log cabin was continued to the October 16, 1995, meeting for additional information regarding previous exceptions to conservation restrictions. The Conservation Restriction allows the Council the right to allow the cabin to be placed within the restriction without vacating part of the easement. The Conservation Restriction is on file in the office of the City Clerk. The provision is contained in (I) as follows: I) No buildings, roads, signs, billboards or other advertising of any kind, and no utilities or other structures of any kind, hereafter shall be erected or placed on or above any part of the Easement Area without the express prior written Page 4 MinutesIEdina City Council/October 16,1995 approval of Edina, and that no building within the Easement Area which is approve by Edina shall be used for residential purposes. I Planner Larsen told that in the past, the Council has sometimes granted permission or has sometimes released a portion of the restricted area. Recently, the Council released a portion of a restricted area for a house pad on the Dalquist Addition on Harold Woods Lane. Council also granted permission to locate play equipment on a lot on the south side of the same pond. It was'previously believed that a request for an easement for a sport court was in reality over a drainage easement rather than within a conservation restriction. Staff would recommend allowing the placement of the cabin within the conservation restriction area on Lot 5, provided the building not be used as a dwelling unit. Presentation bv Proponent Eugene Frey, 6231 Fox Meadow Lane, stated the cabin has a historic background and was built by an American Indian. It was used in the filming of a 1930's movie. The one room cabin has a bar and a fireplace and neighbors would also like it preserved. Mr. Frey distributed pictures of the cabin and location maps. The location was necessitated because of the close proximity to large oak trees and concern that it not impinge on the Lot 5 building site. Council Comments Member Smith inquired if the cabin had utilities. Mr. Frey answered the cabin currently has standard hook-ups. If moving the cabin is approved, hooking up to sewer and water would be very costly until a new home were built on the lot bringing sewer and water much closer to the cabin. ' I Mayor Richards called for public comment. No comments were received. Mayor Richards inquired if the encroachment was granted, what process would control where the cabin could be located. Planner Larsen said at this time the location is not exact but an exact location could be made a part of the conservation restriction approval. Use for the cabin as a dwelling could be prohibited within the document also. After researching the site, no notation of historical value is mentioned. The history, while unique, is special only to the property itself. Member Smith asked if after the cabin were allowed to move could the owners come in and apply for a sewer and water permit. Planner Larsen stated the cabin would be considered an out building and more information regarding use would be needed before a permit were granted. Member Paulus said the cabin is substantial in size and could at some time be used as a house or a cabin. She agreed the cabin should have electricity but not sewer and water. Member Maetzold believes the property should be preserved and the proposed location is Page 5 I MinuteslEdina Citv CounciVOctober 16.1995 good. He agreed with Member Paulus that electricity to the cabin is all right, but no sewer and water. Member Kelly indicated the cabin should be preserved and she supported relocation.of the cabin with no restrictions. The agreement should state the cabin could not be used as a residence. Mayor Richards voiced concern that all water bodies should be protected. The location of the cabin on the property adequately protects the public interest. He said he may support hook- ups at some time in the future for the cabin. Member Smith introduced and moved adoption of the following resolution approving an electrical hookup and sewer and water utility hookups permitted only at the discretion of the Council: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby authorizes and directs the Mayor and Manager to execute a Declaration of Restrictions on the following described property owned by the City: That certain real property situated in Hennepin County, Minnesota, legally described as follows: That part of Lots 4 and 5, Block I, Mirror Oaks, according to the recorded plat thereof, lying southerly of a line drawn parallel to and one hundred (100) feet northerly of the northerly line, as shown on said plat, of the pond which extends onto said Lot 5. Motion seconded by Member Paulus. Member Kelly introduced an amendment to the motion allowing all utility hookups to the subject property. Motion died for lack of second. Mayor Richards called for a vote on the first motion. +Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. PRELIMINARY PLAT FOR KUNZ OIL AND LEWIS ENGINEERING COMPANY (5200 EDEN CIRCLE AND 5229 EDEN AVENUE): AND FINAL DEVELOPMENT PLAN FOR KUNZ OIL, 5200 EDEN CIRCLE CONTINUED TO DECEMBER 19. 1995 Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen said 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. Total land area is 342,283 square feet or 7.86 acres. The proposed subdivision would combine all existing parcels into two new lots. Lot 1 would include the Lewis Engineering Building and lot 2 would include the Parts Plus Warehouse building, Page 6 MinutedEdina Citv CounciVOctober 16, 1995 owned by the Kunz family. The preliminary plat approval for Kunz Oil and Lewis Engineering Company, 5200 Eden Circle and 5229 Eden Avenue was continued at the September 18,1995, Council meeting. Planner Larsen explained that staff has received no additional information since the September 18, 1995, meeting. Planner Larsen noted that Mr. Lewis has just received a purchase agreement for his property resulting from the proposed rearrangement, but a final development plan has not been applied for. The proper process would be to modify the application, appear before the Planning Commission and ultimately before the Council. Council Comment Mayor Richards said he appreciates the dilemma the Kunz Oil people are in but he is not persuaded the plan, as presented, is the best for the area because of the traffic orientation. A great deal of public money has been spent to enhance the Vernon Avenue development. This is an important piece of property and should not be developed in a piecemeal fashion. He felt the issue should be continued until a formal plan for the whole area comes before the Council for approval. Member Maetzold voiced aareement that the development should orient toward north Eden - Avenue. Member Smith stated a more aggressive plan for the whole area would be desirable. Member Kelly wondered why the plan presented plan has not taken into consideration comments from the previous hearing regarding traffic concerns. Proponent Comment Walter Kunz, Kunz Oil, explained that since January, access to the Kunz Oil site has been via Eden Circle. Since August 1992 until now, it has not been economically prudent to do anything to the site until the fixed price option ran out on the property. He asked if they now could proceed as a separate parcel. Mr. Kunz added that Gordon Lewis has graciously allowed them to use his property but he could legally restrict use of their loading docks on the entire east side of the building at any time. Mayor Richards said that Mr. Kunz and Kunz Oil have been good corporate citizens in Edina, and any consideration the Council could give should be given. He suggested the possible condemnation of the property to the north allowing proper access to their building as they see fit. Member Smith stated a window of opportunity exists at this time for the City to look at what can be done on the site as well as allowing comments from the public. Page 7 MinuteslEdina City CouncillOctober 16.1995 Mayor Richards inquired if the Preliminary Plat and Final Development Plan were continued, where do we stand legally with timing. Attorney Gilligan responded that legally a 60 day deadline exists-from this date. The issue could be continued for further discussion until November 6,1995, to see what plans come forward. I Member Kelly suggested continuing the issue to the Council meeting of November 20, 1995. Wlr. Kunz said the Kunz Oil building is deteriorating and needs major work. He voiced concern that another Rainbow type of proposal could come before the Council which took eighteen months before it was rejected. Mayor Richards interjected that the Council is serious about this site, He suggested consideration of utilizing the Tax Increment Financing (TIF) District and he would be amenable for use of these funds for a study of the best lot configuration for the site. He suggested continuing the issue to December 19, 1995. Attorney Gilligan’s inquired of Mr. Lewis his response to Council continuing action on his property to which Gordon Lewis. concurred with the issue being continued for 120 days. Member Smith made a motion to I) continue the Preliminary Plat for Kunz Oil and Lewis Engineering Company, 5200 Eden Circle and 5229 Eden Avenue and Final Development Plan for Kunz Oil, 5200 Eden Avenue, to December 19, 1995, and 2) authorize staff to consider alternatives for ingress and egress from the site utilizing a consultant funded through Tax Increment Financing funds. I Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. PRELIMINARY PLAT APPROVED - TAMBORNINO ADDITION (6608 DAKOTA TRAIL) Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen informed the Council the subject property is a developed R-I lot with an area of 2.9 acres. The existing home is located in the southcentral portion of the property and uses Dakota Trail as its driveway access. The proposed subdivision would create two new lots, both fronting on Mohawk Trail. . Mayor Richards asked clarification of the Tambornino’s requesting a two lot subdivision. He understood the Planning Commission heard a request for a three lot subdivision. The Planning Commission denied the request and Tambornino’s are now asking the Council to approve a two lot subdivision. He believes the Planning Commission should hear the two lot subdivision request before it comes to the Council. Proponent Comment I Page 8 MinutedEdina Citv Council/October 16,1995 Joe Tambornino, 6608 Dakota Trail, spoke to his letter of October 9, 1995, explained he originally wanted to divide the west portion of his property either into one or two additional lots, whichever would gain approval. The Planning Commission denied approval of the three lot subdivision because of numerous variances. Mr. Tambornino, in an attempt to save time, requested two lots rather than three. I Tom Meyers, Edina Realty, realtor for the Tamborninos, explained that information the proponent received from staff indicated the plan could be revised for a two lot subdivision and brought before Council at this time. Public CommentlConcern Doug Watson, 6620 Mohawk Trail, commented that residents in the area should have the ability to present their views on the proposal. Sandy Cwayna-Halla, 6601 Mohawk Trail, noted that no one suggested a two lot subdivision at the Planning Commission meeting. Lorelei Bergman, Planning Commissioner, commented if a two lot subdivision had been suggested, she would have voted for it. Don Halla, 6601 Mohawk Trail, indicated that residents living on the east side of Mohawk Trail and Dakota have no problem with subdivisions into lots equal to lots on the west side of Mohawk Trail. Neighbors in that block feel that it is fair and just. The area on the west side is comprised of same size lots as those being proposed. No one with larger lots on the east side is opposing the three lot subdivision. The lots should be an appropriate size for the Council CommentlAction Mayor Richards commented the proposal’s merits are not being questioned or whether it should or should not be approved. Concern is the that proposal presented is consistent with the one presented at the Planning Commission. Member Kelly reminded the proponent that public business is handled in public. The Planning Commission did deny the three lot subdivision at their meeting, if the proposal is not approved at this time, as per Edina’s Code it could not come back for a year. I neighborhood. A letter dated October 11, 1995, was submitted by Attorney Gilligan stating the location of his residence is in close proximity to the subject property. While he does not believe this presents a conflict of interest under ethic rules, the Council should be aware in case legal issues arise with respect to the proposed subdivision. Member Smith made a motion to refer the preliminary plat approval, Tambornino Addition, 6608 Dakota Trail to the Planning Commission meeting of November 1,1995, allowing Dr. Tambornino to present a two lot subdivision, with Council review on November 20,1995. Motion was seconded by member Kelly. Page 9 I MinutedEdina Citv Council/October 16,1995 Planner Larsen recommended Dr. Tambomino withdraw the three lot subdivision request. Dr. Tambornino stated he did not mean to confuse anybody, formally withdrew the three lot subdivision request and agreed to seek Planning Commission review of the two lot request at their November I , 1995. I Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. CONDITIONAL USE PERMIT GRANTED FOR HENNEPIN COUNTY - SOUTHDALE LIBRARY (7001 YORK AVENUE) LIBRARY EXPANSION Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Planner Planner Larsen reported the Southdale Hennepin Area Library is located at 7001 York Avenue. Libraries and public facilities such as the Court facility are permitted Conditional Uses in the R-I zoning district. A Conditional Use permit was granted for the current Library-Court facility in March, 1991. The Counv is proposing to amend the permit to allow the construction of a two story addition measuring 33 feet by 33 feet, and located in the southeasterly corner of the building. The ground floor addition would provide a secure indoor area for the transfer of prisonersto the holding cells and court rooms on the second floor. The second floor would provide space to increase the number of holding cells and interview rooms. According to the project architect's letter, the number of judges or other staff would not be increased. The design and materials would match the existing facility. Planning Commission Members were in agreement that the proposal would have minimal impact on surrounding. properties and would afford the court system transfer of prisoners out of public view in a more secure manner. Staff recommends approval of the Conditional Use Permit. I Proponent Comment Ray Johnson, Property Manager for Hennepin County, stated he hoped the last expansion met with Council approval and hopes the current proposal is also approved. The Sheriff's parking will now be enclosed within the sally port allowing prisoner transfer in a secure manner. Council CommenVAction Mayor Richards commented that the last library expansion seemed to take forever and inquired how long this expansion would take. Mr. Johnson replied that during the last expansion asbestos removal added quite a bit of time to construction. Since the current proposed addition does not include any remodeling it should not have the same constraints. Member Smith moved approval of the Conditional Use Permit, Hennepin County, Southdale Library, 7001 York Avenue, building expansion. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. I Page IO Minutes/Edina City Council/October 16, 1995 *BID AWARDED FOR 1996 PARK AND RECREATION ACTIVITIES DIRECTORY Motion was made by Member Smith and was seconded by Member Kelly for award of bid for the Park and Recreation Department’s 1996 Activities Directory to recommended low bidder, Northwest Printing Company at $1 3,690.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR FENCING FOR THE EDINA AQUATIC CENTER Motion was made by Member Smith and was seconded by Member Kelly for award of bid for fencing for the Edina Aquatic Center to recommended low bidder, Keller Fence Company at $14,995.00. Motion carried on rollcall vote - five ayes. TRAFFIC SAFETY REPORT OF OCTOBER 3.1995. APPROVED Engineer Hoffman pointed out at the October 3, 1995, Traffic Safety Committee meeting, special attention was drawn to Section A. (I), the signalization of Xerxes Avenue at West 60th Street. Staff recommended approval of this project conditionally based on acceptable financial arrangements between the City of Minneapolis, Hennepin County and the City of Edina. Engineer Hoffman withdrew the issue until the next meeting while awaiting final arrangements with the City of Minneapolis. Member Smith made a motion to approve the following actions as recommended in Section A of the Traffic Safety Staff Report of October 3,1995: Staff continue the issue of signalization of West 60th Street at Xerxes Avenue conditionally until financial arrangements between the City of Minneapolis, Hennepin County and the City of Edina can be secured; Staff supports the review of traffic conditions on West 70th Street between Metro Boulevard and T.H. IO; and to acknowledge Section B, 1, and 2 and Section C. Member Maetzold seconded the motion. I) 2) Ayes: Kelly, Maetzold, Paulus, Smith, Richards. Motion carried. Member Kelly voiced concern with Section B. 3 which requested STOP signs controlling Division Street traffic at Spur Road. Staff recommended denial of the request based on lack of warrants. Staff further recommended the Police Department respond to the patterned hazardous speeders. Member Kelly said this issue has been before the Traffic Safety Committee before. The intersection is a bus stop and very busy at 8:OO A.M. and 3:OO P.M. She is always willing to give residents STOP signs and would not support the Committee decision on Section B. 3 denying the request. Member Smith made a motion to approve the following actions as recommended in Section B; 3. Member Maetzold seconded the motion. Ayes: Maetzold, Paulus, Smith, Richards Nays: Kelly I Page 11 MinutedEdina Citv Council/October 16,1995 Motion carried. September 26, 1995, he investigated a complaint at a home at 4245 Alden Drive which was lacking paint. Upon observation, he noted the home had badly deteriorated paint on the south and east sides and the roofing was badly cracked, crumbling and in poor condition. The homeowner, Herbert Knox, was notified that the home was in violation of Edina Ordinance No. 725.08 and he was directed to replace the.roof, and scrape, prime and paint the exterior. Mr. Knox asked for an extension of time to make necessary repairs, however, he was unable to give assurance the work would be completed in a timely manner. Several years ago, Mr. Knox explained the condition of the home to Sanitarian Velde that he was researching various paint formulas and the home would be painted as soon as possible. At this time, Mr. Knox claims he is unable to paint the home or replace the roof because of his financial condition. Sanitarian Velde stated that a letter he sent to Mr. Knox directed him to replace the roof and paint the house by October 31, 1995, and that Mr. Knox is exercising his right to appeal the order to. the City Council. At this time Council action may affirm Sanitarian Velde's order in whole or impart, or deny the existence of a violation of Ordinance No. 725.08. Further, if Council find that a violation exists, they may either confirm or modify the corrective action to be taken as well as the time allowed to correct the code violation. However, no provision exists for the City to do the repairs and assess the costs against the property. If the Council finds Mr. Knox in non-compliance, a formal complaint may be sought in District Court and or the property condemned as unfit for human habitation. Sanitarian Velde presented slides showing condition of Mr. Knox's home. Sanitarian Velde answered Council inquiry that he does believe the paint on the home is lead based, but it has not been tested. Herbert kox presented a letter from C. Waldo Emerson, 6528 Humboldt Avenue South, Richfield, a roofer who had recently inspected the roof at 4245 Alden Drive, stating he found no evidence of leaking and deemed the roof fine for the time being. Mr. Knox commented he is trying to resolve the issue in a systematic way, Le., the more oil- based paint that comes off would make it easier to change the paint to latex. He is unemployed and cannot afford to do the work all at once. Taxes are current on the home even though the valuation does not equate with his neighbors and he has not sought assistance. Responding to Mayor Richards inquiry whether the City could examine the inside of the home to establish the facts. Mr. Knox respondedmo due to the hostility of the action by the City. Mayor Richards asked when the home would be painted. After a brief discussion, Mr. Knox said the work would be done one year from the date of the letter (September 26, 1996) or the home would have a new owner. He asked Council consideration. I Page 12 Minutes/Edina Citv Council/October 16. 1995 Member Smith made a motion setting July 31,1996, as the deadline for completion of work at 4245 Alden Drive. After a brief discussion, the motion died for lack of a second. I Member Maetzold affirmed the corrective action date of October 31, 1995, as the deadline for completion of work at 4245 Alden Drive. Motion died for lack of a second. Member Kelly commented that Mr. Knox has had adequate time to respond to the discussion he had with the City three years ago and now to the complaint. She informed him that resources exist to help with situations such as these and explained that when neighbors complain the City must act. Member Smith made a motion setting June 1,1996, as the deadline for completion of work at 4245 Alden Drive. Member Paulus seconded the motion. Member Paulus said if the home were going to be marketed under FHA regulations, all work orders would need to be completed prior to closing. Rollcall: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. WINE LICENSING REVIEWED: PUBLIC HEARING DATE SET OF NOVEMBER 20.1995 Assistant Manager Hughes reported on September 18, 1995, the Council received correspondence from Wayne Kostroski, with respect to the City’s Liquor Ordinances. He particularly requested that the Liquor Ordinances be amended to permit the sale and service of wine or beer to a guest of a restaurant without the requirement that the guest purchase or receive any food. City Ordinances currently prohibit the service of wine and intoxicating malt liquor to a person who does not order a meal (the service of non-intoxicating malt liquor is similarly prohibited if served in a restaurant which possesses a wine license). After considering Mr. Kostroski’s comments, staff was instructed by the Council to present information concerning: I. 2. 3. History of the 1984 Advisory Referendum with respect to wine licensing. Report from the Police Department concerning violations of our Liquor Ordinance. Police Department‘s assessment of the risk that would be involved if the City were to amend the Liquor Ordinances as requested by Mr. Kostroski. The 1984 Advisory Referendum asked the following question: “Shall the City of Edina issue on-sale licenses to qualifying sit-down restaurants to sell wine in conjunction with the sale of food?” Edina citizens voted yes over no by a three to one margin. Page 13 I MinuteslEdina Citv CouncillOctober 16.3 995 If the Council wishes, staff could proceed with preparation of ne amendments for consideration at the November 6, 1995, meeting. I essary rdinance Deputy Chief Siitari explained that the current Police liquor inspection program has been reviewed during the last four years. Violations fell mainly in the category of violating the Edina- specific regulations on serving wine (i.e. no licensed manager on duty and serving wine prior to the meal order). One instance was detected of underage service. No calls for service related to intoxicated or disorderly patrons at any licensed location have been received. Staff considered an assessment of risk if the ordinance were amended as proposed and sees little or no impact on public safety. The restaurant setting does not provide an atmosphere that promotes alcohol related problems. Member Kelly asked what the cost would be to monitor the restaurants. Deputy Chief Siitari believed the budgeted twice-annual inspection policy would be adequate. Wayne Kostroski, an owner of Tejas; emphasized how important this issue is to the restaurant industry which is based on hospitality. The intent of the change is to improve service and guest satisfaction of restaurant patrons. Mr. Kostroski indicated confrontations occur when patrons request wine or beer previous to being seated and are told they can’t be served to be served. Increasing beer or wine consumption is not the intent of this proposal but instead to better serve their patrons. Mr. Kostroski dramatically calculated dollars lost over a year and asked Council consider amending the existing Ordinance. Mayor Richards believes the Council is being asked to be clairvoyant as to the intent of the voters in 1984. He is not concerned with the profit margin or whether patrons are confrontational, the issue is what did the voters in 1984 intend. I Member Maetzold said his recollection of the referendum’s intent was it referred to serving winebeer in a restaurant as opposed to winebeer bar. If voters were polled in 1984 and again today, regarding the appropriateness of serving winebeer previous to being seated or ordering food they would allow serving prior. to seating or ordering. Member Maetzold believes the issue not addressed is whether ordering winebeer at a non-meal time and leaving should be allowed. It is his opinion this would be a minor occurrence and would be within the referendum’s in tent . Member Kelly believes the intent of the referendum was that winebeer be served only with a meal. Amending the ordinance to allow persons to drink winebeer while waiting is against the ordinance as written. She believes a resolution should be sought from a vote of the citizens. Mayor Richards explained the referendum intent was that no person may go to a restaurant for the sole purpose of drinking. He has changed his mind since 1984, with an enlightened approach that a person could have a glass of winebeer before attending a movie. Mayor Richards said a modernization of the rules would be appropriate. Page 14 I MinutedEdina Citv CouncWOctober 16,1995 Member Paulus felt if each voter in 1984 were polled, they would not be able to explain how the referendum was interpreted. It is the Council’s duty to interpret how it best relates to Edina. Police reports have shown the ordinance has little affect if any at all and a referendum would be unnecessary. She would agree to an ordinance amendment. Member Smith stated that in his opinion this now becomes an enforcement issue. He recommended that staff develop an amendment to the ordinance allowing an on-sale winelbeer licensed restaurant to serve wine/beer prior to being seated or ordering food and have it be on the agenda for the November 6,1995, Council meeting. Mayor Richards took a straw poll of the Council. The consensus was that the ordinance would be modified to say a glass of winelbeer would be allowed before food is ordered. Members Maetzold and Paulus would go a step further and allow a person to order a glass of wine/beer at anytime with no intention of ordering food. Member Paulus pointed out the tremendous difficulty with this being enforced. Member Smith reminded Council that restaurants are in the primary business of selling food. If someone ordered a glass of wine/beer without ordering food he wouldn’t care. Member Kelly said enforcement would be impossible. If the amendment is approved, the City might as well have full liquor licensing. In her estimation entering a restaurant with the sole intent of ordering wine/beer is not a reasonable interpretation of the ordinance as it is. Mayor Richards wants persons entering a restaurant to have a primary intention of ordering food, whether it is pastry, dessert, or an hor ‘d oeuvre. Member Smith asked if the interpretation would allow persons in the waiting area be served a wine/beer. Mayor Richards answered yes. Member Smith concurred. Mayor Richards if the amendment says no food is necessary at all, a tavern type of setting is established. Licensing should still be of a sit down restaurant with or without a waiting area. People will still leave without ordering food but the intent would be to order food. Member Paulus inquired what the restaurant owner will instruct staff to say to their patrons. Mayor Richards said as part of the ordinance, every on-sale wine licensed establishment could make their sales checks available for inspection/evaluation. Regulations could be structured accordingly through the ordinance amendment.. Member Kelly said Tejas does their notification of patrons very well with a posted sign stating the Ordinance in their entry. Member Smith reminded that the current Ordinance requires either posting of a placard stating the wine service requirement in a public place or as a part of the menu. .. Page I5 I' MinutedEdina Citv Council/October 16,1995 Member Maetzold voiced concern having-an Ordinance that is difficult to enforce. He suggested allowing the-sale of winelbeer without food and to revisit the issue in six or twelve months to see if any problems exist. Mayor Richards stated this issue was put to the voters in the 40's or 50's. The logical extension.of the argument would be, should the City of Edina issue on-sale wine licenses at all, but that. is not what was voted on. If the Council wants to do what Member Maetzold suggested, it should be voted on. Warren Beck, owner of the Galleria, said he does not believe voters in 1984 spent one- millionth of the time focusing on the phrasing of the ordinance referendum than has been spent during this discussion. People do not read posted signs nor do they understand them. His recall was that the wording on the referendum was structured in such a way that it was clear to the voters that wine was going to be added to an existing restaurant base. Ten years have passed since the referendum with virtually no incidents or problems. Further, any incidents of enforcement center around the winelbeer and food issue. The issue has been sliced and diced to the point where we are far beyond the original intent which was a sit-down restaurant With wine/beer. The Council has the power to amend the Ordinance without going to the voters for a referendum. Mayor Richards asked if stopping for a beer on the way home from work is all right. Mr. Beck replied people do not hang-out in these type of restaurants to consume numerous winelbeers. I Karen Knudsen, 50th and France Association, spoke on behalf of the Board of Directors, voicing favor of the proposed ordinance amendment. Having quality restaurants is important to the business community. The amendment would allow local restaurants to compete with surrounding businesses. Member Maetzold suggested restaurant patrons could be offered a menu when winelbeer is ordered. He believes this was the intent of the referendum. Member Smith believes juggling a glass of winelbeer and a menu would be even more restrictive. Member Kelly suggested amending the ordinance by adding a sunset provision for a six month period. Mayor Richards concluded the consensus of the Council was that the ordinance include that patrons could, before they were seated, be offered a wine/beer. He offered an additional amendment stating that patrons were free to order a winelbeer without the necessity of ordering food. A public hearing should also be held for public input. Member Paulus asked, 1) what enforcement problems are being created with this amendment and 2) if a wine/beer license allows all types of beers to be sold. Manager Rosland said a winelbeer license would allow the sale of all types of beer Page 16 Minutes/Edina City CouncWOctober 16,1995 Member Smith said he believes Council consensus is that no sunset be added to the amendment. Mayor Richards pointed out each license is open to scrutiny at any time. To assure a full complement of members, he suggested the amendment be on the Council agenda November 20,1995, and be advertised and posted as a public hearing. Member Smith suggested to staff that the amendment be strengthened ,regarding wine managers being on site. Member Paulus made a motion setting a public hearing date of November 20,1995, for review of the wine license ordinance amendment. Member Kelly seconded the motion Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. METROPOLITAN LIVABLE COMMUNITIES REPORT PRESENTED Assistant Manager Hughes reported that discussions were held at two previous Council meetings regarding the Metropolitan Livable Communities report. On September 18, staff reported the status of negotiations with the Metropolitan Council with respect to the Act. At that time, staff transmitted a draft Housing Goals Agreement prepared by the Metropolitan Council. The agreement provided the current City index and benchmarks for housing affordability, life cycle opportunities and density. The purpose of the agreement is to establish goals for each of these three categories. The Metropolitan Council prefers the City’s goals equate to the “benchmarks” established for each of the categories. Staff prepared a revision to the Housing Goals Agreement. Based upon the agreement, the City would agree to goals for affordability, life cycle opportunities and density which are equal to our current City index. In the case of life cycle opportunities and density, these goals are within the benchmarks established by the Metropolitan Council and therefore are clearly acceptable. In the case of affordability, our proposed goals (equal to our current City index) are substantially less than the benchmarks. The draft agreement prepared by staff provides findings and conclusions supporting such goals. The Metropolitan Council staff has reviewed our proposed Housing Goals Agreement. Their staff advises that they would accept, on the staff level, our draft agreement albeit reluctantly. They encourage the City to adopt affordability goals showing an intent to increase, rather than simply preserve our current percentage of affordable housing. Based upon our findings, an increase may, be practically impossible to achieve. The City must decide by November 15, 9995, whether or not it desires to participate in the Metropolitan Livable Communities Act. The Council need not conclude a Housing Goals Agreement by this date, however, such an agreement must be successfully negotiated prior to January 15,1996. Assistant Manager Hughes said the Council has three choices: I Page 17 MinuteslEdina Citv CouncillOctober 16,1995 I I) Chose not to participate at all. Consequences would be: a) some funding may not be available to us, b) politically -the Metropolitan Council mus issue a ruthless disclosure to the Legislature advising who elected to participate and who has not. Adopt a resolution indicating willingness to participate in the program by November 15, 1995. It would be acceptable to defer the housing goals agreement until January 15, 1996. Adopt a resolution indicating participation in the program and approve draft agreement as submitted for formal submission to the Metropolitan Council. 2) 3) . The Metropolitan Council staff would be willing to appear at the November 6, 1995, Council meeting if Council wishes. Member Smith made a motion that the City of Edina participate in the Metropolitan Livable Communities Act. Motion was seconded by Member Maetzold. Rollcall: . Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. Mayor Richards inquired whether Council would need additional time or discussion to defer the program until January 6, 1996. Member Maetzold asked if participating with another community has been considered. Assistant Manager Hughes explained the Council would have until June 30, 4996, to adopt a plan. Within that process working with another city in a cluster type arrangement could be discussed. I Mayor Richards asked if the City’s mission statement makes mention of home ownership. Assistant Manager Hughes recalled that ownership/rental is not mentioned but single family dwellings are part of the statement. Mayor Richards said he believes a community is stronger if property is owned rather than rented. Member Smith elaborated within Edina, programs exist for people to be helped with home ownership. Member Paulus suggested the Metropolitan Council should be made aware of the high proportion of senior citizens in Edina. Cities like Edina need to lower their economic strata to be more inclusive. Mayor Richards said this seems defensive in nature. Member Kelly suggested inclusion of nursing facilities into the study. Member Paulus introduced the following resolution and moved its approval: RESOLUTION ELECTING TO PARTICIPATE IN THE Page I8 Minutes/Edina Citv Council/October 16,1995 LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1996 WHEREAS, the Metropolitan Livable Communities Act (1 995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the livable Communities Demonstration Account and the Local Housing Incentives account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup finding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life-cycle housing goals for each municipality by January 15,1996; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15, of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if: a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995; b) the Metropolitan Council and the municipality successfully negotiate affordable and life- cycle housing goals for the municipality; and c) by January 15, 1996, the Metropolitan Council adopts by resolution the negotiated affordable and life-cycle housing goals for each municipality; NOW, THEREFORE, BE IT RESOLVED THAT the City of Edina hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. Member Kelly seconded the motion. I Rol Ica I I : Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. Page 19 ," I . .5 MinuteslEdina City CouncillOctober 16,1995 . PARK REFERENDUM TEAM APPOINTED: REFERENDUM DATE TO BE SET BY PARK REFERENDUM TEAM Mayor Richards informed Council that as a follow-up to discussions at the September 18, 1995, Council meeting, a Referendum Team of volunteers'comprised of City staff, members of athletic organizations and active, involved Edina citizens has been assembled. An organizational meeting of the Referendum Team is scheduled for November 13, 1995, at 500 P.M. with the first forhal meeting to be in January, 1996. The date of the Park Referendum will be set after the Park Referendum Team's organizational meeting. APPOINTMENTS MADE TO HUMAN RELATIONS COMMISSION Mayor Richards recommended Council appointment of Hugh Wooldridge to fill an unexpired term to February 1, 1996, and Ardis Wexler to fill an unexpired term to February 1 , 1997, on the Human Relations Commission. I Member Smith made a motion appointing Hugh Wooldridge to fill an unexpired term to February 1,1996, and Ardis Wexler to fill an unexpired term to February I, 1997, on the Human Relations Commission. Member Kelly seconded the motion. Ayes: Kelly, Maetzold, Paulus, Smith, Richards. Motion carried. REORGANIZATION OF PLANNING COMMISSION DISCUSSION HELD Mayor Richards explained reducing the number of Planning Commissioners to nine from eleven would afford a good cross-section of members and be acceptable. Member Smith inquired whether a formal notice would be needed to modify the ordinance to establish the Planning Commission with nine members. I Mayor Richards noted Council consensus was to direct staff to draft a modified ordinance and follow the process necessary to change the number of Commissioners on the Planning Commission from eleven to nine. AMM POLICIES DISCUSSED - POLICY ADOPTION MEETING SET FOR NOVEMBER 2, 1995 Manager Rosland advised that on November 2, 1995, the Association of Metropolitan Municipalities (AMM) will conduct its policies and legislative proposals adoption meeting. Staff has reviewed the policies and proposals and Manager Rosland would represent the City and their wishes. Mayor Richards asked for Council concerns regarding the policies and proposals. Council consensus was that the proposals as presented were supported. CLAIMS PAID Member Kelly made a motion to approve payment of the following claims as shown in detail on the Check Register dated October 12# 1995, and consisting of 28 pages: General Fund $366,233.58; C.D.B.G. $3,958.00; Communications $26,847.26; Working Capital $139,533.46; Art Center $4,663.27; Swimming Pool Fund $4,583.02; Golf I Page 20 Minutes/Edina City Council/October 16, 1995 Course Fund $26,188.21; Ice Arena Fund $15,334.14; Gun Range Fund $356.45; EdinborougWCentennial Lakes $19,214.79; Utility Fund $258,654.72; Storm Sewer Utility Fund $3,836.57; Recycling Program $35,219.40; Liquor Dispensary Fund $64,825.80; Construction Fund $407,407.81 ; TOTAL $1,376,856.48; and for confirmation of payment of the following claims as shown in detail on the Check Register dated October 5,1995, and consisting of 6 pages: General Fund $164,337.65; Swimming Pool Fund $135.00; Liquor Dispensary Fund $21 1,913.05; TOTAL $376,385.70. Member Smith seconded the motion. I Rol lcal I: Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried. There being no further business on the Council Agenda, Mayor Richards adjourned the meeting at 11: 18 P.M. ' 0 City Clerk Page 21