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HomeMy WebLinkAbout19980615_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 15,1998 - 200 P.M. ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold and Mayor Smith. CONSENT AGENDA ITEMS APPROVED Motion made by Member Maetzold and seconded by Member Faust approving the Consent Agenda with the exception of Agenda Item I. Approval of Minutes for June 1,1998. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. MINUTES OF THE REGULAR MEETING OF TUNE 1, 1998, APPROVED Member Hovland explained he had asked that the approval of the Minutes of June 1, 1998, be removed from the Consent Agenda for correction of his comments on page 6. Motion made by Member Hovland and seconded by Member Kelly approving the Minutes of the Regular Meeting of June 1,1998, as corrected. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold; Smith Motion carried. VACATION OF PORTION OF WEST 41sT STREET APPROVED - LOT 1, BLOCK 3, MORNINGSIDE OAKS ADDITION (4100 GRIMES AVENUE SOUTH) Affidavits of Notice were presented, approved and ordered placed on file. Engineer Hoffman explained the homeowner currently has a fence in place on the northerly boundary of the area requested to be vacated. The homeowner has been in front of the Zoning Board of Appeals and secured a variance allowing remodeling of their home. Engineer Hoffman stated the proponent was in attendance if the Council had questions of him. He noted the staff has reviewed the request and does not expect that a public street needs to be built in this location. Therefore, staff recommends approval of the vacation, reserving utility rights for the City, NSP, Paragon, and U.S. West. The Council questioned whether the City should be vacating the entire right-of-way, who was responsible for attaching the vacated right-of-way to the adjacent properties, and whether the homeowner could build on the vacated easement. Engineer Hoffman explained that after a vacation is approved; the City files a ”Notice of Completion” with Hennepin County. After the ”Notice of Completion’’ is filed it is up to the homeowner to seek to have the vacated property attached to their existing property. He added that if the City reserves the right to service their utilities, the home owner may only build on the area, after moving the affected utilities at the homeowner’s expense. I Page 1 MinutesEdha Citv CounciJ/Tune 15,1998 After a brief discussion, Member Hovland introduced the following resolution and moved its adoption: RESOLUTION VACATING A PORTION OF WEST 41ST STREET ADJACENT TO LOT 1, BLOCK 3, MORNINGSIDE OAKS ADDITION WHEREAS, a motion of the City Council, on the 18th day of May 1998, fixed a date for a public hearing on a proposed street vacation; and WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was held on the 15th day of June, 1998, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WHEREAS, the Council considered the extent the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, telephone or cable television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following portion of West 4lSt Street public right-of- way is hereby vacated effective as of June 15,1998: The southerly twenty (20) feet of the unimproved portion of West 41st Street as platted in the Morningside Oaks Addition, adjacent to Lot 1, Block 3, Morningside Oaks Addition, according to the plat thereof on file or of record in the office of the registrar to titles, Hermepin County, Minnesota. I BE IT FURTHER RESOLVED that said vacation does not affect, and there are continued, reserved, and retained, by the said resolution ordering the vacation, the following existing easements and authority in, on and under the above vacated area: The authority of Northern States Power Company, US West Communications, Paragon Cable Minnesota, or Minnegasco to enter upon the above vacated area for the maintenance, replacement, repair and removal of and for otherwise attending to, underground conduit, manholes, cables, wires and poles required for utility service now in, on or under the above vacated area. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section 412.851. Member Maetzold seconded the motion. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. *BID AWARDED FOR CONTRACT 98-4(ENG) IMPROVEMENT NOS. BA-319, A-183 AND STS-252 WOODDALE GLEN STREET RESURFACING AND STORM SEWER AND I WOODDALE LANE STREET RECYCLING AND CURB AND GUTTER Motion made by Member Maetzold and seconded by Member Faust for award of bid for Contract 98- 4(ENG), Improvement Nos. BA-319, A-183, and STS-252, Wooddale Glen street resurfacing Page 2 MinutesFdina Citv Councirnune 15,1998 and storm sewer and Wooddale Lane street recycling and curb and gutter to recommended low bidder, DMJ Corporation at $87,324.40. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ONE FOUR-WHEEL DRIVE MILLING MACHINE Motion made by Member Maetzold and seconded by Member Faust for award of bid for one four-wheel drive milling machine to recommended low bidder, Wirtgen America, Inc., at $159,750.00 (tax included). Motion carried on rollcall vote - five ayes. *BID AWARDED FOR CONTRACT 98-6(ENG), IMPROVEMENT NOS. SS-391& SS-392, SANITARY SEWER IMPROVEMENTS Motion made by Member Maetzold and seconded by Member Faust for award of bid for Sanitary Sewer Improvements, Contract 98-6(ENG), Improvement Nos., SS-391, and SS-391, (Ashcroft Lane, St. Johns Avenue and Millers Lane) to recommended low bidder, Northdale Construction at $786,215.67. Motion carried on rollcall vote - five ayes. *AWARD OF BID CONTINUED TO WLY 6,1998, FOR CONTRACT 98-5 (ENG) FOR RE- ROOFING OF PORTION OF FIRE STATION AND CITY HALL Motion made by Member Maetzold and seconded by Member Faust to continue award of Contract 98-5 (ENG) for re- roofing of portion of Fire Station and City Hall to July 6,1998. Motion carried on rollcall vote - five ayes. "TRAFFIC SAFETY STAFF REVIEW OF TUNE 2, 1998, APPROVED Motion made by Member Maetzold and seconded by Member Faust approving the Traffic Safety Staff Review of June 2,1998, as recommended in Section A 1. "No Parking" restriction of 30 feet on the south side of Heritage Drive, east from the intersection with York Avenue; 2. Installation of 4-way all-way STOP signs at Cornelia Drive and West 72nd Street; 3. Striping of approaches to the intersection at Cherokee Trail and Cherokee Trail, I and also the use of the speed monitor/display trailer in the same area; and to acknowledge Sections B and C. Motion carried on rollcall vote - five ayes. "RESOLUTION ADOPTED AUTHORIZING EXECUTION AND DELIVERY OF CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY Member Maetzold introduced the following resolution, seconded by Member Faust and moved its adoption: RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF CONDITIONAL USE AGREEMENT WITH HENNEPIN COUNTY BE IT RESOLVED by the City Council of the City of Edina, Minnesota (the "City") as follows: Section 1. Recitals. Hennepin County (the "County") has developed an Electronic Proprietary Data Base (EPDB) (the "Data Base"), which the City desires to utilize. There has been prepared and presented to the City a Conditional Use License Agreement (the "Agreement") between the City and County, pursuant to which the County grants the City Page 3 I MinutesEdha CiW CounciWune 15,1998 a limited license to use the Data Base as provided in the Agreement and the City agrees to pay a fee for the use of the Data Base. I Section 2. Approvals. The form of the Agreement is hereby approved, and the Mayor and City Manager are authorized to enter into the Agreement on behalf of the City in substantially the form presented to the City with such changes or modifications thereto as do not change the substance of the Agreement and are approved by the Mayor and City Manager, such approval to be conclusively presumed by the execution and delivery of the Agreement by the Mayor and City Manager. Motion carried on rollcall vote - five ayes. *RESOLUTION CHANGING LOCATION FOR NOVEMBER 3, 1998, GENERAL ELECTION Member Maetzold introduced the following resolution, seconded by Member Faust and moved its adoption: RESOLUTION DESIGNATING THE POLLING LOCATION FOR PRECINCT 14, CITY OF EDINA BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the polling place for Precinct 4 in the City of Edina be changed from Edina Covenant Church, 4201 West 50th Street to Weber Park Building, 4115 Grim Avenue, Edina, Minnesota, effective with the November 3,1998 General Election. Motion carried on rollcall vote - five ayes. I *COMMUNITY COUNCIL REAPPOINTMENTS Motion made by Member Maetzold and seconded by Member Faust approving reappointment of Edward Noonan, representing the business sector and Kay Bach representing the senior sector to the Edina Community Council for three year terms. Motion carried on rollcall vote - five ayes. TASKS UNLIMITED REOUEST FOR FUNDS FROM C.D.B.G. CONTINUED TO my 6, - 1998 Planner Larsen stated a letter, dated May 20,1998, was received from Tasks Unlimited requesting funding from Community Block Fund Grant Funds (C.D.B.G.) to assist with their purchase of the duplex at 6312-6314 France Avenue South in Edina. He introduced Craig Brett, Director of Tasks UnIimited. Mi.. Brett explained that the duplex would provide affordable housing for six adults with disabilities. Tasks UnIimited would utilize funds from the Hennepin County HOME Investment Partnerships and MHFA Housing Trust Fund to finance f5e project. The total project cost, including acquisition, remodeling and updating is estimated at $258,250. Tasks Unlimited has received $150,000 from Hennepin County HOME, $75,000 from -A, leaving a balance of $33,250 that Tasks UnIimited is requesting from Edina’s C.D.B.G. Mr. Brett said there are two reasons why Tasks Unlimited is requesting funds; 1) any funds that offset the $33,250 balance for property-related costs will allow Tasks Unlimited to provide more program-related support services to disabled persons, and 2) the proposed project will result in a more valuable property in the City of Edina. The structure must be updated with proper egress from lower level bedrooms, GFI outlets, in-line hardwired smoke detectors and CO monitors. These updates will increase the value of the property whether for Tasks Unlimited or for resale in the future. I Page 4 MinutesEdina Citv Council/Cune 15,1998 Mr. Brett explained Tasks Unlimited Lodges is a not-for-profit Community Housing and Development Organization that has been in the business of serving adults with mental health disabilities since 1970. They own thirteen similar properties in Hennepin, Rarnsey and Anoka counties. All properties are well maintained and reflect the standards of the neighborhoods. He respectfully asked that the City of Edina would recognize the benefits of the project and contribute C.D.B.G. funds towards the home’s purchase. B Mayor Smith asked if any Edina residents would be served. Mr. Brett said prospective residents of the home must be: Hennepin County residents, meet income requirements, and be able to work at least four hours per day. He added some residents may come from Edina; however, Mr. Brett does not make resident selections. Therefore, he was not certain if this particular home would be serving any Edina residents. Member Hovland asked the derivation of the Tasks Unlimited logo. Mr. Brett explained residents were living with lifelong disabilities that affect all aspects of their lives. When prospective residents were asked what they wanted, they replied, ”a job, a nice place to live and friends”. Residents must work at various jobs from construction to janitorial and contribute to the ’lodge’. During the 24 hour day, staff would work eight of those hours and provide transportation to and from work for the residents during those eight hours. Member Hovland asked what happens if the residents no longer work. Mr. Brett answered they would not be able to stay at the residence, and would perhaps be offered a training or re- training program. Member Hovland asked if prospective residents arrive at the home already employed. Mr. Brett responded residents are referred by training facilities or employment offices. There would most likely be a mix of new and old residents in the home at any one he. Member Faust asked what hours staff would work and how many residents would live in the house. Mr. Brett replied staff normally works from 1 - 8 P.M. and the France Avenue home would house six residents. Member Faust asked if there were any other group homes on France Avenue. Planner Larsen said he was not aware of any licensed facilities on France Avenue, however; the subject property is next door to the ABC House. Member Maetzold asked if the property could be encumbered to recover funds when it is resold. Planner Larsen responded a condition could be made a part of the funding program which would be similar to the rehabilitation of a dwelling where proceeds are recovered after the residence is resold. Mayor Smith inquired if the home is similar to English Rose Suites that recently opened in Edina and houses residents with Alzheimer disease. Assistant Manager Hughes responded the Tasks Unlimited proposed residence would not need a special license from the State, but would be a non-traditional use similar to the ABC house. He added the house at 6312-6314 France Avenue has been a topic of Council concern more than once because of the home’s condition. Assistant Manager Hughes also noted Edina could be given credit for this use within the Livable Communities Act. I Page 5 MinutesEdha Citv Council&me 15,1998 Member Hovland questioned whether any other Tasks Unlimited facilities had been visitqd. Planner Larsen responded that the County gives Tasks Unlimited their recommendation, Ad that he has personally visited a number of their locations that are well maintained. Planner Larsen concluded adding the Tasks Unlimited use of this home would be a good fit. Mayor Smith commented he does not understand why this home does not require licensing and asked Mr. Brett if the issue could be back on the July 6th Agenda. Mr. Brett noted they have a July 2,1998, closing. He said Tasks Unlimited has been in business since 1978 and operates in numerous places either in single family homes or duplexes. Mi-. Brett explained that the France Avenue residence wiII have advisory staff ody because Tasks Unlimited does not provide programming for its residents in their homes. Member Maetzold said he believes the proposed use is worthwhile and appropriate. He suggested an encumbrance could be included stating Tasks Unlimited must pay back the funds when the home is resold. Attorney Gilligan stated his belief that adding an encumbrance to the disbursement of the C.D.B.G. federal program was possible, stating he would research the possibility. Planner Larsen pointed out it could be handled similar to the way the Rehabilitation of Private Property under the Community Development Block Grant program is handled. Council consensus stated a formal decision would be issued at the July 6, 1998, regular I meeting, following further study by Attorney Gilligan concerning the funding being encumbered for a payback at resale of the property. *STORM UPDATE REPORT ACKNOWLEDGED Motion made by Member Maetzold and seconded by Member Faust acknowledging receipt of the update report on storm damage cleanup in the City. Motion carried on rollcall vote - five ayes. MAYORS PLANNING INITIATIVE - EDINA’S 2020 VISION - ENVISIONED Mayor Smith shared his vision for long range planning for the City of Edina, and suggested six areas of focus: 1) Regional, 2) Demographics, 3) Public Safety, 4) Housing, 5) Programs and 6) the City’s Infrastructure. He believed the sessions could take fifteen months and suggested hiring an outside facilitator to move the sessions forward in a timely fashion. Mayor Smith noted the cost of Edina’s 2020 Vision sessions could be approximately $30,000. Following a brief discussion, the Council directed that Edina’s 2020 Vision be placed on the Council Agenda for July 20,1998, for further information and discussion. REAPPOINTMENT TO SHeRPA APPROVED Motion made by Member Maetzold and seconded by Member Hovland approving the reappointment of Nan Faust to the SHeRPA Advisory Council for a two-year term from y1/98 to WOO. Motion carried on rollcall vote - five ayes. Page 6 MinutesBdina Citv Council/June 15,1998 *ANTENNA ARRAY REQUEST RECEIVED FROM AERIAL COMMUNICATIONS Motion made by Member Maetzold and seconded by Member Faust acknowledging the request from Aerial Communications to mount an antenna array on the City’s watertower at Gleason Road and the Crosstown Highway. Motion carried on rollcall vote - five ayes. CORRESPONDENCE RECEIVED REQUESTING LIQUOR REFERENDA Assistant Manager Hughes noted correspondence had been received from the Commulnity Growth Alliance, 7701 Normandale Road. The Alliance was represented at the meeting by Mike Kallas, Wayne Kostroski and Warren Beck. The O’Connor Group, 399 Park Avenue, New York, NY, representing the Southdale Center wrote requesting that the question whether on- sale liquor licenses for certain businesses should be allowed, could be included on the November ballot. Mike Kallas, Attorney at Kallas & MacDonald, and Board Chair of the Edina Chamber of Commerce, stated the question the Community Growth Alliance is asking is, ”Shall the City of Edina issue on-sale liquor licenses for quallfying hotels and full service restaurants in identified business districts?” Mr. Kallas said times have changed and in order to find out how the community feels, the Alliance is requesting the community’s opinion regarding the potential change via a referenda being placed on the fall election ballot. Wayne Kostroski, resident of the community and co-owner of Tejas restaurant in Edina, Board Member of 50” & France Association, Board Member and Past President of the Minnesota Restaurant Association and Chamber of Commerce member, said he has been listening to his ”guests’” questions. He is always asked: 1) Why is there no liquor in Edina, 2) Why is the Ordinance still on the books, and 3) Isn’t it time for a change. Mr. Kostroski believes it is time to ask the community via a vote if they want the City to issue on-sale liquor licenses to quallfying businesses. Warren Beck, Gabbert & Beck/ Galleria Shopping Center, Chamber of Commerce member and active member of the Edina business community for over 30 years, commented he has seen real change in attitudes in the restaurant business. He believes the time is right to ask the community how they feel about licensing certain businesses to sell on-sale liquor at quallfying businesses in Edina. Following a brief discussion, Council consensus was to direct staff to: 1) research history of previous attempts at licensing intoxicating on-sale liquor sales in the City, 2) explain the process to place the question on the November ballot, 3) explain the process to be followed if the referendum passes, 4) research like issues in other cities, and 5) what affect this will have on the City’s liquor business. Member Kelly asked the Council if he should excuse himself from the discussion or vote on the liquor referendum issue because of a possible conflict of interest. He explained the law firm he works for has represented Gabbert and Beck in the past. Mayor Smith stated he did not perceive that a conflict of interest exists. I Page 7 MinutesEdha Citv CounciWune 15,1998 I GRATITUDE EXPRESSED BY RESIDENT Former Council Member Jack Rice, 4801 Hilltop Lane, spoke with gratitude for many residents of Edina for the care employees gave to the City during the recent storms. He personally observed City employees shoveling debris off City streets, tree removal being carried out nearly immediately and debris hauled away in a tknely fashion. Mi. Rice called the effort a fabulous performance. *RESOLUTION SETTING PUBLIC HEARING DATE OF Tur, Y 6, 1998, FOR VOLUNTEERS OF AMERICA REFUNDING BONDS Member Maetzold introduced the following Resolution, seconded by Member Faust: RESOLUTION SETTING A PUBLIC HEARING FOR REFUNDING BONDS FOR VOLUNTEERS OF AMERICA NOTICE IS HEREBY GIVEN that a public hearing shall be conducted by the City Council of the City of Eha, Minnesota, for the purpose of hearing a proposal to refinance the City's outstanding Health Care Facilities Revenue Bonds (Volunteers of America Care Facilities Projects), Series 1995 (the "City Bonds"), which were issued under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Section 469.152 through 469,165, as amended. The hearing will be held at City Hall in the City of Edina on Monday, Jdy 6,1998, at ZOO P.M. The City Bonds, along with other existing debt of Volunteers of America Care Facilities (the "Corporation"), and Volunteers of America Assisted Living Communities, each a Minnesota non-profit corporation, will be refinanced using proceeds of the sale of one or more series of new revenue bonds issued by the Colorado Health Facilities Authority (the "Series 1998 Bonds") in a maximum aggregate face amount not to exceed $40,000,000. Only a portion of the Series 1998 Bonds will be used to refinance the City Bonds. The City Bonds will originally be refinanced with taxable bonds issued by the Colorado Health Facilities authority. The taxable bonds will be callable on March 1,2000, at which time tax-exempt bonds may be issued to replace the taxable bonds. The aggregate principal amount of Series 1998 Bonds that will be used to refinance the City Bonds will not exceed $10,000,000. The City Bonds were originally issued in order to finance the acquisition of and improvements to a nursing home facility located at 6200 Xerxes Avenue South in the City of Edina and a nursing home facility located at 3245 Vera Cruz Avenue North, in the City of Crystal. The Corporation owns or operates both facilities. The Series 1998 Bonds will not be obligations of the City, and the Series 1998 Bonds and interest thereon will be payable solely from the revenues pledged to the payment thereof. No holder of any Series 1998 Bonds will ever have the right to compel my exercise of the taxing power of the City to pay the bonds or the interest thereon, nor to enforce payment against any property of the City. The Public Hearing is required by Section 1470 of the Internal Revenue Code of 1986, as amended. At said time and place the City Council shall give all parties who appear or submit written comments an opportunity to express their views with respect to the proposal to undertake the refinancing. I Motion carried on rollcall vote - five ayes. Page 8 Minuteskdina City Counciwune 15,1998 CLAIMS PAID Member Maetzold made a motion to approve payment of the following claims as shown in detail on the Check Register dated June 10,1998, and consisting of 34 pages: General Fund $226,294.05; Communications $183.43; Working Capital $31,427.37; Art Center $23,994.00; Golf Dome Fund $7,716.58; Swimming Pool Fund $3,769.71; Golf Course Fund $65,502.16; Ice Arena Fund $35,087.32; Edinborough/Centennial Lakes $23,424.61; Utility fund $219,526.72; Storm Sewer Utility Fund $1,581.11; Recycling Program $34,101.17; Liquor Dispensary Fund $223,726.17; Construction Fund $80,564.47; Park Bond Fund $36,251.97; 1-494 Commission $2,343.86; TOTAL $1,015,494.70; and for confirmation of the following claims as shown in detail on the Check Register dated June 3, 1998, and consisting of one page: General Fund $273,036.94; Liquor Dispensary Fund $31,623.04; TOTAL $304,659.98. Rollcall: Ayes: Faust, Hovland, Kelly, Maetzold, Smith Motion carried. There being no further business on the Council Agenda, Mayor Smith declared the meeting adjourned at 8:53 P.M. Page 9